Results for 'Timothy Andrew Orville Endicott'

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  1.  77
    Vagueness in Law.Timothy Andrew Orville Endicott - 2000 - Oxford University Press.
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  2. Herbert Hart and the Semantic Sting: Timothy A.O. Endicott.Timothy Endicott - 1998 - Legal Theory 4 (3):283-300.
    Even to disagree, we need to understand each other. If I reject what you say without understanding you, we will only have the illusion of a disagreement. You will be asserting one thing and I will be denying another. Even to disagree, we need some agreement.
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  3.  92
    Vagueness and Legal Theory: Timothy A.O. Endicott.Timothy A. O. Endicott - 1997 - Legal Theory 3 (1):37-63.
    The use of vague language in law has important implications for legal theory. Legal philosophers have occasionally grappled with those implications, but they have not come to grips with the characteristic phenomenon of vagueness: the sorites paradox. I discuss the paradox, and claim that it poses problems for some legal theorists. I propose that a good account of vagueness will have three consequences for legal theory: Theories that deny that vagueness in formulations of the law leads to discretion in adjudication (...)
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  4. Vagueness in Law.Timothy Endicott - 2000 - Oxford: Oxford University Press.
    Vagueness leads to indeterminacies in the application of the law in many cases. This book responds to the challenges that those indeterminacies pose to a theory of law and adjudication. The book puts controversies in legal theory in a new light, using arguments in the philosophy of language to offer an explanation of the unclarities that arise in borderline cases for the application of vague expressions. But the author also argues that vagueness is a feature of law, and not merely (...)
     
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  5.  7
    Human Rights and the Executive.Timothy Endicott - 2020 - Jurisprudence 11 (4):597-609.
    Where the law protects human rights, the executive branch of government does well if it complies with the law, and goes wrong if it does not comply. And then you may think that the paradigmatic fun...
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  6.  94
    Law is Necessarily Vague.Timothy Endicott - 2001 - Legal Theory 7 (1):377--83.
    In fact, law is necessarily very vague. So if vagueness is a problem for legal theory, it is a serious problem. The problem has to do with the ideal of the rule of law and with the very idea of law: if vague standards provide no guidance in some cases, how can the life of a community be ruled by law? The problem has long concerned philosophers of law; the papers at this symposium address it afresh by asking what legal (...)
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  7.  58
    Law and Language.Timothy A. O. Endicott - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford: Oxford University Press. pp. 935-968.
    The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds of (...)
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  8.  59
    Putting Interpretation in its Place.Timothy A. O. Endicott - 1994 - Law and Philosophy 13 (4):451 - 479.
    What can a philosophical analysis of the concept of interpretation contribute to legal theory? In his recent book,Interpretation and Legal Theory, Andrei Marmor proposes a complex and ambitious analysis as groundwork for his positivist assault on “interpretive” theories of law and of language. I argue (i) that the crucial element in Marmor's analysis of interpretation is his treatment of Ludwig Wittgenstein's remarks on following rules, and (ii) that a less ambitious analysis of interpretation than Marmor's can take better advantage of (...)
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  9.  30
    Vagueness and Law.Timothy Endicott - 2011 - In Giuseppina Ronzitti (ed.), Vagueness: A Guide. Springer Verlag. pp. 171--191.
    The author argues that vagueness in law is typically extravagant, in the sense that it is possible for two competent users of the language, who understand the facts of each case, to take such different views that there is not even any overlap between the cases that each disputant would identify as borderline. Extravagant vagueness is a necessary feature of legal systems. Some philosophers of law and philosophers of language claim that bivalence is a property of statements in the domains (...)
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  10. Law and Language.Timothy A. O. Endicott - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  11.  37
    The Precautionary Principle in Contemporary Environmental Politics.Timothy O'Riordan & Andrew Jordan - 1995 - Environmental Values 4 (3):191-212.
    In its restless metamorphosis, the environmental movement captures ideas and transforms them into principles, guidelines and points of leverage. Sustainability is one such idea, now being reinterpreted in the aftermath of the 1992 Rio Conference. So too is the precautionary principle. Like sustainability, the precautionary principle is neither a well defined principle nor a stable concept. It has become the repository for a jumble of adventurous beliefs that challenge the status quo of political power, ideology and civil rights. Neither concept (...)
