cssi/SciSciGPT-SciSciNet huggingface dataset:
Application Development Using Fault Data

We develop a general model for software development process and propose a policy to manage system coordination using system fault reports (e.g., interface inconsistencies, parameter mismatches, etc.). These reports are used to determine the timing of coordination activities that remove faults. We show that under an optimal policy, coordination should be performed only if a “threshold” fault count has been exceeded. We apply the policy to software development processes and compare the management of those projects under different development conditions. A series of numerical experiments are conducted to demonstrate how the fault threshold policy needs to be adjusted to changes in system complexity, team skill, development environment, and project schedule. Moreover, we compare the optimal fault threshold policy to an optimal release-based policy. The release-based policy does not take into account fault data and is easier to administer. The comparisons help to define the range of project parameters for which observing fault data can provide significant benefits for managing a software project.
Economic Development and the Rights Hypothesis: The China Problem

An important school of thought in institutional economics holds that economic growth requires a legal order offering stable and predictable rights of property and contract because the absence of such rights discourages investment and specialization. In general, the legal order described by this school is something along the lines of the legal systems of the developed countries of the West (excluding Japan, which is rarely discussed). I will call this proposition the "Rights Hypothesis." Without the security of expectations offered by such a legal order, according to the Rights Hypothesis, the risks of a great number of otherwise beneficial transactions far outweigh their expected return, and as a result such transactions simply do not occur. Society is mired in an economy of short-term deals between actors bound by non-legal ties such as family solidarity which by their nature cannot bind large numbers of strangers.' The best known discussion of the relationship between legal institutions and the economy is, of course, Max Weber's.2 A classic Weberian formulation of the role of legal institutions in the economy states: "The universal predominance of the market consociation requires . . . a legal system the functioning of which is calculable in accordance with rational rules."3 (As will be shown later, this is not exactly the Rights Hypothesis in its most ambitious form.) The law and development movement in the 1960s produced a great deal of literature advancing the view that "through institutions such as contract and private property rights, modern law promotes the develop-
Changes in excitability properties of ventromedial motor thalamic neurons in 6-OHDA lesioned mice

The activity of basal ganglia input receiving motor thalamus (BGMT) makes a critical impact on motor cortical processing, but modification in BGMT processing with Parkinsonian conditions have not be investigated at the cellular level. Such changes may well be expected due to homeostatic regulation of neural excitability in the presence of altered synaptic drive with dopamine depletion. We addressed this question by comparing BGMT properties in brain slice recordings between control and unilaterally 6-OHDA treated adult mice. At a minimum of 1 month post 6-OHDA treatment, BGMT neurons showed a highly significant increase in intrinsic excitability, which was primarily due to a decrease in M-type potassium current. BGMT neurons after 6-OHDA treatment also showed an increase in T-type calcium rebound spikes following hyperpolarizing current steps. Biophysical computer modeling of a thalamic neuron demonstrated that an increase in rebound spiking can also be accounted for by a decrease in the M-type potassium current. Modeling also showed that an increase in sag with hyperpolarizing steps found after 6-OHDA treatment could in part but not fully be accounted for by the decrease in M-type current. These findings support the hypothesis that homeostatic changes in BGMT neural properties following 6-OHDA treatment likely influence the signal processing taking place in basal ganglia thalamocortical processing in Parkinson’s disease. Significance Statement Our investigation of the excitability properties of neurons in the basal ganglia input receiving motor thalamus (BGMT) is significant because they are likely to be different from properties in other thalamic nuclei due to the additional inhibitory input stream these neurons receive. Further, they are important to understand the role of BGMT in the dynamic dysfunction of cortico – basal ganglia circuits in Parkinson’s disease. We provide clear evidence that after 6-OHDA treatment of mice important homeostatic changes occur in the intrinsic properties of BGMT neurons. Specifically we identify the M-type potassium current as an important thalamic excitability regulator in the parkinsonian state.
The Role of Sentencing Commissions in the Imposition and Enforcement of Release Conditions

