cssi/SciSciGPT-SciSciNet huggingface dataset:
On Performance Comparison of Multi-Antenna HD-NOMA, SCMA, and PD-NOMA Schemes

In this letter, we study the uplink channel throughput performance of a proposed novel multiple-antenna hybrid-domain non-orthogonal multiple access (MA-HD-NOMA) scheme. This scheme combines the conventional sparse code multiple access (SCMA) and power-domain NOMA (PD-NOMA) schemes in order to increase the number of users served as compared to conventional NOMA schemes and uses multiple antennas at the base station. To this end, a joint resource allocation problem for the MA-HD-NOMA scheme is formulated that maximizes the sum rate of the entire system. For a comprehensive comparison, the joint resource allocation problems for the multi-antenna SCMA (MA-SCMA) and multi-antenna PD-NOMA (MA-PD-NOMA) schemes with the same overloading factor are formulated as well. Each of the formulated problems is a mixed-integer non-convex program, and hence, we apply successive convex approximation (SCA)- and reweighted $\ell _{1}$ minimization-based approaches to obtain rapidly converging solutions. Numerical results reveal that the proposed MA-HD-NOMA scheme has superior performance compared to MA-SCMA and MA-PD-NOMA.
Mrr1 regulation of methylglyoxal catabolism and methylglyoxal‐induced fluconazole resistance in Candida lusitaniae

Transcription factor Mrr1, best known for its regulation of Candida azole resistance genes such as MDR1, regulates other genes that are poorly characterized. Among the other Mrr1-regulated genes are putative methylglyoxal reductases. Methylglyoxal (MG) is a toxic metabolite that is elevated in diabetes, uremia, and sepsis, which are diseases that increase the risk for candidiasis, and MG serves as a regulatory signal in diverse organisms. Our studies in Clavispora lusitaniae, also known as Candida lusitaniae, showed that Mrr1 regulates expression of two paralogous MG reductases, MGD1 and MGD2, and that both participate in MG resistance and MG catabolism. Exogenous MG increased Mrr1-dependent expression of MGD1 and MGD2 as well as expression of MDR1, which encodes an efflux pump that exports fluconazole. MG improved growth in the presence of fluconazole and this was largely Mrr1-dependent with contributions from a secondary transcription factor, Cap1. Increased fluconazole resistance was also observed in mutants lacking Glo1, a Mrr1-independent MG catabolic enzyme. Isolates from other Candida species displayed heterogeneity in MG resistance and MG stimulation of azole resistance. We propose endogenous and host-derived MG can induce MDR1 and other Mrr1-regulated genes causing increased drug resistance, which may contribute to some instances of fungal treatment failure.
NeuroMAX: a high throughput, multi-threaded, log-based accelerator for convolutional neural networks

Convolutional neural networks (CNNs) require high throughput hardware accelerators for real time applications owing to their huge computational cost. Most traditional CNN accelerators rely on single core, linear processing elements (PEs) in conjunction with 1D dataflows for accelerating convolution operations. This limits the maximum achievable ratio of peak throughput per PE count to unity. Most of the past works optimize their dataflows to attain close to a 100% hardware utilization to reach this ratio. In this paper, we introduce a high throughput, multi-threaded, log-based PE core. The designed core provides a 200% increase in peak throughput per PE count while only incurring a 6% increase in area overhead compared to a single, linear multiplier PE core with same output bit precision. We also present a 2D weight broadcast dataflow which exploits the multi-threaded nature of the PE cores to achieve a high hardware utilization per layer for various CNNs. The entire architecture, which we refer to as NeuroMAX, is implemented on Xilinx Zynq 7020 SoC at 200 MHz processing clock. Detailed analysis is performed on throughput, hardware utilization, area and power breakdown, and latency to show performance improvement compared to previous FPGA and ASIC designs.
Regional real exchange rates and growth: Evidence from resource‐based regional economies

Regional economies in emerging countries vary greatly in terms of their global integration. External shocks, therefore, require adjustment mechanisms that reflect local conditions. This paper focuses on the role of real exchange rates (RER) in the economic performance of regions. In particular, we use monthly data to construct RER for 77 Russian regions over the period 2000–2016. The results validate the adoption of a regional perspective by showing nontrivial differences across regions. Oil-producing and resource-based regional economies experienced much larger RER movements and higher volatility. Overall, RER appreciated steadily until a major drop in 2008, and then, again in 2014. Growth regressions show that RER depreciations have a stimulating effect on regional performance but only in the short run. These results confirm previous findings indicating that RER are a key facilitating factor but not a major determinant of growth and are thus unlikely to produce sustainable development.
Analyzing Machine-Learned Representations: A Natural Language Case Study.