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  12.  41
    The Impossibility of the Rule of Law.Timothy A. O. Endicott - 1999 - Oxford Journal of Legal Studies 19 (1):1-18.
    No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate every aspect of the life of a community. It may seem that the ideal can never be achieved because of these features of legal practice. But I (...)
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  13.  15
    Interpretation, Jurisdiction, and the Authority of Law.Timothy Endicott - 2007 - American Philosophical Association Newsletter 6:14-19.
    People can be autonomous, if they are subject to authority. In particular, they can be autonomous if they are subject to the authority of law. I defend the first claim through a study of Joseph Raz's compelling account of authority; I claim that his work leads to the conclusion that autonomous judgment is needed to determine the jurisdiction of an authority, and to interpret its directives. I defend the second claim by arguing that law does not claim unlimited jurisdiction, and (...)
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  14.  67
    Are There Any Rules?Timothy Endicott - 2001 - The Journal of Ethics 5 (3):199-219.
    Widespread, deep controversy as to the content of the law of a community is compatible with the view that the law is a system of rules. I defend that view through a critique of Ronald Dworkin's discussion of Riggs v. Palmer 22 N.E. 188. Dworkin raised an important challenge for jurisprudence: to account for the fact that legal rights and duties are frequently controversial. I offer an explanation of the possibility of deep disagreement about the application of social rules, which (...)
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  15.  68
    Autism, Empathy and Questions of Moral Agency.Timothy Krahn & Andrew Fenton - 2009 - Journal for the Theory of Social Behaviour 39 (2):145-166.
    In moral psychology, it has long been argued that empathy is a necessary capacity of both properly developing moral agents and developed moral agency . This view stands in tension with the belief that some individuals diagnosed with autism—which is typically characterized as a deficiency in social reciprocity —are moral agents. In this paper we propose to explore this tension and perhaps trouble how we commonly see those with autism. To make this task manageable, we will consider whether high functioning (...)
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  16.  16
    Adjudication and the Law.Timothy Endicott - 2007 - Oxford Journal of Legal Studies 27 (2):311-326.
    It can be compatible with justice and the rule of law for a court to impose new legal liabilities retrospectively on a defendant. But judges do not need to distinguish between imposing a new liability, and giving effect to a liability that the defendant had at the time of the events in dispute. The distinction is to be drawn by asking which of the court's reasons for decision the institutions of the legal system had already committed the courts to act (...)
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  17.  10
    Linguistic indeterminancy.Timothy A. O. Endicott - 1996 - Oxford Journal of Legal Studies 16 (4):667-698.
    This article addresses the claim that language (and therefore law) is radically indeterminate: that no question of the meaning or application of a linguistic expression has a single right answer. I conclude not only that the claim is wrong, but that, in spite of appearances, no one actually makes it. The allegations of radical indeterminacy made by various legal sceptics dissolve into reminders of the widespread vagueness of legal language, reminders of the importance of context, or reminders of the possibility (...)
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  18. Properties of Law: Essays in Honour of Jim Harris.Timothy Endicott, Joshua Getzler & Edwin Peel (eds.) - 2006 - Oxford University Press.
    This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.
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  19.  51
    Morality and the Making of Law: Four Questions.Timothy Endicott - 2010 - Jurisprudence 1 (2):267-275.
    I address four questions that arise out of Nigel Simmonds's book, Law as a Moral Idea : Is politics a moral idea too? Is there any such thing as law making? Is there a right answer to every legal dispute? What justifies a judicial decision? To each question I propose an answer that shares much with Simmonds's views, but diverges. Simmonds is right to call law a 'moral idea', and that implies a connection between law and a moral ideal; in (...)
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  20. The Reason of the Law.Timothy Endicott - 2003 - American Journal of Jurisprudence 48 (1):83-106.
    Moral premises are required in sound reasoning to the conclusion that a community does or does not (more or less) attain the rule of law. Those moral premises include, for example, the principle that judges should act with comity toward executive agencies. A failure in that moral requirement of comity is a failure to attain the rule of law. Because the ideal of the rule of law necessarily has a moral content, there is a necessary connection between law and morality– (...)
