7 Immunity, 7.9 OSS Nokalva, Inc. v European Space Agency , United States Third Circuit decision, 617 F.3d 756 (3d Cir. 2010)

2016 ◽  
Author(s):  
Boon Kristen
Keyword(s):  
United States ◽  
International Organizations ◽  
European Space Agency ◽  
The United States ◽  
Sovereign State ◽  
Court Of Appeals ◽  
The Third ◽  
State Immunity ◽  
Space Agency ◽  
Over Time

The United States Court of Appeals for the Third Circuit rejected the long-held assumption that international organizations are entitled to absolute immunity under the domestic International Organizations Immunities Act (‘IOIA’). The legal question raised by this case is: does the language of the IOIA allow for the incorporation of subsequent changes to sovereign state immunity thereby conferring a restrictive, not absolute, immunity upon international organizations? The court applied the same concept of restrictive immunity to international organizations as has been developed and applied to sovereign states. This case has important implications for the evolution of immunities of international organizations over time.

Fraud and Abuse: United States ex rel Merena v. SmithKline Beecham Corp.; United States ex rel Spear v. SmithKline Beecham Clinical Lab.; United States ex rel Grossenbacher v. SmithKline Beecham Clinical Lab.

2000 ◽  
Vol 28 (2) ◽  
pp. 191-193 ◽  
Author(s):  
Allyson Behm
Keyword(s):  
United States ◽  
Health Care ◽  
Health Care Providers ◽  
Laboratory Tests ◽  
The United States ◽  
Care Providers ◽  
Individual Analysis ◽  
Court Of Appeals ◽  
The Third ◽  
The Government

The United States Court of Appeals for the Third Circuit held that when quitam relators file a multi-claim complaint under the Fraudulent Claims Act (FCA), their share of the proceeds must be based on an individual analysis of each claim. More importantly, the court held that relators are not entitled to any portion of the settlement of a specific claim if that claim was subject to dismissal under section 3730(e)(4) Relator Merena filed a quitam suit against his employer, SmithKline Beecham (SKB), claiming, among other things, that SKB defrauded the government by billing for laboratory tests that were not performed, paying illegal kickbacks to health care providers, and participating in an “automated chemistry” scheme. Soon thereafter, additional relators filed suit.

A Framework for Multinational Medical Support for the International Space Station: A Model for Exploration

2021 ◽  
Vol 92 (2) ◽  
pp. 129-134
Author(s):  
Charles R. Doarn ◽  
James D. Polk ◽  
Anatoli Grigoriev ◽  
Jean-Marc Comtois ◽  
Kazuhito Shimada ◽  
...  
Keyword(s):  
United States ◽  
International Space Station ◽  
European Space Agency ◽  
Space Station ◽  
The United States ◽  
Medical System ◽  
Medical Support ◽  
International Space ◽  
Space Agency ◽  
Medical Certification

INTRODUCTION: In the 1990s, Canada, member states of the European Space Agency, Japan, the Russian Federation, and the United States entered into an international agreement Concerning Cooperation on the Civil International Space Station. Among the many unique infrastructure challenges, partners were to develop a comprehensive international medical system and related processes to enable crew medical certification and medical support for all phases of missions, in a framework to support a multilateral space program of unprecedented size, scope, and degree of integration. During the Shuttle/Mir Program, physicians and specialized experts from the United States and Russia studied prototype systems and developed and operated collaborative mechanisms. The 1998 NASA Memoranda of Understanding with each of the other four partners established the Multilateral Medial Policy Board, the Multilateral Space Medicine Board, and the Multilateral Medical Operations Panel as medical authority bodies to ensure International Space Station (ISS) crew health and performance. Since 1998, the medical system of the ISS Program has ensured health and excellent performance of the international crewsan essential prerequisite for the construction and operation of the ISSand prevented mission-impacting medical events and adverse health outcomes. As the ISS is completing its second decade of crewed operation, it is prudent to appraise its established medical framework for its utility moving forward in new space exploration initiatives. Not only the ISS Program participants, but other nations and space agencies as well, concomitant with commercial endeavors in human spaceflight, can benefit from this evidence for future human exploration programs.Doarn CR, Polk JD, Grigoriev A, Comtois J-M, Shimada K, Weerts G, Dervay JP, Taddeo TA, Sargsyan A. A framework for multinational medical support for the International Space Station: a model for exploration. Aerosp Med Hum Perform. 2021; 92(2):129134.