Nationally, a substantial proportion of prison admissions are due to revocations of probation or post-prison release, rather than new convictions and sentences. Sentence revocations have helped fuel U.S. prison growth despite a significant decline in crime across the nation. The process for deciding who is revoked and who is not is a discretionary one that in most jurisdictions is wholly unguided by law or policy. As a result, decisions are often made haphazardly, and without regard to risk the offender poses to the community. Although many states now realize that the legal and policy problems surrounding sentence revocations are urgent and require new thinking and new solutions, there are few successful innovations upon which to build. Three changes could dramatically reduce prison admissions and incarceration rates: substituting short jail terms and day fines for probationary supervision; avoiding release conditions that aren't essential to public safety; and reducing the length of time offenders are subject to conditional release (and thus, to revocation). State sentencing commissions are well-positioned to promote these reforms, and to offer judges and correctional decision makers more guidance on the principles that should govern their revocation decisions. Doing so would conserve community supervision resources for the rehabilitation and reintegration of offenders, lessen the need for costly and often counter-productive revocation sanctions, and improve the quality of decision making at the time of sentencing and throughout the execution of the sentence.
Home alone: supervision after school and child behavior

As female participation in the labor force continues to grow in the US, so too does reliance on non-parental child care. However, the high cost of child care has impeded the ability of many working mothers to find sufficient child care for their children. As a result, as recently as 1998 over eight million children ages five to 14 spent time without adult supervision on a regular basis in the US. I examine the effect of the lack of adult supervision after school on a panel of school-age children using ordinary least squares and fixed effect estimation. I find that children with adult supervision are less likely to skip school, use alcohol or marijuana, steal something or hurt someone. These findings suggest that expanding after school or child care programs typically geared to preschool-age children to accommodate more school-age children may have important consequences for their human capital development and labor market outcomes later in life.
Decoupling 'Terrorist' from 'Immigrant': An Enhanced Role for the Federal Courts Post 9/11

Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting noncitizens is criminal prosecution for terrorism and subversion. Second, we can well expect that Ashcroft will dispatch criminal law enforcement and immigration agents that might be tempted, at the margin, to play fast and loose with suspects' civil liberties, as evidenced by the FBI's deceptive practices in over 75 post-9/11 cases. Third, history is replete with examples of federal government zealotry, and the federal courts would do well not to bow to majority sentiment especially when racial, ethnic, religious, gender, and age stereotypes are reinforced at the expense of the egalitarian ideal. The legacy of Brown v. Board of Education should be that the Supreme Court will never reaffirm Korematsu's principles. And fourth, controlling political overreaching enhances our standing abroad.
Do Excessive Legal Standards Discourage Desirable Activity

Abstract Overly strict legal standards are commonly thought to discourage parties from engaging in socially desirable activities. This intuition is shown to be incorrect when standards are enforced by liability rules but valid when standards are required by the regulatory system.
Relationship lending: a survey of the literature

This paper reviews the recent literature on relationship lending. First, the effect of relationship lending on firm value is examined in the context of the event studies investigating the impact of announcement of bank loans on stocks of the borrowing firms. Second, the effects on funds availability, loan rates, and collateral requirements are appraised. Third, the evidence on the impact of the length of the relationship, multiple bank relationships, and distance from the lender are assessed. Fourth, the effect of bank consolidation on relationship banking and the role of de novo banks are discussed. Finally, the effects of deregulation and technology on community banks are examined. The evidence indicates that relationships increase funds availability and reduce loan rates. The evidence on the direction and magnitude of the length of relationships is mixed and multiple relationships reduce the value of any single borrower lender relationship. Small banks can maintain the advantages of relationship banking in spite of technological changes.
The relation between trades of domestic and foreign investors and stock returns in Sri Lanka

Abstract This study investigates the relation between equity flows and returns in Sri Lanka using daily trade data categorized by investor classes. The results show that purchases and sales of domestic and foreign investors, both institutional and individual, are positively related with past returns, except during crisis periods, when they are negatively related. Domestic institutional and foreign individual purchases lead to higher future returns whereas domestic individual purchases lead to lower future returns. Foreign institutional purchases do not impact future returns. Sales by domestic investors have no impact on future returns while sales by foreign investors lead to higher future returns.
Rights to the Realm: Reconsidering Western Political Development

I explore how political property rights to revenues from governance relate to generality norms in governance. I do so by examining the rise of Western constitutional liberalism from the perspective of property rights economics and political economy. While it is true that Western political development has been the result of bargains between political elites (Congleton 2011), the implications of the fact that parties to these bargains historically were “owners of the realm” have been underappreciated. I argue the unintended consequence of these political bargains among “owners of the realm” was a de facto supermajority rule, approaching conceptual unanimity for those party to the bargains. In developing this argument I elaborate on the relationship between political and economic property rights, noting that while they were and will continue to be intertwined, there was a hierarchy of rights that became inverted over the course of elites’ constitutional bargains.
An Institutional Conception of Authority

