cssi/SciSciGPT-SciSciNet huggingface dataset:
"Unnatural deaths," criminal sanctions, and medical quality improvement in Japan.

This Article explains the significance in Japan, hitherto little noticed elsewhere, of criminal law in regulating medical practice. The Article offers reasons of law and social structure for criminal law's role in Japanese medicine, reasons stemming in large part from the weakness of other institutions for oversight of medical quality: Japanese medicine's accountability vacuum. The requirement that physicians notify police of "unnatural deaths" is then explored - a requirement made controversial because of its interpretation by the Supreme Court of Japan to apply not only to deaths from violent crime, natural disaster and suicide, but also to deaths potentially caused by substandard medical care. This police notification requirement, taken together with Criminal Code sanctions of "professional negligence causing death or injury," has sometimes turned Japanese hospitals into crime sites, and doctors and nurses into suspects in death inquiries. The specter of criminal liability has provoked a counter-reaction from the medical world analogous to the movement for medical "tort reform" in the United States. The Article describes Japan's obscure and peculiar system for death inquiries, a structure that has hindered systematic quality-improvement-oriented analysis of fatalities related to medical treatment. It then analyzes Japan's recent initiatives to improve transparency within medicine, facilitate extrajudicial resolution of private damage claims, spur systemwide quality improvement efforts, and diminish criminal law's role in medical quality oversight. Those initiatives include the health ministry-funded Model Project for the Investigation and Analysis of Medical Practice-Associated Deaths, and a proposed national peer review system based on the Model Project. The Article evaluates the Model Project's strengths and weaknesses, and assesses the proposed peer review system and its attendant criticisms. Finally, the Article considers whether recent Japanese developments might offer clues to the redesign of medical injury dispute resolution systems in Western nations, and concludes that the Japanese proposal for impartial expert reviews might serve as one guidepost for some Western reform efforts.
The Truth Can Catch the Lie: The Flawed Understanding of Online Speech in In re Anonymous Online Speakers

Recently, the Ninth Circuit was the first circuit court to address a discovery request to un-mask anonymous speakers in a case involving online speech. Many hoped, given the competing standards developed by courts over the past decade, that In re Anonymous Online Speakers would provide a singular standard to guide the lower courts in anonymous online speech cases. However, not only did the Ninth Circuit decline to clarify competing standards, it mistakenly characterized the online nature of the defendant’s speech as a separate factor in the aforementioned balancing test, finding that the allegedly harmful speech occurred on the Internet inherently weighed against the anonymous speaker. In making this assumption, the Ninth Circuit failed to accurately understand the effect of various online spaces on the accuracy, verifiability, and correct-ability of anonymous online speech. In light of the Ninth Circuit’s decision, this Note argues that regardless of the standard employed in balancing the rights of the anonymous online speakers with the rights of allegedly harmed plaintiffs, courts cannot afford to misunderstand the nature of the Internet nor, by extension, the nature of speech occurring in online contexts.This Note shows that highlighting the online context of the speech is not only necessary for combating the misconception of the Internet as a wild, undifferentiated frontier, but is also in line with established precedent in both anonymous speech cases and cases involving online speech. Furthermore, this Note summarizes recent efforts of a number of district and state courts to take the context of online speech into account when balancing the rights of anonymous speakers with the rights of harmed plaintiffs. These cases reveal that, though good efforts at capturing the nature of speech in a variety of online spaces, courts fail to understand the particularly malleable and fast-changing characteristics of specific online sites. As such, this Note will show that online speech cases occur in situations of a peculiarly malleable nature for two main reasons, and that both reasons must be taken into account in anonymous online speech cases. Not only are the different categories of online spaces themselves constantly developing, but the user norms and technological codes governing speech, actions, and communications within and between these spaces are also constantly (and sometimes abruptly) changing. Thus, courts’ investigations of the meaning and effect of online speech require a nuanced understanding of both the heterogeneity of online spaces as well as the malleable nature of particular sites and services within different categories of online spaces.
AMBIGUITY ABOUT AUDIT PROBABILITY, TAX COMPLIANCE, AND TAXPAYER WELFARE

We show that an increase in uncertainty about the probability of being audited (ambiguity) increases tax compliance for ambiguity-averse taxpayers but reduces compliance for ambiguity lovers. Because experimental evidence reveals considerable heterogeneity with respect to ambiguity preferences, we conclude that fostering uncertainty about the probability of being audited may not be an effective policy for increasing taxpayer compliance. Moreover, because the tax authority can neither categorize nor screen taxpayers on the basis of their preferences for ambiguity, it is not likely to be either a useful or a desirable instrument for increasing taxpayer welfare. (JEL H26, D81)
Coalition formation on the U.S. Supreme Court: 1969–2009