As modern deep networks become more complex, and get closer to human-like capabilities in certain domains, the question arises as to how the representations and decision rules they learn compare to the ones in humans. In this work, we study representations of sentences in one such artificial system for natural language processing. We first present a diagnostic test dataset to examine the degree of abstract composable structure represented. Analyzing performance on these diagnostic tests indicates a lack of systematicity in representations and decision rules, and reveals a set of heuristic strategies. We then investigate the effect of training distribution on learning these heuristic strategies, and we study changes in these representations with various augmentations to the training set. Our results reveal parallels to the analogous representations in people. We find that these systems can learn abstract rules and generalize them to new contexts under certain circumstances-similar to human zero-shot reasoning. However, we also note some shortcomings in this generalization behavior-similar to human judgment errors like belief bias. Studying these parallels suggests new ways to understand psychological phenomena in humans as well as informs best strategies for building artificial intelligence with human-like language understanding.
Cooling interventions among agricultural workers: a pilot study

BackgroundAdverse health effects among agricultural workers due to chronic heat exposure have been characterized in the literature as not only due to high ambient temperatures but also due to inten...
House Prices, Government Quality, and Voting Behavior

The hypothesis that minority voters act in their economic self-interest in supporting municipal candidates of their own race or ethnicity has been tested using changes in municipal spending and employment. However, governments affect voter welfare in many other ways, particularly in the provision of quality public services. This paper exploits a natural experiment arising in 1995 when Congress created an appointed financial control board for the District of Columbia and gave to it many of the powers previously reserved to the local elected government. The natural experiment sets up a triple-difference research design based on changes in property values across District neighborhoods and voting behavior compared to untreated adjacent areas across the District boundary in Maryland. We find that oversight by the control board raised annual appreciation rates in the District by 178 to 254 basis points during the period from 1995 to 2001. Furthermore, effects of the intervention were uniformly positive across areas of the District that varied dramatically in their support for the incumbent administration that lost its powers. This implies, after the fact, that the administration’s supporters had not voted in accord with economic self-interest.
Enforcing State Law in Congress’s Shadow

This article examines an important yet overlooked form of federal regulation implicating efficiency and fairness concerns - congressional statutes that impose federal sanctions on individuals convicted of state crimes. These sanctions may profoundly influence state criminal proceedings, but the scholarly literature has all but ignored their effects. The article demonstrates that by raising the stakes involved in state cases, federal sanctions may cause defendants to contest state charges more vigorously, thereby producing one of two unintended consequences. First, the sanctions may make it more costly for state prosecutors to enforce state laws. Second, due to resource constraints or dislike of the federal sanctions, state prosecutors may circumvent them by manipulating charging decisions. But in the process, state prosecutors may have to reduce state sanctions as well, thereby undermining deterrence and the fair application of both state and federal law. The article theorizes that the severity of the sanctions and the emphasis they place upon state outcomes, among other factors, determine how much the sanctions will distort state proceedings. The article then substantiates the theory with five in-depth case studies of federal sanctions: deporting criminal aliens, barring domestic abusers from possessing firearms, and disqualifying drug offenders from receiving federal welfare, public housing, and student financial aid. It suggests ways Congress, states, and the Judiciary might respond to ameliorate the concerns raised herein. It concludes by demonstrating that the analytical framework can be applied more broadly to sanctions imposed and determinations made by any party, including a private citizen.
Creditor control and product-market competition

Abstract We explore how rival firms respond when firms in their industry violate debt covenants. We find that rival firms increase advertising expense, and that this increase is proportional to the size of industry violators’ pre-existing market share. Rival firm product-market share also increases in the industry market share of violators, and this relation is more pronounced when products are more substitutable. Rival firm operating performance also increases in proportion to the industry market share of violators. Overall, these findings suggest that the increased creditor control associated with covenant violations has a significant influence on rival firms and product-market competition.
The Hatch-Waxman Act's Side Effects: Precautions For Biosimilars