The essay develops a conception of practical authorities that ties their legitimacy to the particular nature of the social practice or institution in which practical authorities invariably operate, and the terms of the subjects’ participation in that practice. The main argument of the paper draws on the distinction between what it takes to have practical authority and what would make it legitimate. The general idea is that what it takes to have practical authority is always determined by a social or institutional practice, and thus the legitimacy of any given authority crucially depends on the nature of the practice and the terms of participation in it. One result of this argument is that there is no single general principle that determines the conditions of the legitimacy of authorities. In some cases, legitimacy depends on consent, in other cases, it does not; either way, it is the nature of the practice or institution in which a practical authority operates that crucially determines the authority’s legitimacy. The main argument of this essay is preceded by a clarification of the nature of authoritative directives and the obligatory nature of the reasons to comply with a legitimate directive. I argue that the obligation to comply is not directional (viz., owed to the authority), and that it does not involve the kind of moral accountability that we normally associate with directional obligations. September 2011/ forthcoming in Philosophy & Public Affairs An Institutional Conception of Authority
Why D'Oench, Duhme? An Economic, Legal, and Philosophical Critique of a Failed Bank Policy

In 1942, the Supreme Court handed down its decision in the case of D’Oench, Duhme, & Co. c. FDIC. This decision established an equitable estoppel under the umbrella of federal common law to protect the insurance fund of the Federal Deposit Insurance Corporation (FDIC) from secret agreements between borrowers and banks which misrepresented the value of a bank’s assets. In the last fifty years, the D’Oench doctrine has been greatly expanded by the courts, and its purported legislative counterpart, 12 U.S.C. Section 1823(e) has enjoyed similar expansion. More recently, courts have even created a fiction by holding that the FDIC enjoys rights as a holder in due course under federal common law as a necessary extension of the original D’Oench doctrine. During this expansive development, one consideration has remained constant. The goal sought to be preserved by this unbridled growth of the doctrine was the protection of the insurance fund as an integral part of regulatory failed bank policy. The core value inherent in this goal was, and continues to be, economic. However, neither courts, legislators, nor academicians have suggested any major reconsideration of one of the most misguided disciples of failed bank policy—the D’Oench doctrine. With the tidal wave of litigation involving the FDIC, Resolution Trust Corporation (RTC), and successor financial institutions, serious critical analysis needs to be given to D’Oench and the current economic approach to the failure resolution system. This analysis will show that the D’Oench doctrine has placed economic values on a pedestal, effectively trumping ethical values of common decency and fair play, and that it is time to apply a new value-based approach to banking regulatory policies.
The Future of the Establishment Clause in Context: A Response to Ledewitz

Throughout a body of work, Bruce Ledewitz has argued for a different approach to the Establishment Clause. Ledewitz suggests that our society would better off if courts were more permissive of governments putting up religious symbols or offering religious messages. Nonbelievers have been deeply offended by these things. But such offense is unnecessary, Ledewitz says, as nonbelievers can focus on the deeper humanistic and essentially non-religious (or super-religious, if you will) messages that religious imagery conveys. And when nonbelievers choose to take offense at these kinds of things, they only deepen the religious/secular divide that is rattling our society's foundations. This piece reviews Ledewitz's work. There is much to praise. Ledewitz is a thoughtful and empathetic person, trying to find some common ground between believers and non-believers that can enable them to live together in peace. But Ledewitz's approach has some significant drawbacks. Ledewitz criticizes the Supreme Court for drawing silly lines. But because Ledewitz still wants courts to declare outrageous endorsements of religion unconstitutional, he simply draws other silly lines. More fundamentally, Ledewitz would dilute the idea of religious neutrality beyond recognition, an idea that I take to be essential for reasons I try to briefly express.
Learning by Trading

Using a large sample of individual investor records over a nine-year period, we analyze survival rates, the disposition effect, and trading performance at the individual level to determine whether and how investors learn from their trading experience. We find evidence of two types of learning: some investors become better at trading with experience, while others stop trading after realizing that their ability is poor. A substantial part of overall learning by trading is explained by the second type. By ignoring investor attrition, the existing literature significantly overestimates how quickly investors become better at trading. (JEL D10, G10)
Differential Equation Invariance Axiomatization

This article proves the completeness of an axiomatization for differential equation invariants described by Noetherian functions. First, the differential equation axioms of differential dynamic logic are shown to be complete for reasoning about analytic invariants. Completeness crucially exploits differential ghosts, which introduce additional variables that can be chosen to evolve freely along new differential equations. Cleverly chosen differential ghosts are the proof-theoretical counterpart of dark matter. They create a new hypothetical state, whose relationship to the original state variables satisfies invariants that did not exist before. The reflection of these new invariants in the original system then enables its analysis.An extended axiomatization with existence and uniqueness axioms is complete for all local progress properties, and, with a real induction axiom, is complete for all semianalytic invariants. This parsimonious axiomatization serves as the logical foundation for reasoning about invariants of differential equations. Indeed, it is precisely this logical treatment that enables the generalization of completeness to the Noetherian case.
Copyright at the Bedside: Should We Stop the Spread?