We apply a fallback model of coalition formation to decisions of the U.S. Supreme Court, focusing on the seven natural courts, which had the same members for at least two terms, between 1969 and 2009. The predictions of majority coalitions on each of the courts are generally borne out by the 5–4 decisions, whereas the predictions of the Martin-Quinn (Political Analysis 10(2):134–153, 2002) model, which assumes a single underlying dimension along which the justices can be ordered, are not. The present model also provides insight into the dynamic process by which subcoalitions build up into majority coalitions and, in addition, identifies “kingmakers” and “leaders” on the natural courts. Furthermore, it provides evidence, from coalitional memberships, that a few justices shifted over time from one ideological camp to another.
Why do some firms give stock options to all employees?: An empirical examination of alternative theories

Abstract Many firms issue stock options to all employees. We consider three potential economic justifications for this practice: providing incentives to employees, inducing employees to sort, and employee retention. We gather data from three sources on firms’ stock option grants to middle managers. First, we directly calibrate models of incentives, sorting and retention, and ask whether observed magnitudes of option grants are consistent with each potential explanation. We also conduct a cross-sectional regression analysis of firms’ option-granting choices. We reject an incentives-based explanation for broad-based stock option plans, and conclude that sorting and retention explanations appear consistent with the data.
Capital subsidies, profit maximization, and acquisitions by partially privatized telecommunications carriers

Abstract A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization. Such an acquisition poses the question of how public ownership may alter the incentives of a firm to engage in anticompetitive conduct. It also prompts one to examine the process by which such altered incentives revert, as the level of government ownership declines, to the same incentives that face purely private firms. Using Deutsche Telekom's acquisition of VoiceStream Wireless as a case study, this article presents the economic questions relevant to evaluating the competitive consequences of acquisitions by partially privatized firms. It predicts gains or losses to various constituencies of producer groups. It then analyzes bond ratings and weighted-average costs of capital to determine whether such data are consistent with the hypothesis, advanced by parties opposed to such foreign investment, that partially privatized acquirers benefited from the government subsidization of their credit.
State Judges As Guardians of Federalism: Resisting the Federal Arbitration Act's Encroachment on State Law

Despite leading a "federalism revival," the U.S. Supreme Court has ignored the federalism problem inherent in its decisions nullifying state laws by holding them preempted. The most glaring example is the Court's continuing adherence to its badly reasoned 1984 decision in Southland Corp. v. Keating, which holds that the Federal Arbitration Act3 (FAA) binds state courts and preempts state law. The Southland doctrine restructures state dispute-resolution processes for state law claims and goes a long way towards entirely taking state courts and legislatures out of the business of making contract law. State judges have a special role in protecting federalism, because, unlike their federal counterparts, they are sworn to uphold not one, but two constitutional systems. In this Article I argue that two principled tools of statutory interpretation designed to safeguard state autonomy in the name of federalism"the doctrine of constitutional avoidance and the presumption against preemption"have been ignored, and indeed violated, by the federal courts in FAA preemption cases. I argue further that it is incumbent on state court judges to use these tools pursuant to their dual constitutional duties, which authorize and require them (1) to interpret federal statutes independently in the absence of a controlling Supreme Court precedent; and (2) to give due regard to the interests of their states in the enforcement of state laws in the absence of a clear congressional mandate to preempt those laws. This requires state courts to construe both the FAA itself and the U.S. Supreme Court's FAA preemption precedents as narrowly as good faith permits.
A Look at the Establishment Clause through the Prism of Religious Perspectives: Religious Majorities, Religious Minorities, and Nonbelievers

This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes that the ongoing debates among Supreme Court Justices over the relevance of religious minority perspectives contribute to more general divisions that continue to characterize the current state of the Court’s Establishment Clause jurisprudence.
Private Religious Discrimination, National Security, and the First Amendment

This essay identifies a negative feedback loop between private discrimination directed at American Muslims and security against terrorism. The first part of the loop is familiar: Concerns about terrorism animate greater antipathy toward outsiders. The second part is novel: social discrimination corrodes trust in the police and makes cooperation with police less likely. Insecurity thus creates discrimination, which deepens insecurity. The Religion Clauses of the First Amendment, now greatly weakened, still provide one tool to break this negative feedback loop.
Is It Time for Lawyer Profiles

