cssi/SciSciGPT-SciSciNet huggingface dataset:
Engaged Client-Centered Representation and the Moral Foundations of the Lawyer-Client Relationship

Thank you for inviting me here to speak with you today about engaged client-centered representation. I am going to talk about the continuities and discontinuities between the way lawyers and clients are viewed in the two worlds in which I live: the world of legal ethics scholarship and the world of clinical legal education. It is fitting that I get the opportunity to have this conversation at Hofstra, because Hofstra is a place with a rich tradition and history in both areas. I begin with a story that goes back to the beginning of legal ethics as we know it today: before the ABA promulgated the Model Rules of Professional Conduct; before Professional Responsibility courses were required in law schools; before states required mandatory CLE credits in ethics; and before legal scholars wrote systematically about the relationship between lawyers’ duties and lawyers’ roles in society and in our system of justice. Before that whole substructure of legal ethics analysis had been constructed, lawyers worked out the details of their professional responsibilities to clients and to the public in conversation with other lawyers engaged in the same kind of practice, trying to figure out together what it meant to be good lawyers. The story is about the consequences of a conversation among lawyers about their professional responsibilities. In the early 1960s, a
The Latin American Left's Mandate: Free-Market Policies and Issue Voting in New Democracies

The rise of the left across Latin America is one of the most striking electoral events to occur in new democracies during the last decade. Current work argues either that the left's electoral success stems from a thoroughgoing rejection of free-market policies by voters or that electorates have sought to punish poorly performing right-wing incumbents. Whether the new left has a policy or performance mandate has implications for the type of policies it may pursue in power and the voting behavior of Latin American electorates. Using a new measure of voter ideology called vote-revealed leftism (vrl ) and a time-series cross-sectional analysis of aggregate public opinion indicators generated from mass surveys of eighteen countries over thirteen years, the authors show that the left has a clear economic policy mandate but that this mandate is much more moderate than many observers might expect. In contrast to the generalized view that new democracies are of low quality, the authors reach the more optimistic conclusion that wellreasoned voting on economic policy issues and electoral mandates are now relevant features of politics in Latin America.
The Lawyer as Legal Scholar

Law professors love to talk about themselves. Rarely is this more evident than when they have a student audience. It is surprising, therefore, that only now has a full-time legal scholar, dedicated primarily to matters other than the topic of writing itself, produced an entire book of advice for the student scholar. InAcademic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers, Eugene Volokh, who teaches the law of the First Amendment, copyright law, and firearms regulation policy at the UCLA School of Law, has delivered an engaging, witty, and extremely useful book for the aspiring student note and article writer that is based, it clearly appears, on the model of scholarship that Volokh himself has so successfully pursued.
Returns to schooling in China under planning and reform

Abstract Using retrospective data covering the period from 1950 to 1994, we find that schooling returns declined prior to the Cultural Revolution (CR) and returns for non-college graduates becoming negligible. Returns to those with some college education remained low compared to other countries. Consistent with other studies, returns to schooling did not recover from their CR low until the 1990s. Increases in returns were not associated directly with changing jobs or with taking new-economy jobs. The workers most likely to leave jobs in the traditional ownership sector for jobs in the private or joint-venture categories were those who entered the labor force prior to 1967. Journal of Comparative Economics 33 (2) (2005) 265–277.
The Market Pricing of Other-Than-Temporary Impairments

ABSTRACT: When the fair value of an investment security falls below amortized cost and there is significant doubt that the firm can hold the security until the fair value recovers, an other-than-temporary impairment (OTTI) is recognized in net income. Thus, an OTTI is a disclosure about the prospect of recovering an unrealized loss. Our findings suggest that investors priced banks' OTTI recognition during and after the financial crisis. Investors were unable to fully anticipate reported OTTIs, and priced OTTIs incrementally to reported unrealized gains/losses. After banks were required to bifurcate OTTIs, investors priced only the portion of OTTI recognized in earnings. Our results suggest that reporting unrealized losses in earnings via an OTTI changes how investors price the losses. The results inform recent standard-setting initiatives to expand disclosure about changes in fair value. JEL Classifications: M41; M42; M44. Data Availability: Data are available from sources identified in the paper.
A weak dynamic programming principle for zero-sum stochastic differential games with unbounded controls

We analyze a zero-sum stochastic differential game between two competing players who can choose unbounded controls. The payoffs of the game are defined through backward stochastic differential equations. We prove that each player's priority value satisfies a weak dynamic programming principle and thus solves the associated fully nonlinear partial differential equation in the viscosity sense.
Idea or Practice: A Brief Historiography of Judicial Review