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  21.  12
    El principio de precaución en la política ambiental contemporánea.Timothy O'Riordan & Andrew Jordan - 1995 - Environmental Values 4 (3):191-212.
    In its restless metamorphosis, the environmental movement captures ideas and transforms them into principles, guidelines and points of leverage. Sustainability is one such idea, now being reinterpreted in the aftermath of the 1992 Rio Conference. So too is the precautionary principle. Like sustainability, the precautionary principle is neither a well defined principle nor a stable concept. It has become the repository for a jumble of adventurous beliefs that challenge the status quo of political power, ideology and civil rights. Neither concept (...)
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  22. Vagueness in Law.Timothy A. O. Endicott - 2001 - Oxford University Press UK.
    Vagueness in law leads to indeterminacies in legal rights and obligations in many cases. The book defends that claim and explains its implications for legal theory. Vague language is the book's focus, but vagueness is not merely a linguistic feature of law. Law is necessarily vague. That fact seems to threaten the coherence of the ideal of the rule of law. The book defends a new, coherent articulation of that ideal.
     
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  23.  14
    Authentic Interpretation.Timothy Endicott - 2020 - Ratio Juris 33 (1):6-23.
    I approach the identification of the principles of legal interpretation through a discussion of an important but largely forgotten strand in our legal heritage: the idea (and at some points in English law, the rule) that the interpretation of legislation is to be done by the law maker. The idea that authentic interpretation is interpretation by the law maker united the Roman Emperors Constantine and Justinian with Bracton, Aquinas, King James I of England, Hobbes, and Bentham. Already in the early (...)
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  24.  5
    Timothy Endicott.Airey Immediate - 2012 - In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge.
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  25. Linguistic Indeterminacy.Endicott Timothy Ao - 1996 - Oxford Journal of Legal Studies 16 (4).
     
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  26. Novel Neurotechnologies in Film—A Reading of Steven Spielberg’s Minority Report.Timothy Krahn, Andrew Fenton & Letitia Meynell - 2010 - Neuroethics 3 (1):73-88.
    The portrayal of novel neurotechnologies in Steven Spielberg’s Minority Report serves to inoculate viewers from important moral considerations that are displaced by the film’s somewhat singular emphasis on the question of how to reintroduce freedom of choice into an otherwise technology driven world. This sets up a crisis mentality and presents a false dilemma regarding the appropriate use, and regulation, of neurotechnologies. On the one hand, it seems that centralized power is required to both control and effectively implement such technologies (...)
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  27. The Logic of Freedom and Power.Timothy Endicott - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford: Oxford University Press. pp. 245-259.
    A state is sovereign if it has complete power within a political community, and complete independence. It may seem that the idea of sovereignty is objectionable because of two moral principles, or incoherent because of a paradox. The paradox is that a sovereign state must be capable of binding itself and must also be incapable of binding itself. The moral principles are that no state can justly exercise complete power internally, or complete independence (since complete independence would imply freedom from (...)
     
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  28.  10
    Nurses' Risk Without Using Smart Pumps.Andrew D. Harding, Mark W. Connolly & Timothy O. Wilkerson - 2011 - Jona's Healthcare Law, Ethics, and Regulation 13 (1):17-20.
  29.  10
    Contingency, Contiguity, and Causality in Conditioning: Applying Information Theory and Weber’s Law to the Assignment of Credit Problem.C. R. Gallistel, Andrew R. Craig & Timothy A. Shahan - 2019 - Psychological Review 126 (5):761-773.
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  30.  36
    The Wheels Keep Turning.Timothy J. Andrews, Dale Purves, William A. Simpson & Rufin VanRullen - 2005 - Trends in Cognitive Sciences 9 (12):560-561.
  31.  8
    Interrogating the Boundary of Human-Level and T Moral Status.Andrew Fenton & Timothy Krahn - 2010 - American Journal of Bioethics Neuroscience 1 (2):61-63.
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  32.  33
    Who's to Regret, What's to Regret?Andrew Fenton & Timothy Krahn - 2008 - American Journal of Bioethics 8 (2):42 – 43.
