Introduction: The Effects of Selection Method on Public Officials

State and local governments have long struggled to design optimal mechanisms for selecting public officials. Centuries of experimentation have left us with several techniques: election (partisan or otherwise), political appointment, or selection by some kind of technocratic commission. Despite our extensive experience with these systems, no consensus has emerged as to which system is best under what circumstances. Several questions remain unclear: What effect does selection method have on the quality of services that public officials provide? Does selection method systematically affect the ideological composition of officials? If so, does that effect matter? And what determines whether a jurisdiction adopts a particular method of judicial selection in the first instance? The articles that follow make important contributions to our understanding of each of these issues. In Adjudicating Death: Professionals or Politicians?, Professors Stephen Choi and Mitu Gulati investigate whether professional medical examiners or elected coroners provide better autopsy services. Their study parallels the long running debate in the legal literature (which includes Professor Brian Fitzpatrick\u27s piece in this Symposium) about whether appointed or elected judges better serve the public. Choi and Gulati hypothesize that professional medical examiners will make fewer errors and be more independent than their elected counterparts but may be driven more by self-interest than elected officials. To determine whether a quality differential exists, the authors compare autopsy quantities, accreditation by the National Association of Medical Examiners, and litigation in states that have professional examiners to states that have elected coroners. The results are striking-elected coroners perform fewer autopsies, are less likely to be accredited, and are more likely to be sued. Their results bolster claims across the legal literature that professionals implement better policy than their elected counterparts

COVID-19 Tort Reform

In 2020 and 2021, 44 states and Washington, D.C. passed laws that limited tort liability related to COVID-19. The most common reforms immunized health care providers from malpractice or similar liability. A second category is limited liability to individuals or businesses for exposing others to the novel coronavirus. And a third category protected manufacturers of supplies used to detect and prevent COVID- 19 from products liability suits. The goals of these reforms included protecting health care providers from uncertainty in providing care for a novel disease, limiting the macroeconomic consequences of the pandemic, and encouraging the distribution of critical supplies to avoid shortages. States providing immunity assumed that institutions and individuals alike would react to reforms, as theory predicts, by engaging in more of the immunized activities. In general, the literature supports the assumption that institutions, like hospitals or manufacturers of face masks and COVID-19 tests, change their behavior in response to tort reform. Yet there is little empirical evidence demonstrating how tort law affects risk-taking by individuals. The lack of evidence about the relationship between tort law and individual decision-making is of broad interest, as one of the primary goals of tort law is to incentivize efficient levels of risk-taking. This Article provides novel empirical evidence on the effects of COVID-19 tort reform on public health. The analysis yields three important results. First, it shows that medical liability reforms had counterproductive public health effects. States that immunized health care providers from tort suits arising out of COVID-19 care experienced 20% more COVID-19 cases and 5% more COVID-19 hospitalizations. Second, the results demonstrate that exposure reforms counterintuitively decreased COVID-19 cases by making it easier for businesses and other institutions to require customers to comply with public health guidance. Third, the results reveal that tort law had very little effect, if any, on the precautions individuals chose to avoid contracting or spreading the disease. The third result is broadly interesting, as it indicates that tort law will be a weak incentive to individuals whenever they are choosing a level of care that can protect themselves or others

The Specific Consumer Expectations Test for Product Defects

In this Article, we propose that courts adopt an amended version of the consumer expectations test that we call the “specific consumer expectations test.” The specific consumer expectations test would apply to any product or product component for which consumers have clear, articulable ex ante expectations about the function of the product. Under the specific consumer expectations test, a defendant is liable if consumers expected such a product to reduce a particular risk, and the product in fact increased that risk. Similarly, if a product was intended to convey a particular benefit, but in fact harmed consumers along the same dimension, the test is violated. For example, if defective airbags increased the risk of injury after a motor-vehicle crash rather than decreased the risk, that product would be deemed defective under the specific consumer expectations test. By shifting the law’s focus from measuring the magnitude of consumer expectations to a simpler identification of the direction that consumers expected risks to change, the specific expectations test increases the administrability of products liability law and captures most of the incentives that the traditional consumer expectations test could theoretically provide. In particular, firms are incentivized to produce products that never increase risks unexpectedly, and consumers are empowered to purchase products which reflect their willingness to pay for risks. In cases where consumers lack specific expectations, we argue that courts should apply the risk-utility test to minimize unanticipated accident costs to consumers and firms. We bolster our analysis with a novel experiment that demonstrates that the specific expectations test is consistent with the preferences of actual consumers. Our incentive-compatible experiment asked subjects to make consumption decisions over various risky products and determine punishments for the firms that manufacture defective products. The results reveal that individuals demand substantially greater punishments for firms that manufacture products that violate specific expectations. But, before the defect has manifested, consumers are willing to tolerate prospective defect risks in general as well as defects that would cause a product to perform the opposite of its intended function. It is after the defect has occurred that consumers display greater outrage with respect to product defects that impose harms that are the opposite of the intended function of the product or product component. Taken together, these results indicate that the specific expectations test would deter manufacturers from making defective products in the exact circumstances where consumers suffer the greatest harms from product defects, and the test would permit consumers to choose when to consume dangerous products without producers risking ex post liability