Judicial review may be the most publicly contested aspect of American constitutionalism. When courts void legislation, they implicitly seem to strike at the heart of the principle of separation of powers. The act inherently suggests that the elected legislature is not always the legitimate representative of the people and that democratic majoritarianism is not the fundamental principle of American politics. Because judicial review can be described in opposition to ideas often deemed fundamental to American constitutionalism, the origins of judicial review have intrigued scholars of politics, history, and law. For the last century, the origins inquiry has started from the assumption that the origins of judicial review lie in an idea, an intellectual doctrine about judicial power. In fact, the origins of judicial review lie in a pre-Revolutionary practice and idea of limited legislative authority.
Do differentiated performance standards help coal? CO2 policy in the U.S. electricity sector

Abstract A salient feature of the Clean Power Plan is that it imposes higher emission rate standards on coal power plants than it does on their natural gas counterparts. In this paper, I examine the consequences of this design feature by modeling a series of tradable performance standard policies. I analyze how fuel-based standard differentiation affects compliance incentives and the regulatory burden on coal stakeholders through three key outcomes: coal usage, coal plant profits, and electricity prices. Analysis of a simple analytic model shows that differentiation, compared to a policy with a uniform standard for all fuel types, always increases coal usage, but price and profit impacts are ambiguous. To quantify these outcomes, I construct and implement a detailed simulation model of the U.S. wholesale electricity market. Simulation results suggest that differentiation increases coal usage modestly, increases coal plant profits well beyond the no-regulation level, and increases electricity prices in almost every region of the country.
More Order with Less Law: On Contract Enforcement, Trust, and Crowding

Most contracts, whether between voters and politicians or between house owners and contractors, are incomplete. “More law,” it typically is assumed, increases the likelihood of contract performance by increasing the probability of enforcement and/or the cost of breach. We examine a contractual relationship in which the first mover has to decide whether she wants to enter a contract without knowing whether the second mover will perform. We analyze how contract enforceability affects individual performance for exogenous preferences. Then we apply a dynamic model of preference adaptation and find that economic incentives have a nonmonotonic effect on behavior. Individuals perform a contract when enforcement is strong or weak but not with medium enforcement probabilities: Trustworthiness is “crowded in” with weak and “crowded out” with medium enforcement. In a laboratory experiment we test our model’s implications and find support for the crowding prediction. Our finding is in line with the recent work on the role of contract enforcement and trust in formerly Communist countries.
Marxism as a capitalist tool

Just as the two sides in the Cold War agreed that Capitalism and Communism were “the” two alternatives, so the two sides in the intellectual Great Debate agreed on a common framing of questions with the defenders of capitalism taking one side and Marxists taking the other. From the viewpoint of economic democracy (e.g., a labor-managed market economy), this late Great Debate between capitalism and socialism was as misframed as would be an antebellum Great Debate between the private or public ownership of slaves. The Great Debate between capitalism and socialism is now in the dustbin of intellectual history, but Marxism still plays an important role in sustaining the misframing of the questions so that the defenders of the present employment system do not have to face the real questions that separate that system from a system of economic democracy. In that sense, Marxism has become the ultimate capitalist tool.
Corporate Power Unbound: Investor-State Arbitration of IP Monopolies on Medicines - Eli Lilly v. Canada and the Trans-Pacific Partnership Agreement

Despite the deep irony of free trade agreements being subverted to codify and extend anti-competitive monopoly rights and despite the equally deep irony of foreign investors having greater enforcement rights than local investors, the joining of enhanced intellectual property rights (IPRs) and protections and strengthened investor rights is creating a wild-west opportunity for unbounded corporate power. Two current contestations show the dangers of this expanded power in sharp relief. In the Trans-Pacific Partnership Agreement (TPPA), at the behest of its powerful pharmaceutical lobby, the United States is seeking the most extreme forms of pharmaceutical patent, data, and enforcement rights that have ever been proposed at the same time that it is seeking enhanced IP-related investor rights in the most recently leaked Investment Chapter. In the pending investor-state-dispute-settlement case under an older but parallel North America Free Trade Agreement (NAFTA) investment clause, an American pharmaceutical company, in Eli Lilly v. Canada, is for the first time claiming $500 million in investment-related damages because of Canada’s sovereign decision to invalidate previously granted patents on two medicines on the grounds that those patents failed to meet well-established Canadian standards of patentability.This article is not written as an abstract juxtaposition of these two current events. It is written to expose the dangers that countries face, especially low- and middle-income countries, in trade negotiations with the U.S., Europe, and Japan that seek to impose stronger patent, data, and market entry protections and at the same time seek to expand the armamentarium of enforcement powers available to pharmaceutical behemoths. Part II of the paper contains a brief introduction to the international IP regime, namely the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the TRIPS-plus pharmaceutical protections being sought in the mostly recently leaked TPPA Intellectual Property Chapter and Transparency Chapter still being negotiated between twelve Pacific rim countries. Part III gives a brief historical background on investment treaties and investor-state-dispute-settlement (ISDS). Part IV analyses the TPP Investment Chapter in more depth, particularly its provisions that deal with protection for and enforcement of IP-related investments. Part IV discusses the pending Eli Lilly v. Canada ISDS arbitration, including the claims and defenses of the parties. Part V concludes with a recommendation that investment chapters be struck from the TPP and other trade agreements or that such chapters should not apply whatsoever to the protection or enforcement of IPRs given the many other enforcement powers available to patent holders. The article claims that extending boundless corporate power to Big Pharma through adoption of ISDS for IPRs presents a grave danger to the communal right to health and the right of access to affordable medicines for all.
Predicting nominal exchange rate movements using skewness information from options prices

