A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination of (...) legal responses to public health emergencies also may involve a horizontal dimension comprising numerous and diverse sectors, such as public health, public and private health care, emergency management, education, law enforcement, the judiciary, and the military.Although responses to many acute health threats can implicate multiple jurisdictions and sectors, the jurisdictional and sectoral dimensions of legal preparedness are complex and may vary substantially by the nature of a threat, its geographic and geopolitical extent, and the operational response demanded. (shrink)

A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination of (...) legal responses to public health emergencies also may involve a horizontal dimension comprising numerous and diverse sectors, such as public health, public and private health care, emergency management, education, law enforcement, the judiciary, and the military.Although responses to many acute health threats can implicate multiple jurisdictions and sectors, the jurisdictional and sectoral dimensions of legal preparedness are complex and may vary substantially by the nature of a threat, its geographic and geopolitical extent, and the operational response demanded. (shrink)

Many have suggested that, unlike the so-called higher-senses, the lower-senses are not capable of providing aesthetic experience. Supporting this is, what I will call, the Transparency-Exteroceptivity Argument, which says that a necessary feature for aesthetic experience is lacking in the case of the lower-senses, namely transparency/exteroceptivity. I argue, contrary to the Transparency-Exteroceptivity Argument, that olfaction can provide transparent access to the properties of particular external objects. I argue that the Transparency-Exteroceptivity Argument relies on a misleading visuocentric and unimodal view of (...) the senses, is guilty of hasty generalization, and should be rejected. (shrink)

Two principal questions lie at the heart of the philosophy of colour perception. First: how do colour experiences represent the world? Second: do colour representations veridically represent the world? This collection of papers closely examines the various ways in which colour experience may represent the world, and the possibilities regarding the veridicality of these representations. As it turns out, close attention to the above two questions illuminates novel ways of approaching the metaphysics of colour and colour experience. Paper one distinguishes (...) different ways in which colour experience can be veridical or erroneous, and uses these distinctions to motivate realist error theories: a new class of theory regarding the perception of colour. Realist error theories say that colour experience is erroneous regarding the location and/or metaphysics of colour, but is generally veridical regarding the instantiation of colour. I argue that realist error theories provide a new approach to certain tensions between our motivated metaphysics for colour and how experience represents the colours. Paper two falls into two parts. In the first part, I argue that extant subject-dependent theories of colour fail to delineate veridical colour experiences from erroneous colour experiences. In part two, I develop novel subject-dependent theories which successfully delineate veridical colour experiences from erroneous colour experiences. I advocate for mono-minimalism: a view which says that colours are subject-dependent properties which range over at least one standard perceiver in at least one standard condition. Paper three focuses on the distinction between steady and unsteady colours. Extant proposals involve positing that steady colours are subject-independent and unsteady colours are subject-dependent. I argue that the subject-dependent theorist can explain the metaphysical difference between steady and unsteady colours in wholly subject-dependent terms. We can say that steady and unsteady colours are both subject-dependent properties, but steady colours range over a broader range of perceptual conditions compared to unsteady colours. I argue that this bifurcation in the scope of the colours is consistent with the mono-minimalist theory of colour proposed in paper two. (shrink)

Beginning with the seminal work by Williams and Nagel, moral philosophers have used auto accident hypotheticals to illustrate the phenomenon of moral luck. Moral luck is present in the hypotheticals because two equally careless drivers are assessed differently because only one of them caused an accident. This Article considers whether these philosophical discussions might contribute to the public policy debate over compensation for auto accidents. Using liability and insurance practices in the United States as an illustrative example, the Article explains (...) that auto liability insurance substantially mitigates moral luck and argues that, as a result, the moral luck literature is unlikely to make a significant contribution to this public policy debate. The debate would benefit more from philosophical analysis of victims’ luck, which is not as substantially mitigated by liability insurance. (shrink)

Over fifteen years after first reporting to the State of New York, the Harvard Medical Practice Study continues to have a significant impact in medical malpractice policy debates. In those debates the HMPS has come to stand for four main propositions. First, “medical injury… accounts for more deaths than all other kinds of accidents combined” and “more than a quarter of those were caused by substandard care.” Second, the vast majority of people who are injured as result of substandard care (...) do not file a claim. Third, “a substantial majority of malpractice claims filed are not based on provider carelessness or even iatrogenic injury.” Fourth, “whether negligence or a medical injury had occurred… bore little relation to the outcome of the claims.”Medical malpractice researchers have long known that the HMPS provides far stronger support for the first two of these propositions than for the last two; the HMPS was not designed or powered to reach strong conclusions about the validity of medical malpractice claims. (shrink)

Over fifteen years after first reporting to the State of New York, the Harvard Medical Practice Study continues to have a significant impact in medical malpractice policy debates. In those debates the HMPS has come to stand for four main propositions. First, “medical injury… accounts for more deaths than all other kinds of accidents combined” and “more than a quarter of those were caused by substandard care.” Second, the vast majority of people who are injured as result of substandard care (...) do not file a claim. Third, “a substantial majority of malpractice claims filed are not based on provider carelessness or even iatrogenic injury.” Fourth, “whether negligence or a medical injury had occurred… bore little relation to the outcome of the claims.”Medical malpractice researchers have long known that the HMPS provides far stronger support for the first two of these propositions than for the last two; the HMPS was not designed or powered to reach strong conclusions about the validity of medical malpractice claims. (shrink)

Explicitly utopian novels are relatively uncommon in twentieth-century Scottish fiction, perhaps due to a prevailing conception of Scottish literature as inherently peripheral; for many critics and authors, Scotland is already a place outside the mainstream of political and historical narrative. Utopian themes and imagery, however, have frequently been used by Scottish writers to address the role of religious experience in contemporary life. In novels by Robin Jenkins, Neil M. Gunn, Alasdair Gray, and Iain M. Banks, the utopian form presents the (...) possibility of abandoning traditional religious practices in favor of direct discourse with the divine. Even as they appear to repudiate organized religion, these novels also demonstrate the continued relevance of God and myth. Whether in outright science fiction such as Banks’s Culture series and portions of Gray’s “Lanark,” classical utopias such as Gunn’s “The Green Isle of the Great Deep,” or ostensibly realist novels such as Jenkins’s “The Missionaries,” utopian imagery is used to examine what role the divine might have in a secular society. These Scottish utopias offer a place to discuss the relationships between individuals, communities, and nations and how these relationships are reconstituted in a modernity where God is known only as absence. (shrink)