Why Do People Migrate?

On the Move ◽  
2016 ◽  
Author(s):  
Filiz Garip
Keyword(s):  
United States ◽  
Rural Communities ◽  
Urban Areas ◽  
The United States ◽  
Family Ties ◽  
Small Minority ◽  
The Third ◽  
Majority Group ◽  
First Time ◽  
Over Time

This chapter provides an overview of the migration field, and a brief review of Mexico–U.S. migration flows up to 1965, the year the analysis here begins. It describes the data and methods that led the author to discover four groups among first-time migrants from Mexico to the United States between 1965 and 2010. The first cluster—mostly uneducated and poor men from rural communities—was the majority in the 1970s but dropped to a small minority by the 1990s. The second cluster—many of them teenage boys from relatively better-off families—peaked in the 1980s, becoming the majority group at that time, but declined consistently in size thereafter. The third cluster—mostly women with family ties to former migrants—was increasing slowly in size until it experienced a sudden spike in the early 1990s. And the fourth cluster—mostly educated men from urban areas—grew persistently over time, grabbing the majority status among all first-time migrants in the early 1990s.

7 Immunity, 7.6 Prewitt Enterprises, Inc. v Org. of Petroleum Exporting Countries , 353 F.3d 916 (11th Cir. 2003)

2016 ◽  
Author(s):  
Boon Kristen
Keyword(s):  
United States ◽  
Member State ◽  
International Organizations ◽  
The United States ◽  
Civil Procedure ◽  
International Organization ◽  
Domestic Court ◽  
Court Of Appeals ◽  
Foreign Law ◽  
Effective Service

This case addresses effective service of process of an international organization by a non-member state. The United States Court of Appeals for the Eleventh Circuit relied upon the Federal Rules of Civil Procedure (FRCP) because the Organization of Petroleum Exporting Countries (OPEC) did not fall within the purview of the International Organizations Immunities Act (IOIA) and no other applicable treaty existed regarding the treatment of the OPEC in a United States domestic court. The decision’s reliance upon FRCP and application of foreign law resulted in the inability of the plaintiffs to bring a claim against the OPEC without its express consent.

Using Computational Fluid Dynamics to Design and Optimize a Novel Endovascular Procedure for Carotid Stenosis Repair

2008 ◽  
Author(s):  
Victoria Yeh ◽  
C. Alberto Figueroa ◽  
Andrea Les ◽  
Jacqueline P. Ho ◽  
Ronald Dalman ◽  
...  
Keyword(s):  
United States ◽  
Fluid Dynamics ◽  
Computational Fluid Dynamics ◽  
Carotid Artery ◽  
Carotid Arteries ◽  
The United States ◽  
The Third ◽  
Cerebral Blood Supply ◽  
The Brain ◽  
Over Time

The carotid arteries, located in both sides of the neck, are critical to supplying oxygenated blood to the brain. Over time, atherosclerotic plaque may accumulate in these vessels, causing them to narrow, which results in a reduced cerebral blood supply. This condition is known as carotid artery stenosis. In addition, small pieces of this plaque may become dislodged and travel to the brain, resulting in a stroke. Seven hundred thousand Americans suffer a stroke in the United States each year, and 150,000 cases are fatal, making it the third leading cause of death in the United States.

scholarly journals Jam v. International Finance Corp.

2019 ◽  
Vol 113 (4) ◽  
pp. 805-811
Author(s):  
Chimène I. Keitner ◽  
Scott Dodson
Keyword(s):  
United States ◽  
Supreme Court ◽  
International Finance ◽  
International Organizations ◽  
The United States ◽  
Executive Branch ◽  
Commercial Activity ◽  
State Immunity ◽  
Foreign State ◽  
Foreign Governments

In Jam v. International Finance Corp., the U.S. Supreme Court held that the International Organizations Immunities Act of 1945 (IOIA) affords international organizations (IOs) the same immunity from suit in U.S. courts that foreign governments currently enjoy under the Foreign Sovereign Immunities Act of 1976 (FSIA), which codifies the restrictive theory of foreign sovereign immunity. The International Finance Corporation (IFC) had argued that the IOIA, which grants international organizations the “‘same immunity’ from suit … ‘as is enjoyed by foreign governments’” (p. 15), should be understood to provide international organizations with absolute immunity, which it argued foreign governments enjoyed prior to the United States’ explicit adoption of the restrictive theory in 1952. Under the restrictive theory, a foreign state is immune from suit for its sovereign acts (acta jure imperii), but not for its commercial acts (acta jure gestionis). By interpreting language in the IOIA as granting the “same immunity” to international organizations as foreign governments enjoy at the time the suit is filed, the Supreme Court aligned the regime for IO immunity with that of foreign state immunity, except in cases where the IO's founding charter provides a different rule or where the executive branch has explicitly limited immunity. It remains to be seen what IO activities are deemed “commercial” under this regime and what types of transactions are found to have a sufficient nexus to the United States to fall within the FSIA's commercial-activity exception.

