cssi/SciSciGPT-SciSciNet huggingface dataset:
When Daddy Doesn't Want to Be Daddy Anymore: An Argument Against Paternity Fraud Claims

Paternity fraud is a growing phenomenon. Many men who have either been adjudicated fathers or who have voluntarily acknowledged their paternal legal status are now challenging the propriety of those legal determinations because genetic testing subsequently revealed their nonpaternity. Responding to growing concerns from men who no longer wish to pay child support for their nonbiological children, a growing number of states, by case or statute, permit men to disestablish paternity if they successfully offer scientific proof - i.e., DNA test results - that demonstrate a genetic impossibility of paternity. Advances in paternity testing causes us to re-examine the legal and policy justifications for redefining families. The structure of the American family has undergone dramatic change in recent years and the numbers of traditional nuclear families are in decline while single-parent families and stepfamilies are growing. In an era in which individuals and couples, heterosexual and homosexual, are embracing new reproductive technologies to create families, the biological connection often does not assist in establishing legal parentage for intended parents. Couples and individuals alike may contract with sperm donors, egg donors, and/or gestational surrogates to create families. As a result, reliance on biology as the sole means by which to determine legal parentage no longer makes sense. Functional parenthood - emphasizing the daily, routine, and even mundane aspects of everyday parenting - provides a more realistic approach to defining legal parentage, especially for nontraditional families. In addressing the issue of paternity fraud claims, this Article endeavors to reconcile two competing theoretical trends in family law: biology versus functionality. As discussed herein, many courts and scholars embrace functionality in the context of establishing parental relationships yet place emphasis on biology in disestablishing parental relationships. While the differences between seeking to establish a child-parent relationship and disestablishing such a relationship are noted and discussed, they are nonetheless synthesized to encourage one family law model, rather than two. This Article offers readers a fresh perspective not only regarding paternity fraud claims but modern family law generally, by seeking middle-ground between the legal foci of biology and functionality. My proposal for resolving paternity fraud claims involves a balancing between the competing interests of a legal, yet nonbiological father, and his child.
The Invisible Corner: Expanding Workplace Rights for female day Laborers

Governmental approaches to regulating day labor markets have focused principally on industries such as construction, landscaping and agriculture, in which men almost exclusively work. Legal and social science scholarship regarding day labor has largely ignored the significant numbers of women working in domestic industries like housekeeping and child-care. Such workers are in all respects “day laborers,” who contract for no more than a day's or a few hours' pay, and who experience the acute contingency and imbalance of economic and political power that typify the day labor employment relationship. Despite some progressive advances for day laborers generally, including the creation of formal hiring sites, women are often forced to search for domestic day labor in unregulated public and private spaces, with few legal protections.The Article considers why women have largely been excluded from legislation and public policies designed to regulate day labor markets and improve day laborers' working conditions. The Article explores new models of regulation, organizing, and advocacy that can help shift the imbalance of power between domestic day laborers and their employers.Alternative models for improving working conditions for female day laborers are particularly important because domestic workers are specifically exempted from many of the major federal and state laws designed to protect employees, and are therefore particularly vulnerable to abuse and exploitation by unscrupulous employers. Through the development of worker cooperatives and collectives, domestic workers have successfully organized for greater workplace protections and transformative changes within the domestic work industries. The Article recommends that federal, state and local lawmakers reexamine the historically gendered approach to day labor and enact legislation to bridge the gap between existing employment laws and the realities of domestic day labor markets.
Environmental uncertainty and managers’ use of discretionary accruals

Abstract Although an organization’s environmental uncertainty may induce greater variability in reported earnings, managers have incentives to reduce this variability. The flexibility accorded by generally accepted accounting principles (GAAP) provides managers the means to accomplish this via exercising discretion in recognizing accounting accruals. Thus, we examine the relation between managers’ use of discretionary accruals and environmental uncertainty. Overall, evidence suggests managers use discretionary accruals to reduce the variability in reported earnings more when firms operate in high uncertainty.
Penalizing the Underdogs? Employment Protection and the Competitive Dynamics of Firm Innovation

This study examines how constraining a firm’s ability to adjust resources affects innovation and underscores a firm’s competitive position as a critical contingency to the competing demands for fle...
Keeping Arbitrations from Becoming Kangaroo Courts