By the late 1990s, a number of states began to compile publicly available "physician profiles," containing information that might be of use to consumers of medical services, but was previously difficult or impossible for such consumers to obtain. This article considers the pros and cons of making similar profiles regarding lawyers available to potential consumers of legal services.
On the mechanics of economic development

Thls paper considers the prospects for constructing a neoclassical theory of growth and international trade that is consistent with some of the main features of economic development. Three models are considered and compared to evidence: a model emphasizing physical capital accumulation and technological change, a model emphasizing human capital accumulation through schooling, and a model emphasizing specialized human capital accumulation through learning-by-doing.
Compassionate Values and Presidential Politics: Mortality Salience, Compassionate Values, and Support for Barack Obama and John McCain in the 2008 Presidential Election

In line with terror management theory, this research demonstrates that mortality salience motivated increased support for John McCain in the absence of reminders of compassionate values. However, polls had indicated that Barack Obama was generally perceived as the more compassionate of the two candidates. Thus, when compassionate values were made salient, death reminders motivated participants to uphold these values by significantly increasing their support for the more compassionate Barack Obama instead. The implications of these findings for terror management theory, the 2008 presidential election, and political endorsements are discussed.
Insights from Canada for American Constitutional Federalism

The U.S. Supreme Court's decision in National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012), has again focused widespread public attention on the Court as an arbiter of the balance of power between the federal government and the states. The topic of the proper role a nation's highest court in this respect has been important and controversial throughout not only American, but also Canadian history, raising questions of constitutional theory for a federalist republic: What justifies unelected judges interfering with the ordinary political process with regard to federalism questions? Can courts create judicially manageable doctrines to police federalism, with anything more than the raw policy preferences of a the justices as to whether a particular legislative issue is best resolved at the federal or state/provincial/local level? Do doctrines that limit the ability of a national political majority to enact into law policy preferences that are not shared by national political minorities who constitute a majority in one or more states or provinces reflect a country's constitutional values? This Article summarizes the salient aspects of Canadian federalism jurisprudence to shed light on current American controversies. Part I offers brief thoughts on the American constitutional doctrine, suggesting that it fails to provide a coherent and meaningful line between what is national and what is local. Part II discusses the origins of Canadian constitutional federalism and the significantly greater restraints that Canadian judges impose on Parliament than American judges impose on Congress. Part III traces significant differences between Canada and the United States relevant to judicial arbitration of federalism disputes. Part IV analyzes two important aspects of Canadian constitutional doctrine that limit much federal legislation to situations where provinces are unable to act and suggests that these doctrines reflect both historical and contemporary Canadian constitutional values. Next, the Article questions whether current American doctrine similarly reflects historical and contemporary American federalism values. It suggests that this comparative analysis presents American Justices with a clear opportunity to enhance the judicial manageability of federalism standards by borrowing two doctrines from north of the border. These doctrines would significantly limit the ability of national majorities to adopt legislation preventing national minorities that control one or more state legislatures from enacting policies that, in the majority's view, harm the welfare of the entire nation. The Article concludes by questioning whether this importation reflects American constitutional values, and, if not, whether the search for a judicial standard to distinguish what is national and what is local should be abandoned.
Promoting ethical behavior and organizational citizenship behaviors: The influence of corporate ethical values

In the present study, a model of antecedents and outcomes of ethical behavior in work organizations was developed and tested. Antecedents included are corporate ethical values, organizational justice, and organizational commitment. The outcome of organizational citizenship behaviors was also examined. Data were gathered from 489 members of a regional chapter of the National Association of Purchasing Managers (NAPM). Structural equation modeling was used to test the model. Results indicated the data fit the model well. Implications for managers and directions for future research are discussed.
Negotiation, Settlement and the Contingent Fee

