cssi/SciSciGPT-SciSciNet huggingface dataset:
Two Conceptions of Collectivity

This paper distinguishes two conceptions of collectivity, each of which tracks the targets of classification according to their aetiology. Collectivities falling under the first conception are founded on (more-or-less) explicit negotiations amongst the members who are known to one another personally. Collectivities falling under the second (philosophically neglected) conception are founded – at least initially – purely upon a shared conception of "we", very often in the absence of prior acquaintance and personal interaction. The paper argues that neglect of collectivities of the second kind renders certain social phenomena (for example, sense of place and certain kinds of conflicted loyalty) inexplicable or invisible. And the paper also stresses that a conception referring to the second kind of collectivity will put us in position to revitalize a variety of important questions, including: Which conception of collectivity best serves the needs of a theory of justice? The paper will contrast the distinction between these two conceptions with the classical Gemeinschaft/Gesellschaft distinction, as well as with the more recent attempts to articulate differences between groups according to membership-structuring norms.
State constitutional failure

With the economic and political conditions of state governments in free fall, attention has turned to major structural deficits in the processes of state governance. Although the prospects for systematic state constitutional reform in light of these grim circumstances have brightened, the focus and strategy of this reform is often fuzzy and incoherent. This article returns to some fundamental aspects of constitutional government in the contemporary American states in order to help shape the direction of constitutional reform. With reference to specific examples of constitutional architecture, I explore the question of how we assess state constitutional failure and how, on the basis of this assessment, we can best undertake structural, institutional, and doctrinal reform.
Using patent citation patterns to infer innovation market competition

Abstract We propose an empirical strategy to estimate competition in innovation markets. Our method relates firms’ market return on equity to information about patent citation patterns. Two innovations are implemented in the methodology. First is the application of daily abnormal stock returns rather than annual measures of Tobin's q. Second is the creation of citation patterns related to the area of science a firm patents in as represented by the detailed patent classification system. We find that markets positively reward firms when patents are granted. We further find that firm's market value increases when its patent portfolio is cited. We find evidence of competition in innovation markets. The market reacts at the time that the citation occurs and does not anticipate future citations at the time of patenting. Holding this effect constant, we find that citations from patents in the same area of science tend to reduce market value. We interpret these findings as consistent with more citations indicating more valuable intellectual property but citations from competing technologies decreasing it.
Modeling Growth Stocks via Size Distribution

The inability to predict the earnings of growth stocks, such as biotechnology and internet stocks, leads to the high volatility of share prices and di±culty in applying the traditional valuation methods. This paper attempts to demonstrate that the high volatility of share prices can nevertheless be used in building a model that leads to a particular size distribution, which can then be applied to price a growth stock relative to its peers. The model focuses on both transient and steady state behavior of the market capitalization of the stock, which in turn is modeled as a birth-death process. In addition, the model gives an explanation to an empirical observation that the market capitalization of internet stocks tends to be a power function of their relative ranks.
Pulsar timing array observations of gravitational wave source timing parallax

Pulsar timing arrays (PTAs) act to detect gravitational waves by observing the small, correlated effect the waves have on pulse arrival times at the Earth. This effect has conventionally been evaluated assuming the gravitational wave phase fronts are planar across the array, an assumption that is valid only for sources at distances R >> 2πL 2 /λ, where L is physical extent of the array and λ is the radiation wavelength. In the case of PTAs, the array size is of the order of the pulsar-Earth distance (kpc) and λ is of the order of parsec. Correspondingly, for point gravitational wave sources closer than ~100 Mpc, the PTA response is sensitive to the source parallax across the pulsar-Earth baseline. Here, we evaluate the PTA response to gravitational wave point sources including the important wavefront curvature effects. Taking the wavefront curvature into account, the relative amplitude and phase of the timing residuals associated with a collection of pulsars allow us to measure the distance to, and the sky position of, the source.
Real Rigidities and the Non-Neutrality of Money

Rigidities in real prices are not sufficient to create rigidities in nominal prices and real effects of nominal shocks. And, by themselves, small frictions in nominal adjustment, such as costs of changing prices, create only small non-neutralities. But this paper shows that substantial nominal rigidity can arise from a combination of real rigidities and small nominal frictions. The paper shows the connection between real and nominal rigidity given the presence of nominal frictions both in general and for two specific sources of real rigidity, one arising from goods market imperfections and the other from labour market imperfections.
Challenging political boundaries in post-conflict states