Arbitration has grown rapidly during the past 20 years. Particularly notable and problematic is the rapid onset of new or mass arbitration that has resulted from the judiciary's modern favorable attitude toward enforcement of arbitration clauses, even those imposed upon consumers, employees, small vendors, and debtors as part of a standardized contract of adhesion. In a separate article (See "Mandating Minimum Quality in Mass Arbitration," 76 U. Cin. L. Rev. (forthcoming 2007)), I present a more comprehensive list of what I regard as the necessary steps that must be taken to insure minimally acceptable quality and fairness in mass arbitration. In this article, I focus more specifically on the questions of impartiality, adherence to substantive law, and judicial review, although these concerns are of course also dimensions of any reasonably broad inquiry into quality. The explosion of mass arbitration during the late 20th Century has created too much potential that arbitration could become an unfair forum for dispute resolution. Of particular concern is the impartiality and competence of the arbitrator, consistency with substantive law, and quality control through appellate review. This article advances three operational proposals for achieving rough equivalency between arbitration and litigation: (1) a licensing system for arbitrators in mass arbitrations; (2) a default rule that arbitration follow substantive law and reach results consistent with substantive law; and (3) replacement of the current deferential standard of review for arbitration awards with appellate review similar to that accorded trial court decisions. However, parties in traditional commercial arbitration should be permitted to contract around the requirement of licensed arbitrators bound to follow substantive law and should also be permitted to stipulate to restricted judicial review.
Disagreement point axioms and the egalitarian bargaining solution

We provide new characterizations of the egalitarian bargaining solution on the class of strictly comprehensive n-person bargaining problems. The main axioms used in all of our results are Nash’s IIA and disagreement point monotonicity—an axiom which requires a player’s payoff to strictly increase in his disagreement payoff. For n = 2 these axioms, together with other standard requirements, uniquely characterize the egalitarian solution. For n > 2 we provide two extensions of our 2-person result, each of which is obtained by imposing an additional axiom on the solution. Dropping the axiom of anonymity, strengthening disagreement point monotonicity by requiring player i’s payoff to be a strictly decreasing function of the disagreement payoff of every other player j ≠ i, and adding a “weak convexity” axiom regarding changes of the disagreement point, we obtain a characterization of the class of weighted egalitarian solutions. This “weak convexity” axiom requires that a movement of the disagreement point in the direction of the solution point should not change the solution point. We also discuss the so-called “transfer paradox” and relate it to this axiom.
The Normative Impact of Consumer Price Expectations for Multiple Brands on Consumer Purchase Behavior

Empirical research indicates that some consumers form price expectations which may impact their purchase behavior. While literature in operations research has built purchase policy models incorporating uncertain price expectations, these models have been built for commodities. Consumers face an environment with multiple brands. In this paper, we develop a model that incorporates consumer preferences and price expectations for multiple brands as determinants of normative consumer purchase behavior. The model demonstrates how commodity purchase policy models recognizing price uncertainty can be adapted to the study of multi-brand markets. The model is used to analyze the normative impact of changes in price promotion policies and holding costs on individual purchase behavior. It is also used in a Monte-Carlo market simulation that illustrates some scenarios where a post-promotion dip is more or less evident, and provides an explanation for the nonexistent post-promotion dip.
How to Be Critical

This work is a contribution to a symposium: Philosophical Hermeneutics and Critical Legal Theory. The central question for this essay is the following: Given the nature of critical activity and theory, how can one be critical? My thesis is that Hans-Georg Gadamer's philosophical hermeneutics, when combined with Jurgen Habermas's communicative (or discourse) theory or Jacques Derrida's deconstruction, can guide us toward critical activity. The article summarizes philosophical hermeneutics and examines the relationship between Gadamer's hermeneutics and critical legal activity. Philosophical hermeneutics explains, on the one hand, how we can come to understand critical concepts and, on the other hand, how being critical can be a difficult task. It then explores first, how Habermas's discourse theory and second, how Derrida's deconstruction can supplement philosophical hermeneutics to help engender critical activity.
Copyright Opinions and Aesthetic Theory

In this Article the author contends that judges should be conscious of aesthetics when deciding copyright cases. However, given the inherent ambiguity of aesthetics and the supposedly objective rules and principles that govern judicial opinions, courts implicitly assume a sharp divide between aesthetic reasoning and legal reasoning. Additionally, because aesthetic choices by judges could potentially be deemed government censorship, the two are further considered incompatible. The author argues, however, that this distinction is illusory in that a truly open-minded copyright jurisprudence requires explicit awareness of aesthetics. This argument is supported firstly by a description of four major movements from aesthetic theory, which represent some of our culture's most thoughtful observations about art and its meaning. Secondly, case analyses from three major doctrines in copyright law illustrate how legal reasoning appears to avoid aesthetic issues in copyright. Lastly, the Article argues for explicit consciousness of aesthetics as the best way to treat varying aesthetic viewpoints fairly.
Alternative Models for Capturing the Compromise Effect

