cssi/SciSciGPT-SciSciNet huggingface dataset:
Blaming Culture for Bad Behavior

This essay examines cases of both voluntary and forced marriages of teenagers to older men, and analyzes the different narratives that emerge when the actors are white Americans and immigrants of color. In Texas, a fourteen-year-old woman and twenty-two-year-old man who were Mexican immigrants were considered to have a common law marriage that served as a defense to a charge of statutory rape. This marriage was understood to be a product of "Mexican culture," even though Texas culture, as embodied in statute, resolved the case. In contrast, when in Maryland a thirteen-year-old married a twenty-nine-year-old man in a formal marriage, the marriage was not considered to be a product of a classless "white culture." The essay then examines two cases of forced marriage of adolescents, the first involving two teenaged sisters, forced by their Iraqi immigrant father to marry older men; the second involving a fifteen-year-old in a splinter Mormon sect forced by her father to marry her uncle as his fifteenth wife. The first case was depicted as illustrating a multiculturalism run amok; the second, while condemned, was not similarly considered to threaten long-standing American values. The essay examines why people of color are more likely thought to be governed by cultural dictates, so that "bad behavior" is selectively blamed on culture. It discusses how this assumption facilitates the presumption that feminism and multiculturalism are values that lie in tension, and concludes by arguing that the equation of racialized immigrant culture with sex subordination exaggerates the prevalence of sex subordination in immigrant communities at the expense of recognizing the universality of gendered subordination.
The poem as complex blend: conceptual mappings of metaphor in Sylvia Plath’s ‘The Applicant’

This article aims to show that Fauconnier and Turner’s conceptual integration network or ‘blending’ theory can provide an integrated and coherent account of the cognitive mechanisms by which poetry...
The Declining Equity Premium: What Role Does Macroeconomic Risk Play?

Aggregate stock prices, relative to virtually any indicator of fundamental value, soared to unprecedented levels in the 1990s. Even today, after the market declines since 2000, they remain well above historical norms. Why? We consider one particular explanation: a fall in macroeconomic risk, or the volatility of the aggregate economy. Empirically, we find a strong correlation between low-frequency movements in macroeconomic volatility and low-frequency movements in the stock market. To model this phenomenon, we estimate a two-state regime switching model for the volatilityandmeanofconsumptiongrowth,andfindevidenceofashifttosubstantially lower consumption volatility at the beginning of the 1990s. We then use these estimates from postwar data to calibrate a rational asset pricing model with regime switches in both the mean and standard deviation of consumption growth. Plausible parameterizations of the model are found to account for a significant portion of the run-up in asset valuation ratios observed in the late 1990s. (JEL G12) It is difficult to imagine a single issue capable of eliciting near unanimous agreement among the many opposing cadres of economic thought. Yet if those who study financial markets are in accord on any one point, it is this: the close of the 20th century marked the culmination of the greatest surge in equity values ever recorded in U.S. history. Aggregate stock prices, relative to virtually any indicator of fundamental value,
Fit Between Organization Design and Organizational Routines

Despite decades of research on both organization design and organizational routines, little research has analyzed the relationship between them. Here we propose a normative theory in which the effectiveness of organization design and redesign depends on the characteristics of routines. The analysis shows which types of organization designs may be useful as well as which design changes may or may not succeed depending on (a) the specificity of routines and (b) the dynamic versus static purposes of organizational routines.
Constitutional Considerations: Government Responsibility and the Right Not to be a Victim

Within a democratic society, citizens are provided with certain rights and liberties. Among those rights and liberties is the right not to be a victim. In this article, the author examines and analyzes the growing concern for the protection of victims of crimes. Recent legislative enactments have been designed to alter the role of the victim in the civil and criminal justice systems by defining and implementing a series of "victims' rights." The author concludes by recognizing that one of the most important duties of government is to provide for the physical safety of those within its jurisdiction. To implement this duty, the interest and consequential standing of the victim must be recognized within the American court system.
Has County Sanitation District (No. 2) v. Los Angeles County Employees Association Trashed the Traditional Prohibitions upon Public Sector Strikes