Meaning of International Order and Evidence on Revisionism

2021 ◽  
pp. 72-115
Author(s):  
Steve Chan ◽  
Huiyun Feng ◽  
Kai He ◽  
Weixing Hu
Keyword(s):  
United States ◽  
Political Economy ◽  
International Organizations ◽  
International Political Economy ◽  
The United States ◽  
International Order ◽  
The Other ◽  
Militarized Disputes ◽  
Over Time ◽  
Multilateral Treaties

“Revisionism” is supposed to mean a rejection of the existing international order. Yet the meaning of international order has been underdeveloped in current research. This chapter delineates this idea, relying on the English school’s writings. It distinguishes the primary and secondary institutions of international order and introduces a collection of indicators to track and measure Chinese and US commitment to two aspects of international order: one that is norm-based and the other that is rule- or institution-based. These indicators encompass these countries’ official pronouncements, their involvement in wars and militarized disputes, their engagement in international political economy, and their participation in international organizations and multilateral treaties. The evidence shows that, contrary to customary depiction, the United States has become more revisionist over time and according to some measures, more so than China.

scholarly journals Author Middle Initial Correction: "Desensitization to Fear-Inducing COVID-19 Health News on Twitter: Observational Study" (Preprint)

2021 ◽  
Author(s):  
Hannah Stevens ◽  
Yoo Jung Oh ◽  
Laramie D Taylor
Keyword(s):  
United States ◽  
The United States ◽  
Emotional Reactions ◽  
Health News ◽  
The Public ◽  
The Third ◽  
Death Toll ◽  
Public Health Officials ◽  
Initial Correction ◽  
Over Time

BACKGROUND As of May 9, 2021, the United States had 32.7 million confirmed cases of COVID-19 (20.7% of confirmed cases worldwide) and 580,000 deaths (17.7% of deaths worldwide). Early on in the pandemic, widespread social, financial, and mental insecurities led to extreme and irrational coping behaviors, such as panic buying. However, despite the consistent spread of COVID-19 transmission, the public began to violate public safety measures as the pandemic got worse. OBJECTIVE In this work, we examine the effect of fear-inducing news articles on people’s expression of anxiety on Twitter. Additionally, we investigate desensitization to fear-inducing health news over time, despite the steadily rising COVID-19 death toll. METHODS This study examined the anxiety levels in news articles (n=1465) and corresponding user tweets containing “COVID,” “COVID-19,” “pandemic,” and “coronavirus” over 11 months, then correlated that information with the death toll of COVID-19 in the United States. RESULTS Overall, tweets that shared links to anxious articles were more likely to be anxious (odds ratio [OR] 2.65, 95% CI 1.58-4.43, P<.001). These odds decreased (OR 0.41, 95% CI 0.2-0.83, P=.01) when the death toll reached the third quartile and fourth quartile (OR 0.42, 95% CI 0.21-0.85, P=.01). However, user tweet anxiety rose rapidly with articles when the death toll was low and then decreased in the third quartile of deaths (OR 0.61, 95% CI 0.37-1.01, P=.06). As predicted, in addition to the increasing death toll being matched by a lower level of article anxiety, the extent to which article anxiety elicited user tweet anxiety decreased when the death count reached the second quartile. CONCLUSIONS The level of anxiety in users’ tweets increased sharply in response to article anxiety early on in the COVID-19 pandemic, but as the casualty count climbed, news articles seemingly lost their ability to elicit anxiety among readers. Desensitization offers an explanation for why the increased threat is not eliciting widespread behavioral compliance with guidance from public health officials. This work investigated how individuals' emotional reactions to news of the COVID-19 pandemic manifest as the death toll increases. Findings suggest individuals became desensitized to the increased COVID-19 threat and their emotional responses were blunted over time.

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