cssi/SciSciGPT-SciSciNet huggingface dataset:
The Pathfinder testbed: exploring techniques for achieving precision radial velocities in the near infrared

The Penn State Pathfinder is a prototype warm fiber-fed Echelle spectrograph with a Hawaii-1 NIR detector that has already demonstrated 7-10 m/s radial velocity precision on integrated sunlight. The Pathfinder testbed was initially setup for the Gemini PRVS design study to enable a systematic exploration of the challenges of achieving high radial velocity precision in the near-infrared, as well as to test possible solutions to these calibration challenges. The current version of the Pathfinder has an R3 echelle grating, and delivers a resolution of R~50,000 in the Y, J or H bands of the spectrum. We will discuss the on sky-performance of the Pathfinder during an engineering test run at the Hobby Eberly Telescope as well the results of velocity observations of M dwarfs. We will also discuss the unique calibration techniques we have explored, like Uranium-Neon hollow cathode lamps, notch filter, and modal noise mitigation to enable high precision radial velocity observation in the NIR. The Pathfinder is a prototype testbed precursor of a cooled high-resolution NIR spectrograph capable of high radial velocity precision and of finding low mass planets around mid-late M dwarfs.
Global well-posedness for an advection–diffusion equation arising in magneto-geostrophic dynamics

Abstract We use De Giorgi techniques to prove Holder continuity of weak solutions to a class of drift-diffusion equations, with L 2 initial data and divergence free drift velocity that lies in L t ∞ BMO x − 1 . We apply this result to prove global regularity for a family of active scalar equations which includes the advection–diffusion equation that has been proposed by Moffatt in the context of magnetostrophic turbulence in the Earthʼs fluid core.
Uniformity, universality, and computability theory

We prove a number of results motivated by global questions of uniformity in computabi- lity theory, and universality of countable Borel equivalence relations. Our main technical tool is a game for constructing functions on free products of countable groups. We begin by investigating the notion of uniform universality, first proposed by Montalban, Reimann and Slaman. This notion is a strengthened form of a countable Borel equivalence relation being universal, which we conjecture is equivalent to the usual notion. With this additional uniformity hypothesis, we can answer many questions concerning how countable groups, probability measures, the subset relation, and increasing unions interact with universality. For many natural classes of countable Borel equivalence relations, we can also classify exactly which are uniformly universal. We also show the existence of refinements of Martin’s ultrafilter on Turing invariant Borel sets to the invariant Borel sets of equivalence relations that are much finer than Turing equivalence. For example, we construct such an ultrafilter for the orbit equivalence relation of the shift action of the free group on countably many generators. These ultrafilters imply a number of structural properties for these equivalence relations.
Hot carrier dynamics in plasmonic transition metal nitrides

Extraction of non-equilibrium hot carriers generated by plasmon decay in metallic nano-structures is an increasingly exciting prospect for utilizing plasmonic losses, but the search for optimum plasmonic materials with long-lived carriers is ongoing. Transition metal nitrides are an exciting class of new plasmonic materials with superior thermal and mechanical properties compared to conventional noble metals, but their suitability for plasmonic hot carrier applications remains unknown. Here, we present fully first principles calculations of the plasmonic response, hot carrier generation and subsequent thermalization of all group IV, V and VI transition metal nitrides, fully accounting for direct and phonon-assisted transitions as well as electron–electron and electron–phonon scattering. We find the largest frequency ranges for plasmonic response in ZrN, HfN and WN, between those of gold and silver, while we predict strongest absorption in the visible spectrum for the VN, NbN and TaN. Hot carrier generation is dominated by direct transitions for most of the relevant energy range in all these nitrides, while phonon-assisted processes dominate only below 1 eV plasmon energies primarily for the group IV nitrides. Finally, we predict the maximum hot carrier lifetimes to be around 10 fs for group IV and VI nitrides, a factor of 3–4 smaller than noble metals, due to strong electron–phonon scattering. However, we find longer carrier lifetimes for group V nitrides, comparable to silver for NbN and TaN, while exceeding 100 fs (twice that of silver) for VN, making them promising candidates for efficient hot carrier extraction.
Low to High Dimensional Modality Hallucination Using Aggregated Fields of View

Real-world robotics systems deal with data from a multitude of modalities, especially for tasks such as navigation and recognition. The performance of those systems can drastically degrade when one or more modalities become inaccessible, due to factors such as sensors’ malfunctions or adverse environments. Here, we argue modality hallucination as one effective way to ensure consistent modality availability and thereby reduce unfavorable consequences. While hallucinating data from a modality with richer information, e.g., RGB to depth, has been researched extensively, we investigate the more challenging low-to-high modality hallucination with interesting use cases in robotics and autonomous systems. We present a novel hallucination architecture that aggregates information from multiple fields of view of the local neighborhood to recover the lost information from the extant modality. The process is implemented by capturing a non-linear mapping between the data modalities and the learned mapping is used to aid the extant modality to mitigate the risk posed to the system in the adverse scenarios which involve modality loss. We also conduct extensive classification and segmentation experiments on UWRGBD and NYUD datasets and demonstrate that hallucination allays the negative effects of the modality loss. Implementation and models: https://github.com/kausic94/Hallucination .
Wait for It: Post-supernova Winds Driven by Delayed Radioactive Decays