This paper uses a measure of the relative price of out-of-the-money (OTM) European put and call currency options to forecast daily movements in the dollar/euro exchange rate over the period of January 2002–June 2004. As these OTM options are pure bets on future movements of the exchange rate, their relative price contains information about the market's estimate of the relative probabilities of appreciation or depreciation of the euro over the life of the options. Forecasts that include the relative price of the OTM options offer significantly better out-of-sample predictions of tomorrow's exchange rate than either the simple random walk or an interest rate parity model. These results offer new insight into the puzzle of the day-to-day volatility of currency prices that should be driven by slow-moving macro fundamentals. Copyright © 2009 John Wiley & Sons, Ltd.
Vertical Inequity in Property Taxation: A Neighborhood Based Analysis

This paper applies a model to test for vertical inequity in property taxes using a set of residential sales from Bloomington, Indiana. The initial purpose is to compare results with those using the presently accepted regression approach as applied by Smith, B. C. (2000). (See Journal of Real Estate Research 19(3), 321–344, to the same data.) The new outcomes demonstrate there can be significant inequity in a jurisdiction that remains hidden under previous testing methods. Also, the new procedure generates multipliers to adjust for identified inequities. Findings imply that tests for value-related inequity in property tax assessment should be conducted using multiple spatial scales.
Optimal advertising and pricing in a new-product adoption model

A model of new-product adoption is proposed that incorporates price and advertising effects. An optimal control problem that uses the model as its dynamics is solved explicitly to obtain the optimal price and advertising effort over time. The model has a great potential to be used in obtaining solutions and insights in a variety of differential game settings.
Was Mancur a Maoist? An Essay on Kleptocracy and Political Stability

Much of Mancur Olson's work explored the link between government structure and economic development. This paper provides a framework for thinking about this link that exposes both the powerful insights and the deep tensions in Olson's work. In The Rise and Decline of Nations Olson argued that instability was good for democratic accountability because it upset entrenched interests. In contrast, after the fall of the socialist regimes in Europe and the Soviet Union, Olson argued that the stability of a single autocrat or “stationary bandit” was superior to the competitive rent seeking of competing “roving bandits.” I argue that there is a real inconsistency in Olson's thinking on the role of stability and change in political life; I do this by developing the connections between Olson's classic Logic of Collective Action and his subsequent writing. The paper concludes by building on Olson's insights to point the way to a more complete analysis of democracy and transition.
Overcoming Our Global Disability in the Workforce: Mediating the Dream

The unparalleled global support for the 2008 United Nations Convention on the Rights of Persons With Disabilities (“CRPD”) highlights the global schism between the public extolling of human rights for individuals with disabilities and the private castigating of such individuals in their daily lives and in the workforce. The CRPD explicitly mandates that work is a right accorded to individuals with disabilities, and global employers are now being challenged to implement that right. Yet, in order
Triptych: Sectarian Disputes, International Law, and Transnational Tribunals in Drinan's "Can God and Caesar Coexist?"