  33. Binocular Rivalry and Visual Awareness.Timothy J. Andrews - 2001 - Trends in Cognitive Sciences 5 (10):407-409.
    Physiological studies of binocular rivalry have provided important clues to the relationship between neural activity in the brain and visual awareness.However, uncertainty about these insights has been raised by a recent study showing that the events underlying binocular rivalry occur earlier in the visual pathway than was previously thought.
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  34. Herbert Hart and the Semantic Sting.Timothy Endicott - 2001 - In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. Oxford University Press.
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  35.  57
    How to Speak the Truth.Timothy A. O. Endicott - 2001 - American Journal of Jurisprudence 46 (1):229-248.
    Argues that some important problems in the theory of legal interpretation can be resolved with three techniques that John Finnis used in Natural Law and Natural Rights to address a methodological problem in jurisprudence: (1) The analogy principle: The application of a word such as “friendship” or “law” is not based on a set of features shared by each instance, but is based on similarities of a variety of kinds, seen by the people who use the words as justifying the (...)
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  36.  67
    'International Meaning': Comity in Fundamental Rights Adjudication.Timothy A. O. Endicott - 2002 - International Journal of Refugee Studies 13:280-292.
    In fundamental rights adjudication, should judges defer to the judgment of other decision makers? How can they defer, without betraying the respect that judges ought to accord those rights? How can they refuse to defer, without betraying the respect that judges ought to accord to other decision makers? I argue that only principles of comity justify deference, and their reach is limited. Comity never forbids the judges to take and to act upon a different view of fundamental rights from that (...)
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  37.  10
    Preface.Endicott Timothy - 2001 - Legal Theory 7 (4):369-369.
    Preface to a Symposium on Vagueness and Law at Columbia University Law School on September 24 and 25, 1999. The purpose of the seminar was to provide an opportunity for philosophers of law, philosophers of language, and philosophers of logic to discuss problems about vagueness that are currently under debate in all three areas.
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  38. Raz on Gaps: The Surprising Part.Timothy Endicott - 2003 - In Lukas H. Meyer, Stanley L. Paulson & Thomas W. Pogge (eds.), Rights, Culture and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press.
    In English law, there are various ways in which contracts can be invalid or unenforceable because they are immoral — and yet English lawyers know that many contracts are conclusively binding. The first two sources of legal gaps that Joseph Raz identifies do not seem surprising. Vagueness in the sources of law leads to gaps in borderline cases, and there is a gap if the law includes inconsistent rules, with no way of deciding which is effective. In those situations it (...)
     
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  39.  10
    Symposium: What Aspects of Justice Should Not Be the Law’s Concern?Timothy Endicott & José Maria Sauca Cano - forthcoming - Jurisprudence:1-1.
    We are delighted to present four articles that had their inception in a conference at Universidad Carlos III in Madrid in June 2016 on the question, ‘What aspects of justice should not be the law’s...
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  40. The Infant in the Snow.Timothy Endicott - 2006 - In J. W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.
    Suppose that you are wandering across the tundra, and you find an infant, all alone, in the snow. She is incapable of discourse, and yet she has the same human rights as anyone who is capable of discourse. Those rights do not depend on the practices or conventions of your people, or hers. Human discourse and human conventions play no role in human rights. I elaborate these claims through a critique of J.W. Harris’s groundbreaking analytical account of human rights. I (...)
     
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  41.  16
    The Irony of Law.Timothy Endicott - 2013 - In John Keown & Robert P. George (eds.), Reason, Morality, and Law: The Philosophy of John Finnis. Oxford: Oxford University Press. pp. 327-345.
    John Finnis says that central cases of the concepts of social theory (such as the concept of law) fully instantiate certain characteristic values (which are instantiated in more-or-less watered-down ways in peripheral cases). Yet the instances of some such concepts (such as the concepts of slavery, of tyranny, and of murder) do not instantiate any value. I propose a solution to this puzzle: the central cases of such concepts focally instantiate certain ills. The central case of a concept essential to (...)
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  42.  29
    What Human Rights Are There—If Any—and Why?Timothy Endicott - 2010 - Studies in Christian Ethics 23 (2):172-181.
