cssi/SciSciGPT-SciSciNet huggingface dataset:
FILE SHARING: CREATIVE DESTRUCTION OR JUST PLAIN DESTRUCTION?*

AbstractThe sharing of sound recordings over the Internet is the newest controversy in a long-running battle between copyright owners and copying technologies. In order to provide some context, perspective, and background, this paper examines the short history of file sharing, the longer history of record sales, various explanations for the change in record sales, and some analysis of the economics of copying. Although file sharing has been imperfectly and inconsistently measured, it nevertheless appears to reveal a fairly close linkage between changes in file sharing and changes in record sales. Explanations, other than file sharing, for the recent decline in record sales seem to have little or no support. Because economic theories of the impacts of copying hold out little hope for a benign impact of file sharing, these results should not be surprising. These findings reinforce the econometric results from most of an expanding literature.
Steam, hot air, and small change: Matthew Boulton and the reform of Britain's coinage

This article challenges the claim that Great Britain solved its ‘big problem of small change’ (the problem of keeping decent low-denomination coins in circulation) by embracing Matthew Boulton's steam-based coining technology. Evidence from Great Britain's commercial token episode (1787–97) shows that a successful small change system depended, not on the motive power employed in coining, but on the quality and consistency of coin engravings and on having means for systematically withdrawing worn coins. The Tower Mint failed to solve Great Britain's small change problem, not because its equipment was old-fashioned, but because its policies and constitution were flawed.
Funding Renewable Energy: An Analysis of Renewable Portfolio Standards

Abstract Thirty states have adopted renewable portfolio standards (RPSs) that set targets for renewable energy generation by mandating that electric power utilities obtain a minimum percentage of their power from renewable sources. Our synthetic control (SC) model finds that states with RPSs have experienced increases in electricity prices and decreases in electricity demand relative to non-RPS states with similar economic, political and renewable natural resource characteristics. While both RPS and non-RPS SCs experienced increases in renewable energy generation over the sample time period, we do not find evidence that RPS states have experienced increases in renewable energy generation relative to SCs and weak evidence of emissions reductions.
Tribal Marriages, Same-Sex Unions, and an Interstate Recognition Conundrum

This Article focuses on the reasons for state and federal recognition of Native American polygamous unions and the implications of states’ recognition of these unions for the validity of same-sex marriages across state lines. It discusses some historical Native American domestic relations practices and explains why states recognized certain Native American marital unions that would not have been recognized had they been celebrated locally. This Article also analyzes the significance of the recognition of these unions for the debate surrounding recognition of same-sex unions. The historical treatment of Native American polygamous unions suggests Congress has the power to assure that same-sex couples have the same rights and protections as do different-sex couples as long as their marriages were valid in the domicile at the time of cele-
Determinants of Revenue‐Reporting Practices for Internet Firms*

The financial press and accounting regulators (e.g., the Securities and Exchange Commission and Financial Accounting Standards Board) have expressed concern about pressures on Internet firms to report high levels of revenue. This study verifies the association between market capitalization and revenue, and examines economic factors that potentially influence Internet company managers' decisions to adopt allegedly aggressive revenue-recognition policies. Specifically, we examine factors hypothesized to influence the reporting of advertising barter revenue and grossed-up sales levels. We begin by providing descriptive evidence on the use of barter and grossed-up revenue across Internet sectors. Although common in some sectors, we find that the use of these accounting policies is not pervasive overall. We limit our empirical analyses to Internet companies that have the opportunity to report grossed-up or advertising barter revenue. Our cross-sectional predictions are based on both external and internal incentives to maximize revenues as well as constraints that may limit management's discretion. We predict that the following factors increase the likelihood that a firm will report grossed-up and/or barter revenue: shorter time before needing additional external financing, more active individual investor interest in the firm's stock, more active pursuit of growth via acquisitions, and greater use of stock options in employee compensation. We also posit that barter transactions might be an inexpensive way for firms to evaluate the viability of future marketing or content alliances with potential partners. Finally, we predict that constraints on management discretion are related to the reputation/quality of the firm's auditor and underwriter and the extent of management ownership. We find that firms with greater cash burn rates and higher levels of activity on Motley Fool message boards are consistently associated with barter and grossed-up revenue reporting.
Capital and risk in commercial banking: A comparison of capital and risk-based capital ratios

