2,419 research outputs found

    Default Reasoning and Generics

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    The Political Morality of Nudges in Healthcare

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    A common critique of nudges is that they reduce someone's of choices or elicit behavior through means other than rational persuasion. In this paper, I argue against this form of critique. I argue that, if there is anything distinctively worrisome about nudges from the standpoint of morality, it is their tendency to hide the amount of social control that they embody, undermining democratic governance by making it more difficult for members of a political community to detect the social architectā€™s pulling of the strings. This concern is particularly salient as to choices where it is important for people to directly engage with a certain set of values, ā€œbig personal decisionsā€ (to use a simplifying phrase). Many healthcare decisions are exactly these kinds of choices

    The FTC Has a Dog in the Patent Monopoly Fight: Will Antitrustā€™s Bite Kill Generic Challenges?

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    Antitrust laws have been notoriously lenient in the patent realm, the underlying reason being that patentsā€™ grant of exclusion create monopolies that defy antitrust laws in order to incentivize innovation. Thus, antitrust violations have rarely been found in the patent cases. But after the Supreme Courtā€™s holding in FTC v. Actavis, brand name pharmaceutical companies may need to be more cautious when settling Hatch-Waxman litigation with potential patent infringers. Both brand-name drug manufacturers and generic drug manufacturers have incentives to settle cases by having the brand-name pay the generic in exchange for delaying their entry into the market. While courts usually found that these reverse-payment settlements did not violate antitrust laws, the Supreme Court recently held that they sometimes can, even if the settlementā€™s anticompetitive effects fall within the scope of the exclusionary potential of the patent. The Court tried to take the middle ground after rejecting several bright line rules promulgated by appellate courts, including the Third Circuitā€™s ā€œquick lookā€ presumption against reverse payment settlements and the Second, Eleventh, and Federal Circuitā€™s ā€œscope of the patentā€ test. This note finds that the Supreme Courtā€™s ruling will make the Hatch- Waxman legal landscape murky and, therefore, difficult for district courts to rule on the legality of reverse-payment settlements in the future. The ruling may hinder generics from challenging brandname manufacturers, a result that would certainly contravene the principle purpose behind the Hatch Waxman Act

    Children's Developing Intuitions About the Truth Conditions and Implications of Novel Generics Versus Quantified Statements

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    Generic statements express generalizations about categories and present a unique semantic profile that is distinct from quantified statements. This paper reports two studies examining the development of children's intuitions about the semantics of generics and how they differ from statements quantified by all, most, and some. Results reveal that, like adults, preschoolers (a) recognize that generics have flexible truth conditions and are capable of representing a wide range of prevalence levels; and (b) interpret novel generics as having nearā€universal prevalence implications. Results further show that by age 4, children are beginning to differentiate the meaning of generics and quantified statements; however, even 7ā€ to 11ā€yearā€olds are not adultlike in their intuitions about the meaning of mostā€quantified statements. Overall, these studies suggest that by preschool, children interpret generics in much the same way that adults do; however, mastery of the semantics of quantified statements follows a more protracted course.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/111169/1/cogs12176.pd

    OpenJML: Software verification for Java 7 using JML, OpenJDK, and Eclipse

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    OpenJML is a tool for checking code and specifications of Java programs. We describe our experience building the tool on the foundation of JML, OpenJDK and Eclipse, as well as on many advances in specification-based software verification. The implementation demonstrates the value of integrating specification tools directly in the software development IDE and in automating as many tasks as possible. The tool, though still in progress, has now been used for several college-level courses on software specification and verification and for small-scale studies on existing Java programs.Comment: In Proceedings F-IDE 2014, arXiv:1404.578

    Generics, modality, and morality

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    The issues in this dissertation reside at the intersections of, and relationships between, topics concerning the meaning of generic generalizations, natural language modality, the nature and role of moral principles, and the place of supererogation in the overall structure of the normative domain. In ā€™Generics and Weak Necessityā€™, I argue that genericsā€”exception-granting generalizations such as ā€™Birds ļ¬‚yā€™ and ā€™Tigers are stripedā€™ā€”involve a covert weak necessity modal at logical form. I argue that this improves our understanding of the variability and diversity of generics. This chapter also argues that we can account for variability concerning normative generics within a modal approach to generics. In ā€™The Genericity of Moral Principlesā€™, I provide evidence for the view that moral principles are generic generalizations, and, on the basis of this claim, argue that moral principles do not provide adequate support for reasoning about the moral statuses of particular cases. In ā€™Supererogation and the Structure of the Normative Domainā€™, I investigate the diversity of the central normative modal notions and argue that we should distinguish between two senses of supererogation based different ways deontic modals are sensitive to background information
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