Until recently, the majority of courts in the U.S. regularly found public sector strikes contrary to the common law. In 1985, the California Supreme Court concluded that the common law prohibitions against public sector strikes should no longer be recognized in that state. County Sanitation District (No. 2) v. Los Angeles County Employees Association also raised several constitutional considerations to justify public sector strikes. The question remains whether this decision rests on solid theoretical foundations. This paper examines the common law principles prohibiting public sector strikes, discusses whether recent case law has eroded these traditional common law justifications, surveys and evaluates several constitutional arguments initially proposed fifteen years ago by Judge Skelly Wright, and reaches the conclusion that neither the expansive growth of government into areas considered by some to be nontraditional nor our rapidly changing socio-economic situation has eroded the traditional common law prohibitions. The author further suggests that the right to strike does not emanate from enumerated constitutional rights.
The Right of Privacy in Arkansas: A Progressive State

From its beginning in the early years of the twentieth century, privacy law has been shaped and influenced by societal norms. As developments in technology continue to enable widespread media publicity, electronic surveillance, and instant global telecommunications, privacy interests and their protections have claimed increasing public attention. Arkansas was a relative latecomer to the field of privacy law, first acknowledging the state common law right of privacy in 1962. In the years since, Arkansas courts have generally interpreted the common law right consistent with the four distinct privacy torts identified and defined by the American Law Institute in the Restatement (Second) of Torts. Forty years after recognizing the common law right, Arkansas was among the first to interpret its state constitution to guarantee a fundamental right of privacy with respect to decision making about intimate consensual adult relationships. The Arkansas Supreme Court continues to clarify the scope of the state constitutional right, most recently interpreting it to ensure that households with cohabiting unmarried couples are not categorically barred from serving as foster parents. Whether the fundamental right of privacy implicit in the Arkansas Constitution extends to informational privacy, procreational decision making, or other privacy interests remains to be seen. The Arkansas Supreme Court has taken the lead in delineating the progressive state of privacy law in Arkansas. Yet challenging new issues are on the horizon. Recent enactments of the Arkansas General Assembly restricting abortion rights will no doubt test the limits of the state constitutional right of privacy. The United States Supreme Court’s recent decision holding the federal statutory definition of marriage unconstitutional as a violation of the Fifth Amendment’s Due Process Clause raises important privacy-related issues for Arkansas and other states with respect to defining the traditional institution of marriage. Finally, the new Restatement (Third) of Torts is well underway by the American Law Institute, which may suggest further opportunities for expanding the reach of privacy rights in Arkansas.
When Is When?: 8 U.S.C. § 1226(C) and the Requirements of Mandatory Detention

Over the past several decades, immigration law has come to resemble criminal law in a number of ways. Most significantly, the current statutory regime allows the U.S. Attorney General (AG) to detain noncitizens during their removal proceedings. Ordinarily, the AG may detain noncitizens subject to removal so long as the AG provides an individualized bond hearing to assess whether the noncitizen poses a flight risk or a danger to the community. Pursuant to 8 U.S.C. § 1226(c), however, the AG must detain and hold without bond any noncitizen who has committed qualifying offenses “when the alien is released” from criminal custody throughout his removal proceedings. Courts disagree as to whether § 1226(c) requires the AG to detain noncitizen offenders immediately, or whether the AG may allow a noncitizen to return to the community for months, or even years, before effecting detention and still retain the authority to detain the noncitizen without a bond hearing. The question exists in the intersection between criminal law and immigration law and the overlap between an agency’s power to interpret statutes and the court’s obligation to do so. This Note examines the timing question that § 1226(c) presents and offers a solution that seeks to balance the liberty interests of detainees with the government’s interests in protecting the community and ensuring removal.
The Role of the Business Press as an Information Intermediary

This paper investigates whether the business press serves as an information intermediary. The press potentially shapes firms' information environments by packaging and disseminating information, as well as by creating new information through journalism activities. We find that greater press coverage reduces information asymmetry (i.e., lower spreads and greater depth) around earnings announcements, with broad dissemination of information having a bigger impact than the quantity or quality of press-generated information. These results are robust to controlling for firm-initiated disclosures, market reactions to the announcement, and other information intermediaries. Our findings suggest that the press helps reduce information problems around earnings announcements.
POPULATION LEARNING OF COOPERATIVE BEHAVIOR IN A THREE-PERSON CENTIPEDE GAME

We consider mixed populations (N 1/4 21) of genuine (humans) and arti.cial (robots) agents repeatedly interacting in small groups whose composition is changed randomly from round to round. Our purp...
THE NORMATIVE FUNCTIONS OF COERCION CLAIMS