Abstract Recent changes in U.S. banking regulation have emphasized risk-based capital (RBC) as an indicator of bank soundness. This paper compares the RBC ratio to the standard capital ratio of equity over assets. We regress the capital and RBC ratios of bank holding companies from 1999 through 2010 against two measures of bank risk: the standard deviation of stock returns and the Z-score indicator of bank solvency. We find that the capital and RBC ratios are statistically significant predictors of both measures of risk. Comparing the capital and RBC ratios to each other, however, we find that the capital ratio is statistically significantly better than the RBC ratio as a predictor of risk, especially in the period since the recent financial crisis.
Liquidity and capital structure

Abstract We examine the relation between equity market liquidity and capital structure. We find that firms with more liquid equity have lower leverage and prefer equity financing when raising capital. For example, after sorting firms into size quintiles and then into liquidity quintiles, the average debt-to-asset ratio of the most liquid quintiles is about 38% while the average for the least liquid quintiles is 55%. Similar results are observed in panel analyses with clustered errors and using instrumental variables. Our results are consistent with equity market liquidity lowering the cost of equity and, therefore, inducing a greater reliance on equity financing.
Models of Union Wage Determination: What Have We Learned Since Dunlop and Ross?

This study surveys the development and current status of models of union wage determination since Dunlop and Ross first wrote on the subject in the 1940s. To start, I identify eight empirical dimensions of the union wage effect that models have endeavored to explain and predict. A number of alternative theoretical models are then examined, starting with Dunlop’s “economic” and Ross’ “political” models and extending to the plethora of models and extensions found in the modern-day literature. Examples include standard monopoly, efficient contract, and bargaining models, as well as offshoots such as median voter, insider-outsider, property rights, and principal-agent models. The article then examines the extent to which these various models generate hypotheses and insights apropos to explaining the eight major empirical dimensions of the union wage effect. The conclusion summarizes what has been learned, the major shortcomings of this literature, and steps for further progress.
Bundling occupational safety with harm reduction information as a feasible method for improving police receptiveness to syringe access programs: evidence from three U.S. cities.

Introduction: In light of overwhelming evidence that access to sterile injection equipment reduces incidence of injection-attributable bloodborne disease without encouraging drug use, many localities have authorized sterile syringe access programs (SAPs), including syringe exchange and pharmacy-based initiatives. Even where such interventions are clearly legal, many law enforcement officers are unaware of the public health benefits and legal status of these programs and may continue to treat the possession of injection equipment as illegal and program participation as a marker of illegal behavior. Law enforcement practice can impede SAP utilization and may increase the risk of needlestick injury (NSI) among law enforcement personnel. Many SAPs conduct little or no outreach to law enforcement, in part because they perceive law enforcement actors as unreceptive to health-promotion programs targeting drug users. Case description: We report on a brief training intervention for law enforcement personnel designed to increase officer knowledge of and positive attitudes towards SAPs by bundling content that addresses officer concerns about infectious disease and occupational safety with information about the legality and public health benefits of these programs. Pilot trainings using this bundled curriculum were conducted with approximately 600 officers in three US cities. Discussion and evaluation: Law enforcement officers were generally receptive to receiving information about SAPs through the bundled curriculum. The trainings led to better communication and collaboration between SAP and law enforcement personnel, providing a valuable platform for better harmonization of law enforcement and public health activities targeting injection drug users. Conclusion: The experience in these three cities suggests that a harm reduction training curriculum that bundles strategies for increasing officer occupational safety with information about the legality and public health benefits of SAPs can be well received by law enforcement personnel and can lead to better communication and collaboration between law enforcement and harm reduction actors. Further study is indicated to assess whether such a bundled curriculum is effective in changing officer attitudes and beliefs and reducing health risks to officers and injection drug users, as well as broader benefits to the community at large.
Impossibility, Impracticability, and Frustration