Survey of the nature and extent of gambling and problem gambling in the ACT

Gambling participation and expenditure • Approximately 75% of surveyed ACT residents gambled last year with nearly 36% of gamblers participating on at least a weekly basis. • The highest levels of gambling expenditure were recorded for gaming machines and lotteries. • According to latest Tasmanian Gaming Commission statistics, total gambling expenditure by ACT residents in 1999-2000 was $209m

The double-cross system in the war of 1939 to 1945

"By means of the double-cross system we actively ran and controlled the German espionage system in this country." This extraordinary claim is made in this British top secret intelligence report written by an Oxford don at the end of World War II. The Masterman Report, now made available for the first time, with the permission of Her Majesty{u2019}s Government, describes the double-cross system and offers an account of its workings which clearly substantiates the claim. The double-cross system was a remarkable apparatus of deception whereby German agents captured in Great Britain were induced to serve the Allied cause by supplying the German officers with information devised and manipulated by British intelligence. In the Masterman Report the theory and practice of this device, which in the end contributed substantially to the Allied military success, is laid out in fascinating detail. The author discloses the careful process by which the captured spy was brought into effective British service and the necessity for total psychological empathy between the British spymaster and the Nazi agent. He describes the problem of providing credible messages for return to the enemy and, ultimately, the use of this "traffic" in the actual conduct of strategic deception. Here at last is the explanation of how Hitler and the German army were fooled into believing that the Allied D Day landings would be made in the Pas de Calais rather than in Normandy. Double agentry was an engrossing game and the stakes were high. This important document in the history of World War II uncovers the complex story of the doublecross system from its origins in 1939 through the early defensive achievements of 1941 and on to the aggressive coups of 1942-43 and of the last years of the war in Europe. Included in the myriad of detail are the activities of the superspies to whom the British gave such astonishing and apt cover names as Tricycle, Garbo, Zigzag, Snow, Lipstick, and Treasure. The Double-Cross System in the War of 1939 to 1945{u2019} is an official report by a man who played a conspicuous role in this adventure. It is a lucid narrative which combines the scrupulous accuracy of a historical account with the liveliness of drama. Sir John Masterman has produced a document from which could be quarried countless spy-story plots, none stranger than the true events he relates

Managing the delivery of iconic football stadiums in England

The English football premier league has become the most popular sports league in the world; with ardent fans and audiences all over the world. The potential business opportunities that this growth holds have therefore attracted investors who are keen to buy shares in the clubs and sign up the best footballers that money can buy. Underpinning the growth in all of the premier league clubs is a desire to make a distinct statement of identity as part of a competitive strategy. One way to achieve this is through the design and construction of iconic football stadiums. This paper explores the specific project management challenges associated with delivery of iconic football stadiums in England and draws lessons for the management of similar iconic infrastructure projects. A study of project management best practice and some case studies shows that key issues which are common to these projects are centred on design management; choice of procurement route; client management; and stakeholder expectation management. These issues are not necessarily unique to the project management of iconic football stadiums but are amplified by the context of these projects. The emphasis on iconic status in a competitive market also means that stadium projects should be conceived and delivered in the context of other strategic projects which should be clearly understood by the project management team

A Portable Infrasonic Detection System

During last couple of years, NASA Langley has designed and developed a portable infrasonic detection system which can be used to make useful infrasound measurements at a location where it was not possible previously. The system comprises an electret condenser microphone, having a 3-inch membrane diameter, and a small, compact windscreen. Electret-based technology offers the lowest possible background noise, because Johnson noise generated in the supporting electronics (preamplifier) is minimized. The microphone features a high membrane compliance with a large backchamber volume, a prepolarized backplane and a high impedance preamplifier located inside the backchamber. The windscreen, based on the high transmission coefficient of infrasound through matter, is made of a material having a low acoustic impedance and sufficiently thick wall to insure structural stability. Close-cell polyurethane foam has been found to serve the purpose well. In the proposed test, test parameters will be sensitivity, background noise, signal fidelity (harmonic distortion), and temporal stability. The design and results of the compact system, based upon laboratory and field experiments, will be presented