INTRODUCTIONA says to B: “Unless you x, I will y.” Or, equivalently, “I will –y if and only if you x.” Is this proposal coercive? If B performs x has he been coerced? Is this an instance of coercion? Moral and political philosophers, as well as legal theorists, have struggled with these questions at least since Aristotle but have been tackling them with renewed vigor since Robert Nozick’s seminal 1969 article.Robert Nozick, Coercion, in PHILOSOPHY, SCIENCE AND METHOD 440 (Sidney Morgenbesser et al., ed. 1969). And, happily, scholarly efforts over the past few decades have substantially advanced our understanding.The most comprehensive account, which explores coercion from both legal and philosophical perspectives, is Alan Wertheimer, COERCION (1987). Other particularly valuable contributions to a substantial literature include Joel Feinberg, HARM TO SELF 189–268 (1986); Harry G. Frankfurt, Coercion and Moral Responsibility, in ESSAYS ON FREEDOM OF ACTION 63 (Ted Honderich ed. 1973); Vinit Haksar, Coercive Proposals, 4 POL. THEORY 65 (1976); Daniel Lyons, Welcome Threats and Coercive Offers, 50 PHIL. 425 (1975); Peter Westen, “Freedom” and “Coercion”—Virtue Words and Vice Words, 1985 DUKE L.J. 541; and David Zimmerman, Coercive Wage Offers, 10 PHIL. & PUB. AFFAIRS 121 (1981). Most significantly, in my view, they have made increasingly clear (despite a few remaining dissenters) that answers to these coercion questions are thoroughly moralized in the sense that the questions cannot be resolved by reference solely to nonmoral facts. But if the answers themselves are moralized, so too, of course, are the questions. That is, coercion claims arise, and stake a claim to our attention, in order to serve some sort—or sorts—of normative needs.
Dead Hand Arguments and Constitutional Interpretation

This Article attempts to reset the relationship between theories of constitutional authority and methods of constitutional interpretation. Several scholars assert that our reasons for respecting the United States Constitution as law - despite its imperfection and dead authors - strongly influence the proper method of interpretation for that text. The "why" of authority supposedly drives the "how" of interpretation. But this relationship can be better understood. To the extent an authority theory can be distinguished from interpretive method, it is true that the former will identify what counts as law to be interpreted. Beyond that, the asserted relationship fades. First, some authority theories actually depend on a given interpretive method rather than the reverse, and an overarching normative framework can independently suggest interpretive choices. Second, and oddly, the correlation between a constitutional authority theory's persuasiveness and its logical implications for interpretation seems negative. Perhaps the more persuasive, the less influential. This is so even putting aside institutional considerations, which already have been used to soften the influence of high theory on interpretation. Yet authority theories and interpretation may be connected in a different way. The link involves multiple sources of law, instead of the interpretive method for one text. An authority theory can gauge the relative strength of competing sources of law bearing on the same decision, helping to resolve conflicts among them. Even the Constitution is subject to an evaluation of its strength.
The Case for Employee Referenda on Transformative Transactions As Shareholder Proposals

This Comment describes and advocates for employee referenda as implemented through a SEC Rule 14a-8 shareholder proposal. The proposal provides for a nonbinding referendum amongst all employees whenever the corporation's shareholders must vote to approve a merger, acquisition, sale of substantially all assets, or other transformative transaction. The purpose of the referendum is to provide employees with a voice in the transaction and to provide shareholders with a mechanism for tapping into employee sentiment. Because the referendum would be nonbinding, it is best viewed as an informational tool for shareholders and employees to use in policing management's transactions. Given the flaws in the market for friendly mergers and acquisitions (as developed in the finance literature), this tool could be a helpful corrective for the incentives and biases behind many ill-fated transactions.The Comment also discusses whether the proposal could be excluded under Rule 14a-8 as improper under state corporate law or as a violation of law. Because the proposal is a procedural, nonbinding mechanism that does not constrain managerial authority, it should not be subject to exclusion.
Competitive, Political, and Economic Factors Influencing State Tax Policy Changes

We investigate state tax competition for capital and jobs, focusing on the business income apportionment formula. We look for associations between states' apportionment formula changes and competing states' changes using event history analysis. We test for a positive association between our tax competition proxies and apportionment formula change while controlling for economic, political, and regional diffusion influences on tax policy. Our results support the hypothesized positive association. We conclude that state governments compete for capital and jobs and respond to their competitors' tax policy decisions with conforming policy changes. Our study contributes to the empirical tax literature on state and local tax policy.
Discussion of “Specific Investment and Negotiated Transfer Pricing in an International Transfer Pricing Model”