This essay is part of a written symposium in honor of Father Robert Drinan, S.J., book "Can God and Caesar Coexist?" The symposium also includes essays by professors Elizabeth Defeis and Mark Janis, as well as a responsive essay by Father Drinan, one of his last published pieces. This essay focuses on Father Drinan's proposal to establish a transnational tribunal for the protection of religious freedom. Part I of this essay considers Father Drinan's proposal as part of the modernist tradition of international legal jurisprudence. Aspects of Father Drinan's argument are especially similar to conceptions of international law elucidated by Hersch Lauterpacht, perhaps the greatest twentieth-century exponent of legal modernism. Both Lauterpacht and Drinan draw from a worldview defined by the European Enlightenment and the start of what is commonly called the Age of Reason. After situating the proposals of "Can God and Caesar Coexist?" within international law's tradition, Part II turns to a pair of relatively recent methods of criticizing the traditional view of international law: rational choice theory and so-called critical or new stream perspectives on international law. Although these perspectives have at times been linked with politically conservative (rational choice theory) and liberal (new stream) viewpoints, Part II argues that they are better understood as atavistic conceptions of law that have earlier manifestations in the theories of the Enlightenment philosophies and of their Romantic critics. As such, legal modernism, new stream theory, and rational choice perspectives are methodological siblings, borne of the Age of Reason and now squabbling over the intellectual inheritance of their parents. They may be better off sharing the wealth and helping each other. With this discussion as a base, Part III returns to Father Drinan's proposal and considers how it may profit from the perspectives of rational choice and the new stream, as well as insights from transnational legal process and legitimacy theory. I use these theories to highlight an underlying tension in Father Drinan's proposal - the attempt to use rationalist/universalist tools to defend particular conceptions of the good. Referring to recent debates on the effectiveness of transnational tribunals, I ask whether legalization and the use of a tribunal would actually be counter-productive in this instance. Conversely, while Father Drinan's proposal has its difficulties, new stream and rational choice theorists can learn from his mainstream/modernist methodology in considering how to address the sectarian struggles of today. Father Drinan's proposal may not be perfect, but it does present a clear path towards attempting to resolve actual problems. Bridging theory with practice remains one of the enduring parts of Father Drinan's scholarship and the ongoing process of trying to find a solution may be all the solution that exists.
The Practice of Brand Extension Through Licensing: The Spalding Challenge

Abstract In this case study, the Russell Corporation's acquisition of Spalding creates an opportunity for Spalding's marketing staff to reevaluate their licensing strategy. Prior ownership has heavily leveraged the equity of the Spalding brand to generate maximum licensing revenues with a minimal concern for the long-term impact on the brand. Placed in the position of Spalding's Vice President for Marketing, the reader must grapple with strategic licensing factors such as the rise of the big-box retailer in distribution channels and product category congruence across extensions. Ultimately, with several licensing contracts up for renewal, a decision on the future direction of the Spalding brand must be outlined and defended in a presentation to the executives at Russell.
Food prices and body fatness among youths

We examine the effect of food prices on clinical measures of obesity, including body mass index (BMI) and percentage body fat (PBF) measures derived from bioelectrical impedance analysis (BIA) and dual energy X-ray absorptiometry (DXA), among youths ages 12 through 18 in the National Health and Nutrition Examination Survey. This is the first study to consider clinically measured levels of body composition rather than BMI to investigate the effects of food prices on obesity outcomes among youths classified by gender and race/ethnicity. Our findings suggest that increases in the real price per calorie of food for home consumption and the real price of fast-food restaurant food lead to improvements in obesity outcomes among youths. We also find that a rise in the real price of fruits and vegetables leads to increased obesity. Finally, our results indicate that measures of PBF derived from BIA and DXA are no less sensitive and in some cases more sensitive to the prices just mentioned than BMI, and serve an important role in demonstrating that rising food prices (except fruit and vegetable prices) are indeed associated with reductions in obesity rather than with reductions in body size proportions alone.
On the consistency of short-run and long-run exchange rate expectations

Abstract This paper examines whether short-term exchange rate expectations ‘overreact’ by comparing them with long-term expectations. We develop a set of nonlinear restrictions linking expectations at different forecast horizons. The restrictions impose consistency, a property weaker than rationality. We use exchange rate survey data to measure expectations and then test whether consistency holds. The data show that a current, positive exchange rate shock leads investors to expect a higher long-run future spot rate when iterating forward their short-term expectations than when thinking directly about the long run. In this sense short-horizon expectations may overreact to current exchange rate changes.
What are the odds? A measure of the small sample problems

Decisions on whether to retain recent hires are often limited by small sample size. We empirically assess whether uncertainty in employee retention decisions could be significantly reduced by increasing sample size. Using a unique data set from professional tennis matches to measure small sample outcomes, we find little difference in giving three chances, relative to five chances, in determining innate ability.
Chronicle of currency collapses: Re examining the effects on output

Abstract The impact of currency collapses (i.e. large nominal depreciations or devaluations) on real output remains unsettled in the empirical macroeconomic literature. This paper provides new empirical evidence on this relationship using a dataset for 108 emerging and developing economies over the period 1960–2006. We provide estimates of how these episodes affect growth and output trend. Our main finding is that currency collapses are associated with a permanent output loss relative to trend, which is estimated to range between 2% and 6% of GDP. However, we show that such losses tend to materialize before the drop in the value of the currency, which suggests that the costs of a currency crash largely stem from the factors leading to it. Taken on its own (i.e. ceteris paribus ), we find that currency collapses tend to have a positive effect on output. More generally, we also find that the likelihood of a positive growth rate in the year of the collapse is over two times more likely than a contraction, and that positive growth rates in the years that follow such episodes are the norm. Finally, we show that the persistence of the crash matters, i.e. one-time events induce exchange rate and output dynamics that differ from consecutive episodes.
Religion: productive or unproductive?