In most astrophysical situations, the radioactive decay of 56Ni to 56Co occurs via electron capture with a fixed half-life of 6.1 days. However, this decay rate is significantly slowed when the nuclei are fully ionized because K-shell electrons are unavailable for capture. In this paper, we explore the effect of these delayed decays on white dwarfs (WDs) that may survive Type Ia and Type Iax supernovae (SNe Ia and SNe Iax). The energy released by the delayed radioactive decays of 56Ni and 56Co drives a persistent wind from the surviving WD's surface that contributes to the late-time appearance of these SNe after emission from the bulk of the SN ejecta has faded. We use the stellar evolution code MESA to calculate the hydrodynamical evolution and resulting light curves of these winds. Our post-SN Ia models conflict with late-time observations of SN 2011fe, but uncertainties in our initial conditions prevent us from ruling out the existence of surviving WD donors. Much better agreement with observations is achieved with our post-SN Iax bound remnant models, providing evidence that these explosions are due to deflagrations in accreting WDs that fail to completely unbind the WDs. Future radiative transfer calculations and wind models utilizing explosion simulations for more accurate initial conditions will extend our study of radioactively-powered winds from post-SN surviving WDs and enable their use as powerful discriminants among the various SN Ia and SN Iax progenitor scenarios.
Hybrid Pass Transistor Logic With Ambipolar Transistors

The pass transistor logic (PTL) family enables compact circuits to reduce area and power consumption, but inter-stage inverters are required for signal integrity and complementary signals. Similarly, dual-gate ambipolar field-effect transistors are exceptionally logically expressive and provide a single-transistor XNOR operation, but numerous inverters are required to provide complementary signals. In both cases, these inverters and complementary signals significantly degrade overall system efficiency. Ambipolar field-effect transistors are a natural match for PTL, and we therefore propose a new hybrid ambipolar-PTL logic family that exploits the compact logic of PTL and the ambipolar capabilities of ambipolar field-effect transistors. This logic family is a hybrid between PTL and static CMOS-like logic that is made efficient by the use of ambipolar transistors. Novel hybrid ambipolar-PTL circuits were designed and simulated in SPICE, demonstrating strong signal integrity along with the efficiency advantages of using the required inverters to simultaneously satisfy the requirements of PTL and ambipolar circuits. In comparison to the ambipolar field-effect transistors in the conventional static CMOS logic structure, the proposed ambipolar-PTL family can reduce propagation delay by 33%, energy consumption by 88%, energy-delay product by a factor of 10, and area-energy-delay product by a factor greater than 20.
Relaxation of nonequilibrium populations after a pump: the breaking of Mathiessen's rule

From the early days of many-body physics, it was realized that the self-energy governs the relaxation or lifetime of the retarded Green’s function. So it seems reasonable to directly extend those results into the nonequilibrium domain. But experiments and calculations of the response of quantum materials to a pump show that the relationship between the relaxation and the self-energy only holds in special cases. Experimentally, the decay time for a population to relax back to equilibrium and the linewidth measured in a linear-response angle-resolved photoemission spectroscopy differ by large amounts. Theoretically, aside from the weak-coupling regime where the relationship holds, one also finds deviations and additionally one sees violations of Mathiessen’s rule. In this work, we examine whether looking at an effective transport relaxation time helps to analyze the decay times of excited populations as they relax back to equilibrium. We conclude that it may do a little better, but it has a fitting parameter for the overall scale which must be determined.
STEM Magnet High Schools and Student Intent to Declare a STEM Major

This study employed design-based logistic regression to examine the extent to which attending a science, technology, engineering, and mathematics (STEM) magnet high school, school demographics, and...
Defensive structures influence fighting outcomes

O_LIIn many animal species, individuals engage in fights with conspecifics over access to limited resources (e.g. mates, food, or shelter). Most theory about these intraspecific fights assumes that damage has an important role in determining the contest winner. Thus, defensive structures that reduce the amount of damage an individual accrues during intraspecific competition should provide a fighting advantage. C_LIO_LIExamples of such damage-reducing structures include the dermal shields of goats, the dorsal osteoderms of crocodiles, and the armored telsons of mantis shrimps. Although numerous studies have identified these defensive structures, no study has investigated whether they influence the outcomes of intraspecific fights. C_LIO_LIHere, we investigated whether inhibiting damage by enhancing an individuals armor influenced fighting behavior and success in the giant mesquite bug, Thasus neocalifornicus (Insecta: Hemiptera: Coreidae). C_LIO_LIWe found that experimentally manipulated individuals (i.e. those provided with additional armor) were 1.6 times more likely to win a fight when compared to the control. These results demonstrate that damage, and damage-reducing structures, can influence fighting success. C_LIO_LIThe implications of these results are twofold. First, our results experimentally support a fundamental assumption of most theoretical fighting models: that damage is a fighting cost that can influence contest outcomes. Second, these results highlight the importance of an individuals defensive capacity, and why defense should not be ignored. C_LI
Neutrality of third-degree price discrimination