Three fundamental concepts underlie the principles that should govern unexpectedcircumstances cases. (1) A contract consists not only of the writing in which it is partly embodied, but also includes, among other things, certain kinds of tacit assumptions. (2) These assumptions may be either event-centered or magnitude-centered. (3) The problems presented by unexpected-circumstances cases should be viewed in significant part through a remedial lens. The principles that rest on these concepts can be broadly summarized as follows. A shared nonevaluative tacit assumption that a given circumstance will persist, occur, or not occur during the contract time should provide a basis for judicial relief where the assumption would have affected the promisor’s obligations had it been made explicit. If the promisor was neither at fault for the occurrence of the unexpected circumstance, nor in control of the conditions that led to the occurrence, she should not be liable for expectation damages. The promisor should, however, be liable for restitutionary damages, because it would be unjust to allow the promisor to both be excused from performance and retain any benefits that she received under the contract. Alternatively, the promisor should be liable for reliance damages where she is at fault for the creation of the unexpected circumstance, but the fault is minor; where the promisor is in control of the conditions that led to the occurrence of the unexpected circumstances; or where an objective of the contract was to reserve for the promisor the promisee’s time, labor, or productive capacity. A seller should also be entitled to judicial relief if as a result of a dramatic and unexpected rise in her costs, performance would result in a financial loss that is significantly greater than the risk of loss that the parties would reasonably have expected that the seller 1 Koret Professor of Law, University of California at Berkeley; Stephen and Barbara Friedman Visiting Professor of Law, Columbia Law School. A.B. Columbia College 1956, LL.B. Harvard 1959. I thank Shawn Bayern, Robert Cooter, Jesse Fried, Rob MacCoun, Barak Medina, and Ariel Porat for their extremely valuable comments on earlier drafts of this article, and Jennifer Beerline, Alan Galloway, and Elaine Meckenstock for their wonderful comments, editorial assistance, and research assistance. Winter 2009: Volume 1, Number 1 ~ Journal of Legal Analysis ~ 207 208 ~ Eisenberg: Impossibility, Impracticability, and Frustration had undertaken. If, under such circumstances, the market value of the contracted-for commodity has risen in tandem with the seller’s costs, the buyer should be entitled to the profit he would have made if a reasonably foreseeable increase in the seller’s cost of performance, and a corresponding increase in the market value of the commodity, had occurred. In appropriate cases, courts should take into account gains and losses to both parties that proximately resulted from, or were made possible by, the occurrence of the unexpected circumstance.
The effect of target-firm accounting quality on valuation in acquisitions

We examine whether acquisitions are more profitable for acquirers when the firms they target disclose higher-quality accounting information. If accounting information reduces uncertainty in the value of the target firm by facilitating a more precise valuation, we predict that managers of the acquiring firm can bid more effectively and pay less to acquire a target firm that has high-quality accounting information. Using a large sample of acquisitions of public firms from 1990 to 2010, we find evidence consistent with our prediction. Specifically, when target firms have higher-quality accounting information, acquirer returns around the acquisition announcement are higher and target returns are lower—consistent with acquirers capturing a greater portion of acquisition gains by paying less for target firms. These findings, which are robust to a variety of controls and alternative measures of uncertainty and accounting quality, suggest that higher-quality accounting information leads to better bidding decisions in acquisitions.
Deterioration of the Terms of Trade and Capital Accumulation: A Reexamination of the Laursen-Metzler Effect

Abstract This paper analyzes the effect of both a permanent and a temporary deterioration in the terms of trade on a small open economy. The model, based on intertemporal optimization, emphasizes the labor-leisure choice and the role of capital accumulation. The transitional dynamics is shown to depend upon the long-run response of the capital stock to the terms of trade shock. This consists of a negative substitution effect, together with a positive income effect. Whether or not the Laursen-Metzler effect holds depends upon whether the income effect dominates the substitution effect.
Bayesian dose–response analysis for epidemiological studies with complex uncertainty in dose estimation

Most conventional risk analysis methods rely on a single best estimate of exposure per person, which does not allow for adjustment for exposure-related uncertainty. Here, we propose a Bayesian model averaging method to properly quantify the relationship between radiation dose and disease outcomes by accounting for shared and unshared uncertainty in estimated dose. Our Bayesian risk analysis method utilizes multiple realizations of sets (vectors) of doses generated by a two-dimensional Monte Carlo simulation method that properly separates shared and unshared errors in dose estimation. The exposure model used in this work is taken from a study of the risk of thyroid nodules among a cohort of 2376 subjects who were exposed to fallout from nuclear testing in Kazakhstan. We assessed the performance of our method through an extensive series of simulations and comparisons against conventional regression risk analysis methods. When the estimated doses contain relatively small amounts of uncertainty, the Bayesian method using multiple a priori plausible draws of dose vectors gave similar results to the conventional regression-based methods of dose-response analysis. However, when large and complex mixtures of shared and unshared uncertainties are present, the Bayesian method using multiple dose vectors had significantly lower relative bias than conventional regression-based risk analysis methods and better coverage, that is, a markedly increased capability to include the true risk coefficient within the 95% credible interval of the Bayesian-based risk estimate. An evaluation of the dose-response using our method is presented for an epidemiological study of thyroid disease following radiation exposure.
The dark side of creativity: Original thinkers can be more dishonest.