    Are there human rights to a good such as social welfare, which depends on circumstances, and on the needs of a putative right-holder? Is justice constituted by rights? Does it take belief in God to understand the grounds of human rights? The essay responds to Nicholas Wolterstorff’s answers to these questions.
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  43.  12
    What Use has Approved.Timothy Endicott - 2020 - Ratio 33 (4):220-231.
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  44.  4
    The Impact of Cognitive Aging on Route Learning Rate and the Acquisition of Landmark Knowledge.Christopher Hilton, Andrew Johnson, Timothy J. Slattery, Sebastien Miellet & Jan M. Wiener - 2021 - Cognition 207:104524.
    Aging is accompanied by changes in general cognitive functioning which may impact the learning rate of older adults; however, this is often not controlled for in cognitive aging studies. We investigated the contribution of differences in learning rates to age-related differences in landmark knowledge acquired from route learning. In Experiment 1 we used a standard learning procedure in which participants received a fixed amount of exposure to a route. Consistent with previous research, we found age-related deficits in associative cue and (...)
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  45.  1
    What Aspects of Justice Should Not Be the Law’s Concern?José Maria Sauca Cano & Timothy Endicott - 2020 - Jurisprudence 11 (3):416-416.
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  46. The Extreme Male Brain Theory of Autism and the Potential Adverse Effects for Boys and Girls with Autism.Timothy M. Krahn & Andrew Fenton - 2012 - Journal of Bioethical Inquiry 9 (1):93-103.
    Autism, typically described as a spectrum neurodevelopmental disorder characterized by impairments in verbal ability and social reciprocity as well as obsessive or repetitious behaviours, is currently thought to markedly affect more males than females. Not surprisingly, this encourages a gendered understanding of the Autism Spectrum. Simon Baron-Cohen, a prominent authority in the field of autism research, characterizes the male brain type as biased toward systemizing. In contrast, the female brain type is understood to be biased toward empathizing. Since persons with (...)
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  47. Attitudes Toward the Use of Deception in Psychologically Induced Pain.B. Andrew Lustig, John Coverdale, Timothy Bayer & Elizabeth Chiang - 1993 - IRB: Ethics & Human Research 15 (6):6.
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  48. Review Essay: Mihalis Mentinis On the Novelty of the Zapatista Movement: Mihalis Mentinis, Zapatistas: The Chiapas Revolt and What It Means for Radical Politics. [REVIEW]Timothy Andrews - 2010 - Thesis Eleven 101 (1):121-129.
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  49. Complete Chemical Synthesis, Assembly, and Cloning of a Mycoplasma Genitalium Genome.Daniel Gibson, Benders G., A. Gwynedd, Cynthia Andrews-Pfannkoch, Evgeniya Denisova, Baden-Tillson A., Zaveri Holly, Stockwell Jayshree, B. Timothy, Anushka Brownley, David Thomas, Algire W., A. Mikkel, Chuck Merryman, Lei Young, Vladimir Noskov, Glass N., I. John, J. Craig Venter, Clyde Hutchison, Smith A. & O. Hamilton - 2008 - Science 319 (5867):1215--1220.
    We have synthesized a 582,970-base pair Mycoplasma genitalium genome. This synthetic genome, named M. genitalium JCVI-1.0, contains all the genes of wild-type M. genitalium G37 except MG408, which was disrupted by an antibiotic marker to block pathogenicity and to allow for selection. To identify the genome as synthetic, we inserted "watermarks" at intergenic sites known to tolerate transposon insertions. Overlapping "cassettes" of 5 to 7 kilobases (kb), assembled from chemically synthesized oligonucleotides, were joined by in vitro recombination to produce intermediate (...)
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  50.  1
    A Case for Feedback and Monitoring Assessment in Competency‐Based Medical Education.Rylan Egan, Timothy Chaplin, Adam Szulewski, Heather Braund, Nicholas Cofie, Tamara McColl, Andrew K. Hall, Damon Dagnone, Leah Kelley & Brent Thoma - 2020 - Journal of Evaluation in Clinical Practice 26 (4):1105-1113.
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