Within the growing literature on participatory constitution making in post-conflict or transitional societies there has been insufficient analysis of issues related to institutional and procedural design. This literature makes normative and instrumental claims about the benefits of participatory constitution making without analyzing the relationship between institutional and procedural design decisions and the quality and quantity of citizen participation. It is my contention that just as there are a variety of electoral systems that reward and penalize different types of electoral behavior; there are different types of participatory systems and they differ in their capacity to facilitate or frustrate citizen participation. This paper introduces the concepts external and internal participatory systems to assist in analyzing the different types of participatory systems used to draft constitutions in post-conflict states. This binary provides a mechanism for identifying the institutions and procedures that are most effective in achieving the normative and instrumental goals of participatory constitution making. Based on the case study of gender equity advocates in Rwanda, I argue that citizens must engage in sustained collective action to participate effectively in external participatory systems. Only those individuals who mobilize, obtain influential allies, and implement an effective framing strategy are able to make substantive contributions to the constitution making process in such a system. These factors increase the likelihood that comments and recommendations offered by citizens will be reviewed and seriously considered. Rather than opening the floodgates to democratic governance, external participatory systems provide narrow political opportunities that a limited segment of the population is able to utilize effectively.
Competition and Comity in the Fragmentation of International Law

The international legal system encompasses a variety of legal norms, but the perceived increase in "fragmentation" of these norms has recently been seen as a problem for the system as a whole. Consequently, many writers have suggested forms of increased comity among international tribunals in order to combat the problems associated with fragmentation; indeed, locating harmonies among international legal regimes within a coherent international legal system appears to be the dominant trend. Yet these perspectives dismiss, or at the very least, largely overlook, the benefits of competition among international tribunals.Fragmenting norms could provide opportunities for better norms, particularly since differing legal traditions bring differing norms to adjudication, all of which may have their relative strengths. This continual updating of law and legal dispute resolution is healthy for the law to maintain legitimacy while keeping up with social change. How popular courts weigh the need for equality, the right to a hearing, and so on might suggest a balance among principles that is the most just approach. Other tribunals may look to the decisions of more popular fora as examples of justice, and reform themselves and their image appropriately. Thus, increased competition may increase the diversity of legal norms and the legitimacy of the norms applied. Any objection to the beneficial role of fragmentation is based on one's conception of justice and whether justice can be a democratic and competitive preference. If international tribunals are created by States in order to do justice among them, then being recognized as the most attractive forum is evidence that a particular tribunal may have a better appreciation for justice. Fragmentation may not be a problem to be solved, but rather, a sign that the international legal system needs to consider a variety of legal norms. As society's definition of justice evolves, so do many tribunals, not necessarily towards a top-down, constitutionalized, hierarchical system overseeing a coherent, unitary international legal order, or for that matter towards a network of friendly, lending, and borrowing professionals. Instead, they may affirm a bottom-up, vigorous system where different legal actors compete for the best realization of justice.
Divestitures and Divisional Investment Policies

We study a sample of diversified firms that alter their organizational structure by divesting a business segment. These firms experience a reduction in the diversification discount after the divestiture. We show that the efficiency of segment investment increases substantially following the divestiture and that this improvement is associated with a decrease in the diversification discount. Our results support the corporate focus and financing hypotheses for corporate divestitures. We demonstrate that inefficient investment is partly responsible for the diversification discount and show that asset sales lead to an improvement in the efficiency of investment for remaining divisions.
Rethinking Space, Rethinking Rights: Literature, Law, Science

Does the radius of the "interdisciplinary" extend so far as to encompass literature, law, and science? Do these three fields meet in any meaningful ways, in ways that bear on all three, clarifying the claims, the limits, and the premises of each? In answering "yes," this essay argues, not for a necessary, determinate relation between these fields, but for a dynamic continuum evolving through them, tracing a deeprooted genealogy among some of their operating terms. This essay explores that genealogy. More specifically, it calls attention to the spatial postulate implicit in the concept of rights, juxtaposing it against the scientific debate between "absolute" versus "relative" space. That debate, a turning point in modern physics, the point at which Newton gives way to Einstein, issues a corresponding challenge to other domains of thought. This essay takes that challenge to ethics, especially to the space of rights in the Kantian tradition. Kant's grounding of ethics--his location of it in a domain that is given rather than derived, formal rather than empirical--is itself an abstraction of Newtonian absolute space, and must be reexamined in light of the latter's proven limits. Against Kant's a priori formalism, it might be helpful to develop a theory of "conditionality," along the lines suggested by Einstein, and by philosophers such as Charles Sanders Peirce, William James, Hans Reichenbach, Rudolf Carnap, and John Dewey. The essay ends by looking at another instance of conditional space -- in the literary genre called New England "local color." The short stories by Mary Wilkins Freeman are not, strictly speaking, responses to Newton and Kant. Still, they do play out the consequences of a different set of spatial postulates. The moral terrain here is one of conflicting and overlapping claims. Its desired endpoint is not an integral affirmation of rights, but linked compromises and concessions.
The Noninformation Cost of Trading and Its Relative Importance in Asset Pricing