Abstract The compromise effect denotes the finding that brands gain share when they become the intermediate rather than extreme option in a choice set. Despite the robustness and importance of this phenomenon, choice modelers have neglected to incorporate the compromise effect in formal choice models and to test whether such models outperform the standard value maximization model. In this article, the authors suggest four context-dependent choice models that can conceptually capture the compromise effect. Although the models are motivated by theory from economics and behavioral decision research, they differ with respect to the particular mechanism that underlies the compromise effect (e.g., contextual concavity versus loss aversion). Using two empirical applications, the authors (1) contrast the alternative models and show that incorporating the compromise effect by modeling the local choice context leads to superior predictions and fit compared with the traditional value maximization model and a stronge...
Scaling the Hierarchy: How and Why Investment Banks Compete for Syndicate Co-management Appointments

We show that relatively optimistic research and even the mere provision of research coverage for the issuer (regardless of its direction) attract co-management appointments for securities offerings. Co-management appointments are valuable because they help banks establish relationships with issuers. These relationships, in turn, substantially increase the banks' chances of winning more lucrative lead-management mandates in the future. This is true even in the presence of historically exclusive banking relationships. The Author 2009. Published by Oxford University Press on behalf of The Society for Financial Studies. All rights reserved. For Permissions, please e-mail: journals.permissions@oxfordjournals.org., Oxford University Press.
What is Left of the Law and Society Paradigm after Critique? Revisiting Gordon's “Critical Legal Histories”

For more than twenty-five years, Robert Gordon's “Critical Legal Histories” has been savored by legal historians as one of the most incisive explanations available of what legal history can and should be. Gordon's essay, however, is of significance to the course of sociolegal studies in general. This commentary offers an appreciation, and a critique, of “Critical Legal Histories.” It explores Gordon's articulation of the central themes of critical legal studies, in particular his corrosion of functionalism and embrace of the indeterminacy thesis, and assesses the consequences for sociolegal and legal-historical analysis of the resultant stress on the contingency and complexity of social life.
In-Hand Object-Dynamics Inference Using Tactile Fingertips

Having the ability to estimate an object's properties through interaction will enable robots to manipulate novel objects. Object's dynamics, specifically the friction and inertial parameters have only been estimated in a lab environment with precise and often external sensing. Could we infer an object's dynamics in the wild with only the robot's sensors? In this article, we explore the estimation of dynamics of a grasped object in motion, with tactile force sensing at multiple fingertips. Our estimation approach does not rely on torque sensing to estimate the dynamics. To estimate friction, we develop a control scheme to actively interact with the object until slip is detected. To robustly perform the inertial estimation, we setup a factor graph that fuses all our sensor measurements on physically consistent manifolds and perform inference. We show that tactile fingertips enable in-hand dynamics estimation of low mass objects.
The Zeal Shortage

Although the duty of zealous advocacy enjoys nominal approval in most state bar rules and the secondary literature, today the majority of writings about zeal in the practice of law present zeal in a negative light. Critics use this word to object to lawyers' dishonesty, hyperpartisanship, aggressive or confrontational work styles, rudeness, and disregard for the interests of adversaries, the courts, and the public. This article, part of a Hofstra University symposium, builds on the literature that praises zealous advocacy (much of it written by symposium honoree Monroe Freedman) to identify a shortage of zeal in American legal practice and identifies legal education as a culprit. Arguing that new rules of professional responsibility could enhance the supply of zealous advocacy, the article endorses the Massachusetts variation on Model Rule 1.3, and presents a new Model Rule 1.18(e) with comments.
Money and its institutional substitutes: the role of exchange institutions in human cooperation

This paper offers an increasing returns model of the evolution of exchange institutions building on Smith's dictum that ‘the division of labor is limited by the extent of the market’. Exchange institutions are characterized by a tradeoff between fixed and marginal costs: the effort necessary to execute an exchange may be economized by up-front ‘investment’ in strategies to facilitate the publication and accounting of trading histories. Increases in the size of the exchange network select for higher-fixed-cost exchange institutions, beginning with autarky, through various intermediate stages, and finally to mass monetary exchange. By identifying the relevant fixed costs of money and its institutional substitutes across time, the paper both accounts for the persistence of pre-monetary exchange institutions, despite the ‘inevitability’ of monetary exchange that seems to be a feature of traditional models of the origin of money, and illuminates the forces driving the transition from one to another.
Were “It” to Happen: Contract Continuity Under Euro Regime Change