In this paper, we investigate the relationships between informal institutions – proxied for by measures of religiosity – and levels of entrepreneurial activity, both productive and unproductive, using cross-section US state-level data. In doing so, we evaluate Baumol's (1990) conjectures on the role of institutions in determining whether entrepreneurs will channel their efforts toward wealth-generating activities or toward zero- or negative-sum rent-seeking. We distinguish between measures of both the belief (e.g., the frequency of prayer) and belonging (e.g., church attendance) that have been stressed by authors such as Barro and McCleary (2003). We find that several religious variables significantly and negatively correlate with a state's productive entrepreneurship score. Alternatively, most religious variables in our data do not correlate significantly with unproductive entrepreneurship. We also find that the percent of individuals reporting as atheist/agnostic is positively associated with productive entrepreneurship.
How Should the WTO Launch and Negotiate a Future Round

If WTO Members wish to launch a new round to follow Doha, setting the agenda will require a complex negotiation as in the past, however Doha ends. To reduce the serious information problems they face and prepare the way, advocates should commission an independent research team to produce a comprehensive negotiation analysis before they decide to move further. Reaching an agreement on an agenda will depend on the procedural rules that apply in the agenda negotiation and the subsequent Round. They should consider four rules that seem legitimate today and most likely to help Members find a joint-gain agenda. Reaching an agenda agreement could also depend in part on decisions by WTO chairs during this negotiation. Experience illustrates the potentials and possible pitfalls for them to avoid.
DOMA and the Internal Revenue Code

The Defense of Marriage Act (DOMA) provides that under federal law, same-sex marriages will not be recognized. Yesterday, a federal district court essentially ruled that DOMA is unconstitutional. In this lawsuit, filed by Gay and Lesbian Advocates and Defenders (GLAD) on behalf of multiple plaintiffs, four same-sex married couples challenged the refusal by the IRS to accept their joint income tax returns. They went through all the proper steps to mount this challenge. That is, they filed as single taxpayers, as required by DOMA, and then filed amended returns claiming that DOMA was unconstitutional. The IRS denied the refunds that the amended joint returns would have produced and so the plaintiffs filed suit in federal district court seeking their refunds. For these four couples, filing jointly would have provided a tax benefit.
Analyst reputation and the issuance of disaggregated earnings forecasts to I/B/E/S

Although sell-side analysts privately forecast revenues and expenses when producing earnings forecasts, not all analysts choose to provide I/B/E/S with earnings forecasts disaggregated into revenues and expenses. We investigate the role of reputation in explaining this decision. We find that analysts without established reputations are more likely than reputable analysts to issue disaggregated earnings forecasts to I/B/E/S, consistent with I/B/E/S exposure benefits accruing to analysts seeking to establish a reputation. Among less reputable analysts, those with high ability are more likely to disaggregate, consistent with this group reaping greater benefits from the exposure I/B/E/S provides. Additional tests support our primary hypotheses. Among less reputable analysts, those who disaggregate are more (less) likely to be promoted (demoted or terminated). The stock market responds similarly, with more weight assigned to earnings forecast revisions provided by analysts who disaggregate their earnings forecasts.
Charitable Estate Planning as Visualized Autobiography: An fMRI Study of Its Neural Correlates

This first ever functional magnetic resonance imaging (fMRI) analysis of charitable bequest decision-making found increased activation in the precuneus and lingual gyrus of the brain compared to charitable giving and volunteering decisions. Greater lingual gyrus activation was also associated with increased propensity to make a charitable bequest. Previous studies have shown that activation of these brain regions is related to taking an outside perspective of one’s self, recalling the recent death of a loved one, and recalling vivid autobiographical memories across one’s life. We propose that bequest decision-making is analogous to visualizing the final chapter in one’s autobiography and that fundraisers may do well to emphasize donors’ autobiographical connections with the charity. Due to inherent mortality salience, people may resist creating this final chapter, but once engaged may seek to leave an enduring legacy.
Geometric matching and spatial pricing in ride-sourcing markets