We show that the noninformation component of trading costs is priced in thecross-section of stock returns using intraday data for NYSE/AMEX stocks. Moreimportantly, we show that the noninformation component is much larger and morestrongly related to stock returns than is the adverse-selection component,indicating that the noninformation component plays a more important role inasset pricing than does the adverse-section component. We conduct a variety ofrobustness tests and show that our main results hold for different estimationmethods, measures of the adverse-selection cost, subsample periods, and controlvariables. We offer plausible explanations for these results.
Renewable Energy and the Neighbors

Small wind turbines and rooftop solar panels are a highly attractive energy option, capable of generating clean, renewable power without the need for transmission lines across vast stretches of rural land. State and federal incentive programs have made these devices increasingly affordable for landowners in recent years, generating an unprecedented level of interest in “distributed” renewable energy. Unfortunately, small wind turbines and solar panels are often far less attractive in the eyes of neighbors, who fear that the systems will erode neighborhood aesthetics and property values. Despite aggressive state and federal programs aimed at promoting renewable energy systems, land use controls at the local level often discourage landowners from installing the devices. To combat this problem, statutes in a growing number of states invalidate local restrictions on distributed renewable energy. These broad preemptive statutes overcome neighborhood barriers, but they also suppress local participation in land use regulation and ignore community-specific issues and concerns. This article analyzes conflicts between states and communities over land use laws that restrict distributed renewable energy. Framing these conflicts as clashes over scarce “entitlements” to regulate, the article explores the possibility of using liability rule-like approaches to more efficiently allocate these entitlements between states and local governments. Based on the analysis, the article advocates a scheme that would offer “Green Community Tax Credits” to landowners in communities that voluntarily accommodate distributed renewable energy in their land use controls. The tax credit system would strengthen incentives for communities to allow distributed renewable energy but would permit each community to weigh its own unique costs and decide the issue, promoting more flexible and efficient policymaking.
Do Mutual Funds Profit from the Accruals Anomaly

Using data on both fund stockholdings and fund returns, we examine whether actively managed equity mutual funds trade on and profit from the accruals anomaly. We find that few, if any, mutual funds trade on the anomaly. The top 10% of mutual funds that have the highest portfolio weights in low-accruals stocks have a greater, but still relatively small, exposure to low-accruals stocks. Nonetheless, these funds make significant profit net of actual transaction costs, exhibiting an average Fama-French three-factor alpha of 2.83% per year. We also find that these funds are smaller, less diversified, and exhibit higher fund return volatility and higher fund flow volatility.
HOW LAW IS LIKE CHESS

This article strives to articulate some of the conventional foundations of law. The article consists of three main arguments. First, between H. L. A. Hart's conception of the rules of recognition and H. Kelsen's theory of the basic norm, Hart's view is more compelling. Second, the paper argues that the rules of recognition are social conventions but not of the familiar coordinative type, as some commentators have claimed. Finally, the article draws a distinction between deep and surface conventions, arguing that there are some deep conventions about what law is, and surface conventions that determine what counts as law in a particular community. This distinction between deep and surface conventions is employed to solve some of the puzzles about the nature of the rules of recognition.
Law School Rankings

Rank ordering is a crude but economical method of conveying information that assists consumers (such as prospective law students) to make choices; hence the popularity of the law school rankings by U.S. News & World Report. However, the validity of USNWR's rankings are undermined by the arbitrary weights attached to the different factors on which the rankings are based. This paper explores a variety of alternatives, beginning with the mean LSAT score of the student body, and emphasizes that the design of a ranking system is relevant to the interest of the people whom the rankings are intended to guide. There is broad convergence of plausible systems of ranking law schools, but it is possible to improve on the USNWR rankings.
The Working Poor Are Paying for Government Benefits: Fixing the Hole in the Anti-Poverty Purse