We recently published an article in the New England Journal of Medicine describing a crisis in cognitive testing, as doctors and medical researchers increasingly face copyright claims in sets of questions used for testing mental state. We encouraged the creation of a cultural norm in medicine, in which medical researchers would ensure continued availability of their tests through open source licensing for any copyrights that might exist. In this piece, we consider the legal side of the question. Although copyrights are being copiously asserted in medical testing, are those rights valid, and should they be upheld? The legal precedents in this area are anything but clear, and the courts are divided in the few analogous circumstances that have arisen. We examine analogies in standardized testing, computer compilations and baseball pitching forms to consider the marvelous question of how to conceptualize a process—which is the purview of patent law—when that process consists of words—which are the purview of copyright law. We also look from an economics perspective at the issue of investment and value creation in the development of de facto standards. Legal scholars are so often in the position of looking backwards, teasing out solutions to problems that have developed within a doctrinal or theoretical area. Rarely does one have the opportunity to affect the course of events before problems become so deeply entrenched that they are intractable. This is such a moment, and the legal and medical fields should take advantage of the opportunities presented.
The Ideological Context of the Disability Rights Critique: Where Modernity and Tradition Meet

I. BEYOND THE LAW: THE ABORTION DEBATE AND DISABILITY RIGHTS 346 II. MATTERS OF MORALS / MATTERS OF LAW 348 A. The Ideological Context of Debate 348 B. The Ideological Context: The Debate About Family 349 C. The Erosion of Institutional Arbiters 351 D. A Discourse About Abortion Alongside the “Debate About Abortion”......... 353 III. THE DISABILITY RIGHTS CRITIQUE, THE DEBATE ABOUT ABORTION, AND THE MEANING OF FAMILY 356 A. The Disability Rights Critique and the Law 357 B. The Disability Rights Critique and American Ideology 359 IV. CONCLUSION 361
Political Devolution and Resistance to Foreign Rule: A Natural Experiment

Do foreign occupiers face less resistance when they increase the level of native governing authority? Although this is a central question within the literature on foreign occupation and insurgency, it is difficult to answer because the relationship between resistance and political devolution is typically endogenous. To address this issue, we identify a natural experiment based on the locally arbitrary assignment of French municipalities into German or Vichy-governed zones during World War II. Using a regression discontinuity design, we conclude that devolving governing authority significantly lowered levels of resistance. We argue that this effect is driven by a process of political cooptation: domestic groups that were granted governing authority were less likely to engage in resistance activity, while violent resistance was heightened in regions dominated by groups excluded from the governing regime. This finding stands in contrast to work that primarily emphasizes structural factors or nationalist motivations for resistance.
Barriers to Scientific Contributions: The Author's Formula

Recently I completed a review of the empirical research on scientific journals (Armstrong 1982). This review provided evidence for an “author’s formula,” a set of rules that authors can use to increase the likelihood and speed of acceptance of their manuscripts. Authors should: (1) not pick an important problem, (2) not challenge existing beliefs, (3) not obtain surprising results, (4) not use simple methods, (5) not provide full disclosure, and (6) not write clearly. Peters & Ceci (PC 1980), they broke most of the rules.
Public Reason as a Public Good

Contemporary liberal theorists see value pluralism as a permanent social fact, the natural and inevitable result of living under free institutions. Yet while value pluralism is desirable for many reasons, this same pluralism can threaten the efficacy and the authority of the state. Thus, as Rawls frames it, the fundamental question of the liberal state is: How may there exist a stable and just society of free and equal citizens profoundly divided over their religious, philosophical, and moral doctrines? His answer - embraced by many other liberal theorists as well - relies in large part on the idea of public reason. Public reason requires officials and (sometimes) citizens to forsake potentially divisive appeals to inherently contestable theories of the good life and instead appeal to political values shared by all reasonable inhabitants of a liberal democracy. This Article addresses the strategy of public reason. One trouble with public reason is that it is what economists recognize as a public good. Under the conventional theory of collective action, this has dire consequences for the success of public reason. The public goods analysis can thus help provide an account of why public reason often fails us, even if most citizens believe in public reason's aims. The Article then analyzes public reason using an alternative theory of collective action grounded on an empirically observed norm of reciprocity. This analysis leads to a richer, somewhat less pessimistic understanding of the strategy of public reason and generates different policy prescriptions than does the conventional model.
The Private Police

