Theories of Asbestos Litigation Cost - Why Two Decades of Procedural Reform Have Failed to Reduce Claimants\u27 Expenses

In twenty years of asbestos litigation, procedural reforms at all levels of the civil litigation system have failed to reduce plaintiffs’ attorneys’ fees. The result has been dramatic undercompensation of asbestos tort victims. This paper attempts to explain this remarkable fact using economic methodology. The paper offers three theories: First, that the continuing difficulty of assessing causation in asbestos and other mass tort cases predictably impedes the efforts of procedural reform to reduce costs; second, that changes in defendant and insurer risk attitudes have generated costly litigation; third, that collusion of plaintiffs’ attorneys to maintain prices cannot be ruled out. Each of these theories has some empirical support. Further, regardless of which turns out to be correct, the continuing high costs of civil litigation mean that resolution through the bankruptcy system will predictably harm future claimants, an unfair outcome. In the final assessment, civil procedure reform, the favored mechanism for resolving the asbestos case backlog, cannot achieve its objectives. Rather, reform must take into account substantive law and the motives and incentives of actors in the legal system. Holistic analysis of this type lends support to a comprehensive administrative remedies scheme, which has the best chance of decreasing the costs of compensation

Permutations and foster problems: two puzzles or one?

How are permutation arguments for the inscrutability of reference to be formulated in the context of a Davidsonian truth-theoretic semantics? Davidson (1979) takes these arguments to establish that there are no grounds for favouring a reference scheme that assigns London to ‘Londres’, rather than one that assigns Sydney to that name. We shall see, however, that it is far from clear whether permutation arguments work when set out in the context of the kind of truth-theoretic semantics which Davidson favours. The principle required to make the argument work allows us to resurrect Foster problems against the Davidsonian position. The Foster problems and the permutation inscrutability problems stand or fall together: they are one puzzle, not two

The Collective (A Novel): Part One

The novel in draft, “The Collective,” is the result of an eight-month effort, which began in one of Professor Bruce Machart’s writing workshops at Bridgewater State University, spring of 2016. It sat for a couple of years of minor edits and revisions while I waited for the opportunity to once again work with Professor Machart. What follows is the first of four sections of the novel, book one of four if you will. The first eighty pages of a significantly longer work, this thesis lays the footstones of a dramatic defamiliarization of the Santa Claus myth. I’ve turned everything about the myth around, made it more realistic in terms of working-class environs, attitudes. I’ve brought it into the 21st century, and the years haven’t been kind. The Santa of “The Collective” has outgrown children’s stories

The collective affiliation of community college, commuter and distance education students : developmental math and dropout.

From 1988 to 2006, between 40% and 60% of all first-time community college students are referred to and enroll in at least one developmental education course; some colleges reported as high as 80 percent (e.g. Attewell, Lavin, Domina, & Levey, 2006; Bers & Smith, 1991; Bettinger & Long, 2005; Boughan & Clagett, 1995; Brawer, 1996). More students begin college less prepared in math than any other developmental area (e.g. ACT, 2006, 2007, 2008, 2009; Attewell, Lavin, Domina, & Levey, 2006; Bettinger & Long, 2005; Cartnal, 1999). The purpose of this quantitative study was to examine the relationship between a set of predictor variables and student persistence for persons enrolled at a state-supported two-year community and technical college system. The Collective Affiliation model, based on previous student persistence research in the Tinto tradition, was created and used was in this study specifically for community college, commuter and distance education students. The participants were Kentucky Community and Technical College students enrolled in the developmental math course, MT065, Basic Algebra. The predictor variables were student demographic characteristics, and variables related to work, family and academic factors. The dependent variable was persistence (defined as re-enrollment or the awarding of a credential or transfer). The results revealed academic factors have the greatest influence on persistence. It provides nuances and further insight into developmental education students while calling into question the validity of sociological constructs. Lastly, the study shows how state and local policy can have an impact on student persistence

The Transcriptional Corepressor NAB2 Inhibits NGF-induced Differentiation of PC12 Cells

The PC12 pheochromocytoma cell line responds to NGF by undergoing growth arrest and proceeding to differentiate toward a neuronal phenotype. Among the early genetic events triggered by NGF in PC12 cells are the rapid activation of the zinc finger transcription factor Egr1/NGFI-A, and a slightly delayed induction of NAB2, a corepressor that inhibits Egr1 transcriptional activity. We found that stably transfected PC12 cells expressing high levels of NAB2 do not differentiate, but rather continue to proliferate in response to NGF. Inhibition of PC12 differentiation by NAB2 overexpression was confirmed using two additional experimental approaches, transient transfection, and adenoviral infection. Early events in the NGF signaling cascade, such as activation of MAP kinase and induction of immediate-early genes, were unaltered in the NAB2-overexpressing PC12 cell lines. However, induction of delayed NGF response genes such as TGF-beta 1 and MMP-3 was inhibited. Furthermore, NAB2 overexpression led to downregulation of p21WAF1, a molecule previously shown to play a pivotal role in the ability of PC12 cells to undergo growth arrest and commit to differentiation in response to NGF. Cotransfection with p21WAF1 restored the ability of NAB2-overexpressing PC12 cells to differentiate in response to NGF

Understanding and Supporing Knowledge Work in Everyday Life

Our purpose in writing is two-fold: (1) to introduce this audience to the Writing in Digital Environments (WIDE) Research Center, and (2) to make an argument about the importance of understanding and supporting knowledge work for professional and technical communicators. We are particularly interested in what knowledge (writing) work looks like in multiple contexts—for instance, in civic organizations as well as in corporate organizations— because contemporary social and community contexts are dependent on high-quality knowledge work. This explains our interest in “everyday life.