The Brookings Institute and the Progressive Policy Institute have collaborated in a study analyzing the shift of earned income tax credit (EITC) benefits away from the working poor, their families and neighborhoods. The study determined that approximately $1.75 billion of the $30 billion in 1999 EITC was shifted from targeted individuals to paid tax preparers and affiliated national banks. This article analyzes the problem of diminishing EITC benefits for the working poor and presents possible solutions to preserve our nation's largest and most effective anti-poverty program. The proposed solutions include (1) simplification of applicable tax provisions; (2) an offsetting tax preparation tax credit; (3) a revised government-private industry preparer partnership providing free Internet tax preparation and filing services; and (4) government-supported volunteer income tax assistance clinics open all year to assist low-income individuals with tax preparation, filing, correspondence and other financial education and banking assistance.
The Case for a Limited Protection of Trademark Merchandising

Since its judicial creation in the 1970s, strong controversy has surrounded the practice of trademark merchandising. Trademark scholars have generally opposed merchandising rights because of the departure from the traditional interpretation of trademark law— protecting consumers and market competition—in favor of a direct protection of trademark value. Despite this opposition, courts and Congress have favored the acceptance of this practice by broadening the scope of trademark protection and by introducing the concept of confusion as to the products’ “sponsorship” or “affiliation” as part of the standard for trademark infringement. Not surprisingly, trademark scholars have criticized these developments but have not offered, so far, a solution that is responsive to the changes that have affected the role of marks in the past decades. This Article fills this gap and, contrary to the position of the majority of scholars, advocates in favor of providing legal protection to trademark merchandising under the current rule of trademark law. Specifically, this Article accepts that in the modern economy the concept of commercial source can also include products’ sponsorship and affiliation as indicated by the courts and accepted by the legislature. Based upon this premise, this Article recognizes that the use of trademarks on promotional products that are offered for sale can legitimately serve the traditional distinctive function of trademarks and indicate to the public the origin
CEO compensation, shareholder rights, and corporate governance: An empirical investigation

We investigate whether CEO compensation is influenced by the strength of shareholder rights. Our evidence reveals that CEOs of firms where shareholder rights are weak obtain more favorable compensation. It is also found that higher CEO pay is associated with a higher degree of potential managerial entrenchment. Additionally, CEOs of firms with governance provisions that offer them protection from takeovers enjoy more generous pay. We also examine the change in CEO compensation relative to the change in shareholders' wealth. The evidence shows that when there is an increase in shareholders' wealth, the CEO is able to obtain higher incremental compensation when shareholder rights are weak. On the contrary, when shareholders' wealth falls, there is no corresponding decline in CEO compensation when shareholder rights are weak. Given the empirical evidence, we argue that CEO compensation practices reflect rent expropriation rather than optimal contracting.
Skeletons of stable maps I: rational curves in toric varieties

We study the Berkovich analytification of the space of genus $0$ logarithmic stable maps to a toric variety $X$ and present applications to both algebraic and tropical geometry. On algebraic side, insights from tropical geometry give two new geometric descriptions of this space of maps -- (1) as an explicit toroidal modification of $\overline M_{0,n}\times X$ and (2) as a tropical compactification in a toric variety. On the combinatorial side, we prove that the tropicalization of the space of genus $0$ logarithmic stable maps coincides with the space of tropical stable maps, giving a large new collection of examples of faithful tropicalizations for moduli. Moreover, we identify the optimal settings in which the tropicalization of the moduli space of maps is faithful. The Nishinou--Siebert correspondence theorem is shown to be a consequence of this geometric connection between the algebraic and tropical moduli spaces.
Limits of Procedural Choice of Law

Commercial parties have long enjoyed significant autonomy in questions of substantive law. However, litigants do not have anywhere near the same amount of freedom to decide procedural matters. Instead, parties in litigation are generally considered to be subject to the procedural law of the forum court.Although this particular conflict of laws rule has been in place for many years, a number of recent developments have challenged courts and commentators to consider whether and to what extent procedural rules should be considered mandatory in nature. If procedural rules are not mandatory but are instead merely “sticky” defaults, then it may be possible for commercial actors to create private procedural contracts that identify the procedural rules to be used in any litigation that may arise between the parties. This Article considers the limits of procedural choice of law as both a structural and substantive matter. Structural concerns involve questions of institutional design and the long-term understanding of a sovereign state prerogative over judicial affairs. Structural issues are considered from both a theoretical perspective (including a comparison of consequentialist and deontological models) and a practical perspective (including a discussion of relevant decisions from the Third and Seventh Circuit Courts of Appeals). Substantive concerns focus on matters of individual liberty and the content of fundamental due process rights. These issues are analyzed through analogies to certain non-derogable procedural rights that exist in international commercial arbitration.This Article addresses a number of challenging questions, including those relating to the proper characterization of different procedural rules (i.e., whether certain procedures are public or private in nature), the core duties of judges and state interests in procedural uniformity and efficiency. Although the discussion focuses primarily on procedural autonomy in international commercial litigation, many of the observations and conclusions are equally applicable in the domestic realm.
Connected population synthesis for transportation simulation