Creativity is a common aspiration for individuals, organizations, and societies. Here, however, we test whether creativity increases dishonesty. We propose that a creative personality and a creative mindset promote individuals' ability to justify their behavior, which, in turn, leads to unethical behavior. In 5 studies, we show that participants with creative personalities tended to cheat more than less creative individuals and that dispositional creativity is a better predictor of unethical behavior than intelligence (Experiment 1). In addition, we find that participants who were primed to think creatively were more likely to behave dishonestly than those in a control condition (Experiment 2) and that greater ability to justify their dishonest behavior explained the link between creativity and increased dishonesty (Experiments 3 and 4). Finally, we demonstrate that dispositional creativity moderates the influence of temporarily priming creativity on dishonest behavior (Experiment 5). The results provide evidence for an association between creativity and dishonesty, thus highlighting a dark side of creativity.
In Search of (Maintaining) the Truth: The Use of Copyright Law by Religious Organizations

Individuals often view copyright law as a tool authors or media conglomerates use to advance their interests. But other entities also use copyright law to benefit themselves. One such entity, upon which this Article focuses, is the religious organization. While religious organizations employ copyright law for a number of reasons, they have two primary motivations for doing so: to censor others and to preserve the purity of their religion’s doctrine. These two motivations steer religious groups into court where their objectives meet the limits of copyright law head on. Before reaching the issues that arise in court, however, this Article lays the groundwork for that discussion, exploring how religious motivations align or conflict with the underlying theories of copyright law. This exploration starts with an explanation of three theories, or justifications, of copyright law. After explicating these theories, they are compared to the religious motivations for seeking copyright. This analysis reveals that religious motivations for pursuing copyright protection conflict with each of these theories’, and thus copyright law’s, underlying principles. Once this groundwork has been laid, the doctrinal questions presented by religious uses of copyright law are analyzed. This analysis focuses on whether various copyright doctrines, such as the merger doctrine and fair use, aid or inhibit the objectives of religious groups seeking copyright protection. After describing and analyzing various copyright doctrines vis-a-vis religious motivations, this Article concludes that copyright law cannot wholly achieve the aims of religious organizations that use copyright law. In sum, the two primary motivations religious organizations have for seeking copyright conflict with copyright law’s underlying purposes and its substantive doctrines. This clash illustrates that religious organizations should not use copyright law to achieve their religious objectives.
Who are Refugees

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all who are unable to meet their basic needs on their own as ‘refugees’, and to extend to them the sorts of protections established under the United Nations Refugee Convention. Such an approach would expand the traditional refugee definition significantly. Unlike most academic commentators discussing this issue, I reject calls for an expanded refugee definition, and instead defend the core elements of the definition set out in the 1967 Protocol to the United Nations Refugee Convention. Using the tools of moral and political philosophy, I explain in this article how the group picked out by this definition has particular characteristics that make refugee protection distinctly appropriate for it. While many people in need of assistance can be helped ‘in place’, in their home countries, or by providing a form of temporary protected status to them, this is not so, I show, of convention refugees. The group picked out by the UN refugee definition is a normatively distinct group to whom we owe particular duties, duties we can only meet by granting them refuge in a safe country. Additionally, there are further practical reasons why a broader refugee definition may lead to problems. Finally, I argue that rejecting the call for a broader definition of refugees will better help us meet our duties to those in need than would an expanded definition.
Corruption as a Violation of International Human Rights: A Reply to Anne Peters

In a recent article, Anne Peters joins a chorus of advocates for the idea of treating corruption as a human rights violation. However, she fails to explain how human rights analysis adds value in this context, especially given the considerable effort required to show that any given corrupt act qualifies as a human rights violation and the sophistication of the existing anti-corruption regime. This Reply argues that human rights analysis plays a valuable role in anti-corruption efforts primarily to the extent it helps to produce information about the incidence and moral significance of corruption.
Reinterpreting Arbitration's Narcotic Effect: An Experimental Study of Learning in Repeated Bargaining