Discussion of the paper “Specific Investment and Negotiated Transfer Pricing in an International Transfer Pricing Model” by Oliver M. Durr and Robert F. Gox. (see also: http://ssrn.com/abstract=2340435). In this paper Durr and Gox study a multinational firm with manufacturing and retail divisions in different tax jurisdictions. The authors’ goal is to understand how trade and investment decisions are affected when the firm restricts itself to using the same transferpricing system for internal performance evaluation and external taxation. This topic is both important and timely, because transfer pricing is one of the most important tax issues faced by multinational firms.
The Changing Face of Privacy Protection in the European Union and the United States

Among the wide variety of national and multinational legal regimes for protecting privacy, two dominant models have emerged, reflecting two very different approaches to the control of information. The European Union has enacted a sweeping data protection directive that imposes significant restrictions on most data collection, processing, dissemination, and storage activities, not only within Europe, but throughout the world if the data originates in a member state. The United States has taken a very different approach that extensively regulates government processing of data, while facilitating private, market-based initiatives to address private sector data processing. Under the EU data protection directive, information privacy is a basic human right; the failure of the U.S. legal system to treat it as such offends European values and has led the EU to threaten to suspend information flows to the United States. This threat is understandable in light of the directive's treatment of privacy as a human right, and necessary if the privacy of European nationals is to be protected effectively in a global information economy. In the United States, however, the government is constitutionally prohibited under the First Amendment from interfering with the flow of information, except in the most compelling circumstances. The EU data protection directive is plainly contrary to that constitutional maxim, and the suggestion that the directive should be extended to the United States exacerbates that conflict, as well as threatens U.S. leadership in information technologies and services. This Article examines the expanding conflict and emerging compromises between the European Union and the United States over data protection. After describing each of the legal regimes and the principles that undergird them, the article concludes by addressing the conflict between those principles, current political efforts to minimize that conflict, and the inadequacies of both systems in the context of the Internet.
THE TRANSPARENCY FIX: ADVOCATING LEGAL RIGHTS AND THEIR ALTERNATIVES IN THE PURSUIT OF A VISIBLE STATE

The administrative norm of transparency, which promises a solution to the problem of government secrecy, requires political advocacy organized from outside the state. The traditional approach, typically the result of organized campaigns to make the state visible to the public, has been to enact freedom of information laws (FOI) that require government disclosure and grant enforceable rights to the public. The legal solution has not proven wholly satisfactory, however. In the past two decades, numerous advocacy movements have offered different fixes to the information asymmetry problem that the administrative state creates. These alternatives now augment and sometimes compete with legal transparency regimes. This Article is the first effort to survey and analyze transparency advocacy campaigns and the “fix” that each proposes to the problems created by the state’s asymmetrical information advantage over the public. It sketches the history of four campaigns: the FOI movement in the U.S., the global anti-corruption movement (spearheaded by Transparency International), the digital transparency movement, and WikiLeaks. The Article offers two insights. First, although these movements share a basic set of assumptions and tell a similar policy story—secrecy is a pressing administrative problem that can be fixed with the right policies and institutional arrangements—they diverge significantly in how they understand not only the problem’s causes but the state itself. Second, and as a result, the Article unveils transparency as a contested political issue which masquerades as an administrative tool. Rooted in contested claims about the state’s legitimacy and performance, the transparency fix leads to tendentious prescriptions about law, policy, and the state. † Professor and Samuel T. Dell Research Scholar, Levin College of Law, University of Florida.
Antitrust and local competition under the telecommunications act

The centerpiece of the Telecommunications Act of 1996 called by its own sponsors the most deregulatory statute in U.S. history1 was the introduction of competition to historically monopolized local telecommunications markets. To do so, the Act took two significant steps. First, it eliminated all legal barriers to the entry of new local telecommunications carriers. Second, because Congress thought new local carriers might not be able economically to duplicate every element of a local telecommunications network, the Act also required the incumbent carriers to share elements of their networks with these new entrants. Slightly over seven years later, however, the fundamental legal structures governing this sharing regime are not settled in place. The Federal Communications Commission (FCC) has only just completed its third attempt at regulations,2 its two prior attempts having been judicially declared in large part either contrary to the statute or arbitrary and capricious. Whether the FCC will succeed this time is highly uncertain, as almost every relevant group the incumbent local carriers, the new entrants, and the consumer advocates has expressed dissatisfaction (loudly) and promised further legal challenges.3
Writing Better Writing Assignments