Abstract Agent-based modeling in transportation problems requires detailed information on each of the agents that represent the population in the region of a study. To extend the agent-based transportation modeling with social influence, a connected synthetic population with both synthetic features and its social networks need to be simulated. However, either the traditional manually-collected household survey data (ACS) or the recent large-scale passively-collected Call Detail Records (CDR) alone lacks features. This work proposes an algorithmic procedure that makes use of both traditional survey data as well as digital records of networking and human behavior to generate connected synthetic populations. The generated populations coupled with recent advances in graph (social networks) algorithms can be used for testing transportation simulation scenarios with different social factors.
Ethnic intermarriage among immigrants: human capital and assortative mating

This paper analyzes the determinants of interethnic marriages by immigrants in the United States. The dependent variable is intermarriage across ethnic groups (on the basis of ancestry and country of birth) and the inclusion of the explanatory variables is justified by a simple rational choice economic model. A binomial logistic regression is estimated using data from the 1980 US Census, the last Census where post-migration marriages can be identified. Results show that the probability of intermarriage increases the longer a migrant resides in the U.S. and the younger the age at arrival. Both relationships can be attributable to the accumulation of US-specific human capital and an erosion of ethnic-specific human capital. Inter-ethnic marriages are more likely between individuals with similar education levels, providing evidence of positive assortative mating by education for immigrants. The construction of the “availability ratio” for potential spouses from one’s own group and group size where one lives using data from several Censuses provides a the measure of the marriage market. Intermarriage is lower the greater the availability ratio and the larger the size of one’s own group. Linguistic distance of the immigrant’s mother tongue from English indirectly measures the effect of English language proficiency at arrival and is found to be a significant negative predictor of intermarriage. Those who report multiple ancestries and who were previously married are more likely to intermarry.
The Political Morality of Voting in Direct Democracy

The voting levers in candidate elections and in direct democracy elections are identical. The political obligations that bind the citizens that pull them are not. This Essay argues that voters in direct democracy elections, unlike their counterparts in candidate elections, serve as representatives of the people and are, accordingly, bound by the ethics of political representation. Upending the traditional dichotomy between representative and direct democracy, this Essay explains why citizens voting in direct democracy are representative legislators who must vote in the public interest and must not vote in their private interests.
Targeted export promotion with several oligopolistic industries

Abstract We study export promotion policies in situations where several oligopolistic industries compete for the services of a sector-specific factor of production. The partial equilibrium argument for strategic subsidies must be modified to incorporate general equilibrium effects working through the factor market. We find that these effects generally weaken the case for profit-shifting subsidies. In a benchmark case with symmetric exporting industries, fixed coefficients technologies and an inelastic supply of the specific factor, free trade is shown to be optimal.
Emerging Asia’s Impact on Australian Growth; Some Insights From GEM

Over the last decade, GDP growth in emerging Asia was roughly twice as fast as average world growth. The IMF’s Global Economy Model (GEM) is used to estimate the impact that emerging Asia’s growth differential has had on Australia. The simulation analysis, which replicates some key features from the last decade, suggests that roughly 25 percent of Australia's growth over the last decade has been from emerging Asia’s growth differential over that period. Looking ahead, the analysis suggests that should emerging Asia continue to grow in a similar fashion, Australia’s growth dividend could almost double. On the other hand, if growth in emerging Asia remained strong, but became more balanced across the tradable and nontradable goods sectors then Australia’s growth dividend would be slightly lower than the estimate for the last decade.
Helping Consumers Know Themselves

In standard models with asymmetric information, the parties involved are assumed to have private information about their own characteristics. In the health insurance market, for example, customers are typically assumed to know more about their health status than insurers do, and if the customers use this information in deciding whether to buy insurance, we have a classic case of adverse selection. Modern data-gathering technologies, however, can reverse this situation. For example, because cell-phone providers keep and analyze detailed records, they can know more about a consumer’s expected usage than the customer herself does. Similarly, a credit card company may know more about a customer’s probability of incurring a late fee than the customer herself. We explore the consequences of this reversal in the information asymmetry. 1 A bare-bones model examines how providing consumers with information about their own usage affects prices and welfare. We first establish the rather obvious result that, taking prices as given, consumers benefit from having better information about their own usage: they can choose the pricing plans that are more suitable for them. Recent
Network Coding-Based Post-Quantum Cryptography