Abstract Field evidence suggests that arbitration increases negotiation dispute rates. We study repeated bargaining in a laboratory to understand the reasons why. Our results represent a reinterpretation of an explanation known as the narcotic effect. The standard interpretation assumes that the probability of dispute without arbitration is constant across negotiations, but field evidence suggests that experienced bargainers have fewer disputes. To properly assess arbitration's impact, we compare bargainer learning with and without arbitration, under otherwise comparable laboratory conditions, and develop a model to measure learning. We find strong evidence that learning occurs in both cases, but is slower with arbitration.Journal of Economic LiteratureClassification Numbers: C78, C92, D77, J52.
Student-Edited Law Reviews Should Continue to Flourish

In this Article, the Author opines that the institution of the student-edited law review could no doubt be improved upon in a number of ways, but the existence of the student-edited journal should be sustained, nurtured, and grown by law school administration and faculty. Helping student-edited law reviews improve and flourish should be part of the mission of teachers, scholars, and lawyers committed to providing a skills-based education, to an intellectual discourse, and to service to the legal community.
Derivatives: A Twenty-First Century Understanding

Derivatives are commonly defined as some variation of the following: financial instruments whose value is derived from the performance of a secondary source such as an underlying bond, commodity, or index. This definition is both over-inclusive and under-inclusive. Thus, not surprisingly, even many policy makers, regulators, and legal analysts misunderstand them. It is important for interested parties such as policy makers to understand derivatives because the types and uses of derivatives have exploded in the last few decades and because these financial instruments can provide both social benefits and cause social harms. This Article presents a framework for understanding modern derivatives by identifying the characteristics that all derivatives share. All derivatives are contracts between two counterparties in which the payoffs to and from each counterparty depend on the outcome of one or more extrinsic, future, uncertain event or metric and in which each counterparty expects (or takes) such outcome to be opposite to that expected (or taken) by the other counterparty. The framework presented in this Article will facilitate the development of more rational and comprehensive derivatives regulations, including (i) those required under the recently enacted Wall Street Reform and Consumer Protection Act of 2010 (the “Dodd-Frank Act”) and (ii) those addressing the particular risks associated with “purely speculative derivatives” (those in which neither party is hedging a pre-existing risk).
OPTIMAL POLICY IN COLLATERAL CONSTRAINED ECONOMIES

This paper examines optimal policy in a macroeconomic model with collateral constraints. Binding collateral constraints yield inefficient competitive equilibrium allocations because they distort the optimal utilization of real resources. I identify the set of policy instruments that can be used by a Ramsey planner to achieve the first-best and the second-best (i.e., constrained planner's) allocations. A system of distortionary taxes on capital and labor income, along with direct lump-sum transfers among borrowers and lenders replicates the first-best outcome. The tax rates correct for the marginal distortions, whereas the direct lump-sum transfers perform income redistributions among the agents. In absence of direct lump-sum transfers, the distortionary taxes have an additional role, i.e., to perform implicit income transfers, and only second-best outcomes are attainable. I also derive the optimal policy in response to real and financial shocks, and show how the policy recommendations differ depending on the set of policy instruments available.
Copyright Protection in the Cable Television Industry: Satellite Retransmission and the Passive Carrier Exemption

The development of the cable television' industry has been fraught with copyright and regulatory problems. The absence of cable copyright liability prior to 1976 created an imbalance in the rights enjoyed by broadcasters, copyright holders and cable operators. These parties hoped that the imbalance would be rectified by the limited copyright liability imposed on cable systems in the Copyright Revision Act of 1976 (Act) and by Federal Communications Commission (FCC or Commission) regulation of cable's use of copyrighted television broadcasts pursuant to the Consensus Agreement of 1972 (Consensus Agreement). Unfortunately this hope has not been fulfilled. Whether copyright liability even exists for retransmission carriers, an important segment of the cable industry, remains unclear. This Note contends that the passive carrier exemption in section section 111(a)(3) of the Copyright Revision Act of 1976 should be strictly construed. Carriers that are not entirely passive should not be protected and therefore should obtain the permission of the copyright holder before retransmitting a copyrighted television broadcast signal. In reaching this conclusion, this Note examines the industry and legal settings of the issue, analyzes the retransmission carrier's copyright liability under the Act, and justifies the imposition of copyright liability on certain carriers on the basis of the language and intent of the Act and broader policy considerations.
Is Justice for One Justice for All? The Dilemma of Public Health Enforcement in an Interconnected World