Although most instructors care deeply about student writing, they often give little attention to the part of the writing process over which they maintain complete control: the assignment itself. Yet, the written prompt that we distribute is often where student confusion (and confused writing) begins. Using Bloom’s taxonomy as inspiration, we offer instructors a typology directly linked to course objectives, which we believe can be readily understood by student writers.
Evidence of Information Spillovers in the Production of Investment Banking Services

We provide evidence that firms attempting IPOs condition offer terms and the decision whether to carry through with an offering on the experience of their primary market contemporaries. Moreover, while initial returns and IPO volume are positively correlated in the aggregate, the correlation is negative among contemporaneous offerings subject to a common valuation factor. Our findings are consistent with investment banks implicitly bundling offerings subject to a common valuation factor to achieve more equitable internalization of information production costs and thereby preventing coordination failures in primary equity markets.
Beyond Metaphor: Battered Women, Involuntary Servitude and the Thirteenth Amendment

Hard is the fortune of all womankind She is always controlled, always confined Controlled by her parents until she is a wife A slave to her husband the rest of her life --Traditional When Congress debated the Thirteenth Amendment and its prohibitions against slavery and involuntary servitude, anxious members inquired whether it would alter the traditional relationship of husband and wife. Their concern materialized out of a political context in which those who sought abolition of African American chattel slavery and the establishment of women's rights were applying the norm of individual freedom beyond the narrow scope of landed white men. At that time, the metaphor "women are slaves" had rhetorical currency and suggested that white women shared with African American men and women a similar legal and social status of non-identity and disability. No matter how rhetorically useful this metaphor may have seemed then or may seem now, it was and remains grossly inaccurate and inherently racist. It obscured the fact that white women were slaveholders or beneficiaries of the slave system. It failed to recognize that even though there were significant legal, political and social restraints on white women, they did not as a class suffer in the way that African Americans did under slavery. Finally, it ignored the fact that African American women were slaves and that other women were not, no matter what their subordinate legal or socio-economic status. So, the metaphor was and is fundamentally flawed both by its generality and its exclusion. It was not slavery, as metaphor or term, however, that evoked the concern of some Congressmen that their dominant positions in their families were in jeopardy. Rather, their uneasy recognition of the Amendment's potential to reach into marital relationships was sparked by the term "involuntary servitude," which was explicitly included in the Thirteenth Amendment to prohibit the creation of slave-like conditions through the private use of force. Although the Congressmen's anxiety was treated as absurd by sponsors of the Amendment, an examination of the Thirteenth Amendment's prohibition against involuntary servitude in the context of the conditions to which women who are battered in intimate relationships such as marriage are subjected reveals that their anxiety was well-founded. This article undertakes an examination of the theoretical, doctrinal and factual connections between involuntary servitude and intimate violence.
Apology in the criminal justice setting: evidence for including apology as an additional component in the legal system

The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apologize and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process.
A supply chain generalized network oligopoly model for pharmaceuticals under brand differentiation and perishability

Abstract In this paper, we construct a generalized network oligopoly model with arc multipliers for supply chains of pharmaceutical products using variational inequality theory. The model captures the Cournot competition among the manufacturers who seek to determine their profit-maximizing product flows, which can be perishable, with the consumers differentiating among the products of the firms, whether branded or generic, and the firms taking into consideration the discarding costs. The numerical examples demonstrate that a brand pharmaceutical product may lose its dominant market share as a consequence of patent rights expiration and because of generic competition.
Pricing in International Markets: a “Small‐country” Benchmark

This study examines exchange rate pass-through in a ‘small country’ context. The study uses a panel of disaggregated exports from Hong Kong to its major flexible exchange rate destinations since 1992. Most existing evidence on pass-through is taken from G7 countries and finds that export prices (in the importing currency) respond less than fully to exchange rate changes. The notable exception is for exports from the United States. Existing evidence suggests that exporters from the U.S. apparently do not mitigate export prices in response to exchange rates, while other countries’ exporters routinely pass-through less than 100% of exchange rate changes. This study provides a benchmark by which to interpret the puzzling behavior of U.S. export prices.
Determinants of Managerial Earnings Guidance Prior to Regulation Fair Disclosure and Bias in Analysts' Earnings Forecasts*