Abstract This note shows that compared to uniform pricing, third-degree price discrimination can be neutral. For linear demands, having all price intercepts of submarkets’ inverse demands to be the same is the necessary and sufficient condition for third-degree price discrimination to be neutral. For general demands, when all submarkets’ demands are proportional to each other, not only will all the submarkets be served under uniform pricing, but all prices before and after price discrimination will be the same.
Data Driven Online Learning of Power System Dynamics

With the advancement of sensing and communication in power networks, high-frequency real-time data from a power network can be used as a resource to develop better monitoring capabilities. In this work, a systematic approach based on data-driven operator theoretic methods involving Koopman operator is proposed for the online identification of power system dynamics. In particular, a new algorithm is provided, which unlike any previously existing algorithms, updates the Koopman operator iteratively as new data points are acquired. The proposed algorithm has three advantages: a) allows for real-time monitoring of the power system dynamics b) linear power system dynamics (this linear system is usually in a higher dimensional feature space and is not same as linearization of the underlying nonlinear dynamics) and c) computationally fast and less intensive when compared to the popular Extended Dynamic Mode Decomposition (EDMD) algorithm. The efficiency of the proposed algorithm is illustrated on an IEEE 9 bus system using synthetic data from the nonlinear model and on IEEE 39 bus system using synthetic data from the linearized model.
Gastrointestinal complications after cardiac surgery: Incidence, predictors, and impact on outcomes

BACKGROUND The purpose of this study was to investigate the incidence, predictors, and long-term impact of gastrointestinal (GI) complications following adult cardiac surgery. METHODS Index Society of Thoracic Surgeons (STS) adult cardiac operations performed between January 2010 and February 2018 at a single institution were included. Patients were stratified by the occurrence of postoperative GI complications. Outcomes included early and late survival as well as other associated major postoperative complications. A subanalysis of propensity score-matched patients was also performed. RESULTS A total of 10,285 patients were included, and the overall rate of GI complications was 2.4% (n = 246). Predictors of GI complications included dialysis dependency, intra-aortic balloon pump, congestive heart failure, chronic obstructive pulmonary disease, and longer aortic cross-clamp times. Thirty-day (2.6% vs. 24.8%), 1- (6.3% vs. 41.9%), and 3-year (11.1% vs. 48.4%) mortality were substantially higher in patients who experienced GI complications (all p < .001). GI complication was associated with a threefold increased hazard for mortality (hazard ratio = 3.1, 95% confidence interval = 2.6-3.7) after risk adjustment, and there was an association between the occurrence of GI complications and increased rates of renal failure (39.4% vs. 2.5%), new dialysis dependency (31.3% vs. 1.5%), multisystem organ failure (21.5% vs .1.0%), and deep sternal wound infections (2.6% vs. 0.2%; all p < .001). These results persisted in propensity-matched analysis. CONCLUSION GI complications are infrequent but have a profound impact on early and late survival, and often occur in association with other major complications. Risk factor modification, heightened awareness, and early detection and management of GI complications appear warranted.
Which institutions matter? Separating the chaff from the wheat

Ha-Joon Chang (2011), in his article ‘Institutions and Economic Development: Theory, Policy and History’, argues that economists place too much faith in ‘liberalized’ institutions. Institutions matter for growth, he contends, but not the way institutional economists think they do. In this article, we offer a defense of the hypothesis that ‘institutions matter’ for economic growth and present several objections to Chang's arguments.
Winning at craps: Are casinos vulnerable to state suits for social costs?—A preliminary analysis

Assume that Lucky has flown to the state of Nitro from his home state of Peach intending to gamble and lose perhaps two to three hundred dollars but instead has lost $50,000. This triggers the loss of his car, house, job, and eventually his wife. What issues are involved for the state of Peach? Copyright © 2004 John Wiley & Sons, Ltd.
Happiness Surveys and Public Policy: What’s the Use?