One way or another, the European Monetary Union (“EMU”) is apt to endure. The prospect of continuation under the precise contours of the regime as we presently find it, however, is anything but certain. Hence many investors and other actual or prospective contract parties are likely to remain skittish until matters grow clearer. This skittishness, importantly, can itself hamper the prospect of expeditious European recovery. Addressing particular sources of ongoing uncertainty about EMU prospects can itself therefore aid in the project of recovery. This Essay accordingly aims to impose structure upon one particular, and indeed particularly complex, source of uncertainty now damaging EMU prospects. That is the matter of how best to defend, legally speaking, continuity of contract in the event of some basic change in the current Euro regime. The hope is that sizing up and breaking down this question into its constituent parts might accomplish at least three related aims. One is to render the hypothetical problems raised by the question more tractable than they would otherwise be. Another is to facilitate the development of provisional plans of approach to such problems in the event they should present themselves. Finally, yet another is to afford confidence to the markets by enabling contingency planning of the sort just suggested, thereby lessening the likelihood of self-fulfilling ‘run’-like activity on European debt instruments.
‘It’s Not All Flowers and Daisies’: Masculinity, Heteronormativity and the Obscuring of Lesbian Identity in the Repeal of ‘Don’t Ask, Don’t Tell’

This Essay critiques from a feminist perspective the repeal of Public Law 103-160, 10 U.S.C. § 654, colloquially known as "Don't Ask, Don't Tell," exploring previously unexposed connections between increasing rates of sexual assault in the U.S. military and the longstanding, disproportionate enforcement of military anti-homosexuality policies against female service personnel. The discourse surrounding the "Don't Ask" repeal overwhelmingly has centered on issues regarding the integration of openly gay male soldiers into combat units. This Essay argues, however, that the historical overrepresentation of women as victims of military anti-homosexuality policies, the underrepresentation of women in crafting such policies, and rising rates of sexual assault among troops suggest that "Don't Ask, Don't Tell" was less about prejudice against serving in foxholes with gay male service members and more about the persistent reluctance to open high-level military careers to women. Uncritically embracing the repeal without carefully examining the discriminatory history of the armed services' anti-homosexual policies, their effects on female service personnel, and the mechanisms in place to protect such personnel from discrimination in the future is shortsighted and risks further entrenching harmful sexist and heterosexist values. t Assistant Professor of Law, Phoenix School of Law. Ph.D., Justice Studies, Arizona State University; J.D., New York University School of Law; B.A., Wellesley College. I wish to thank Diane H. Mazur for her thoughtful review of this essay, Tyler J. Wall and Keith Swisher for their feedback, and Melissa Ahlers for her untiring research assistance. Copyright
Taxation and House-Price Uncertainty: Some Empirical Estimates

Purchasing a home involves a large and localized investment that leaves many families exposed to volatile house prices and at risk of losing their home equity. Price movements are typically not synchronized across cities, suggesting the potential for efficiency gains through risk sharing across households. In this paper, we consider the possibility of risk sharing through capital gains taxation. When full loss offset is permitted, potential gains and losses are reduced at the household level by taxation and distributed nationally, thereby allowing the tax authority to diversify away the local risks associated with owner-occupied housing. We simulate the effect of a capital gains tax with full loss offset on tenure choice and housing demand using micro-level data from the American Housing Survey, spanning ten years, from 1985 to 1995, and measures of time varying risk and return.
Author Affiliation Index, finance journal ranking, and the pattern of authorship

Abstract In this paper we use a new method to rank finance journals and study the pattern of authorship/co-authorship across journals. Defined as the ratio of articles authored by faculty at the world's top 80 finance programs to the total number of articles by all authors, the Author Affiliation Index is a cost-effective and intuitively easy-to-understand approach to journal rankings. Forty-one finance journals are ranked according to this index. If properly constructed, the Author Affiliation Index provides an easy and credible way to supplement the existing journal ranking methods. Our ranking system reveals the journal–researcher clientele, and we find that collaboration (co-authoring) between faculty within elite programs exists only in top-tier and near-top-tier journals. Publications in lower-tier journals by researchers of elite programs are driven by their co-authors. Collaboration between faculty in elite and non-elite programs, however, is more prevalent than that within elite programs across all tiers of journals. Co-authorship among top 80 programs, nevertheless, is more common in top-tier journals, while co-authorship between top 80 and other programs is more dominant in lower-ranked journals.
TRIPs: A Link Too Far? A Proposal for Procedural Restraints on Regulatory Linkage in the WTO