We propose a novel hybrid universal network-coding cryptosystem (HUNCC) to obtain secure post-quantum cryptography at high communication rates. The secure network-coding scheme we offer is hybrid in the sense that it combines information-theoretic security with public-key cryptography. In addition, the scheme is general and can be applied to any communication network, and to any public-key cryptosystem. Our hybrid scheme is based on the information theoretic notion of individual secrecy, which traditionally relies on the assumption that an eavesdropper can only observe a subset of the communication links between the trusted parties – an assumption that is often challenging to enforce. For this setting, several code constructions have been developed, where the messages are linearly mixed before transmission over each of the paths in a way that guarantees that an adversary which observes only a subset has sufficient uncertainty about each individual message. Instead, in this article, we take a computational viewpoint, and construct a coding scheme in which an arbitrary secure cryptosystem is utilized on a subset of the links, while a pre-processing similar to the one in individual security is utilized. Under this scheme, we demonstrate 1) a computational security guarantee for an adversary which observes the entirety of the links 2) an information theoretic security guarantee for an adversary which observes a subset of the links, and 3) information rates which approach the capacity of the network and greatly improve upon the current solutions. A perhaps surprising consequence of our scheme is that, to guarantee a computational security level $b$ , it is sufficient to encrypt a single link using a computational post-quantum scheme. That is, using HUNCC, we can ensure post-quantum security in networks where it is not possible to use public-key encryption over all the links in the network. In addition, the information rate approaches 1 as the number of communication links increases. As a concrete example, in a multipath network with three links, using a 128-bit computationally secure McEliece cryptosystem only over one link, we obtain a 128-bit individually computationally secure level over all paths with a total information rate of 0.91 in the network.
Filtering in oz: Australia's foray into Internet censorship

Australia’s decision to implement Internet censorship using technological means creates a natural experiment: it can become the first Western democracy to mandate filtering legislatively and to retrofit it to a decentralized network. But are the proposed restrictions legitimate? The new restraints derive from the Labor Party’s pro-filtering electoral campaign, though minority politicians have considerable influence over policy. The country has a well-defined statutory censorship system that may, however, be undercut by relying on foreign and third-party lists of sites to be blocked. While Australia is open about its filtering goals, the government’s transparency about what content is to be blocked is poor. Initial tests show that how effective censorship is at filtering prohibited content—and only that content—will vary based on what method ISPs use. Though Australia’s decision-makers are formally accountable, efforts to silence dissenters, outsourcing of blocking decisions, and filtering’s inevitable transfer of power to technicians undercut accountability. This Article argues that Australia represents a shift by Western democracies towards legitimating Internet filtering and away from robust consideration of the alternatives available to combat undesirable information. * Assistant Professor of Law, Brooklyn Law School. A.B, Harvard College; J.D., Harvard Law School. The Author thanks Jelena Kristic and Brad Reid for expert research assistance. Thanks for helpful suggestions and discussion are owed to Sarah Abramowicz, Miriam Baer, Irene Graham, Dan Hunter, Alana Maurushat, Jason Mazzone, Sam Murumba, Mark Newton, Dana Brakman Reiser, John Selby, Nic Suzor, Yane Svetiev, David Vaile, the participants at the University of New South Wales Internet Filtering and Censorship Forum, and the participants at Computers, Freedom & Privacy 2009. The Author welcomes comments at derek.bambauer@brooklaw.edu. This Article is based in part on the Author’s work as a Research Fellow at the Berkman Center for Internet & Society at Harvard Law School with the OpenNet Initiative. 494 U. Pa. J. Int’l L. [Vol. 31:2
Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory

In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position lying in between natural law and legal positivist jurisprudence, we can gain clarity in why their general legal theories seem to fit uncomfortably, if indeed they can be said to fit at all, within so many different camps - while fitting comfortably in no particular camp - as well as highlight what has been overlooked.
Yick Wo at 125: Four Simple Lessons for the Contemporary Supreme Court

This article, celebrating the 125th anniversary of the Yick Wo decision, recounts the legal struggles of Chinese immigrants at the turn of the 20th century and proposes that these stories provide four lessons for the U.S. Supreme Court about the importance of refusing to countenance class discrimination, persisting in striking at legal injustice, considering legislative purpose in context, and taking account of the property assumptions that color cultural battles in discrimination cases.
'Effortless Perfection:' Do Chinese Cities Manipulate Air Pollution Data?