Legal scholars have largely neglected private policing, and the neglect is increasingly indefensible. The private security industry already employs more guards, patrol personnel and detectives than the federal, state and local governments combined, and the disparity is growing; to a striking extent, private firms now perform many of the beat-patrol tasks once thought central to the mission of the public police. This article describes what is known and unknown about the private security industry, traces the industry's history, assesses the challenges and opportunities it creates for judges and scholars, and provides an agenda for future research and doctrinal development. Private security firms furnish tangible evidence about what some people want but are not receiving from public law enforcement, and the legal regime governing private security -- deconstitutionalized, defederalized, tort-based, and heavily reliant both on legislatures and on juries -- offers important opportunities to test some of the most persistent proposals for reforming criminal procedure law. In addition, because maintaining order and controlling crime seem paradigmatic governmental functions, private policing presents a unique and underused vantage point for reexamining the public-private distinction and the state action doctrine. Finally, and perhaps most importantly, police privatization provides occasion for reconsidering the focus of constitutional law on negative obligations of government, and the focus of constitutional criminal procedure on fairness to individual criminal defendants; the dramatic spread of policing-for-hire should prompt us to rethink what it means to guarantee all citizens, regardless of wealth, the equal protection of the laws.
Migration, sorting and regional inequality : evidence from Bangladesh

Using household level data from Bangladesh, this paper examines the differences in the rates of return to household attributes over the entire welfare distribution. The empirical evidence uncovers substantial differences in returns between an integrated region contiguous to the country's main growth centers, and a less integrated region cut-off from those centers by major rivers. The evidence suggests that households with better observed and unobserved attributes (such as education and ability) are concentrated in the integrated region where returns are higher. Within each region, mobility of workers seems to equalize returns at the lower half of the distribution. The natural border created by the rivers appears to hinder migration, causing returns differences between the regions to persist. To reduce regional inequality in welfare in Bangladesh, the results highlight the need for improving connectivity between the regions, and for investing in portable assets of the poor (such as human capital).
The Use of Information Technology by National Unions: An Exploratory Analysis

Exploratory factor analysis and correlation techniques are applied to survey data to examine national unions’ use of information technology (IT). We identify common dimensions in current and planned use of IT forms, its applications, and implementation issues. Finally, relations among these dimensions and selected union characteristics are examined.
Constitutional Sunsetting?: Justice O'Connor's Closing Comments in "Grutter"

Most Supreme Court watchers were unsurprised that Justice Sandra Day O’Connor’s vote proved pivotal in resolving the University of Michigan affirmative action cases; indeed, Justice O’Connor has been in the majority in almost every case involving race over the past decade, and was in the majority in each and every one of the 5-4 decisions the Court handed down across a broad range of difficult issues last Term. Some smaller number of observers were unsurprised that Justice O’Connor decided (along with the four Justices who in the past have voted to allow latitude with regard to race-based affirmative action programs) to uphold the kind of flexible and individualistic use of race to promote a diverse student body embodied in the University of Michigan Law School’s admission policy. Justice O’Connor had often cited Justice Powell’s opinion in Bakke favorably, and just two terms ago she had voted with the more “liberal” Justices in a 5-4 decision that permitted race consciousness in a voting redistricting setting. But perhaps most were surprised by a comment Justice O’Connor made from the Court at the end of the Grutter opinion: “We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.” In this short essay, we explore that provocative sentence, and tease out some of the doctrinal and jurisprudential implications and connections that it might be understood to raise.
THE ECONOMIC EFFECTS OF THE MARATHON-ASHLAND JOINT VENTURE: THE IMPORTANCE OF INDUSTRY SUPPLY SHOCKS AND VERTICAL MARKET STRUCTURE*