This commentary offers four observations on the relationship of the settlement process to the contingent fee. Each wa stimulated by Professor Samuel R. Gross's paper, We Could Pass a Law... What Might Happen if Contingent Legal Fees Were Banned, 47 DePaul L. Rev. 321 (1998). The first concerns the effects of fee arrangements on the settlement process. In most tort litigation today, "single-shot" plaintiffs with contingent fee lawyers face insured defendants whose lawyers are compensated by the hour. To what extent would the balance of bargaining power between plaintiffs and litigation insurance and where fee shifting with losers paying was the rule? The second observation, also connected to the settlement process, relates to the potential use of Alternative Dispute Resolution ("ADR") in accident cases. In a world where the contingent fee was banned, Professor Gross suggests there is little incentive for defendants to participate in ADR. I explain why, in terms of today's institutional arrangements, there would in fact appear to be powerful incentives for the demand for ADR to increase in the years to come. The third observation relates to Professor Gross's observation that "it is uncommon for plaintiffs' attorneys to compete by varying the terms of the contingent fee contracts that they offer." If plaintiffs" lawyers "rarely" compete in this way, in a market where there are admittedly large numbers of lawyers, what alternate form does competition take? With respect to the allocation of cases among plaintiffs' lawyers, what are the effects? The final observation relates to the overall transaction costs of an accident compensation system that largely depends not only on the contingent fee, but also on what Professor Gross correctly characterizes as a "highly complex, privatized, lawyer-dominated system of civil litigation."
Measuring marginal risk contributions in credit portfolios

We consider the problem of decomposing the credit risk in a portfolio into a sum of risk contributions associated with individual obligors or transactions. For some standard measures of risk – including value-at-risk and expected shortfall – the total risk can be usefully decomposed into a sum of marginal risk contributions from individual obligors. Each marginal risk contribution is the conditional expected loss from that obligor, conditional on a large loss for the full portfolio. We develop methods for calculating or approximating these conditional expectations. Ordinary Monte Carlo estimation is impractical for this problem because the conditional expectations defining the marginal risk contributions are conditioned on rare events. We develop three techniques to address this difficulty. First, we develop importance sampling estimators specifically designed for conditioning on large losses. Next, we use the analysis underlying the importance sampling technique to develop a hybrid method that combines an approximation with Monte Carlo. Finally, we take this approach a step further and develop a rough but fast approximation that dispenses entirely with Monte Carlo. We develop these methods in the Gaussian copula framework and illustrate their performance in multifactor models.
SURGING CAPITAL FLOWS TO EMERGING ASIA: FACTS, IMPACTS AND RESPONSES

Net capital flows to Emerging Asia rebounded at a record pace following the global financial crisis, raising concerns about overheating and financial stability. This paper documents the size and composition of the most recent surge to Asian emerging markets from a historical perspective and compares developments in the broader economy, asset prices, and corporate variables across the different episodes of strong inflows. We find little evidence of a significant build-up of imbalances and resource misallocation during the most recent surge. We also review country experiences in managing the risks associated with inflows and argue that Asian countries have used regulatory measures during past surges.
Kenneth Burke's Constabulary Rhetoric: Sociorhetorical Critique in Attitudes Toward History

Scholars have shown that Kenneth Burke's research on drug addiction at the Bureau of Social Hygiene shaped his rhetorical theory in Permanence and Change, but less attention has been paid to another facet of this research, criminology, and its influence on Attitudes Toward History. In Attitudes, Burke uses a criminological framework, called the “constabulary function,” to characterize the rhetorical strategies political and economic elites use to bolster a deteriorating social order while deflecting attention away from broader, systemic problems. The constabulary function and its attendant terms—alienation, cultural lag, transcendence, symbols of authority, and secular prayer—provide a vocabulary for sociorhetorical critique. I examine how Burke's theory of the constabulary function grew out of his criminological research, consider how that theory informs key terms in Attitudes.
Reading the Product: Warnings, Disclaimers, and Literary Theory

The conventional wisdom among some scholars and courts seems to be that product warnings and disclaimers are ineffective – that even if problems with font, location, and other visual elements are resolved, consumers are unable to process these messages. Behavioral economists explain this difficulty by cataloging the various ways in which consumers fail to appreciate risk: cognitive biases, willful ignorance, or the overwhelming appeal of advertising. And yet, the law hasn't abandoned reliance on warnings or disclaimers. Product liability law not only encourages their presence but (in a failure-to-warn case) expects consumers to read and understand them. Courts in trademark infringement cases will, on occasion, order a disclaimer when they feel that important speech-related interests are at stake. And the Supreme Court has suggested the use of disclaimers in several First Amendment-related (albeit not product-related) cases. This conflicted approach is a bit puzzling: If these messages are truly useless, then we might expect courts to abandon reliance on them as any sort of an effective remedy or as considerations in whether the defendant has acted reasonably. The fact that courts haven't done so suggests that courts do not believe that such messages are useless. If that is the case, perhaps we should find ways to increase the chances that such messages are presented effectively, rather than having our initial response be one of skepticism and doubt.While behavioral economics has contributed many important insights in this regard, literary theory provides an additional consideration. This piece, written for a symposium titled “Reasoning from Literature,” suggests that by recognizing that warnings and disclaimers are “texts” (in the literary theory sense) – and by taking advantage of recent marketing literature on “reading” advertisements – we might well discover that drafting the warning or disclaimer in a particular way may solve some of consumers’ interpretive problems. In other words, to the extent that the conventional wisdom is predicated on a belief that consumers don't have the ability to process these types of contradictory messages, literary theory counters this belief by explaining how readers interpret parody and other similar texts. It also tells us that the most effective way to yield a preferred meaning among readers, given that each reader will bring her own meaning to the table, is to appeal to context and interpretive communities to encourage similar patterns of reading such texts.
Discussion of “How well do investors understand loss persistence?”