Few biblical stories capture the American penchant for individualism better than that of David versus Goliath. The American experience is inextricably linked to the celebration of individuals, who, like David, triumph against all odds. Our history and culture are ripe with examples, which we delight in, extolling the one who triumphs against the powerful, and/or the many. In the context of law, our legal system has been profoundly shaped by its promotion and defense of individualism.1 Virtually all aspects of American law are highly affected and shaped by a legal commitment to the principles of individualism.2 The United States Constitution, for instance, is heralded as the linchpin of American jurisprudence. This belief is based largely on the Bill of Rights and its deep commitment to protecting individual liberties. Beyond constitutional law, other fundamental areas of law also manifest a strong tradition of individualism. For example, tort law is rooted in concepts of equity, which demands that the individual who has been wronged be provided with a remedy, often leveling the playing field of life. Clearly, most American lawyers are staunch advocates of a legal system that extols, protects, and empowers the individual, and would clearly view our commitment to personal liberties as the hallmark of American democracy. It can be argued that the essence of this principle is best reflected in American jurisprudence which supports the concept
With Great Power Comes Great Responsibility? The Concept of the Responsibility To Protect Within the Process of International Lawmaking

The concept of the responsibility to protect constitutes the attempt to find an answer to the question of how the international community should react to atrocious human rights violations committed within a state. It has significantly influenced the political discourse, its implications for international law, however, are rather unclear. This Note rejects the prevalent understanding of the responsibility to protect as an emerging norm of customary international law and argues that any attempt to construct the responsibility to protect as an emerging legal norm is misleading. The concept of the responsibility to protect has rather to be integrated into the existing international legal system of the use of force and collective security as it is defined and shaped primarily by the Charter of the United Nations and through the practice of international actors. An analysis of this international legal system in light of the responsibility to protect reveals that the concept is already deeply rooted in international law and does not entail significant changes for the international legal order.
Reviving the Roman Republic; Remembering the Good Old Cause

Quite appropriately, as symposium after symposium has had us look forward into the new millennium, Fordham, firmly anchored in the grand Jesuit tradition of liberal learning, has us looking back. We need to be reminded, as the Fordham Law Review is reminding us, that looking back is not necessarily conservative, much less backward. It is, rather, a prerequisite of radical re-orientation; "radical" is, literally, getting back to roots. The root of "radical," "radix," is the ordinary Latin word for garden variety roots-radishes, for example. This essay takes us back to the Latin roots of radicalism in law and politics. In keeping with the theme of this year's symposium, this article suggests that the most significant development, for both our legal system in general and our legal ethics in particular, has been the founding of the Roman Republic and the subsequent development, through continual revival and revision, of the republican tradition. And this article reminds us that a critical stage in that development, perhaps the most vital in Anglo-American history and law, was the seventeenth-century Commonwealth of England.
The Penguin and the Cartel: Rethinking Antitrust and Innovation Policy for the Age of Commercial Open Source

72 Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif";} This Article untangles the paradox of OS sharing and asks what judges and policymakers can do to help OS reach its full potential. Part II sets the stage by describing the rise of commercial OS over the past ten years. It also profiles a leading commercial OS collaboration (The Eclipse Foundation) and describes the various design issues that face such organizations. Part III examines how companies make investment decisions in OS, closed source ("CS"), and mixed OS/CS markets. Part IV uses these ideas to analyze when OS collaborations should and should not be permitted under the Sherman Act. It argues that OS collaborations can usually write licenses that satisfy the rule of reason. It also proposes two safe harbors in which OS collaborations should be presumed to be procompetitive. Part V examines the antitrust status of so-called "viral" licenses. It argues that very broad licenses (notably GPL) are unnecessarily restrictive and violate the Sherman Act. Part VI reviews how governments can use taxes, grants, and procurement policy to help OS sharing reach its full potential. Finally, Part VII presents a brief conclusion.
Workplace Mythologies and Unemployment Insurance: Exit, Voice and Exhausting All Reasonable Alternatives to Quitting

OF THE UNITED STATES, tbl.674 (2000). 165. See W. Kip Viscusi, Sex Differences in Worker Quitting, 62 REV. ECON. & STATISTICS 388, 396 (1980). 166. Id. 2002] 39 Maranville: Workplace Mythologies and Unemployment Insurance: Exit, Voice and Published by Scholarly Commons at Hofstra Law, 2002
Teaching Comparative Perspectives in the Domestic Constitutional Law Class: A Step-by-Step Primer