Subjective well-being (SWB) surveys ask respondents to quantify their overall or momentary happiness or life-satisfaction, or pose similar questions about other aspects of respondents’ mental states. A large empirical literature in economics and psychology has grown up around such surveys. Increasingly, too, scholars have advanced the normative proposal that SWB surveys be used for policymaking—for example, by using survey results to calculate monetary equivalents for nonmarket goods (to be incorporated in cost-benefit analysis), or to calculate “gross national happiness.” This Article skeptically evaluates the policy role of SWB data. It is critical to distinguish between (1) using SWB surveys as evidence of preference utility versus (2) using them as evidence of experience utility. Preference utility is a measure of the extent to which someone has realized her preferences; experience utility, a measure of the quality of someone’s mental states. The two are quite different because individuals can have preferences regarding non-mental occurrences. Having drawn this distinction, the Article then argues, first, that SWB surveys are poor evidence of preference utility—given problems Copyright © 2013 Matthew D. Adler. † Richard A. Horvitz Professor of Law and Professor of Economics, Philosophy and Public Policy, Duke University. Many thanks for helpful comments to faculty workshop participants at the law schools of Duke University, Loyola University Chicago, the University of California, Berkeley, the University of Illinois, and the University of Pennsylvania; to faculty workshop participants at Duke’s Sanford School of Public Policy; to participants in the Duke Law Journal’s 43rd Annual Administrative Law Symposium: “A Happiness Approach to CostBenefit Analysis”; and to Dan Benjamin, John Bronsteen, Christopher Buccafusco, Maureen Cropper, David DePianto, Ed Diener, Paul Dolan, Marc Fleurbaey, Stephen Galoob, Carol Graham, Jennifer Hawkins, Ori Heffetz, Rob Kar, Jon Masur, Michael Moore, Doug Noonan, Galen Panger, Eric Posner, Arden Rowell, Rick Swedloff, Peter Ubel, and Jonathan Wiener. The usual disclaimer applies. Thanks to David Merritt and Melinda Patterson for excellent research assistance and to Bill Draper and Kelley Leong for amazing library support. ADLER IN PRINTER PROOF (DO NOT DELETE) 4/15/2013 2:56 PM 1510 DUKE LAW JOURNAL [Vol. 62:1509 of preference and scale heterogeneity, as well as other difficulties. Stated-preference surveys are a much better survey format for eliciting preference utility. Second, in considering SWB surveys as an experience-utility measure, we should recognize that “experientialism” about well-being—the view that well-being is simply a matter of good experiences—is highly controversial. More plausibly, an experience-utility measure might be seen as an indicator of one aspect of well-being. However, even constructing this “weak” experience-utility measure is not straightforward—as the Article demonstrates by discussing Daniel Kahneman’s detailed proposal for such a metric.
Information complements, substitutes, and strategic product design

Competitive maneuvering in the information economy has raised a pressing question: how can firms raise profits by giving away products for free? This paper provides a possible answer and articulates a strategy space for information product design. Free strategic complements can raise a firm's own profits while free strategic substitutes can lower profits for competitors. We introduce a formal model of cross-market externalities based in textbook economics -- a mix of Katz & Shapiro network effects, price discrimination, and product differention -- that leads to novel strategies such as an eagerness to enter into Bertrand price competition. This combination helps to explain many recent firm strategies such as those of Microsoft, Netscape (AOL), Sun, Adobe, and ID. We also introduce the concept of a ''content-creator'' who adds value for end-consumers but may not be paid directly. Similar to the case of product dumping, this research implies that both firms and policy makers need to consider complex market interactions to grasp information product design and profit maximization. The model presented here argues for three simple and intuitive results. First, a firm can rationally invest in a product it intends to give away into perpetuity even in the absence of competition. The reason is that increased demand in a complementary goods market more than covers the cost of investment in the free goods market. Second, we identify distinct markets for content-providers and end-consumers and show that either can be a candidate for the free good. The decision on which market to charge rests on the relative elasticities as governed by their network externality effects. If the externality effect is sufficiently great, the market with the higher elasticity is the market to subsidize with the free good. It is also possible to charge both markets but to keep one price artificially low. Importantly, the modeling contribution is distinct from tying in the sense that consumers need never purchase both goods -- unlike razors and blades, the products are stand-alone goods. It also differs from multi-market price discrimination in the sense that the firm may extract no consumer surplus from one of the two market segments, implying that this market would have previously gone un-served. Third, a firm can use strategic product design to penetrate a market that becomes competitive post-entry. The threat of entry is credible even in cases where it never recovers its sunk costs directly. The model therefore helps to explain several interesting market behaviors such as free goods, upgrade paths, split versioning, and strategic information substitutes.
Hyperelliptic graphs and the period mapping on outer space

The period mapping assigns to each rank n, marked metric graph Γ a positive definite quadratic form on H1(Γ,R). This defines maps Φ and Φ on Culler–Vogtmann's outer space CVn, and its Torelli space quotient Tn, respectively. The map Φ is a free group analog of the classical period mapping that sends a marked Riemann surface to its Jacobian. In this paper, we analyze the fibers of Φ in Tn, showing that they are aspherical, π1-injective subspaces. Metric graphs admitting a hyperelliptic involution play an important role in the structure of Φ, leading us to define the hyperelliptic Torelli group, ST(n)⩽Out(Fn). We obtain generators for ST(n), and apply them to show that the connected components of the locus of ‘hyperelliptic’ graphs in Tn become simply connected when certain degenerate graphs at infinity are added.
Teaching economics, appreciating spontaneous order, and economics as a public science