Prior to Regulation Fair Disclosure ("Reg FD"), some management privately guided analyst earnings estimates, often through detailed reviews of analysts' earnings models. In this paper I use proprietary survey data from the National Investor Relations Institute to identify firms that reviewed analysts' earnings models prior to Reg FD and those that did not. Under the maintained assumption that firms conducting reviews guided analysts' earnings forecasts, I document firm characteristics associated with the decision to provide private earnings guidance. Then I document the characteristics of "guided" versus "unguided" analyst earnings forecasts. Findings demonstrate an association between several firm characteristics and guidance practices: managers are more likely to review analyst earnings models when the firm's stock is highly followed by analysts and largely held by institutions, when the firm's market-to-book ratio is high, and its earnings are important to valuation but hard to predict because its business is complex. A comparison of guided and unguided quarterly forecasts indicates that guided analyst estimates are more accurate, but also more frequently pessimistic. An examination of analysts' annual earnings forecasts over the fiscal year does not distinguish between guidance and no-guidance firms; both experience a "walk-down" in annual estimates. To distinguish between guidance and no-guidance firms, one must examine quarterly earnings news: unguided analysts walk down their annual estimates when the majority of the quarterly earnings news is negative; guided analysts walk down their annual estimates even though the majority of the quarterly earnings news is positive.
Copyright Renewal, Copyright Restoration, and the Difficulty of Determining Copyright Status

It has long been assumed that most of the works published from 1923 to 1964 in the US are currently in the public domain. Both non-profit and commercial digital libraries have dreamed of making this material available. Most programs have recognized as well that the restoration of US copyright in foreign works in 1996 has made it impossible for them to offer to the public the full text of most foreign works. What has been overlooked up to now is the difficulty that copyright restoration has created for anyone trying to determine if a work published in the United States is still protected by copyright. This article discusses the impact that copyright restoration of foreign works has had on US copyright status investigations, and offers some new steps that users must follow in order to investigate the copyright status in the US of any work. It argues that copyright restoration has made it almost impossible to determine with certainty whether a book published in the United States after 1922 and before 1964 is in the public domain. Digital libraries that wish to offer books from this period do so at some risk.
Modeling Spatially Interdependent Mortgage Decisions

House price regression residuals often display spatial dependence but historically mortgage models, which employ house prices, assume independence and use only the own borrower/loan characteristics. This manuscript uses a spatial probit model to investigate spatial dependence among the disturbances and the effect of borrower/loan characteristics from nearby properties on own default propensity. We find that allowing spatial dependence in the disturbances greatly improve the predictive accuracy of a probit default model, and that spillovers from risky neighbor characteristics have statistically significant and material effects on own payment default propensity. In addition, measurement of spatial effects can improve policy analysis.
Approximate Random Allocation Mechanisms

We generalize the scope of random allocation mechanisms, in which the mechanism first identifies a feasible “expected allocation” and then implements it by randomizing over nearby feasible integer allocations. The previous literature has shown that the cases in which this is possible are sharply limited. We show that if some of the feasibility constraints can be treated as goals rather than hard constraints, then, subject to weak conditions that we identify, any expected allocation that satisfies all the constraints and goals can be implemented by randomizing among nearby integer allocations that satisfy all the hard constraints exactly and the goals approximately. By defining ex post utilities as goals, we are able to improve the ex post properties of several classic assignment mechanisms, such as the random serial dictatorship. We use the same approach to prove the existence of ϵ-competitive equilibrium in large markets with indivisible items and feasibility constraints.
Marriage Law and Family Law: Autonomy, Interdependence and Couples of the Same Gender

Contemporary family law and marriage law in the United States have been criticized by communitarian scholars and others as being too focused on individuals and individual fulfillment. These critiques make some valid points. it is also important, however; to emphasize that contemporary marriage law, for the first time, presents a model of equality and of reciprocal obligations. The Article articulates a broad framework of the functions of family and marriage law. It applies both this framework and the communitarian critique of family law to the issue of same-gender marriage. This analysis leads to the conclusion that same-gender marriage should be recognized. Arguments against same-gender marriage, discussed in the Article, contribute to the aatomistic" focus of contemporary family law. Two people together is a work heroic in its ordinariness. —Adrienne Rich, Twenty-One Love Poems, in THE DREAM OF A COMMON LANGUAGE (1978).
Dark matter in SUGRA, strings and branes

A brief review is given of dark matter in SUGRA, strings and branes. For SUGRA models the implications of Yukawa coupling unification on dark matter are discussed in the light of g 2 and b + sy constraints. A brief discussion is given of the dark matter in orbifold string compactifications under constraints of modular invariance and radiative breaking of the electroweak symmetry. Finally a new candidate for dark matter an extra-weakly interacting massive particle or an XWIMPis discussed. Such dark matter can arise in a wide class of models, including the Stueckelberg extensions of MSSM, in U( l ) extensions of MSSM with off diagonal kinetic energy, and possibly in a wider class of models which may have a string/D-brane origin. Satisfaction of the relic density of XWIMPs consistent with WMAP is also discussed.
Robust estimation and inference for heavy tailed GARCH