Li (Rev Acc Stud, 2011) proposes a quarterly earnings prediction model for loss generating firms, shows that it produces better specified future earnings estimates relative to naive quarterly forecast models, and that it can be used to form a trading strategy that produces economically significant annual hedge returns. I discuss alternative perspectives on Li’s empirical results and suggest directions for future research.
International reserve holdings: interest rates matter!

We argue that the literature on optimal international reserve holdings in an era of high-capital mobility fails to find interest rates is a strongly significant factor because of the endogeneity of interest rates and reserves under fixed exchange rate regimes. Using two-stage least squares we control this and regain statistical significance for interest rates.
'Once Upon a Time, In a Land Far, Far Away...' Lawyers and Clients Telling Stories about Ethics (and Everything Else)

Framed by an analysis of two particular ethical rules and their application to specific situations, this piece uses the metaphor of storytelling to explore the lawyer's role as an effective and ethical client representative. Drawing from the experiences of two sets of clients and their lawyers, the piece proposes an approach to ethical regulation (as one component of the lawyer-client relationship) that requires the lawyer to engage in a deeply contextual analysis of the specific and particular ethical conflicts presented to him in any particular case; and work with his client to determine how to resolve those conflicts. The first part of the article introduces the stories of these clients as the lawyers came to know them and as the ethical dilemmas unfolded. This section sets the stage for further analysis both of the Rules of Professional Conduct and of the process lawyers undertake to understand and apply those rules. The second part of the paper shifts the focus to the Model Rules of Professional Conduct themselves and tells the stories again, this time in the context of those rules. This second telling reveals that the rules that make up the system of ethical regulation are interpreted to apply to generic, abstract clients in generic, abstract situations. Drawing on critical lawyering and narrative theory, the third part of the paper proposes an alternative approach to interpreting and resolving ethical conflicts. The article suggests that the system of regulation should be interpreted to allow room for the attorney to consider and incorporate the client's narrative context. Such an approach places the client in the center of the inquiry and requires the lawyer and client to engage actively in dialogue and problem-solving. It allows the lawyer and client together to arrive at solutions that both respond to the particular client's needs, and attend to the moral and ethical concerns the lawyer and society might have. By using a critically reflective, intentional process of inquiry around ethical (and other) concerns, the lawyer must focus on this particular client in the context of his life and his legal/non-legal needs in this particular situation. Such an inquiry results in a widening of the frame of the client's case such that what appear to be intractable and prominent ethical (and other) issues at the outset actually fade into the background as the lawyer and client together either resolve or preempt them completely.
The Rostrum Principle: Why the Boundaries of the Public Forum Matter to Statutory Interpretation

Should the Court intervene when the text of a law says one thing but the public “marketing” of the law – the intent as expressed by the legislators to the voting public – says another, presumably more politically palatable, idea? This article proposes a normative approach to statutory interpretation (the “Rostrum Principle”) that would consider how legislation was marketed to the public by the legislators when interpreting ambiguous language. The Rostrum Principle would operate alongside other statutory interpretation tools as another form of extrinsic evidence of meaning, in other words, when there is a disconnect between the deal struck by legislators and the marketing of legislation to the people, the court should interpret the legislation with a presumption toward the way it was expressed to the voters by legislators. This allows the Court to reinvigorate separation of powers through strengthening the voter’s ability to hold the legislature accountable for its policy campaigns.Legislators’ marketing of legislation takes place beyond traditional legislative history and in many more forms of media outreach. This article explores the shifting public forum, how the public debate relates to the legislative agenda, and finally what these shifts mean for separation of powers. The article also examines recent federal circuit courts wresting with how or when such evidence of meaning might be useful to interpretation. The article concludes with a definition and limiting principles that are necessary to development of the Rostrum Principle, and addresses anticipated criticisms and concerns.
Using Spatial Econometric Techniques to Analyze the Joint Employment Decisions of Spouses