Abstract James M. Buchanan has argued that the primary role that the economist plays in society is a pedagogical one. The job of the economist is to teach students the principles of economics, most notably an understanding of spontaneous order and the role of the price system in generating that order within the market. The didactic purpose is simply to teach students so they may in fact become informed participants within the democratic process of collective choice. It is in our job as teachers of the basic principles of economic science, and not as pure researchers, let alone as policy experts who act as saviors, that justifies the public expenditure on the discipline. Economics to Buchanan is a ‘prophylactic against popular fallacies’ and not a tool of social control.
Duopoly prices under congested access

. Consider two firms, at different locations, supplying a homogenous good at constant marginal production cost. Consumers incur travel costs to the firm for each unit purchased, and the travel costs increase with the amount of travel to each firm (congestion). When all traffic and all congestion are generated by travel to a duopolist, both the Nash–Bertrand equilibrium prices and the Nash–Cournot equilibrium prices exceed the sum of the marginal production cost and the marginal external travel cost. However, when the road is shared by travelers to the duopolists' facilities and travelers in competitive markets, the Nash–Bertrand duopoly price equals the competitive price and the Nash–Cournot price contains a markup.
Portfolio Choice and Health Status

Abstract This paper analyzes the role health status plays in household portfolio decisions using data from the Health and Retirement Study. The results indicate that health is a significant predictor of both the probability of owning different types of financial assets and the share of financial wealth held in each asset category. Households in poor health are less likely to hold risky financial assets, other things (including the level of total wealth) being the same. Poor health is associated with a smaller share of financial wealth held in risky assets and a larger share in safe assets. We find no evidence that the relationship between health status and portfolio allocation is driven by “third variables” that simultaneously affect health and financial decisions. Further, the relationship between health status and portfolio choice does not appear to operate through the effect of poor health on individuals’ attitudes toward risk, their planning horizons, or their health insurance status.
Cruel and Unequal Punishments

This Article argues that Atkins v. Virginia and its progeny of categorical exemptions to the death penalty create a new and as of yet undiscovered interaction between the Eighth and the Fourteenth Amendments of the U.S. Constitution. When the United States Supreme Court adapted its proportionality analysis from categories of crime to categories of people, it abandoned intrajurisdictional analysis, a de facto equality consideration under the Cruel and Unusual Punishments Clause. The Court, the legal academy, and commentators have failed to consider the remarkable equal protection implications of this doctrinal shift. To see the point in practice, one need only consider two criminal defendants: the first was mentally retarded from birth; the second suffered a traumatic brain injury at the age of twenty-two; and both have identical cognitive, behavioral, and adaptive impairments. Under state statutes cited approvingly in Atkins and others enacted since, the first defendant cannot be executed, but the second one can. This seems wrong on its face, but to understand why, it is necessary to explore the interaction of the Eighth and Fourteenth Amendments. The doctrinal shift in Atkins has profoundly altered that interaction, putting the Cruel and Unusual Punishments Clause in tension with the Equal Protection Clause. This Article illustrates that conflict, and how legislative classifications adopted pursuant to categorical exemptions under the Eighth Amendment may now be subject to Fourteenth Amendment scrutiny. ∗ Assistant Professor of Law, Assistant Professor of Philosophy, Vanderbilt University. Dartmouth College, B.A., 1998; Duke University, J.D./M.A., 2004, Ph.D., 2006; Harvard University, A.L.M., 2007. Thanks to Guyora Binder, James F. Blumstein, Lisa Schultz Bressman, Rebecca Brown, James E. Coleman, Jr., John C.P. Goldberg, Nancy J. King, Robert Mikos, Richard A. Nagareda, Charles J. Ogletree, Jr., Nicholas Quinn Rosenkranz, and Suzanna Sherry. Thanks also to the workshop participants at Amherst College’s Law and Science series, the Duke Law School faculty, the Vanderbilt Law School faculty, and the Stanford Law School faculty, who provided comments on earlier drafts. Jonathan Hardin, Brandon Martin, Feras Sadik, Byron Sarhangian, John Benjamin Schrader, and Leon Wolf provided invaluable research assistance.
Word power: A new approach for content analysis