Cross-issue linkage in trade negotiations provides a powerful tool to advance multilateral agreements by allowing negotiators to overcome vested interests that block progress on any one issue through offsetting concessions in unrelated areas. When used to advance regulatory harmonization, however, such linkage strategies present special dangers not present in the normal trade liberalization context. TRIPS, the WTO's landmark agreement harmonizing intellectual property rights, serves as a case study that exemplifies these dangers. The lessons of TRIPS should lead us to hesitate before embracing strategic linkage (or logrolling) as a procedural means to advance regulatory harmonization in other areas. This Article concludes by proposing procedural safeguards on regulatory linkage that would help to alleviate such concerns and promote greater confidence in future negotiations.
Collateral Damage? Juvenile Snitches in America’s 'Wars' on Drugs, Crime and Gangs

The government’s use of children as informants in America’s 'wars' on drugs, crime, and gangs is little recognized and rarely discussed by scholars, policymakers, and the public. As with many governmental practices, only notorious instances make headlines, such as when a child is killed in retaliation for informing. Because public attention rarely is focused on the practice, it has not generated consistent documentation of, regulation of, or accountability for such use of child informants. As a starting point for discussion, this article illuminates the experiences of child informants, describing a facet of the snitching institution that generally operates under the radar. The article then considers the government’s use of child informants in light of its historical child protection function and its contemporary war-like stance regarding the domestic social problems of drugs, crime, and gangs. The article posits that the government’s use of child informants creates discord between the doctrine of parens patriae, which is aimed at protecting children, and the exercise of police power to further public safety. Further, the article observes that the substantial harms posed to child informants are viewed as collateral and bearable consequences in light of the valuable information obtained from child informants. In conclusion, the article asserts that the use of children as informants should be a closely-monitored and limited investigative method and delineates prophylactic measures restricting their use.
Wages, Profitability, and Growth in a Small Open Economy

This paper examines issues raised by the evolution of a rapidly growing small open economy—Singapore—from a labor-intensive, low-technology production base to a capital-intensive, high-technology, knowledge-and-skill-intensive emphasis as it approached the limits of its resource constraints in the labor market. In order to analyze the process of restructuring a model of endogenous growth for a small open economy that is driven by increases in labor productivity from learning and that allows for the dynamic acquisition of comparative advantage is developed. In this framework the effects of various policies and exogenous shocks on the direction and pace of restructuring are investigated.
The Politics of Mourning: The Triangle Fire and Political Belonging

A politics of mourning invokes the deaths of everyday citizens to call for political change. For this to occur, a loss must be visible and provoke discussions about responsibility. Mourning gauges political standing and belonging; it is also a moment when these categories can be transformed. This article analyzes the Triangle Fire of 1911 as a site of political mourning, which ultimately provoked a mixed response to the political status quo. Mourning improved labor's position in relation to industry by opening formerly private spaces of employment to government regulation, but it did so by expanding the domain of whiteness rather than contesting the racialized construction of the polity. In doing so, the mourning contributed to the construction of a white body politic.
Damages for Unlicensed Use

This article investigates the distinction between breach of license and infringement of property rights, and how damages ought to be measured for each. It identifies two remedial puzzles. First, under current law the line between breach of a license contract and infringement of a property right is murky, and thus minor differences between violations could lead to major differences in damage measures. Second, damages for infringement are augmented in a subtle but distortive way, by giving owners an option to choose between the greater of two computation measures, each based on different information. The article argues that these existing remedial patterns are not justified. If provides an alternative framework for determining whether a violation is breach or infringement. In a nutshell, violations involving activities that an owner would want to license in a separate transaction, or not to license at all, should be regarded as infringements and sanctioned more severely. † Frank and Bernice Greenberg Professor of Law, University of Chicago. I am grateful to Lee Fennell, Saul Levmore, Ariel Porat, David Schwartz, and participants at a workshop in Chicago for helpful discussions.
Estimation of DSGE models when the data are persistent

Dynamic stochastic general equilibrium (DSGE) models are often solved and estimated under specific assumptions as to whether the exogenous variables are difference or trend stationary. However, even mild departures of the data generating process from these assumptions can severely bias the estimates of the model parameters. This paper proposes new estimators that do not require researchers to take a stand on whether shocks have permanent or transitory effects. These procedures have two key features. First, the same filter is applied to both the data and the model variables. Second, the filtered variables are stationary when evaluated at the true parameter vector. The estimators are approximately normally distributed not only when the shocks are mildly persistent, but also when they have near or exact unit roots. Simulations show that these robust estimators perform well especially when the shocks are highly persistent yet stationary. In such cases, linear detrending and first differencing are shown to yield biased or imprecise estimates.
Optimal Evolution of the Standard Genetic Code