This study measures the effects of the Marathon/Ashland Petroleum (MAP) joint venture on rack and retail reformulated (RFG) gasoline prices in the four cities where both firms sold RFG before the joint venture. MAP was an early transaction in the recent era of petroleum mergers and resulted in large regional increases in concentration. While wholesale (rack) prices increased in the two cities experiencing the largest change in market structure in the year following the transaction, retail prices did not increase. Our results also highlight the importance of identifying the marginal source of supply in correctly identifying merger effects.
Criminal liability for loss of a chance

In a number of recent cases, appellate courts have upheld the homicide convictions of criminal defendants whose conduct merely reduced the victim’s chances of surviving another injury or illness that likely would have killed the victim anyway. Cases of this kind, which are known among tort scholars as “lost chance” or “loss of chance” cases, do not satisfy the criminal law’s traditional requirement of “but for” causation: because the other injury or illness likely would have killed the victim anyway, it cannot be said that the victim would not have died “but for” the defendant’s conduct. This Article, though, argues that the courts’ departure from tradition in these cases is justified. Specifically, this Article argues that treating “lost chance” as a species of causation is consistent with the way we use the word “cause” and with the policies underlying the decisions of the state legislatures to assign import to causation in the classification of crimes. Finally, the Article argues that this exception to the “but for” test also explains another class of cases in which courts have not required proof of “but for” causation: cases where defendants are prosecuted as accomplices.
Lafler and Frye: Good News for Public Defense Litigation

In Missouri v. Frye and Lafler v. Cooper, the Supreme Court confirmed that the Sixth Amendment right to counsel applies to the plea negotiation process and held that prejudicial error can flow from ineffective plea advice. The defense community has applauded these decisions for recognizing the pivotal role that guilty pleas play in our criminal justice system and for requiring a minimum level of efficacy in plea lawyering. In this brief essay, I suggest that Frye and Lafler are victories for the defense community in yet another way. The decisions reflect judicial realism, and in this respect, they are especially important cases for systemic public defense litigation. Courts confronted with these suits in the past have stymied reform efforts by approaching these suits in a formalistic way, sending plaintiffs either to seek a post-conviction remedy or legislative redress, neither of which are practical options. Frye and Lafler, because they are grounded in the reality of today's criminal justice system, may provide critical leverage to lawyers asking courts for systemic relief.
The Trafficking of Ethiopian Domestic Workers into Lebanon: Navigating through a Novel Passage of the International Maid Trade

This article examines the trafficking of Ethiopian domestic workers into Lebanon. Since 1989, the number of domestic workers from Ethiopia trafficked into Lebanon has skyrocketed. The majority of these domestic workers are neither extended protection from their native or host states, which coupled with local racism and xenophobia, exposes these domestic workers to economic exploitation, abuse, and violence. This article provides a survey of this under-examined maid trade, and proposes prescriptive measures aimed at protecting the human rights of Ethiopian domestic workers in Lebanon, and combating illegal trafficking.
The mental health paradigm and the MacArthur study: emerging issues challenging the competence of juveniles in delinquency systems.

Understanding the factors that impact a juvenile's adjudicative competence in delinquency and criminal proceedings today requires some familiarity with mental illness, mental retardation, and developmental immaturity. Current research and studies shed new light on these factors that juvenile advocates, prosecutors, judges, and policymakers must routinely confront. This article discusses some of the issues involved in competency determinations of juveniles awaiting trial; addressing both the more traditional factors, such as mental illness and mental retardation, and some of the more recent studies and literature identifying developmental immaturity as an emerging basis for challenging the competency of juveniles to stand trial. Juvenile justice systems routinely presume that adolescents accused of delinquent or criminal misconduct are competent to stand trial. Adults charged with criminal misconduct are also presumed to be competent. Competency requires that citizens accused of criminal misconduct understand the charges against them, have rudimentary understanding of the court process, be able to understand and answer questions posed to them by their counsel, and be able to make decisions about their trial such as whether to testify, and whether to accept or reject plea bargains.
Globalization and the ABA Commission on Ethics 20/20: Reflections on Missed Opportunities and the Road Not Taken

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success with respect to its globalization mission. The article begins by offering background information about the ABA's 20/20 Commission. The next section of the article discusses the current impact of the 20/20 Commission’s work. It then explains why the Commission’s technology work arguably will continue to have a greater impact than its work with respect to globalization. The fourth section identifies a “road not taken” with respect to the Commission's globalization mission. This section includes concrete steps that the ABA 20/20 Commission might have undertaken to make the globalization aspect of its work more successful. The Conclusion to this article suggests that the ABA could still – and should still - undertake these steps in order have a greater impact in a globalized world of lawyer regulation.
Capital Account Liberalization: Theory, Evidence and Speculation