Abstract We present a new approach for content analysis to quantify document tone. We find a significant relation between our measure of the tone of 10-Ks and market reaction for both negative and positive words. We also find that the appropriate choice of term weighting in content analysis is at least as important as, and perhaps more important than, a complete and accurate compilation of the word list. Furthermore, we show that our approach circumvents the need to subjectively partition words into positive and negative word lists. Our approach reliably quantifies the tone of IPO prospectuses as well, and we find that the document score is negatively related to IPO underpricing.
Post 9-11 U.S. Muslim Labor Market Outcomes

Using a difference-in-differences framework and micro data from the Current Population Survey-Merged Outgoing Rotation Group Files (1999 to 2004), this paper estimates the impact that the 9-11 terrorists attacks had on the U.S. labor market outcomes of individuals with nativity profiles similar to the terrorists. We find that shortly after the attacks, the employment-population ratios and hours worked of very young (ages 16 to 25) Muslim men fell. By 2004, most losses had begun to dissipate. The employment-population ratios and hours worked of older Muslim men experienced little deterioration. We find no effect of the U.K.’s July 2005 London bombings on the labor market outcomes of U.S. Muslims.
Putting Gilmer Where it Belongs: The FAA's Labor Exemption

Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" if properly construed can eliminate this effect while still permitting enforcement of truly voluntary agreements to arbitrate such claims. The exemption has been held by all the circuits except the Ninth to apply only to workers actually engaged in interstate or foreign commerce, thus requiring enforcement against all others. The Ninth Circuit has now held that the exemption covers all employees whose employment is subject to federal regulation under the commerce clause. Certiorari has been granted to review that decision in Circuit City Stores v. Adams which will be argued this fall. The article argues that the Ninth Circuit ruling is correct on the commerce question but that the courts have erred in focusing only on that question and ignoring the other requirements of the exemption. The exemption, it is argued, should be limited to individual written contracts of employment (not ad hoc agreements to arbitrate existing disputes), only of rank and file "workers," defined as non-managerial employees, and it should not be read as covering collective bargaining agreements. As a result of such a reading agreements to arbitrate statutory employment claims would be enforceable only with respect to those employees who, by and large, are really in a position to negotiate their terms of employment either individually or collectively. Application of the FAA, rather than Section 301 of the LRMA, to labor arbitration would be desirable. Resting enforcement of labor arbitration on Section 301 while useful at the time it was so decided by the Supreme Court in 1957 has had the unfortunate effect in practice of making labor arbitration awards more susceptible to reversal than would be the case if the standards of the FAA were to be applicable.
The effects of forecast type and performance-based incentives on the quality of management forecasts

Understanding forecasts is important because of their pervasiveness in business decisions such as budgeting, production, and financial reporting. In this study we use an abstract experiment to examine how the preparation of disaggregated forecasts interacts with performance-based incentives to influence the accuracy and optimism of forecasts. We manipulate two factors between subjects at two levels each: forecast type (disaggregated or aggregated) and performance-based incentives (present or absent). Consistent with our predictions, we find that (1) preparing disaggregated forecasts leads to greater improvements in forecast accuracy (compared to preparing aggregated forecasts) in the absence of performance-based incentives than in the presence of performance-based incentives, and (2) preparing disaggregated forecasts leads to greater increases in forecast optimism (compared to preparing aggregated forecasts) in the presence of performance-based incentives than in the absence of performance-based incentives. Our study contributes to our understanding of unintentional biases in the forecasting process. Our results have important practical implications for designers of management control systems who elicit internal forecasts from managers. Finally, our results also have important practical implications for those who either prepare or use external management forecasts.
Class-Action Tolling, Federal Common Law, and Securities Statutes of Repose: A Recommendation

This Essay focuses on a narrow, but potentially outcome-determinative, question: does the filing of a securities class action toll the three-year outer time limit applicable to claims under §§ 11 and 12(a)(2) and the five-year outer time limit applicable to claims under § 10(b), such that potential class members – after a decision on class certification – can assert an individual federal action, even if those outer time limits would have elapsed absent tolling? There is currently a circuit split on this issue, with the Tenth Circuit answering “yes” and the Second Circuit answering “no.” Although the Supreme Court initially granted certiorari to resolve this issue, it later dismissed the writ as improvidently granted, leaving behind a vigorous debate between advocates of institutional investors and those of securities defendants, as well as among scholars. This Essay makes the unique argument that these outer time limits, properly characterized as statutes of repose, should be tolled if class certification is denied but not if class certification is granted. To reach this conclusion, this Essay builds on the work of several eminent civil procedure scholars who have argued that class action tolling is a creature of federal common law, drawn from the federal policies underlying Federal Rule of Civil Procedure 23, federal statutes of limitations, and the relevant federal legislative scheme. Then, picking up where these scholars have left off, this Essay argues that, in the context of securities class actions, the policies underlying Rule 23, the securities statutes of repose, and the securities laws merit this Essay’s proposed bifurcated approach to the class action tolling of securities statutes of repose.
Exit Rights and Insurance Regulation: From Federalism to Takings

