Regulating Unfair Practices Under The FTC Act: The Need For a Legal Standard of Unfairness

This article will examine the Commission\u27s past and proposed use of the unfairness theory to justify these trade regulation rules. It is the thesis of this article that the Commission has not defined adequately the parameters of the amorphous statutory term unfair... acts or practices nor analyzed the term sufficiently or consistently in its application to trade regulation rules. By purposefully leaving the unfairness theory vague, the Commission invites judicial reversals of its regulations and legislative limitations on its authority

The Role of Federal Safety Regulations in Products Liability Actions

Product safety is the province of both the regulatory and the tort systems. Each system has come under attack in recent years on both the federal and state levels. Through its regulatory policies, appointments, and budget cuts, the Reagan Administration has weakened the federal regulatory system.\u27 At the same time, the Administration has severely criticized the tort system. State legislatures have enacted a myriad of statutes that weaken the tort system by cutting back on the common-law rights of victims, and additional measures are pending in Congress and in state legislatures across the country.\u27 For the most part, proponents of products liability and tort reform have failed to take into account the interaction between the tort and regulatory systems. These activists have failed to consider the federal government\u27s declining role in safety during the Reagan years and have failed to weigh this factor in assessing the merits of reform proposals.One set of proposed products liability reforms, however, forces an examination of the relationship between the regulatory system and the tort system. These proposals would increase greatly the influence of the federal government over the products liability system by mandating that, under the common law, federally issued product safety standards are conclusive, or at least presumptive, evidence of adequate safety measures. Under this view, a defendant in a products liability action whose product complied with a federal safety standard would be presumed, or found as a matter of law, to have met all requirements of the tort law and would be immune from civil liability

The interactive effect of change in perceived stress and trait anxiety on vagal recovery from cognitive challenge

The present study tested the hypothesis that the change in state negative affect (measured as perceived stress) after cognitive challenge moderates the relationship of trait anxiety and anger to vagal recovery from that challenge. Cardiac vagal control (assessed using heart rate variability) and respiratory rate were measured in a sample of 905 participants from the Midlife in the United States Study. Cognitive challenges consisted of computerized mental arithmetic and Stroop color–word matching tasks. Multiple regression analyses controlling for the effects of the demographic, lifestyle, and medical factors influencing cardiac vagal control showed a significant moderating effect of change in perceived stress on the relationship of trait anxiety to vagal recovery from cognitive challenges (Beta = .253, p = .013). After adjustment for respiratory rate, this effect became marginally significant (Beta = .177, p = .037). In contrast, for the relationship of trait anger to vagal recovery, this effect was not significant either before (Beta = .141, p = .257) or after (Beta = .186, p = .072) adjusting for respiratory rate. Secondary analyses revealed that among the individuals with higher levels of trait anxiety, greater reductions in perceived stress were associated with greater increases in cardiac vagal control after the challenge. In contrast, among the individuals with lower levels of trait anxiety, changes in perceived stress had no impact on vagal recovery. Therefore, change in perceived stress moderates the relationship of trait anxiety, but not trait anger, to vagal recovery from cognitive challenge

Incorporating Breast Cancer Recurrence Events Into Population-Based Cancer Registries Using Medical Claims: Cohort Study.

BACKGROUND: There is a need for automated approaches to incorporate information on cancer recurrence events into population-based cancer registries. OBJECTIVE: The aim of this study is to determine the accuracy of a novel data mining algorithm to extract information from linked registry and medical claims data on the occurrence and timing of second breast cancer events (SBCE). METHODS: We used supervised data from 3092 stage I and II breast cancer cases (with 394 recurrences), diagnosed between 1993 and 2006 inclusive, of patients at Kaiser Permanente Washington and cases in the Puget Sound Cancer Surveillance System. Our goal was to classify each month after primary treatment as pre- versus post-SBCE. The prediction feature set for a given month consisted of registry variables on disease and patient characteristics related to the primary breast cancer event, as well as features based on monthly counts of diagnosis and procedure codes for the current, prior, and future months. A month was classified as post-SBCE if the predicted probability exceeded a probability threshold (PT); the predicted time of the SBCE was taken to be the month of maximum increase in the predicted probability between adjacent months. RESULTS: The Kaplan-Meier net probability of SBCE was 0.25 at 14 years. The month-level receiver operating characteristic curve on test data (20% of the data set) had an area under the curve of 0.986. The person-level predictions (at a monthly PT of 0.5) had a sensitivity of 0.89, a specificity of 0.98, a positive predictive value of 0.85, and a negative predictive value of 0.98. The corresponding median difference between the observed and predicted months of recurrence was 0 and the mean difference was 0.04 months. CONCLUSIONS: Data mining of medical claims holds promise for the streamlining of cancer registry operations to feasibly collect information about second breast cancer events

Heart Rate Recovery After Cognitive Challenge Is Preserved With Age

Objective: To investigate the effect of age on heart rate recovery (HRR) from cognitive challenge. Background: Aging is an independent risk factor for the development of cardiovascular disease. HRR from exercise is an established predictor of cardiac morbidity and mortality, and evidence suggests that HRR from cognitive challenge is predictive of cardiac morbidity as well. Aging is associated with delayed HRR from exercise stress, but little is known about the effect of aging on HRR from psychological stress. We tested the hypothesis that age would be related to delayed HRR from psychological stress. Methods: HRR post exposure to cognitive challenge (mental arithmetic and Stroop) was investigated in a sample of 436 participants aged 35 to 84 years in MIDUS II, a national study of health and well-being. HRR was measured as 1) the amount of change from the stress level; 2) time to recover; and 3) the area under the curve. The analyses were controlled for medical comorbidities and medications that influence HR, such as body mass index, smoking, sex, menopausal status, and amount of physical activity/exercise. Results: There was no effect for age on HRR as evaluated by all three recovery assessment methods. Conclusions: Contrary to expectation and in contrast to findings concerning HRR from exercise, HRR from cognitive challenge was preserved with age. These findings require further inquiry into differential mechanism(s) underlying HRR from psychological versus exercise stress, including any role for improved emotion regulation with greater age