Studies of the joint time-use decisions of spouses have relied on joint estimation of time-use equations, sometimes assuming correlated errors across spouses’ equations and sometimes directly examining the effects of one spouse’s time use on another’s, relying on panel data or instrumental variables techniques to account for endogeneity. However, panel data often are not available and available instruments often are not satisfactory, making examination of the direct relationship between spouses’ time use difficult. Spatial econometric techniques applied to cross-sectional data do not require instrumental variables. This study estimates both a Spatial Autoregressive (SAR) Model and a Spatial Durbin Error Model (SDEM) to examine the labor hours of husbands and wives in dual-earner couples using the 2012 Annual Social and Economic Supplement to the Current Population Survey (ASEC). In these models, each spouse is treated as a direct “neighbor” of the other in a spatial weight matrix and non-spouses are treated as non-neighbors. Estimates of both the own- and cross-wage effects on labor hours and an estimate of the direct relationship between spouses’ labor hours are obtained.
Labor skills and foreign investment in a dynamic economy : estimating the knowledge-capital model for Singapore

Singapore is an interesting example of how the pattern of foreign investment changes with economic development. The authors analyze inbound and outbound investment between Singapore and a sample of industrialized and developing countries over the period 1984-2003. They find that Singapores two-way investment with industrialized nations has shifted into skill-seeking activities over the period, while Singapores investments in developing countries have increased sharply and become concentrated in labor-seeking activities. Singapores increasing skill abundance relative to all countries in the sample accounted for 41 percent of average inbound stocks during the period, that is, US$18 billion annually; the corresponding figure for outbound stocks was 40 percent, that is, US$5.51 billion annually.
Common Benefit Fees in Multidistrict Litigation

This article discusses the history of the common benefit fee concept, how the amount of the common benefit fee is computed, the eligibility requirements for claiming common benefit fees and the method for determining how these fees should be distributed among those who have done common benefit work.
Is There a Law Instinct

The widely held view is that legal systems develop in response to purposeful efforts to achieve economic, political, or social objectives. An alternative view is that reliance on legal systems to organize social activity is an integral part of human nature, just as language and morality now appear to be directly shaped by innate predispositions. This Article formalizes and presents evidence in support of the claim that humans innately turn to legal systems to organize social behavior.
Atoms Versus Bits: Consumer Protection in the (Cyber) Trade Regime

Building on Nicholas Negroponte’s now famous dichotomy, one can say that trade law was designed for the world of atoms but now undeniably has to deal with the digital world. One aspect of the relationship between trade law and electronic commerce is consumer protection. These remarks examine how consumer interests are affected by cross-border e-commerce, the ways in which trade law protects or hinders these interests, and the venues outside of trade law that may be better hosts for consumer protection laws.
Does it matter who pays for bond ratings? Historical evidence

Abstract We test whether Standard and Poor's (S&P) assigns higher bond ratings after it switches from investor-pay to issuer-pay fees in 1974. Using Moody's rating for the same bond as a benchmark, we find that when S&P charges investors and Moody's charges issuers, S&P's ratings are lower than Moody's. Once S&P adopts issuer-pay, its ratings increase and no longer differ from Moody's. More importantly, S&P only assigns higher ratings for bonds that are subject to greater conflicts of interest, measured by higher expected rating fees or lower credit quality. These findings suggest that the issuer-pay model leads to higher ratings.
Pregnancy and Sex Role Stereotyping: From Struck to Carhart

I. PREGNANCY AND THE ANTISTEREOTYPING PRINCIPLE: THE 1970S 1099 A. Struck v. Secretary of Defense 1099 B. Abele v. Markle 1103 II. INCREMENTAL CHANGE: EMERGENT ANTISTEREOTYPING CONSTRAINTS ON THE REGULATION OF PREGNANCY 1106 A. Equal Protection 1106 B. Abortion Rights 1107 III. GEDULDIG IN THE TWENTY-FIRST CENTURY 1111
Analyzing the Relationship Between Organic and Sponsored Search Advertising: Positive, Negative, or Zero Interdependence?