The Standard Genetic Code (SGC) exists in every known organism on Earth. SGC evolution via early unique codon assignment, then later wobble, yields coding resembling the near-universal code. Below, later wobble is shown to also create an optimal route to accurate codon assignment. Time of optimal codon assignment matches the previously defined mean time for ordered coding, exhibiting ≥ 90% of SGC order. Accurate evolution is also accessible, sufficiently frequent to appear in populations of 103 to 104 codes. SGC-like coding capacity, code order, and accurate assignments therefore arise together, in one attainable evolutionary intermediate. Examples, which plausibly resemble coding at evolutionary domain separation, are characterized.
Intuitions about declining marginal utility

In two studies, subjects judged the desirability of distributions of life expectancy or money. Their judgments showed declining marginal utility. That is, they were less sensitive to changes at the high end of each scale. Subjects also made utility ratings of the outcomes of individuals. And they made ratings of the distributions when these were described in terms of utility ratings rather than goods (years or dollars). The judgments of utility ratings showed equivalent declining marginal utility, even though they were based on utilities that themselves declined marginally. People extend their intuition about declining marginal utility to utility itself, as if utility had utility that declined marginally. In one experiment, a similar result was found with gambles: people are risk averse for utility as well as for money. We argue that this is an overextension of a reasonable heuristic and that this heuristic may account for one classic objection to utilitarian distributions. Copyright © 2001 John Wiley & Sons, Ltd.
But Is It Just? The Inability for Current Adjudicatory Standards to Provide “Just Compensation” for Creeping Expropriations

In hopes of promoting foreign direct investment, the world has experienced an influx of bilateral investment treaties over the past twenty years. One protection these treaties afford to foreign investors is the guarantee of “just compensation” if the host government expropriates their investment, either directly or indirectly. Extensive jurisprudence exists discussing how a tribunal determines “just compensation” in cases of expropriation; however, these methods have historically revolved around valuing direct expropriations. While tribunals use these same methods to value indirect expropriations, analysis of these adjudications, particularly in the cases of a creeping expropriation, result in inconsistent and unpredictable outcomes. This Note considers two areas—timing and methodology—that have led to these inconsistent rulings. The Note first discusses the current international standards used in these areas and then looks at alternative methods suggested by scholars to address the resulting inconsistencies. It concludes by arguing that in cases of creeping expropriations, tribunals should implement some variation of these alternative methods in order to produce more consistent outcomes.
A multilevel analysis of procedural justice context

Summary Using a multilevel framework, we hypothesized that both employee perceptions ofprocedural justice and a work unit level measure of procedural justice context would beassociated with employee reports of job satisfaction and organizational commitment.Three hundred and twenty-three employees from 53 branches of a ﬁnancial servicesorganization were used to test this hypothesis. Hierarchical linear modeling analysesrevealed that procedural justice context explained variance in employee job satisfactionbeyond that accounted for by individual perceptions of procedural justice. With regardto organizational commitment, this hypothesis was not supported. The results arediscussed in connection with contextual aspects of procedural justice. #1998 JohnWiley & Sons, Ltd. J. Organiz. Behav. 19: 131–141 (1998) Introduction In the decades since Thibaut and Walker’s (1975) treatise, researchers in several disciplines havefound that procedural justice concerns extend to a variety of settings. Evidence shows thatperceptions of justice are inﬂuenced not only by the outcomes individuals receive, but also theprocedures through which outcomes have been determined (Cropanzano and Greenberg, inpress). Individualstend to perceive greater procedural justicewhen they believe they have had thechance to participate in the decision-making process and can ascertain that organizationalauthorities have been neutral and unbiased (Tyler, 1990). The enactment of procedures alsoa•ects justice perceptions: treating people with respect, communicating in a trustful manner,and su†ciently justifying decisions reinforces their sense of justice (Bies, 1987; Tyler and Bies,1990). Some researchers have also suggested that the nature of organizational treatment hasimplications for employees’ identiﬁcation with their co-workers (Lind and Tyler, 1988).
Asymmetric information effects on loan spreads

Abstract This paper estimates the cost arising from information asymmetry between the lead bank and members of the lending syndicate. In a lending syndicate, the lead bank retains only a fraction of the loan but acts as the intermediary between the borrower and the syndicate participants. Theory predicts that asymmetric information will cause participants to demand a higher interest rate and that a large loan ownership by the lead bank should reduce this effect. In equilibrium, however, the asymmetric information premium demanded by participants is offset by the diversification premium demanded by the lead. Using shifts in the idiosyncratic credit risk of the lead bank's loan portfolio as an instrument, I measure the asymmetric information effect of the lead's share on the loan spread and find that it accounts for approximately 4% of the total cost of credit.
Contracts for Agents with Biased Beliefs: Some Theory and an Experiment