Minimal impact electro-injection of cells undergoing dynamic shape change reveals calpain activation

AbstractThe ability of neutrophils to rapidly change shape underlies their physiological functions of phagocytosis and spreading. A major problem in establishing the mechanism is that conventional microinjection of substances and indicators interferes with this dynamic cell behaviour. Here we show that electroinjection, a “no-touch” point-and-shoot means of introducing material into the cell, is sufficiently gentle to allow neutrophils to be injected whilst undergoing chemokinesis and spreading without disturbing cell shape change behaviour. Using this approach, a fluorogenic calpain-1 selective peptide substrate was introduced into the cytosol of individual neutrophils undergoing shape changes. These data showed that (i) physiologically elevated cytosolic Ca2+ concentrations were sufficient to trigger calpain-1 activation, blockade of Ca2+ influx preventing calpain activation and (ii) calpain-1 activity was elevated in spreading neutrophil. These findings provide the first direct demonstration of a physiological role for Ca2+ elevation in calpain-1 activation and rapid cell spreading. Electroinjection of cells undergoing dynamic shape changes thus opens new avenues of investigation for defining the molecular mechanism underlying dynamic cell shape changes

Collection of Infrasonic Sound From Sources of Military Importance

Extreme Endeavors is collaborating with NASA Langley Research Center (LaRC) in the development, testing and analysis of infrasonic detection system under a Space Act Agreement. Acoustic studies of atmospheric events like convective storms, shear-induced turbulence, acoustic gravity waves, microbursts, hurricanes, and clear air turbulence (CAT) over the past thirty years have established that these events are strong emitters of infrasound. Recently NASA Langley Research Center has designed and developed a portable infrasonic detection system which can be used to make useful infrasound measurements at locations where it was not possible previously, such as a mountain crag, inside a cave or on the battlefield. The system comprises an electret condenser microphone, having a 3-inch membrane diameter, and a small, compact windscreen. Extreme Endeavors will present the findings from field testing using this portable infrasonic detection system. Field testing of the infrasonic detection system was partly funded by Greer Industries and support provided by the West Virginia Division of Natural Resources. The findings from this work illustrate the ability to detect structure and other information about the contents inside the caves. The presentation will describe methodology for utilizing infrasonic to locate and portray underground facilities

Coronary artery calcification on routine CT has prognostic and treatment implications for all ages

Aims: Guidelines have recommended reporting coronary artery calcification (CAC) if present on chest CT imaging regardless of indication. This study assessed CAC prevalence, prognosis and the potential clinical impact of its reporting. Methods: We performed a single-centre retrospective analysis (January-December 2015) of 1400 chest CTs (200 consecutive within each age group: &lt;40, 40-49, 50-59, 60-69, 70-79, 80-89, ≥90). CTs were re-reviewed for CAC presence and severity and excluded if prior coronary intervention. Comorbidities, statin prescription and clinical outcomes (myocardial infarction [MI], stroke, all-cause mortality) were recorded. The impact of reporting CAC was assessed against pre-existing statin prescriptions. Results: 1343 patients were included (mean age 63±20 years, 56% female). Inter- and intra-observer variability for CAC presence at re-review was almost perfect (κ 0.89, p &lt; 0.001; κ 0.90, p &lt; 0.001) and for CAC grading was substantial and almost perfect (κ 0.68, p &lt; 0.001; κ 0.91, p &lt; 0.001). CAC was observed in 729/1343 (54%), more frequently in males (p &lt; 0.001) and rising age (p &lt; 0.001). A high proportion of patients with CAC in all age groups had no prior statin prescription (range: 42% [80-89] to 100% [&lt;40]). The ‘number needed to report’ CAC presence to potentially impact management across all ages was 2. 689 (51%) patients died (median follow-up 74-months). CAC presence was associated with risk of MI, stroke and all-cause mortality (p &lt; 0.001). After adjusting for confounders, severe calcification predicted risk of all-cause mortality (HR 1.8 [1.2-2.5], p = 0.002). Conclusion: Grading of CAC was reproducible, and although prevalence rose with age, prognostic and treatment implications were maintained in all ages.</p