This paper uses unique data on daily air pollution concentrations over the period 2001-2010 to test for manipulation in self-reported data by Chinese cities. First, we employ a discontinuity test to detect the cities that reported dubious pollution data around the cut-off for ”blue-sky days.” Then, we propose a panel matching approach to identify the conditions under which irregularities may occur. We find that about 50% of cities reported dubious PM10 pollution levels that led to a discontinuity at the cut-off. Suspicious data reporting tends to occur on days when the anomaly is least detectable. Our findings indicate that the official daily air pollution data are not well behaved, which provides suggestive evidence of manipulation.
Views of Economic Inequality in Latin America

The authors assess the factors that affect judgments about the fairness of the distribution of wealth with pooled public opinion data from Latinobarometro surveys conducted in 1997, 2001, and 2002....
What Do We Talk About When We Talk About Performance? Dialogue Theory and Performance Budgeting

This article examines the Program Assessment Rating Tool (PART) in the federal budgeting process. The early evidence on PART prompts the search for a theory of budgeting that accepts that performance information will influence decisions but will not be used in the same way from decision to decision, as the espoused theory of performance budgeting suggests. Dialogue theory emphasizes the ambiguity of performance information and related resource allocation choices. An exploratory test of dialogue theory is undertaken through an experiment involving graduate students assessing PART evaluations. The results illustrate a variety of ways in which different individuals can examine the same program and, using logical warrants, come to different conclusions about performance and future funding requirements. INTRODUCTION: THE RETURN OF PERFORMANCE BUDGETING The President’s Management Agenda (PMA) of 2001 heralded the most recent effort to introduce performance budgeting to the federal government, based on the seemingly indisputable premise that ‘‘everyone agrees that scarce federal resources should be allocated to programs . . . that deliver results’’ (Office of Management and Budget [OMB] 2001, 27). The PMA called for the integration of financial and performance information by increasing the quality and range of data available to decision makers, assuming that greater technical and allocative efficiency would result (OMB 2001, 21). These basic propositions are shared with the Government Performance and Results Act (GPRA) of 1993 and other previous efforts to introduce some form of performance budgeting at the federal level (such as Program Planning Budgeting Systems under President Lyndon B. Johnson, Management by Objectives under President Richard Nixon, Zero-Based Budgeting under President Jimmy Carter) and, more recently, at the state level (Melkers and Willoughby 1998). But GPRA has failed to create a strong linkage between performance information and decision making (General Accounting Office [GAO] 2004a; Radin 2000). The PMA notes that ‘‘after eight years of experience, progress toward the use Address correspondence to the author at dmoynihan@lafollette.wisc.edu. doi:10.1093/jopart/muj003 Advance Access publication on December 9, 2005 a The Author 2005. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org. JPART 16:151–168
Corporate Social Responsibility, Customer Satisfaction, and Market Value

Abstract Although prior research has addressed the influence of corporate social responsibility (CSR) on perceived customer responses, it is not clear whether CSR affects market value of the firm. This study develops and tests a conceptual framework, which predicts that (1) customer satisfaction partially mediates the relationship between CSR and firm market value (i.e., Tobin's q and stock return), (2) corporate abilities (innovativeness capability and product quality) moderate the financial returns to CSR, and (3) these moderated relationships are mediated by customer satisfaction. Based on a large-scale secondary data set, the results show support for this framework. Notably, the authors find that in firms with low innovativeness capability, CSR actually reduces customer satisfaction levels and, through the lowered satisfaction, harms market value. The uncovered mediated and asymmetrically moderated results offer important implications for marketing theory and practice.
Strategic Intellectual Property Sharing: Competition on an Open Technology Platform Under Network Effects

In this paper, we explore the strategic decision of an incumbent to open a proprietary technology platform to allow same-side co-opetition in a market characterized by network effects. We propose a game-theoretic model that analytically conceptualizes the interplay among the degree of same-side platform openness, the absorptive capacity of the entrant, and the intensity of network effects. Our analysis uncovers interesting new results. First, when entrant product quality is exogenous, under very strong network effects, the incumbent closes the technology. Moreover, we discuss various interesting open-platform co-opetition outcomes that arise under a fully covered market. When the entrant chooses the quality level and the incumbent is strategic in its platform opening decision, we find that intense network effects make new players shun the market, so intellectual property (IP) sharing is not possible in equilibrium. When the network effects are of intermediate intensity, the incumbent opens the technology ...
Assessing Pilots with ‘the Wrong Stuff’: A Call for Research on Emotional Health Factors in Commercial Aviators