Abstract This paper develops a model to investigate the effects of spatial pricing on ride-sourcing markets. The model is built upon a discrete time geometric matching framework that matches customers with drivers nearby. We demonstrate that a customer may be matched to a distant vehicle when demand surges, yielding an inefficient supply state. We further investigate market equilibrium under spatial pricing assuming a revenue maximizing platform, and find that the platform may resort to relatively higher price to avoid the inefficient supply state if spatial price differentiation is not allowed. Although spatial pricing facilitates market clearing, the platform may still set price more than the efficient level, which compromises the public interest. We then propose a commission rate cap regulation that reaps the flexibility of spatial pricing and can achieve the second best under some homogeneity assumptions.
Caster Semenya and the Myth of a Level Playing Field

In August of 2009, policies and procedures to verify the sex of female athletes were called into question when South African runner Caster Semenya won the 800 meter event of the World Championships in Berlin. Responding to rumors of gender fraud, and fueled by Semenya’s speed, musculature, and deep voice, the International Association of Athletics Federations (IAAF) requested that Semenya submit to sex verification to confirm her eligibility for the women’s division.2 Some saw the suspicion cast on Semenya as the product of intersecting racism and sexism, namely, Semenya’s failure to conform to standards of white femininity and to stereotypes about women’s inferior athleticism. The scrutiny of Semenya’s personal life is reportedly taking a heavy toll, as evidenced by reports that she has gone into hiding due to the distress and embarrassment generated by the controversy. Underscoring concerns for Semenya’s emotional wellbeing are comparisons of Semenya to Santhi Soundarajan, an Indian runner who was stripped of her silver medal in the 2006 Asia Games after failing a sex test and was later rumored to have attempted suicide.3 The IAAF did not publicize its sex-verification testing methods, but according to its policy, an athlete whose sex is challenged or raises suspicion can be asked to submit to a multidimensional medical evaluation conducted by a panel comprised of a gynecologist, endocrinologist, psychologist, internal medicine specialist, and an “expert on gender/transgender issues.”4 While the IAAF will not officially disclose the results of these tests,5 unconfirmed reports leaked to the media suggest that Semenya has an intersex condition related to the presence of internal testes and testosterone levels that are higher (perhaps three times higher) than those of the average woman. In November of 2009 the IAAF announced that Semenya would not lose the gold medal and prize money she won in Berlin.6 Shortly thereafter, the International Olympic Committee (IOC) held a conference but was not successful in producing guidelines to help governing bodies address the eligibility of athletes with “disorders of sex development.”7 The IAAF recently cleared Semenya to run in future events.8 Still, the confidential nature of the decision, coupled with a failure to repudiate current policy allowing for sex-verification testing on a case-bycase basis, holds open the possibility that the IAAF could disqualify other athletes for failing a sex verification test, even without accompanying evidence or a charge that the athlete or her agents intentionally attempted to deceive the sporting world as to her sex. Similarly, the IOC allows
Litigation Costs and Returns to Experience

We develop a model linking maximum damage awards available to plaintiffs in wrongful termination lawsuits, workers' propensity to sue as a function of experience, and returns to experience. Using Equal Employment Opportunity Commission data on protected-worker discrimination complaints and labor-market data from the Current Population Survey, we examine how returns to experience among protected workers changed around the passage of the Civil Rights Act of 1991. We show that employers' reactions to employment protections may induce redistributive effects. Furthermore, these effects operate not merely across groups of differing protected status, but also within groups of identical protected status.
Growth and inequality: Dependence on the time path of productivity increases (and other structural changes)☆

Abstract This paper examines the significance of the time path of a given productivity increase on growth and inequality. Whereas the time path impacts only the transitional paths of aggregate quantities, it has both transitional and permanent consequences for wealth and income distribution. Hence, the growth–inequality tradeoff generated by a given discrete increase in productivity contrasts sharply with that obtained when the same productivity increase occurs gradually. The latter can generate a Kuznets-type relationship between inequality and per-capita income. Our results suggest that economies with similar aggregate structural characteristics may have different outcomes for income and wealth inequality, depending on the nature of the productivity growth path.
Court-Connected Arbitration in the Superior Court of Arizona: A Study of Its Performance and Proposed Rule Changes

This article reports the findings of an empirical study of arbitration in Arizona's general jurisdiction civil trial courts. The study found that the arbitration program's primary goals of providing faster and less expensive resolution of cases, reducing the court's workload, and maintaining or enhancing the satisfaction of users, were not entirely being met. Many cases did not meet arbitration deadlines and court case processing time standards. Most cases eligible for arbitration concluded before a hearing was held, and those cases that had a hearing seemed more likely to have been diverted from settlement than from trial. Consequently, the arbitration program was likely to affect the court's workload in a relatively small proportion of cases, was more likely to reduce the use of court pretrial rather than trial resources, and was unlikely to substantially reduce litigants' costs. But arbitration did increase access to a hearing on the merits. Lawyers who represented clients in arbitration had generally favorable assessments of the process and award, but expressed concerns about the adequacy of arbitrators’ knowledge of both substantive issues and arbitration procedures. A majority of lawyers favored retaining compulsory arbitration and some of its basic components but changing policies relating to arbitrator service and assignment. These findings, which were consistent with studies in other jurisdictions, suggest that court-connected arbitration does not have negative consequences, but also does not consistently or substantially improve the effectiveness and efficiency of dispute resolution.
Taxation and Executive Compensation: Evidence from Stock Options