Research on the macroeconomic impact of capital account liberalization finds few, if any, robust effects of liberalization on real variables. In contrast to the prevailing wisdom, I argue that the textbook theory of liberalization holds up quite well to a critical reading of this literature. Most papers that find no effect of liberalization on real variables tell us nothing about the empirical validity of the theory because they do not really test it. This paper explains why it is that most studies do not really address the theory they set out to test. It also discusses what is necessary to test the theory and examines papers that have done so. Studies that actually test the theory show that liberalization has significant effects on the cost of capital, investment, and economic growth.
Testing the foundations of quantal response equilibrium

Quantal response equilibrium (QRE) has become a popular alternative to the standard Nash equilibrium concept in game theoretic applications. It is well known that human subjects do not regularly choose Nash equilibrium strategies. It has been hypothesized that subjects are limited by strategic uncertainty or that subjects have broader social preferences over the outcome of games. These two factors, among others, make subjects boundedly-rational. QRE, in essence, adds a logistic error function to the strict, knife-edge predictions of Nash equilibria. What makes QRE appealing, however, also makes it very difficult to test, because almost any observed behavior may be consistent with different parameterizations of the error function. We present the first steps of a research program designed to strip away the underlying causes of the strategic errors thought to be modeled by QRE. If these causes of strategic error are correct explanations for the deviations, then their removal should enable subjects to choose Nash equilibrium strategies. We find, however, that subjects continue to deviate from predictions even when the reasons presumed by QRE are removed. Moreover, the deviations are different for each and every game, and thus QRE would require the same subjects to have different error parameterizations. While we need more expansive testing of the various causes of strategic error, in our judgment, therefore, QRE is not useful at predicting human behavior, and is of limited use in explaining human behavior across even a small range of similar decisions.
Law, Technology, and Development: Policy Debates in the New Millennium *

The growth of multinationals and foreign direct investment in the past twenty-five years has increased our understanding of interdependencies among developed and developing economies. The impact of foreign direct investment in developing countries is analyzed by studying technology transfer, trade linkages, the flow and regulation of capital and finance, organizational changes and employment shifts. In recent years, researchers have shown that the flow of investment from developed to developing countries is undertaken in search of lower input costs as well as in search of new knowledge. Debates over the positive versus negative effects of the spread of multinationals and globalization in both source and destination economies have been politicized in national elections. Many factors have influenced the processes that led to the expansion of multinational companies across the world. Law and regulation facilitated the spread on one hand, and again new laws and regulations came about to control the activities of multinationals and nation states as well. This special issue is a collection of papers that range from specific debates on how technology transfer should be accommodated between developed and developing countries (Davis 2005), to what sort of technology must be developed to address the real needs of development (Archibugi & Bizzarri 2005). Within this broad spectrum, the following topics are addressed: an analysis of the relationship between foreign ownership and export performance in India to show the importance of strategic control in positioning Indian firms in the global production network (Chhibber & Majumdar 2005); the importance of real property ownership in globalization (Malloy 2005); the evolving politics among the U.S., EU and tax havens in taxing the profits of multinational corporations and ultimately the location of their subsidiaries. These papers are followed by three specific studies on regulating science and technology in a globalizing world. The first paper is on the evolving nature of patenting software and its implications (Graham &
The Case Against Foreign Tax Credits

In international tax policy debate, it is usually assumed that, if one chooses not to exempt residents’ foreign source income, the preferred system would offer foreign tax credits. This assumption is mistaken, given the bad incentives created by the credits’ marginal reimbursement rate (MRR) of 100 percent and the unpersuasiveness of common rationales for granting them, such as those based on aversion to ‘‘double taxation’’orsupport forcapital exportneutrality.While taxingforeign source income at the full domestic rate with only deductions for foreign taxes would overtaxoutboundinvestment,atleast in principal creditability is dominatedbya burdenneutral shift to deductions plus a reduced tax rate for such income. And even if such a shift is unfeasible or unwise, the incentive problems resulting from a 100 percent MRR for foreign taxes paid may illuminate various more practical tax issues, such as the merits of (1) shifting to an exemption system,which features implicit deductibility, and (2) various proposed reforms, such as removing disincentives in subpart F for foreign tax planning by U.S. multinationals.
Recovering a Basic Space from Elite Surveys: Evidence from Latin America