This paper experimentally tests the predictions of a principal-agent model in which the agent has biased beliefs about his ability. Overconfi dent workers are found to earn lower wages than underconfi dent ones because they overestimate their expected payoff , and principals adjust their off ers accordingly. Moreover, the profi t-maximizing contract distorts e ffort by varying incentives according to self-con fidence, although only the most successful principals use this strategy. These fi ndings have implications for the labor market; in particular, self-con fidence is often correlated with gender, implying that principals would prefer to hire men over women simply because they are more overconfi dent.
The Emerging Global Normative Synthesis

Out of discordant, often strident, conflicting voices that emanate from the East and the West, a new composition is slowly arising. The synthesized tune has a limited register and on many issues divergent voices will continue to be heard. It is sure to be accorded"divergent interpretations in various parts of the world and over time. Yet the new tune might well suffice to provide stronger support for global institution building than was available in recent decades. The metaphorical "voices" referred to are expressions of basic normative positions, worldviews, and ideologies. They concern values rather than power relations or economic resources; they define what people consider as legitimate, a major foundation of social order and good government.
Watching You, Watching Me

This article examines one of the most often called for remedies for sexual abuse of female inmates - ending cross-gender supervision of female inmates by male correctional staff. Part I of the article describes the context of sexual misconduct against prisoners in the United States, highlighting important cases and discourse. Part II examines important differences in the legal decisions that address claims challenging cross-gender supervision raised by or concerning male and female inmates. Part III addresses the disconnect between the jurisprudence involving cross-gender supervision of men and women positing a "dignity and shame" approach by the court, and examines the explicit and implicit assumptions about race and gender that account for the difference in treatment of male and female prisoners. Part IV concludes with a recommendation that the U.S. establish a zone of privacy for both male and female inmates that exists regardless of the inmate's gender. It further concludes that while same-sex supervision of male and female inmates is an imperfect solution, it remains the best response presently available. The article also provides recommendations for implementing same-sex supervision consistent with Title VII, thereby recognizing both the importance of equal employment opportunities and the right to privacy and basic human dignity of both male and female inmates.
Save Like the Joneses: How Service Firms Can Utilize Deliberation and Informational Influence to Enhance Consumer Well-Being

This research demonstrates how service firms can encourage decisions that enhance consumers’ well-being through informational social influence. Specifically, we propose that social information rega...
A test of the conspicuous–consumption model using subjective well-being data

Abstract According to the conspicuous–consumption theory, people consume highly observable goods to signal their wealth to others. A growing body of evidence favors this signaling model. However, the empirical evidence available is still far from conclusive; thus, we provide evidence from a new angle. We show that the signaling model of conspicuous consumption predicts that a consumer’s well-being should increase based on his or her household’s ranking of observable consumption within its reference group, but should not be affected by its ranking in the distribution of unobservable consumption. We test this prediction using panel data on household expenditure and subjective well-being. Our evidence is consistent with the predictions of the signaling model.
Racial Profiling: Driving While Mexican and Affirmative Action

This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action" - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have seeped into the national consciousness.
Housing As Holdout: Segregation in American Neighborhoods

How far have people who are not African American gone to keep African Americans out of their neighborhoods? And how far might they go? These are the questions that link the three recent books on housing reviewed in this article: Jeannine Bell, Hate Thy Neighbor: Move-In Violence and the Persistence of Racial Segregation in American Housing; Richard R.W. Brooks and Carol M. Rose, Saving the Neighborhood: Racially Restrictive Covenants, Law and Social Norms; and Douglas S. Massey et al., Climbing Mount Laurel: The Struggle for Affordable Housing and Social Mobility in an American Suburb.
Temporal Aggregation of Stationary And Nonstationary Discrete-Time Processes

. We study the autocorrelation structure and the spectral density function of aggregates from a discrete-time process. The underlying discrete-time process is assumed to be a stationary AutoRegressive Fractionally Integrated Moving-Average (ARFIMA) process, after suitable number of differencing if necessary. We derive closed-form expressions for the limiting autocorrelation function and the normalized spectral density of the aggregates, as the extent of aggregation increases to infinity. These results are then used to assess the loss of forecasting efficiency due to aggregation.
Corporate Hierarchy and Racial Justice