Rate regulation has commonly been imposed on natural monopolies in order to prevent excessive profits by the regulated firms. Use of regulation in turn creates the risk of confiscation of firm assets if the rates of return are not sufficient to cover both the variable and fixed costs of the business, leading to constitutional protections against insufficient rates. Rate regulation has often been extended to competitive industries, such as insurance, where it has no similar intrinsic rationale. The reduced returns, and higher costs to the regulated firm necessarily drive the rates below the required competitive return in ways that no hearings or appeals can fix. When firms therefore seek to exit form a competitive industry to forestall the risk of regulation, they should be allowed to so as of right, even if firms in monopolistic industries are not accorded that privilege. Nonetheless many states, such as Florida with its Wind Insurance Program, have been able to force firms to remain in the state, thereby imposing enormous burdens both on shareholders and on policyholders in other jurisdictions. Although the Constitution contains no explicit guarantee of an exit right, such must be recognized in competitive industries to implement the constitutional guarantees against confiscation.
Two Kinds of Plain Meaning

Is plain meaning so plain? This is not meant to be a philosophical question, but one deserving serious legal analysis. The plain-meaning rule claims to provide certainty and narrow statutes’ domains. As a relative claim, comparing plain meaning with purposivism, I agree. But I do not agree that plain-meaning analysis is as easy as its proponents suggest. In this piece, I tease out two very different ideas of plain meaning—ordinary/popular meaning and expansive/ legalist meaning—suggesting that doctrinal analysis requires more than plain-meaning simpliciter. Perhaps more importantly, I argue that plain meaning, as legalist meaning, can quite easily expand a statute’s scope, relative to a baseline of ordinary meaning or the status quo ex ante. In 1987, Justice Scalia gave an extremely influential set of lectures in which he set forth a doctrine of statutory interpretation known as the new textualism. The Scalia Tanner Lectures contain one of the most eloquent statements in print about the importance of legislation: “Every issue of law resolved by a federal judge involves interpretation of text—the text of a regulation, or of a statute, or of the Constitution.” Scalia’s theory influenced me, and a generation of scholars and students. In a world where very few lawyers have any clue about how legislation is debated—or even how to find legislative history—the textualism rule is easy to understand
Accidentally on Target: The MSTG Effects on Non-Practicing Entities’ Litigation and Settlement Strategies

This Note analyzes the Federal Circuit’s decision in In re MSTG, Inc., 675 F.3d 1337 (Fed. Cir. 2012) in not privileging settlement documents related to reasonable royalties. It identifies eight different types of Non-Practicing Entities (“NPEs”) and groups them into three categories according to their litigation characteristics. Through a decision tree analysis, this Note suggests that MSTG will have the most impact on the strategies of a subset of NPEs, pejoratively known as “patent trolls,” by potentially making them less litigious and more willing to settle.
Blanket Policies for Strip Searching Pretrial Detainees: An Interdisciplinary Argument for Reasonableness

In 2010, the US. Courts of Appeals for the Third and Ninth Circuits joined the US. Court of Appeals for the Eleventh Circuit in upholding the constitutionality of blanket strip search policies in correctional institutions. As a result, more government officials across the country can strip search arrestees and pretrial detainees as a matter of routine procedure without any reasonable suspicion that the detainees have contraband. These detainees include individuals without criminal histories who are arrested for traffic or other minor offenses, and who have done nothing to suggest that they are attempting to smuggle contraband into correctional facilities. This Note recognizes that an objective legal analysis can be informed by relevant social science findings and relies on an interdisciplinary approach in analyzing the constitutionality of strip search policies. Research has consistently found that strip searches are invasive, humiliating, and traumatizing even when conducted professionally and according to protocol. At worst, strip search policies allow corrections officers to abuse their power and systematically perpetrate sexual violence toward detainees. Ultimately, this Note argues that blanket strip search policies are unconstitutional and that courts must only uphold strip searches when there is an individualized, reasonable suspicion that a detainee is concealing contraband.
The Iraq Debacle: The Rise and Fall of Procurement-Aided Unilateralism as a Paradigm of Foreign War

Four years of American mishandling of procurement of military support and reconstruction in Iraq insurgency has produced countless examples of waste and abuse. This can be attributed to three factors. First, the United State's diminished use of competitive contracting minimized scrutiny of the contractor's performance. Second, the Government's unilateralist approach to reconstruction overburdened the administration with the political and financial costs of "nation-building." Third, the United States' failure to account for Iraqi funds eliminated checks on misguided procurement and other spending. In this article, the author discusses the intersection of acquisition reform in the context of the United States' unilateral involvement in foreign war. By abandoning formal procurement checks, like full and open competition, the United States abused taxpayer dollars to grant a sole-source award to Halliburton and contract with interrogators at Abu Ghraib. The government's failure to use legal tools to compel contractors into submission contributed to such abuses. These procurement related aspects of unilateralism highlights the United States' need to return to traditional procurement principles.
Groupthink: Collective Delusions in Organizations and Markets