I used elite survey data and scaling techniques to estimate the location of political actors (parties, chief executives, and legislators) from nine countries in a common ideological space. The recovered ideological configuration of each country accurately reflects the description of that country's political landscape given by the popular press and in the scholarly literature. My findings demonstrate that data generated by survey responses can be reliably used to locate legislators' ideological positions in a low-dimensional space in a manner analogous to the roll-call-based methods commonly used in the scholarship on the U.S. Congress. My approach has two important advantages over methods that use roll-call data, expert surveys, or some combination thereof. First, it does not rely on recorded votes and so is unaffected by concerns about the validity of roll-call data as unbiased indicators of legislator preference. And, because it does not require access to voting records, this approach can be applied to any legislature in the world. Second, my method can be used to estimate the location of political actors in a common ideological space.
Children as Witnesses: A Symposium on Child Competence and the Accused's Right to Confront Child Witnesses

The rules of evidence provide a mechanism for sorting through the mass of information that could be presented at trial, winnowing irrelevancies, and excising potentially distracting or unfairly prejudicial material. They also reflect basic tenets about how the finder of fact determines truth. For instance, the rules shield the jury from, or at least alert it to, some potentially unreliable sources. Most importantly for the purposes of this symposium, the evidence rules reflect and perpetuate deeply-held notions of who is sufficiently trustworthy to serve as a witness. The rules control who may testify, what the witnesses may say, and what sorts of questions may be asked of the witnesses on cross-examination.The scholars in this symposium address these questions from different angles, bringing to bear history, psychology, and a careful analysis of the recent Supreme Court cases on confrontation. They address five important themes: (1) the special status and rights of children as witnesses; (2) ways in which the special case of child witnesses illuminates contradictions, ambiguities, unresolved questions, and the unfortunate tendency towards all-or-nothing thinking in recent Supreme Court Sixth Amendment jurisprudence; (3) practical suggestions for balancing the interests of child witnesses and the rights of the accused in criminal cases; (4) an inquiry into the fate of pre-Crawford cases, most importantly Maryland v. Craig;2 and (5) a critique of the uses and abuses of historical research by the Supreme Court in its attempt to address issues of confrontation.
RENT SEEKING BY AGENTS OF THE FIRM

Abstract This study examines the role of managers’ political campaign contributions in relation to their firms’ tax benefits. The study differs from extant public choice literature that has not examined the role of self‐interested agents within the firm. Using a major tax law change, we find that firms’ political action committee contributions and individual managers’ campaign contributions are both positively associated with firm tax benefits (rents) at stake. We also observe these contributions to be an increasing function of managers’ wealth effects through the existence of bonus plans that are based on after‐tax earnings and ownership of the firm’s stock. The policy implications are that firms’ own tax benefits, as well as its managers’ individual wealth‐enhancing effects, may influence campaign contributions.
The Most Dangerous Power of the Prosecutor

This was the James D. Hopkins Memorial Lecture, delivered at Pace Law School, October 25, 2008. In preparing for this lecture, I reviewed some of my other lectures and writings over the past eight years. I wanted to see if the cases I will be discussing today were isolated events or part of a larger picture, to try to place the cases in some conceptual framework. I have concluded that these cases are not aberrations. They are not isolated deviations, disconnected from the legal and political abuses that have engulfed our nation these past eight years, particularly the abuses by the Executive Branch of our federal government, the erosion of the rule of law, and the threats to our civil liberties. There is a connection between these abuses and the specific topic I have assigned for my talk.
The benefits of a right to silence for the innocent

This article shows that innocent suspects benefit from exercising their right to silence during criminalproceedings.Wepresentamodelinwhichacriminalsuspectcaneithermakeastatement or remain silent during police interrogation. At trial, the jury observes informative but imperfect signals about the suspect’s guilt and the truthfulness of the suspect’s statement. We show that a right to silence benefits innocent suspects by providing them with a safer alternative to speech, as well as by reducing the probability of wrongful conviction for suspects who remain silent with and without a right to silence.
The role of property rights in determining the environmental quality-income relationship☆

article i nfo This paper examines the role of property rights in shaping the relationship between environmental quality and income. It develops an analytical framework that integrates the effects of property rights evolution, natural resource attributes, agent characteristics, and production technology on the environment-income relationship. The substantive strength of this framework lies in its ability to rationalize a wide range of environment-income relationships. The model shows that the U-shaped environment-income relationship, which is consistent with the Environmental Kuznets Curve (EKC) hypothesis, can arise only under specific model conditions. Thus the framework provides an additional explanation for non-universality of EKC. We provide evidence in support of our framework from case studies of various natural resources.