Although traditional corporate governance theory viewed corporate directors and executives as agents accountable to shareholders, commentators today tend to agree, as a descriptive matter, that those "agents" enjoy wide discretion to govern the corporation free from shareholder input. There is normative disagreement, however, over whether the law should increase shareholder participation in corporate decisionmaking. This was illustrated recently by the debate over the SEC's failed proposal to expand shareholders' power to nominate director candidates. The normative debate is typically framed in terms of shareholder value. This essay, prepared for a symposium on race, gender, and corporate law, applies a different normative standard: whether increased shareholder power would make corporations more responsive to issues of racial justice and social responsibility generally. I suspect it would not. Increasing shareholder power will strengthen the voice of justice-minded shareholder activists, but it will also empower those shareholders who are concerned primarily with profits. This is even more likely to be true in the context of shareholder voting for two reasons. First, social justice concerns, particularly those involving racial minorities, typically do not enjoy majority support in the political arena. Second, most shareholders are rationally apathetic toward corporate elections. Third, shareholders, as dispersed and anonymous participants in governance, are not held accountable for corporate policy. Thus shareholders will be strongly tempted to vote in their narrow self-interest. Directors and executives currently enjoy the discretion to consider social justice in making corporate policy. That power imposes moral obligations and makes the public view them as accountable for social effects of corporate actions. Increased shareholder power, however, may generate explicit, legally enforceable shareholder demands for higher profits rather than social justice. That would remove directors' discretion and trump their moral obligations. The point here is not that the existing, management-centered corporate governance system is an ideal method of making corporations responsive to racial justice issues. Indeed, dependence on management discretion is probably the worst possible method - except for all the others.
Auditors and the post-2002 litigation environment

In the wake of the disclosure of Enron and WorldCom and other dramatic financial reporting frauds, the Sarbanes–Oxley Act was passed on July 30, 2002. Thus, 2002 was a watershed year for auditors. Audits performed after the passage of Sarbanes–Oxley began to be reflected in litigation filed in 2003. Analysis of 1169 lawsuits filed between 2001 and 2008 finds that auditor litigation severity decreased in the lawsuits filed after 2002. Analysis of a reduced sample of 1017 lawsuits – where dollar resolution amounts are available – shows that the magnitude of auditor dollar resolution amounts decreased in the lawsuits filed after 2002. Thus, auditor liability risk decreased after 2002.
The Motivated Processing of Political Arguments

We report the results of an experiment designed to replicate and extend recent findings on motivated political reasoning. In particular, we are interested in disconfirmation biases—the tendency to counter-argue or discount information with which one disagrees—in the processing of political arguments on policy issues. Our experiment examines 8 issues, including some of local relevance and some of national relevance, and manipulates the presentation format of the policy arguments. We find strong support for our basic disconfirmation hypothesis: people seem unable to ignore their prior beliefs when processing arguments or evidence. We also find that this bias is moderated by political sophistication and strength of prior attitude. We do not find, however, that argument type matters, suggesting that motivated biases are quite robust to changes in argument format. Finally, we find strong support for the polarization of attitudes as a consequence of biased processing.
Equity and debt decoupling and empty voting II: Importance and extensions

We extend our prior work on how both supply (including the emergence of OTC equity derivatives and growth in share lending) and demand (including the growth of hedge funds) factors now facilitate the large-scale, low-cost decoupling of shareholder voting rights from shareholder economic interests. Both inside and outside shareholders, as well as corporations themselves, can engage in what we termed empty voting - voting while holding greater voting power than economic ownership. Shareholders can also have hidden (morphable) ownership - economic ownership, ostensibly without voting rights, which remains undisclosed under current disclosure rules, but can quickly morph to include voting ownership as well. These forms of decoupling pose important risks to the one-share-one-vote paradigm that underlies conventional models of corporate governance and shareholder voting. We extend our prior work in five primary ways. First, we treat decoupling of voting rights from economic ownership of shares (empty voting and hidden ownership) as special instances of a more general pattern-investors, and corporations themselves, can unbundle the package of rights and obligations which have traditionally been associated with equity (equity decoupling) as well as debt (debt decoupling). Second, we provide evidence that equity decoupling is an important worldwide phenomenon, which adds urgency to the need for disclosure and perhaps other reforms. Third, we go beyond decoupling by shareholders, and examine decoupling strategies that corporations can use to fend off changes in control. Fourth, we expand our integrated equity ownership disclosure proposal to address corporate decoupling, and propose responses to empty voting which go beyond disclosure, including constrained corporate power to limit the voting rights of empty voters, condensing the period from record date to shareholder meeting date, and encouraging institutional investors to recall and vote lent shares. Fifth, we sketch several extensions of our decoupling framework to (a) the full range of shareholder rights and obligations, (b) debt decoupling, and (c) the possible revival of the street sweep takeover strategy.