We develop two new estimators for a general class of stationary GARCH models with possibly heavy tailed asymmetrically distributed errors, covering processes with symmetric and asymmetric feedback like GARCH, Asymmetric GARCH, VGARCH and Quadratic GARCH. The first estimator arises from negligibly trimming QML criterion equations according to error extremes. The second imbeds negligibly transformed errors into QML score equations for a Method of Moments estimator. In this case, we exploit a sub-class of redescending transforms that includes tail-trimming and functions popular in the robust estimation literature, and we re-center the transformed errors to minimize small sample bias. The negligible transforms allow both identification of the true parameter and asymptotic normality. We present a consistent estimator of the covariance matrix that permits classic inference without knowledge of the rate of convergence. A simulation study shows both of our estimators trump existing ones for sharpness and approximate normality including QML, Log-LAD, and two types of non-Gaussian QML (Laplace and Power-Law). Finally, we apply the tail-trimmed QML estimator to financial data.
Authority, Equality and Democracy

Abstract. The purpose of this essay is to argue that considerations of fairness play an essential role in the justification of democratic decision procedures. The first part argues that considerations of fairness form part of a practical authority's legitimacy, and that in the political context, those considerations of fairness entail a principle of equal distribution of political power. Subsequently, the article elaborates on the kind of equality which is required in democratic procedures, arguing that different principles of equality should apply to the deliberation and the decision stages of democracy. Finally, the article concludes with a few sketchy remarks on the possible relations between considerations of fairness and soundness of democratic procedures.
Jurisdiction by Cross-Reference

State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to the fore most clearly when a federal court must determine whether such bodies of law create federal question jurisdiction. Indeed, the federal courts have issued scores of seemingly inconsistent opinions on these cross-referential cases. In this Article, I offer an ordering principle for these apparently varied, cross-referential jurisdictional cases. I argue that the federal courts only take federal question jurisdiction over crossreferenced claims when they, from a departmental perspective, maintain declaratory authority over the cross-referenced law. I defend this thesis by extensively exploring cross-referenced regimes in numerous modes. I also contend that this cross-referential ordering principle offers significant insights into the nature of federal question claims more generally. Namely, I assert that, contrary to the predominant view, the federal courts do not stand ready to hear cases in which the judiciary as a whole is deployed merely as a fact-finding forum under federal question jurisdiction. Further, I contend that this view of federal question jurisdiction comports with the original understanding of that font of jurisdiction, as well as principles of judicial independence, and that the Court’s tendency to vest federal question jurisdiction upon mere formal distinctions in these contexts often leads to separation-of-powers difficulties. As such, I advocate that jurisdiction over all cross-referenced regimes proceed on functionalist lines.  Professor, University of Kansas School of Law. I am grateful for the research support for this paper provided by the University of Kansas School of Law. I would also like to thank the outstanding research librarians at the University of Kansas Law School, especially Joyce McCray Pearson and Lauren Van Waardhuizen. Many others have generously reviewed this work and offered insightful comments, including Patti Alleva, Scott Dodson, Abbe Gluck, Catherine LaCroix, Radha Pathak, John Preis, Lee Strang, Louise Weinberg, and my wife, Emily Mulligan. I also received numerous helpful comments from the participants in the Michigan State University College of Law faculty colloquia series, the Case Western Reserve School of Law Workshop series, the Central States Law School Association Conference, and the Junior Faculty Federal Courts Workshop at the University of Illinois. All remaining errors, of course, are my own. Washington University Open Scholarship 1178 WASHINGTON UNIVERSITY LAW REVIEW [VOL. 88:1177
Economics, psychology and the history of consumer choice theory.

