Advancing the Use of HIE Data for Research

2020, Past Issues, Print, Volume 52 (2020) Issue 1 (Spring)
Michael J. Saks, Adela Grando, Chase Millea, & Anita Murcko. Health Information Exchanges (HIEs) are centralized repositories of patients’ health records. The records come from most or all of the providers and health-care organizations within a given region or locale. Used mainly for clinical care, patients’ records can generally be accessed by any of the patients’ health-care providers, care coordinators, or payors, enabling them to see comprehensive and up-to-date health information pertaining to the patient. Patients’ records and HIEs are heavily regulated by federal and state law both to achieve effective flow of information and ensure the privacy and security of the data. That same data could be a remarkable resource for medical researchers to use to improve health and health care. But the data sit unused by researchers. Why?…
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Preventing the Curse of Bigness Through Conglomerate Merger Legislation

2020, Past Issues, Print, Volume 52 (2020) Issue 1 (Spring)
Robert H. Lande & Sandeep Vaheesan. The antitrust laws, as they are presently interpreted, are incapable of blocking most of the very largest corporate mergers. They successfully blocked only three of the seventy-eight largest finalized mergers and acquisitions (defined as the acquired firm being valued at more than $10 billion) that occurred between 2015 and 2019. The antitrust laws also would permit the first trillion-dollar corporation, Apple, to merge with the previously third largest corporation, Exxon/Mobil. In fact, today every U.S. corporation could merge until just ten were left—so long as each owned only 10% of every relevant market. Even though the Congresses that enacted the anti-merger laws did so, among other aims, to limit the political power of corporations, today the federal antitrust agencies and courts interpret these laws…
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Improving the Presentation of Expert Testimony to the Trier of Fact: An Epistemological Insight in Search of an Evidentiary Theory

2020, Past Issues, Print, Volume 52 (2020) Issue 1 (Spring)
Edward J. Imwinkelried. The use of expert testimony at trials is not only widespread; its use also appears to be increasing. In a Rand Corporation study of California trials in courts of general jurisdiction, the researchers found that experts appeared in 86% of the trials; and on average, there were 3.3 experts per trial. A more recent study reported that the average has risen to 4.31 experts per trial. One commentator has asserted that in the United States, trial by jury is evolving into trial by expert. That assertion is hyperbole, but it is undeniable that the quality of expert testimony is now a major determinant of the quality of the outcomes at American trials. Full Article
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The #E-Too Movement: Fighting Back Against Sexual Harassment in Electronic Sports

2020, Past Issues, Print, Volume 52 (2020) Issue 1 (Spring)
John T. Holden, Thomas A. Baker III, & Marc Edelman. Competitive video gaming or esports has captured the attention of hundreds of millions of people across the globe. With that attention has come billions of dollars’ worth of investment and promotion. But, it has also exposed an underlying toxic environment that features widespread sexual and gender harassment. This pervasive culture of harassment threatens to derail the esports industry and mars the promise of gender equity in one of the few competitive “sports” where physical strength, agility and body size do not dictate success. In this Article, we examine the rise of competitive gaming, and provide an in-depth analysis of the pervasive issue of harassment that permeates esports. We then propose a series of tangible reforms that would hold harassers and…
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