Abstract Understanding the effects of taxes on executive compensation provides insight into the process determining this compensation and is a key input to top income tax rate policy. A 2010 tax reform in Canada, which greatly increased the effective tax rate on stock option compensation for a subset of firms, provides a natural experiment with which to address this issue. Difference-in-differences estimates suggest that this tax increase resulted in an immediate reduction in both stock option grants and the fraction of total compensation made up of stock options with limited, if any, substitution towards other components of compensation.
Taxing Top CEO Incomes

We use a firm-CEO assignment framework to model the market for CEO effective labor. In the model's equilibrium, more talented CEOs match with and supply more effort to larger firms. Taxation of CEO incomes affects the equilibrium pricing of CEO effective labor and, hence, spills over and affects firm profits. Absent the ability to tax profits or a direct concern for firm owners, a standard prescription for high marginal income taxes emerges. However, given such an ability or concern, the optimal marginal tax rates are much lower.
Innovation Benefits from Nuclear Phase-out: Can they Compensate the Costs?

This paper investigates whether an inefficient allocation of abatement due to constraints on the use of currently available low carbon mitigation options can promote innovation in new technologies and have a positive impact on welfare. We focus on the case of a nuclear power phase-out and endogenous technical change in energy efficiency and alternative low carbon technologies. The research is inspired by the re-thinking about nuclear power deployment which took place in some countries, especially in Western Europe, after the Fukushima accident in March 2011. The analysis uses an Integrated Assessment Model, WITCH, which features multiple externalities related to greenhouse gas emissions and innovation market failures. Our results show that phasing out nuclear power stimulates R&D investments and deployment of technologies with large learning potential. The resulting technology benefits that would not otherwise occur due to intertemporal and international externalities almost completely offset the economic costs of foregoing nuclear power. The extent of technology benefits depends on the stringency of the climate policy and is distributed unevenly across countries.
Tournament group identity and performance: The moderating effect of winner proportion

Tournament incentives are common in organizations, and how characteristics of the tournament group (e.g., tournament group identity) and the tournament incentives (e.g., winner proportion) affect tournament performance are of both practical and theoretical importance. We conduct two experiments in which participants compete for tournament rewards against others in their group. In both experiments, we manipulate the strength of participants' identity with their fellow group members and whether the tournament has a small winner proportion with a single reward or a large winner proportion with multiple rewards. In Experiment 1, we find increasing tournament group identity leads to higher other-regarding preference. We also find other-regarding preference decreases competitiveness more in a large winner proportion tournament compared to a small winner proportion tournament. In Experiment 2, we find increasing tournament group identity decreases performance in a real-effort task under a large winner proportion tournament, but it has no effect on performance under a small winner proportion tournament. Together, the two experiments suggest that increasing tournament group identity increases other-regarding preference, and other-regarding preference has a larger negative impact on competitiveness and hence, tournament performance when the winner proportion is large than when it is small. Our results highlight for managers the importance of considering group identity when determining tournament winner proportions.
China’s Unhappy Police

Facing heavy caseloads, administrative drudgery, and low pay, China’s street-level police are frustrated. Front-line officers from six cities report that discontent encourages shirking, corruption, and waste. Grievances and feelings of powerlessness have not been reduced by recent reforms, and give us cause to rethink the image of police as effective arms of a highly securitized state.
On Law's Tiebreakers

Tiebreakers are familiar tools for decisionmaking. Ready examples include penalty shootouts in soccer matches and vice presidents breaking tie votes in the Senate. But we lack a precise understanding of the concept and a normative theory for the use of tiebreakers. This Article strictly defines a tiebreaker as a kind of lexically inferior decision rule and then builds justifications for tiebreaking decision structures. Concentrating on situations in which ties are considered intolerable, the Article suggests methods for either preventing ties or designing sensible tiebreakers. As to the latter, tradeoffs are identified for the use of random variables, morally relevant variables, and doublecounted variables within a lexically inferior decision rule. Finally, the Article applies its conceptual and normative lessons to three problems: the best design for affirmative action programs, the proper interpretive method for legal texts, and the core function of adjudication. The closing sections evaluate law and adjudication as one large tiebreaker for the rest of social life, with contrasts and comparisons to some other major theories for the mission of courts in the United States.
The Secret History of Constitutional Dignity

