The Essential Facilities Doctrine Under United States Antitrust Law

The issue of essential facilities has attracted renewed attention in Europe in recent years because of the controversy between IMS Health Inc. and NDC Health Corporation, two competitors in pharmaceutical data services in Germany . . . After an extensive investigation, the European Commission (EC) ordered that IMS grant access to the 1860 brick structure on commercially reasonable terms, and the EC decision is now on appeal in the Court of First Instance in Luxembourg. One issue that emerged in that litigation is whether a decision by European authorities to grant access to the alleged essential facility, especially one whose market power derived in part from a copyright, would open a gap between European and U.S. antitrust law. In response to that contention, the authors of this piece filed a statement in the Court of First Instance describing U.S. law on the subject. We argued that the EC\u27s ruling is consistent with U.S. jurisprudence on the subject of essential facilities. The remainder of this article consists of a revised version of the Court of First Instance filing

What definition is used to describe second impact syndrome in sports? A systematic and critical review

Concern about what has been termed, “second impact syndrome” (SIS) is a major factor determining return-to-play decisions after concussion. However, definitions of SIS vary. We used Scopus to conduct a systematic review and categorize the definitions used to describe SIS. Of the 91 sources identified, 79 (87%) clearly specified that SIS involved either cerebral edema or death after a concussion when a prior concussion had not resolved. Twelve articles (13%) could be interpreted as merely the events of two consecutive concussions. Among the articles that listed mortality rates, nearly all (33/35, 94%) said the rate of death was “high” (e.g., 50% to 100%). Our review found that most articles define SIS as a syndrome requiring catastrophic brain injury after consecutive concussive episodes. Given that it is unclear how common it is to have a second concussion while not fully recovered from a first concussion, the actual mortality rate of SIS is unknown.http://journals.lww.com/acsm-csmr2018-01-31hb2017Sports Medicin

The Impact of Climate Change on Virginia\u27s Coastal Areas

As part of HJ47/SJ47 (2020), the Virginia General Assembly directed the Joint Commission on Technology and Science (JCOTS) to study the “safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia.” In pursuit of this goal, the commission was to “accept any scientific and technical assistance provided by the nonpartisan, volunteer Virginia Academy of Science, Engineering, and Medicine (VASEM). VASEM convened an expert study board with representation from the Office of the Governor, planning district commissions in coastal Virginia, The Port of Virginia, the Virginia Economic Development Partnership, state universities, private industry, and law firms. In producing the report, the board followed methods similar to those used by the National Academies of Science, Engineering, and Medicine by convening an expert committee tasked with studying and reporting on the topic. As a result, the report represents the views and perspectives of the study board members but was not submitted for public review or comment. This report is the product of those efforts. It finds that climate change will have an increasingly disruptive effect on people living in Virginia’s coastal areas during the 21st century — and that these disruptions will have repercussions across the Commonwealth. It includes an explanation of the physical forces driving climate change, an analysis of the current and projected effects of climate change on the Commonwealth, perspectives that legislators might consider as they face these challenges, and recommendations that could help Virginia implement more productive and effective strategies to address them

Migrant mothers’ creative interventions into racialized citizenship

Racialized migrant mothers are often cast as marginal to theoretical and political debates of citizenship, yet by taking seriously the contributions to cultural and caring citizenship they make, we challenge the racialized boundaries of citizenship. Drawing on theories of enacting citizenship, that is, challenging hegemonic narratives of who can legitimately claim to contribute to citizenship, we explore migrant women’s mothering through participatory theatre methods. Through analysis of participatory action research (PAR) with migrant mothers in London, we emphasize the significance of embodied and affective meanings for challenging racialized citizenship. The theatre methods allow participants to develop collective subjugated knowledges challenging racialized, gendered and classed stratifications of rights, burdens and privileges of caring citizenship. This draws attention to the important role of creativity of the self as an aspect of both cultural and care work for understanding racialized migrant mothers’ citizenship

Stitching time: artisanal collaboration and slow fashion in post-disaster Haiti

The promotion of the textile and garment industries as a development strategy following the 2010 earthquake in Haiti and a US-backed return to garment assembly lines has prompted an interrogation of some of the local impacts of transnational manufacturing practices in this context. This essay seeks to evaluate alternative fashion practices and social enterprises in Haiti that are currently challenging and disassembling the contemporary forms of slavery predominant in offshore low-wage garment manufacturing. These slower “ethical fashion” cooperatives integrate traditional Haitian skills and cultural konesans (knowledge) with international design languages and market savoir-faire to produce unique handcrafted pieces for the global fashion market. Yet, as this paper argues, these collaborations reveal ongoing neo-colonial inequalities that side-line Haitian agency. Their uneven modes of production and marketing strategies often involve short-term interventions by Western fashion designers that undermine Haitian expertise. This examination of artisan “development” therefore seeks to situate these enterprises in a longer history of sustainability in Haiti, and considers how stitching cloth in response to disaster can retrace the stories of loss and survival of communities and mediate cultural knowledge

The development and validation of a scoring tool to predict the operative duration of elective laparoscopic cholecystectomy

Background: The ability to accurately predict operative duration has the potential to optimise theatre efficiency and utilisation, thus reducing costs and increasing staff and patient satisfaction. With laparoscopic cholecystectomy being one of the most commonly performed procedures worldwide, a tool to predict operative duration could be extremely beneficial to healthcare organisations. Methods: Data collected from the CholeS study on patients undergoing cholecystectomy in UK and Irish hospitals between 04/2014 and 05/2014 were used to study operative duration. A multivariable binary logistic regression model was produced in order to identify significant independent predictors of long (> 90 min) operations. The resulting model was converted to a risk score, which was subsequently validated on second cohort of patients using ROC curves. Results: After exclusions, data were available for 7227 patients in the derivation (CholeS) cohort. The median operative duration was 60 min (interquartile range 45–85), with 17.7% of operations lasting longer than 90 min. Ten factors were found to be significant independent predictors of operative durations > 90 min, including ASA, age, previous surgical admissions, BMI, gallbladder wall thickness and CBD diameter. A risk score was then produced from these factors, and applied to a cohort of 2405 patients from a tertiary centre for external validation. This returned an area under the ROC curve of 0.708 (SE = 0.013, p  90 min increasing more than eightfold from 5.1 to 41.8% in the extremes of the score. Conclusion: The scoring tool produced in this study was found to be significantly predictive of long operative durations on validation in an external cohort. As such, the tool may have the potential to enable organisations to better organise theatre lists and deliver greater efficiencies in care