The phenomenon of paid search advertising has now become the most predominant form of online advertising in the marketing world. However, we have little understanding of the impact of search engine advertising on consumers' responses in the presence of organic listings of the same firms. In this paper, we model and estimate the interrelationship between organic search listings and paid search advertisements. We use a unique panel data set based on aggregate consumer response to several hundred keywords over a three-month period collected from a major nationwide retailer store chain that advertises on Google. In particular, we focus on understanding whether the presence of organic listings on a search engine is associated with a positive, a negative, or no effect on the click-through rates of paid search advertisements, and vice versa for a given firm. We first build an integrated model to estimate the relationship between different metrics such as search volume, click-through rates, conversion rates, cost per click, and keyword ranks. A hierarchical Bayesian modeling framework is used and the model is estimated using Markov chain Monte Carlo methods. Our empirical findings suggest that click-throughs on organic listings have a positive interdependence with click-throughs on paid listings, and vice versa. We also find that this positive interdependence is asymmetric such that the impact of organic clicks on increases in utility from paid clicks is 3.5 times stronger than the impact of paid clicks on increases in utility from organic clicks. Using counterfactual experiments, we show that on an average this positive interdependence leads to an increase in expected profits for the firm ranging from 4.2% to 6.15% when compared to profits in the absence of this interdependence. To further validate our empirical results, we also conduct and present the results from a controlled field experiment. This experiment shows that total click-through rates, conversions rates, and revenues in the presence of both paid and organic search listings are significantly higher than those in the absence of paid search advertisements. The results predicted by the econometric model are also corroborated in this field experiment, which suggests a causal interpretation to the positive interdependence between paid and organic search listings. Given the increased spending on search engine-based advertising, our analysis provides critical insights to managers in both traditional and Internet firms.
Earnings announcements and attention constraints: The role of market design

Abstract We identify a new channel – market makers' attention constraints – through which earnings announcements for one stock affect the liquidity of other stocks. When some stocks handled by a designated market maker have earnings announcements, liquidity is lower for non-announcement stocks handled by the same market maker, with the largest effects coming from earnings surprises and stocks with high earnings response coefficients. Half of the liquidity decline reflects attention constraints binding on the individual market maker, and the other half is explained by the market maker's inventory. We further find that a market design change that increases automation alleviates the liquidity effect of attention constraints, despite an increase in the number of stocks allocated to each market maker.
Employment Flows, Capital Mobility, and Policy Analysis

This article extends Hopenhayn and Rogerson's analysis of firing taxes by introducing a flexible form of capital and considering transitionary dynamics. The article finds that capital is not important for understanding the long run and welfare effects of firing taxes. However, capital is crucial for determining the short run consequences of eliminating this type of policy.
The Good Society, Commerce, and the Rehnquist Court

What is the relation between constitutional interpretation and the good society? Different approaches to constitutional interpretation give very different answers.For textualists and originalists, there is no necessary connection. For them, the goal of constitutional interpretation is to discover what the words of the Constitution mean or meant and enforce that meaning. The constitutional textualist or originalist may believe, like many lay Americans have believed for much of our history, that the "Miracle at Philadelphia," as supplemented by the amendment process, has produced such a wondrous document that applying its meaning will typically lead to the best of all possible worlds. The textualist or originalist, however, accepts that when the Constitution and his vision of the good society make competing demands, he owes his allegiance to the former.Interpreters committed to a "moral reading" of the Constitution believe that at least some provisions of the Constitution-most notably the First Amendment, the Due Process Clauses, and the Equal Protection Clause-enact moral principles For two reasons, those moral principles are not co-extensive with the ordering principles of the good society. First, the Constitution only provides a framework of government; it does not set forth a comprehensive moral view. Thus, a complete vision of the good society must supplement the Constitution's moral principles with additional ones. Second, at least as espoused by its leading proponent, the moral reading recognizes the constraint of precedent broadly construed. A moral reading must not only be morally attractive; it must also fit our constitutional tradition, and that tradition may depart in important respects from the ideal. Within these limits, however, a moral reading of the Constitution is likely to advance the reader's vision of the good society.
Order without law? Property rights during the California gold rush

Abstract The paper reconsiders the nature of mining districts and property rights during the California gold rush. According to a widely accepted view advanced by Umbeck [Explorations in Economic History 14 (1977) 197; A Theory of Property Rights with Application to the California Gold Rush. Iowa State University Press, Ames, IA, 1981], in the absence of effective legal authority, district codes established secure property rights in mining claims. Such accounts neglect essential aspects of the economic context, specifically that the gold rush approximated an open-access race for a small number of high value deposits. We show that mining district codes gave equal attention to the rights of claim-jumpers as to claim holders, a balance that in practice generated chronic insecurity and litigation. A simple game-theoretic model illustrates stylized features of the situation.
The medical resident working hours debate: a proposal for private decentralized regulation of graduate medical education.