Comparative constitutional law has taken off as a popular subject for U.S. law schools in the last decade. Questions have arisen about whether, and how, to integrate such comparative perspectives into domestic constitutional law classes so that all students are exposed to such approaches, not just those who take upper level seminars. This brief essay provides a short step by step description of how to seamlessly integrate comparative perspectives into an American constitutional law survey class. Law professors in other countries can use this method to integrate American or other perspectives. The key is to raise at least one foreign perspective per major course topic. This essay will also demonstrate that foreign law does not have a “liberal” interpretive bias as alleged by some scholars.
Does access to external finance improve productivity? Evidence from a natural experiment

Abstract We study the relation between access to finance and productivity. Our contribution to the literature is a clean identification of a causal effect of access to finance on productivity. Specifically, we exploit an exogenous shift in demand for a product to expose how producers adapt their productivity in the presence of varying levels of access to finance. We use a triple differences testing approach and find that production increases the most over the sample period in areas with relatively strong access to finance, even in comparison with a control group. This result is statistically significant and robust to a variety of controls, alternative variables, and tests. The causal effect of access to finance on productivity that we find speaks to the larger role of finance in economic growth.
Expanding the Protection of Geographical Indications of Origin Under TRIPs: "Old" Debate or "New" Opportunity?

Geographical indications of origin (GIs), their definition, and rationale for protection have historically been the subjects of heated debates in the international community. Fierce defenders of GIs protection, European countries have traditionally advocated that GIs should not be used by unrelated parties because GIs identify the unique qualities, characteristics, and reputation of the products to which they are affixed. To this claim, the United States and other "new world" countries have generally responded by pointing out that many GIs are generic terms on their soil, and, thus, consumers could not be confused as to the origin of the products identified by these terms. The adoption of the Agreement on Trade Related Aspects on Intellectual Property Rights (TRIPS) in 1994 marked an important victory for the European approach by establishing general minimum standards for GI protection for all of its signatories. Distinguishing it from any previous international agreement, TRIPS required all signatories to establish minimal protections for GIs through their national laws and to provide extra protection for GIs that identify wines and spirits. Member countries also had to agree to TRIPS' "build-in agenda" to take part in future negotiations that would expand this enhanced protection. This essay analyzes the issue of GI protection pre- and post-TRIPs and considers whether extension of the protection set forth by TRIPs is desirable for the international community. The recent developments on the debate on GI are explored, particularly for wine and spirits, with an eye to whether the advantages of extending the current protection could outweigh the disadvantages of such an extension. Finding that enhanced GI protection in all areas could be more beneficial than detrimental for economic and agricultural development in most TRIPs countries, this essay suggests that there should be a "reasonable" expansion of the current GI protection among member countries of TRIPs.
An approach to the management of orchards that are vulnerable to attack by invasive species

Orchards are vulnerable to the damaging effects of attacks by invasive species. Therefore, in this paper, we focus on a representative tree in a stylized orchard and show how the theory of discrete time Markov chains can be used to construct a model of this tree that is to be managed in the possible presence of one or more injurious invasive species. Specifically, we accomplish three orchard management related tasks. First, we specify an apposite discrete time Markov chain theoretic model for our representative tree and then we define its one step transition probabilities. Next, given a particular decision rule, we determine the long run fraction of time that the tree under study is unhealthy. Finally, we ascertain the long run fraction of mandatory replacements that occur when the tree under consideration is dead.
Determinants of Defined Contribution Plan Deferral

The purpose of this study was to examine the trend of defined contribution (DC) plan deferrals before and after the Great Recession. The investment principle of “buying when prices are low” suggests that DC plan deferral should increase during years when portfolio returns are low. The sample for this study consisted of eligible DC plan participants in the 2004, 2007, and 2010 Survey of Consumer Finances (SCF). The dependent variable was the elective deferral to the DC plan expressed as a percentage of the maximum amount allowed. The descriptive statistics showed that about half of respondents deferred <20% of their maximum allowable elective deferral, about a quarter of respondents deferred between 20% and 40%, and only a little more than 7% of respondents maximized their DC plan deferral in 2004 and 2007. However, the deferral rates dropped dramatically in 2010. The results of ordered logistic regression showed that respondents who had more education, were in excellent health, had more income, were willing to take investment risk, were allowed to borrow from the DC plan, were allowed to withdraw from the DC plan, and were homeowners without a mortgage were more likely to make a larger deferral to the DC plan. In general, these results were applicable for the time period. The most important implication is that many respondents were contributing relatively small percentages of the amount possible in 2004 and 2007 and that contributions were even lower in 2010. Educators, employers, and financial advisors should help workers understand the importance of participating fully or to the extent possible when making contributions to their DC plans.
Taking Eminent Domain Apart

