Falsifying falsificationist legal theory - a refutation of Bernhard Schlink’s “interpretations as hypotheses”

A number of attempts have been made to conceptualise legal reasoning along falsificationist lines. This paper criticises a recent one by Bernhard Schlink. After familiarising the reader with falsificationism, I argue that falsificationism is premised on an epistemological asymmetry between singular observation statements and universal hypotheses, and that absent such an asymmetry in the context of statutory interpretation, framing jurisprudence in falsificationist terms is unwarranted and misleading. To get off the ground, legal falsificationism would need to combine with some kind of broadly intuitionist moral cognitivism, but even then, it would still misrepresent what is going on in legal reasoning. The arguments in this paper apply mutatis mutandis to all falsificationist theories of legal and ethical reasoning. I point to some by Albert, Canaris and Larenz

Influence of gender of physicians and patients on guideline‐recommended treatment of chronic heart failure in a cross‐sectional study

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/102645/1/ejhfhfp052.pd

Outcome bias in self-evaluations: Quasi-experimental field evidence from Swiss driving license exams

Exploiting a quasi-experimental field setting, we examine whether people are outcome biased when self-evaluating their past decisions. Using data from Swiss driving license exams, we find that candidates who narrowly passed the theoretical driving exam are significantly less likely to pass the subsequent practical driving exam – which is taken several months after the theoretical exam – than those who narrowly failed. Those candidates who passed the theoretical exam on their first attempt receive more objections regarding their momentary, on-the-spot decisions in the practical exam, consistent with the idea that the underlying behavioral difference is worse preparation

Are Expectations Misled by Chance? Quasi-Experimental Evidence from Financial Analysts

We examine whether finance professionals deviate from Bayes’ theorem on the processing of nondiagnostic information when forecasting quarterly earnings. Using field data from sell-side financial analysts and employing a regression discontinuity design, we find that analysts whose forecasts have barely been met become increasingly optimistic relative to when their forecasts have barely been missed. This result is consistent with an update of analysts’ expectations after observing uninformative performance signals. Our results also suggest that this behavior leads to significantly worse forecasting accuracy in the subsequent quarter. We contribute to the literature by providing important field evidence of expectation formation under uninformative signals

Security and Privacy of Personal Health Records in Cloud Computing Environments – An Experimental Exploration of the Impact of Storage Solutions and Data Breaches

In the course of the digitization in healthcare, the collection and central storage of large health-related datasets in clouds in the form of personal health records is growing. However, the use of cloud services for sensitive data is associated with security and privacy risks. Further, the delegation of control over security and privacy measures to the cloud provider requires trust on the users’ side. In order to investigate the role of security and privacy when storing and processing patient data, we conducted an online experiment, in which third-party cloud services are compared to private on-premise data centers. Additionally, we examine the impact of data breaches on the perceived security, privacy, control and trust in both storage scenarios. Our results indicate that cloud-based personal health records still face concerns regarding perceived security, privacy, control and trust amongst end-users. Nevertheless, after a data breach, no significant differences between both solutions exist

May Bad Luck Be Without You: The Effect of CEO Luck on Strategic Risk-taking

We investigate how luck, namely, changes in a firm's performance beyond the CEO's control, affects strategic risk-taking. Fusing upper echelons theory with insights from psychology and behavioral strategy research, we hypothesize that there is a positive association between luck and strategic risk-taking and that this effect is stronger for bad luck than for good luck. We further argue that these effects vary depending on whether CEOs have experienced negative events earlier in their professional careers. Measuring luck as the exogenous component of recent firm performance, we show empirically that CEOs react to bad luck by adopting more conservative risk-taking policies while showing no reactions to good luck. This effect predictably varies with the strength of bad luck signals, and it is stronger for CEOs who have experienced negative events during their professional careers. We contribute to the literature by providing the first evidence on the role of luck in corporate strategic risk-taking

Replication: Do coaches stick with what barely worked? Evidence of outcome bias in sports

We replicate the finding of Lefgren et al. (2015) showing that professional basketball coaches in the NBA discontinuously change their starting lineup more often after narrow losses than after narrow wins. This result is consistent with outcome bias because such narrow outcomes are conditionally uninformative. As our paper shows, this pattern is not restricted to the NBA; we also find evidence of outcome bias in the top women’s professional basketball league and college basketball. Finally, we show that outcome bias in coaching decisions generalizes to the National Football League (NFL). We conclude that outcome bias is credible and robust, although it has weakened over time in some instances

The human coronary collateral circulation: development and clinical importance

Coronary collaterals are an alternative source of blood supply to myocardium jeopardized by ischaemia. In comparison with other species, the human coronary collateral circulation is very well developed. Among individuals without coronary artery disease (CAD), there are preformed collateral arteries preventing myocardial ischaemia during a brief vascular occlusion in 20-25%. Determinants of such anastomoses are low heart rate and the absence of systemic arterial hypertension. In patients with CAD, collateral arteries preventing myocardial ischaemia during a brief occlusion are present in every third individual. Collateral flow sufficient to prevent myocardial ischaemia during coronary occlusion amounts to one-fifth to one-fourth the normal flow through the open vessel. Myocardial infarct size, the most important prognostic determinant after such an event, is the product of coronary artery occlusion time, area at risk for infarction, and the inverse of collateral supply. Well-developed coronary collateral arteries in patients with CAD mitigate myocardial infarcts and improve survival. Approximately one-fifth of patients with CAD cannot be revascularized by percutaneous coronary intervention or coronary artery bypass grafting. Therapeutic promotion of collateral growth is a valuable treatment strategy in those patients. It should aim at growth of large conductive collateral arteries (arteriogenesis). Potential arteriogenic approaches include the treatment with granulocyte colony-stimulating factor, physical exercise training, and external counterpulsatio