This Article examines and evaluates the costs and benefits of allowing certain bodies to regulate physician residency programs. Although most scholarship has promoted regulation either by governmental entities, the ACGME, or residents themselves, none of these groups is suited to this task. I argue that the ideal regulatory system should involve a decentralized private sector approach, achieved by ending the ACGME monopoly over graduate medical education accreditation and allowing for multiple graduate medical education accrediting agencies. Switching to a private decentralized system would allow for greater experimentation, which would increase the likelihood of discovering the best way to regulate resident working conditions to enhance patient safety, as well as preserve health professional control over the process.
The Ideology of Legal Interpretation

Legal scholars and political scientists often disagree over the degree to which legal interpretive strategies might, at least in part, drive judicial decision-making. In other words, when a judge uses “originalism” to interpret the Constitution, does she do so because she truly adheres to that strategy and finds its result determinative, or does she do so as a means to an ideological end? Political scientists most often consider “the law,” as measured by case facts or precedent or invocations of the intent of the framers, mere “window dressing” that provides cover for judges to vote in accordance with their preferred policy outcome. Legal scholars, more often than political scientists, attribute decisions to legal analysis.
The Client Who Did Too Much

Using Hitchcock's MacGuffin as a theme, I discuss the dynamics between client and lawyer when the client so obsesses over the issue driving him that he persuades (or attempts to persuade) the lawyer to do things that are inadvisable from the lawyer's point of view.
A Dynamic Model of Consumer Replacement Cycles in the PC Processor Industry

As high-tech markets mature, replacement purchases inevitably become the dominant proportion of sales. Despite the clear importance of product replacement, little empirical work examines the separate roles of adoption and replacement. A consumer's replacement decision is dynamic and driven by product obsolescence because these markets frequently undergo rapid improvements in quality and falling prices. The goal of this paper is to construct a model of consumer product replacement and to investigate the implications of replacement cycles for firms. To this end, I develop and estimate a dynamic model of consumer demand that explicitly accounts for the replacement decision when consumers are uncertain about future price and quality. Using a unique data set from the PC processor industry, I show how to combine aggregate data on sales and product ownership to infer replacement behavior. The results reveal substantial variation in replacement behavior over time, and this heterogeneity provides an opportunity for managers to tailor their product introduction and pricing strategies to target the consumers of a particular segment that are most likely to replace in the near future.
The Fossil Production Function in a Vintage Model

This paper extends the fossil production function to incorporate embodied technical change. The fossil production function provides an alternative to the standard neoclassical explanation for the aggregate production function. In a Classical Ricardian spirit, the paper assumes that capital-using, labour saving technical change prevails, and shows that it generates a fossil production function in Cobb-Douglas form. The power term of the production function mediates the viability of new machines. A sufficient condition for viability is that the power term equals or exceeds the profit share on new machines. Empirical estimates show that this sufficient condition is satisfied, a result inconsistent with the neoclassical interpretation of the aggregate production function.
Chinese People's Congresses and Legislative Embeddedness Understanding Early Organizational Development

Evidence from medieval Europe and modern China suggests that cooperation with strong executives plays a larger role in early legislative development than is generally acknowledged: that under conditions of absolutism (or near-absolutism), acceptance and exploitation of subordination may be a means to organizational development. In this article, the author relies primarily on interview data and Chinese field research to show that early legislative development can occur without significantly increasing conflict with established authorities and without winning autonomy. The author further argues that legislative embeddedness, as measured by clarified and expanded jurisdiction and increased capacity, is a product less of conflict than of executive support and attention, and that support and attention in the early stages of organizational development can be understood in terms of a legislature's presence, its reliability and usefulness, and the political standing of its leaders. The article's conclusion offers...
Literature in the Dock: The Trials of Oscar Wilde

This essay uses the recently published expanded record of the Queensberry libel trial to revisit the relationship between the ‘literary’ and ‘sexual’ dimensions of the Wilde scandal. The defence was guided by an integrated conception of the links between the two that shaped both the public responses and the legal proceedings, including the criminal prosecution. The conflict between moral literalism and aesthetic indeterminacy not only informed the legal determination of sexual guilt but also was inflected by social class in ways that contributed to the construction of male homosexuality and of the ‘literary’.