Part of a symposium on public use, this essay presents an analytic framework for eminent domain that begins by breaking condemnations into two parts: a swap of property for fair market value, and the confiscation of what I term "the uncompensated increment." The uncompensated increment is made up of three distinct components: (1) the increment by which the property owner's subjective value exceeds fair market value; (2) the chance of reaping a surplus from trade (that is, of obtaining an amount larger than one's own true subjective valuation); and (3) the autonomy of choosing for oneself when to sell. Whether government can appropriate this uncompensated increment in a given instance gets to the heart of the public use inquiry. I suggest that the answer to the inquiry can be found in the same unloved and amorphous factors that determine whether other uncompensated appropriations of value amount to regulatory takings. The analytic template of regulatory takings law does a good job of grappling with important features of eminent domain fact patterns such as the degree of market thinness and the potential for political malfunction. The aim of a regulatory takings inquiry is to determine whether compensation is required in order for the government to pursue an objective that is within its legitimate compass. In the eminent domain context, compensation is already being paid; hence, one might think that the application of regulatory takings factors to the uncompensated increment would merely go to the question of whether the level of compensation ought to be adjusted upward. But there is an incommensurability problem that is suggested by the autonomy component of the uncompensated increment. At least in some subset of cases, overriding autonomy with an involuntary sale seems problematic even if the amount of compensation is adjusted upward; the extra dollars, in a sense, are the wrong currency in which to provide "just compensation" for a taking. I will suggest some ways to set the parameters for this autonomy-based constraint on eminent domain, and will also discuss how principles of self-assessment might be employed to overcome the difficulties associated with forced sales in situations where public use is contested.
Lawyers, Clients, and Mediation

That the growth of mediation practice is changing the practice of law is obvious. The inability of many lawyers to understand the conceptual differences between adversarial lawyering and mediation practice strongly suggests the need to develop a theory of "good" representational mediation practice that takes into account competing client interests. On the one hand, lawyers must encourage client voice and participation. At the same time, however, the demands of professionalism require that lawyers guide their clients toward responsible decisionmaking. Representational lawyering in mediation may involve a number of distinct and traditional lawyering functions-- client counseling, negotiation, evaluation and advocacy. In this article, Professor Nolan-Haley focuses primarily on client counseling activities and argues that if mediation client counseling is firmly grounded in a deliberative and problem-solving process, the mediated negotiations that follow will be responsive to clients' real needs and interests. In mediation client counseling, deliberation calls for greater attention to the principle of informed consent. Clients must be informed that deliberative counseling has as its goal, informed decisionmaking, both in the attorney-client relationship and in the mediation process. They should be advised of the roles that both attorney and client will play in it. Clients must also be educated about the mediation process and understand its essential differences from litigation. Finally, clients must have a general knowledge about the relevant law governing their case so that during deliberations they may meaningfully evaluate alternative courses of action. Clients' awareness of their legal rights honors the principle of informed consent. The heart of the deliberative process is the exchange of ideas and debate between attorney and client about ends and means, goals and strategies. In this process of co-deliberation, trust is enhanced and the autonomy of both lawyer and client is honored. Trust, an essential part of all human relationships, provides the foundational structure for the mediation counseling relationship.
Opting out among women with elite education

Whether highly educated women are exiting the labor force to care for their children has generated a great deal of media attention, even though academic studies find little evidence of opting out. This paper shows that female graduates of elite institutions have lower labor market involvement than their counterparts from less selective institutions. Although elite graduates are more likely to earn advanced degrees, marry at later ages, and have higher expected earnings, there is little difference in labor market activity by college selectivity among women without children and women who are not married. But the presence of children is associated with far lower labor market activity among married elite graduates. Most women eventually marry and have children, and the net effect is that labor market activity is on average lower among elite graduates than among those from less selective institutions. The largest gap in labor market activity between graduates of elite institutions and less selective institutions is among MBAs, with married mothers who are graduates of elite institutions 30 percentage points less likely to be employed full-time than graduates of less selective institutions.