The responsibility that airline pilots have toward the safety of passengers is immense. Airline pilots are likely to be among the most reliable and psychologically problem-free populations. Yet, psychological problems can and do occur among persons who pursue this occupation although the actual extent is unknown. Personality disorders, substance abuse disorders, bipolar disorder, and psychosis are mental health problems that can prevent a person from holding medical certification required in airline flying. No definitive epidemiological studies have been conducted to provide rates of these and other disorders in this important population. Personality and emotional factors have been found to impact job performance; however, most airlines do little in the way of psychological assessment at the initial hiring stage or throughout the pilot’s career to detect potential personality problems or emotional disorders. Much is known about the personality and mental health factors that could affect performance of pilots but little of this information has been incorporated in pilot screening programs. This article surveys a number of potential problem areas that can lead to performance decrements. Recommendations with respect to psychological assessment in airline pilot mental health determinations are suggested. Further research to determine the full extent of maladjustment among pilots is recommended.
Professional Legal Writing Declaring Your Independence

This article proposes two controversial assertions about the writing of many lawyers and judges today and offers a central theme for improving that writing? These bold propositions are offered in an effort to awaken and perhaps inspire the legions of overworked, harried legal scriveners inhabiting our legal community to adopt a new methodology of writing. Too many legal writers today are forced by the various (nefarious) circumstances of their work to crank out reams of hastily conceived and poorly edited text The time has arrived for us to admit to this unacceptable state of affairs and to declare independence from unprofessional work environments and habits.
The Economic Consequences of the International Migration of Labor

In this paper, I selectively discuss recent empirical work on the consequences of global labor mobility. I examine how international migration affects the incomes of individuals in sending and receiving countries and of migrants themselves. Were a social planner to choose the migration policies that would maximize global welfare, she would need to know, among other values, the elasticities of wages, prices, taxes, and government transfers with respect to national labor supplies as well as how these parameters vary across countries. My goal is to evaluate the progress of the literature in terms of providing these inputs.
Confronting the Mortgage Meltdown: A Brief for the Federalization of State Mortgage Foreclosure Law

This Article argues for federal preemption of state procedures governing the foreclosure of mortgages and security interests in rents. While it also suggests that federal action limiting or prohibiting state anti-deficiency legislation may be appropriate, it leaves this issue to future consideration. Thus, its major focus is to advocate the congressional adoption of both Uniform Nonjudicial Foreclosure Act (UNFA) and Uniform Assignment of Rents Act (UARA) to make them available to all lenders nationwide. However, the federal government has a special stake in greater uniformity for its own account. This is especially the case as to mortgages on real estate. The fallout of the economic crisis of the past year and a half has made it the owner or guarantor of millions of mortgages. It will be confronted with an overwhelming number of foreclosures that will survive all attempts at modification. Given the fact that Fannie Mae and Freddie Mac are now wards of the federal government, the federal stake in efficient and fair foreclosure procedures has become compelling. Forcing the federal government to foreclose possibly hundreds of thousands of mortgages judicially in many states seems almost surreal. Given the enormous cost of this crisis to the federal taxpayers, the government should not be held hostage to arcane and outmoded foreclosure procedures. Even in nonjudicial foreclosure states, the federalization of Fannie Mae and Freddie Mac probably necessitates changes in some statutes to comply with constitutional due process mandates. At the very minimum, the federal Single Family and Multifamily Acts with minor modifications should be made available to all federal agencies.
Medical education and malpractice: what's the connection?

This essay anticipates that courts may encounter an increasing number of educational malpractice claims against medical schools when patients suffer injuries at the hands of recent graduates. Such lawsuits will pose difficult questions, and they fall at the intersection of two divergent litigation trends - namely, a greater willingness to impose duties on health care institutions (and also to extend tort duties to third party beneficiaries in various contexts), but a longstanding unease with claims of educational malpractice. It is difficult to predict which of these tendencies will predominate when courts resolve future (m)ed-mal claims. Such lawsuits may well falter after a thorough analysis of the evidence and competing policy arguments, but judges should carefully articulate their reasons for declining to recognize these sorts of cases rather than simply parroting the weak rationales used to reject tort claims asserted by public high school students who graduate with inadequate basic skills. The characteristics of medical education - and the foreseeable consequences of doing a poor job of training future health care professionals - demand a closer evaluation of the possible benefits and burdens of holding medical schools accountable for failing in their mission.