This paper examines elements of the complex place/role/influence of psychology in the history of consumer choice theory. The paper reviews, and then challenges, the standard narrative that psychology was 'in' consumer choice theory early in the neoclassical revolution, then strictly 'out' during the ordinal and revealed preference revolutions, now (possibly) back in with recent developments in experimental, behavioural and neuroeconomics. The paper uses the work of three particular economic theorists to challenge this standard narrative and then provides an alternative interpretation of the history of the relationship between psychology and consumer choice theory. Copyright The Author 2009. Published by Oxford University Press on behalf of the Cambridge Political Economy Society. All rights reserved., Oxford University Press.
The Cultural Analysis of Class Action Law

IV. The Cultural Construction of Class Action Law 113 A. The Class Action’s Nature Encourages the Transmission of Culture 113 B. The Modern History of the North American Class Action Evidences Close Ties with Culture 116 C. The Class Action as a “Mirror of Societal Structure” and Culture 123 1. Access to Justice 125 2. Managerial Judging 128 3. The Preference for Settlement 131
THE MODERN INDUSTRIAL REVOLUTION, EXIT, AND THE FAILURE OF INTERNAL CONTROL SYSTEMS

This article, which is based on the author's Presidential address to the American Finance Association in 1993, argues that squeezing out excess capital and capacity is one of the most formidable ongoing challenges facing not only the U.S. economy, but the economies of all industrialized nations. In making this argument, the article draws striking parallels between the 19th-century industrial revolution and worldwide economic developments in the last three decades. In both periods, technological advances led to not only sharp increases in productivity and dramatic reductions in prices, but also massive obsolescence and overcapacity. And much as the great M&A wave of the 1890s reduced capacity by consolidating some 1,800 companies into roughly 150, the leveraged takeovers, LBOs, and other leveraged recapitalizations of the 1980s provided “healthy adjustments” to overcapacity that was building in many sectors of the U.S. economy. To help public companies make the necessary adjustments to overcapacity, the author urges them to consider adopting some of the features of private equity, including significant equity stakes for managers, high leverage or payouts, and the recruiting of active investors as “partners in the business.”
A Framework for Reparations Claims

These remarks. prepared for the Boston College Third H'lJrld Law Journal Reparations Symposium. compare the goals and viability of reparations claims as tort suits. I contrast two approaches obsened in the claims: a "doing justice" model, which involyes seeking compensatiOlI in important cases of uncorrected or uncompensated injustice, and a "social welfare" model that seeks to change the distribution of wealth. Claims under the first category are far more consistent with tort doctrine and likely to meet their goals than social welfare-based claims.
The classification and curvature of biquotients of the form \(Sp(3)/\!\!/Sp(1)^2\)

We show there are precisely \(15\) inhomogeneous biquotients of the form \(Sp(3)/\!\!/Sp(1)^2\) and show that at least \(8\) of them admit metrics of quasi-positive curvature.
Bypassing Bias: How Law Reviews Circumvent Favoritism

Could peer-reviewed humanities journals benefit by having student editors, as is the practice for law reviews? Are student editors valuable because they are less likely than peer reviewers to be biased against certain contributors and viewpoints? I begin with a qualifier: What I am about to say is based on research, anecdotes, and experience rather than empirical data that I have compiled on my own. I do not know for sure whether student editors are more or less biased than professional academics, and I hesitate to displace concerns for expertise and experience with anxiety about editorial bias. There may be situations in which students can make meaningful contributions to reviewing and editing scholarship—and to scholarship itself—but to establish them as scholarly peers is, I think, a distortion and probably a disservice to them and their fields. Student editors of and contributors to law reviews may seem to be the notable exception, but legal scholarship is different from humanities scholarship in ways I address below, and law reviews suffer from biases similar to those endemic to peer-reviewed journals. Nevertheless, law review submission and editing probably have less systemic bias than peer-reviewed journals, but not because students edit them. Rather, law review submission and editing make it more difficult for bias to occur. The system, not the students, facilitates editorial neutrality. There are several factors about this system that preclude bias. Because editors are students in their second and third year of law school, editorial Acad. Quest. DOI 10.1007/s12129-013-9350-y
A Comparative Evaluation of Belief Revision Models in Auditing

External auditors typically gather audit evidence in a sequential fashion and revise their estimates of likelihood of material misstatements based on the evidence collected. Optimal utilization of audit evidence can help control audit risk and improve audit efficiency and effectiveness. This paper first shows how a typical audit risk assessment and belief revision task can be modeled using four theoretical models of belief revision. Then the descriptive properties of these models are evaluated based on the actual judgments of experienced auditors who assessed the likelihood of error in a task involving inventory valuation. A realistic audit case was administered to 101 experienced auditors. Models based on the following theories were evaluated: a version of Bayesian inference labeled Cascaded Inference Theory (Schum 1987; Schum and DuCharme 1971), two versions of the Belief Adjustment Model (Hogarth and Einhorn 1992), and a version of the Dempster‐Shafer Theory of Belief Functions (Srivastava and Shafer 1...