In consumer-directed health care, patients will be expected to exert greater control over their spending decisions than before. As consumer-directed care gains market acceptance, courts will inevitably be involved in resolving challenges to the new arrangements. We anticipate that courts will be generally favorable toward consumer-directed care, but the new legal doctrine will not uniformly fav...

This second approach to the doctrine and thinking of Edmund D. Pellegrino presents the basics of the author's proposal to reform medical ethics, based on the rehabilitation of beneficence principle in health care. It describes the research and interest of our bioethicist towards the concept of 'good' of the patient and his four components. Pellegrino's classic concepts of 'healing' and 'help' a...

The long-standing doctrine of deferential review by appellate courts of findings of fact by administrative agencies is seriously flawed for two main reasons. First, the most prominent justification for deference relies on the empirical assumption that first-instance adjudicators are best able to determine the truth because they can directly view witness demeanor. Decades of social science resea...

Drawing an analogy between Wang Yangming’s endeavor to know ethical truth and Descartes’ quest for epistemic certainty, this paper proposes a reading of Wang's doctrine of the unity of knowing and acting to the effect that the doctrine does not express an ethical teaching about how the knowledge that is already acquired is to be related to acting, but an epistemological claim as to how we know ...

Truth-Conditional Pragmatics is the view that the meaning of the sentence in an utterance does not alone yield a truth-conditional content (even after disambiguation and reference fixing); that meaning can be pragmatically supplemented in indefinitely many ways yielding indefinitely many truth conditions. Recanati urges a version of this doctrine. I argue that the prospects for the doctrine are...

According to the essential facilities doctrine, competition law requires an infrastructural monopoly to provide access. Under the ”Bronner criterion”, proposed by the EC Court, the doctrine is only applicable when an infrastructural duopoly is non-viable. This paper uses a simple model to illustrate that, from a welfare point-of-view, the Bronner criterion may provide too little monopoly protec...