In their 1937 constitution, the Irish gave human dignity foundational placement, as a religiously-inspired root concept connected (as in the later West German case of 1949) to the subordination of the otherwise sovereign democratic polity to God, and for many to the moral constraints of his natural law. This essay takes up this neglected but revealing fact. It is critical that dignity came to the world as part of the establishment of an alternative, religious constitutionalism; this newer constitutionalism crystallized precisely in the 1930s when it seemed to many as if secular liberalism had no future. To understand the original meaning of constitutional dignity, in summary, it is necessary to attend to the confusing years just before war and genocide, for it was a response to different circumstances. The most illuminating context for the move to constitutional dignity, it turns out, is not in the shocked conscience “after Auschwitz” but in political Catholicism before it, which remained its dominant framework for decades, when the Holocaust still did not figure in moral consciousness. Focusing on dignity's Irish constitutionalization shows why this matters.
A Potential Lesson from the Israeli Experience for the American Same-Sex Marriage Debate

In the past decade American marriage law has been the arena for a major controversy regarding same-sex marriage. 1 Typically, liberals tend to support same-sex marriage, 2 while conservatives oppose it. 3 The liberal-conservative dispute concerning same-sex marriage is usually related to a broader debate on the legitimacy of limiting the possibilities for marrying. Liberals present marriage as a private arrangement between the partners, 4 and they therefore oppose restricting the right to marry with classic liberal arguments about individual freedom, equality, and privacy. 5 The opponents of same-sex marriage, in contrast, 6 seek to
Evaluation and Combination of Conditional Quantile Forecasts

We propose an encompassing test for comparing conditional quantile forecasts in an out-of-sample framework. Our test provides a basis for forecast combination when encompassing is rejected. Its central features are (1) use of the “tick” loss function, (2) a conditional approach to out-of-sample evaluation, and (3) derivation in an environment with asymptotically nonvanishing estimation uncertainty. Our approach is valid under general conditions; the forecasts can be based on nested or nonnested models and can be obtained by general estimation procedures. We illustrate the test properties in a Monte Carlo experiment and apply it to evaluate and compare four popular value-at-risk models.
A Formal Theory of Strategy

What makes a decision strategic? When is strategy most important? This paper formally studies these questions, starting from a functional definition of strategy as the smallest set of choices to optimally guide or force other choices. The paper shows that this definition coincides with the equilibrium outcome of a "strategy formulation game," in which such strategy endogenously creates a hierarchy among decisions. With respect to what makes a decision strategic and what makes strategy valuable, the paper considers the effect of commitment, reliability, and irreversibility of a decision; the presence of uncertainty and the type of uncertainty; the number and strength of its interactions and the centrality of a decision; its level and importance; the development of capabilities; and competition. This paper was accepted by Bruno Cassiman, business strategy.
The Changing Role of the WORLD BANK in Global Health

The World Bank began operations on June 25, 1946. Although it was established to finance European reconstruction after World War II, the bank today is a considerable force in the health, nutrition, and population (HNP) sector in developing countries. Indeed, it has evolved from having virtually no presence in global health to being the world's largest financial contributor to health-related projects, now committing more than $1 billion annually for new HNP projects. It is also one of the world's largest supporters in the fight against HIV/AIDS, with commitments of more than $1.6 billion over the past several years. I have mapped this transformation in the World Bank's role in global health, illustrating shifts in the bank's mission and financial orientation, as well as the broader changes in development theory and practice. Through a deepened understanding of the complexities of development, the World Bank now regards investments in HNP programs as fundamental to its role in the global economy.
Giving Credit Where Credit Is Due: Applying the Proper Set-Off Rules in FELA and Jones Act Cases After AmClyde, Ayers, and Schadel

This article analyzes an issue that Courts have recently begun grappling with in cases brought under the Federal Employers' Liability Act (FELA) and the Jones Act: what sort of credit, if any, should a jointly and severally liable FELA or Jones Act defendant receive for settlements that the plaintiff has made with negligent third parties?The article analyzes the Supreme Court cases of McDermott, Inc. v. AmClyde, and Norfolk & Western Railway Co. v. Ayers, as well as the recent Seventh Circuit case of Schadel v. Iowa Interstate Railroad, Ltd., and several others that have adopted Schadel's holding. The article argues that Schadel and its progeny are incorrect and asserts that courts should apply AmClyde's proportionate share set-off rule in FELA and Jones Act cases, not the pro-tanto method endorsed by Schadel.