This article investigates collective denial and willful blindness in groups, organizations, and markets. Agents with anticipatory preferences, linked through an interaction structure, choose how to interpret and recall public signals about future prospects. Wishful thinking (denial of bad news) is shown to be contagious when it is harmful to others, and self-limiting when it is beneficial. Similarly, with Kreps--Porteus preferences, willful blindness (information avoidance) spreads when it increases the risks borne by others. This general mechanism can generate multiple social cognitions of reality, and in hierarchies it implies that realism and delusion will trickle down from the leaders. The welfare analysis differentiates group morale from groupthink and identifies a fundamental tension in organizations' attitudes towards dissent. Contagious exuberance can also seize asset markets, generating investment frenzies and crashes. Copyright 2013, Oxford University Press.
Findings from evidence-based forecasting: Methods for reducing forecast error

Abstract Empirical comparisons of reasonable approaches provide evidence on the best forecasting procedures to use under given conditions. Based on this evidence, I summarize the progress made over the past quarter century with respect to methods for reducing forecasting error. Seven well-established methods have been shown to improve accuracy: combining forecasts and Delphi help for all types of data; causal modeling, judgmental bootstrapping and structured judgment help with cross-sectional data; and causal models and trend-damping help with time series data. Promising methods for cross-sectional data include damped causality, simulated interaction, structured analogies, and judgmental decomposition; for time series data, they include segmentation, rule-based forecasting, damped seasonality, decomposition by causal forces, damped trend with analogous data, and damped seasonality. The testing of multiple hypotheses has also revealed methods where gains are limited: these include data mining, neural nets, and Box–Jenkins methods. Multiple hypotheses tests should be conducted on widely used but relatively untested methods such as prediction markets, conjoint analysis, diffusion models, and game theory.
Internal control deficiencies and the issuance of going concern opinions

Abstract This study examines whether internal control quality is associated with auditors’ going concern assessments following the implementation of the Sarbanes–Oxley Act of 2002 (SOX). Based on a sample of financially distressed firms that issued internal control reports under SOX Section 404 in 2004 and 2005, we find that firms with material internal control weaknesses are more likely to receive going concern audit opinions. Further analysis indicates that the positive association between disclosures of material weaknesses and auditors’ propensity to issue a going concern opinions is largely driven by a subset of firms that disclose company-level material weaknesses, suggesting that only the more severe type of internal control material weakness influences the going concern assessment. These findings add to our understanding of the audit opinion formation process and the potentially important impact of internal control quality on that process.
2010 International Trade law Decisions of the Federal Circuit

Introduction 1121 I. Antidumping Cases 1124 II. Harmonized Tariff Schedule Cases 1145 III. Other Trade Cases 1151 Conclusion 1157
Modeling religious behavior and economic outcome: Is the relationship bicausal?: Evidence from a survey of Mississippi households

Abstract This paper examines simultaneity between religious intensity and income. Most of the literature to date has examined either the impact of religion on economic outcomes or the impact of economic outcomes on religious activities. Our estimation offers evidence of a bicausal relationship. We find frequency of attendance to religious services is a normal good; low-income households are less likely to be active in religious activities; and low-religious intensity households are less likely to be in the high-income category.
In Defense of "Super PACs" and of the First Amendment

Super PACs seem to have burst upon the electoral scene in 2010, following the United States Supreme Court’s decision in Citizens United v. Federal Elections Commission. Like that decision, Super PACs have generally drawn a bad press for similar reasons and from the usual suspects. Critics claim they will buy our elections, steal our democracy, and drown out the voices of the average voter. They will allow the tiniest top sliver of “the 1%” to dominate our elections and pollute our politics. We must find a way to stop them! Well, of course, any attempt to “stop them” immediately bumps into the First Amendment to the Constitution, which provides, in relevant part, that: “Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” These efforts may also be contrary to the reasons why the Framers wrote, and we cherish, those protections in the first place: to have the most robust, uninhibited, and wide-open discussion and debate about the politicians and the policies that have an
UN Peacekeeping and the Rule of Law

The UN is intimately involved in efforts to restore the rule of law in conflict and postconflict settings. Yet despite the importance of the rule of law for peace, good governance, and economic growth, evidence on the impact of these efforts is scant. I develop a theory to explain when UN rule-of-law reform is likely to succeed, then test the theory using original datasets capturing the number of civilian personnel deployed to each UN mission in Africa, the number of personnel assigned specifically to rule-of-law-related tasks, and the extent and nature of actual rule-of-law-related activities in the field. The correlation between UN presence and the rule of law is weak while conflict is ongoing, but robustly positive during periods of peace. The relationship is stronger for civilian than uniformed personnel, and is strongest when UN missions engage host states in the process of reform.