Generalized Geologic Map for Land-Use Planning: Wayne County, Kentucky

This map is not intended to be used for selecting individual sites. Its purpose is to inform land-use planners, government officials, and the public in a general way about geologic bedrock conditions that affect the selection of sites for various purposes. The properties of thick soils may supercede those of the underlying bedrock and should be considered on a site-to-site basis. At any site, it is important to understand the characteristics of both the soils and the underlying rock

Generalized Geologic Map for Land-Use Planning: Pulaski County, Kentucky

This map is not intended to be used for selecting individual sites. Its purpose is to inform land-use planners, government officials, and the public in a general way about geologic bedrock conditions that affect the selection of sites for various purposes. The properties of thick soils may supercede those of the underlying bedrock and should be considered on a site-to-site basis. At any site, it is important to understand the characteristics of both the soils and the underlying rock

Showcase Panel III: The States and Administrative Law

2018 National Lawyers Convention Transcripts “We live in a system where regulators make the rules, investigate alleged violations of the rules, and then adjudicate those violations before Administrative Law Judges. If the matter ever gets to court, courts generally defer to the agency on questions of law “and fact.” As a result, agencies know that their regulations are unlikely to face challenge and, if they are challenged, will likely be upheld. In this system, critics argue, the predictable result is more and more irrational regulations and enforcement actions. Arizona has first-of-its-kind legislation to “reverse” Chevron and to instruct courts to give no deference to agency decisions on questions of law. On a related note, Arizona also passed the Right to Earn a Living Act, creating a cause of action to challenge occupational licensing decisions under a heightened standard of review. Some contend that the result of this new law has been significant in that regulators are reviewing and improving rules, or repealing them outright, rather than face litigation. Could these measures serve as a model other states and the federal government in reducing the size and scope of, and otherwise improving, the Administrative State?” Speakers:Prof. Nestor Davidson, Albert A. Walsh Chair in Real Estate, Land Use, and Property Law; Faculty Director, Urban Law Center, Fordham University School of Law Prof. Chris Green, Associate Professor of Law and H.L.A. Hart Scholar in Law and Philosophy, University of Mississippi School of Law Prof. Miriam Seifter, Professor of Law, University of Wisconsin Law School Hon. Jeffrey Sutton, United States Court of Appeals, Sixth Circuit Moderator: Hon. Michael Scudder, United States Court of Appeals, Seventh Circuit Credit: The Federalist Society, https://fedsoc.org/conferences/2018-national-lawyers-convention#agenda-item-showcase-panel-iii-the-states-administrative-la

The price of inscrutability

In our reasoning we depend on the stability of language, the fact that its signs do not arbitrarily change in meaning from moment to moment.(Campbell, 1994, p.82) Some philosophers offer arguments contending that ordinary names such as “London” are radically indeterminate in reference. The conclusion of such arguments is that there is no fact of the matter whether “London” refers to a city in the south of England, or whether instead it refers to Sydney, Australia. Some philosophers have even suggested that we accept the conclusion of these arguments. Such a position seems crazy to many; but what exactly goes wrong if one adopts such a view? This paper evaluates the theoretical costs incurred by one who endorses extreme inscrutability of reference (the ‘inscrutabilist’). I show that there is one particular implication of extreme inscrutability which pushes the price of inscrutabilism too high. An extension of the classic ‘permutation’ arguments for extreme inscrutability allow us to establish what I dub ‘extreme indexical inscrutability’. This result, I argue, unacceptably undermines the epistemology of inference. The first half of the paper develops the background of permutation arguments for extreme inscrutability of reference and evaluates some initial attempts to make trouble for the inscrutabilist. Sections 1 and 2 describe the setting of the original permutation arguments for extreme inscrutability. Sections 3 and 4 survey four potential objections to extreme inscrutability of reference, including some recently raised in Vann McGee’s excellent (2005a). Sections 5 sketches how the permutation arguments can be generalized to establish extreme indexical inscrutability; and shows how this contradicts a ‘stability principle’—that our words do not arbitrarily change their reference from one moment to the next—which I claim plays a vital role in the epistemology of inference. The second half of the paper develops in detail the case for thinking that language is stable in the relevant sense. In section 6, I use this distinction to call into question the epistemological relevance of validity of argument types; Kaplan’s treatment of indexical validity partially resolves this worry, but there is a residual problem. In section 7, I argue that stability is exactly what is needed to bridge this final gap, and so secure the relevance of validity to good inferential practice. Section 8 responds to objections to this claim. An appendix to the paper provides formal backing for the results cited in this paper, including a generalization of permutation arguments to the kind of rich setting required for a realistic semantics of natural language.1 Extreme indexical inscrutability results can be proved within this setting. The first half of the paper shows that the inscrutabilist is committed to extreme indexical inscrutability, which implies that language not determinately ‘stable’. The second half of the paper argues that good inference requires stability. The price of inscrutabilism, therefore, is to sever the connection between the validity of argument-forms and inferential practice: and this is too high a price to pay