The Drug Price Competition and Patent Term Restoration Act of 1984 (generally known as the Hatch-Waxman Act, or “Hatch-Waxman”) was designed to expedite regulatory approval of generic drugs while simultaneously preserving incentives for innovators to invest in the research and development of new drugs. While Hatch-Waxman has undoubtedly achieved its aim of creating a robust generic pharmaceuticals market, it has also produced several unanticipated consequences. Its changes to the federal regulatory scheme have yielded convoluted products liability rules, upsetting the conventional notion that the seller of a defective product is liable for harm caused by its intended use. In addition, its modifications to patent law have had the perverse effects of propagating patents of questionable value and encouraging potentially anti-competitive agreements between generic and brand name manufacturers. Hatch-Waxman’s emergent repercussions are particularly salient in light of the recent passage of the Biologics Price Competition and Innovation Act (BPCIA). The BPCIA, enacted as part of the Patient Protection and Affordable Care Act of 2010, crafted a compromise between pioneer and follow-on biologics manufacturers patterned after Hatch-Waxman’s regulatory scheme for pharmaceuticals. This Article reviews Hatch-Waxman unintended effects, and suggests that they should serve as precautionary guideposts for implementation of the BPCIA. The FDA and lawmakers should heed these potential pitfalls and proactively confront unavoidable tradeoffs between safety, cost, and access to therapeutic biologics.
The British Experience With Hearsay Reform: A Cautionary Tale

The “hearsay rule” is too complex, as well as being archaic. Trials would go better with a simpler rule, the core of which would be the proposition (essentially a simplification of [Federal] Rule [of Evidence] 807) that hearsay evidence should be admissible when it is reliable, when the jury can understand its strengths and limitations, and when it will materially enhance the likelihood of a correct outcome.1
Understanding the Presumption against Extraterritoriality

What does the presumption against extraterritoriality mean? There are at least three possibilities. First the presumption might mean that acts of Congress should apply only to conduct that occurs within the United States, unless a contrary intent appears, regardless of whether that conduct causes effects in the United States. This is the traditional view of the presumption that Justice Holmes articulated in American Banana. Second, the presumption might mean that acts of Congress apply only to conduct that causes effects within the United States, unless a contrary intent appears, regardless of where that conduct occurs. Judge Bork adopted this view in Zoelsch v. Arthur Anderson & Co. Third, the presumption might mean that acts of Congress apply to conduct occurring within or having an effect within the United States, unless a contrary intent appears. This is how Chief Judge Mikva read the presumption in Environmental Defense Fund v. Massey. I argue that only the notion that Congress generally legislates with domestic concerns in mind is a legitimate basis for the presumption against extraterritoriality. This leads me to agree with Judge Bork that under the presumption, acts of Congress should presumptively apply only to conduct that causes effects within the United States regardless of where that conduct occurs. I further argue that, if this is the basis for the presumption against extraterritoriality, then the presumption should not be considered a clear statement rule and should be deemed rebutted when there is good reason to think that Congress was focused on something other than domestic conditions.
Cash America and the structure of bondholder remedies

Exit provisions have long been a sleepy and uncontroversial part of the corporate bond boilerplate. That changed in September 2016, with the Wilmington Savings v. Cash America decision. There, in response to a covenant violation by a solvent debtor, a US federal court ruled that bondholders didn’t just have the standard right to accelerate the debt, but were entitled to the “make-whole” premium that the debtor would have had to pay had it exercised its option to redeem the bonds. The decision caused consternation in the corporate bar on the grounds that the interpretation was orthogonal to market understandings. The result: a quick and concerted effort from a number of elite law firms to revise the standard remedy clauses in bond indentures. But it failed. By examining exit provisions in the context of the larger architecture of a corporate bond, we seek to understand why investors might have resisted the attempts to contract out the Cash America interpretation of the remedy clauses.
Tie-in contracts with downstream competition

A tie-in contract has frequently come under scrutiny for its role as an exclusionary device. A firm that is a monopolist in a primary market can utilize such contracts to exclude a more efficient rival in a secondary market. When the firms sell through competing retailers, the leveraging firm may offer tie-in contracts to the retailers inducing them to purchase both primary and secondary products entirely from it such that the rival is excluded. We examine whether such tie-in contracts are profitable for an incumbent firm under different conditions of (i) the ability to commit to prices by the upstream firms and (ii) downstream competition among the retailers. We show that when retailers compete in prices, then regardless of whether the entrant is able to commit to its own prices, an exclusionary tie-in strategy is profitable (not profitable) for the incumbent when it is able (unable) to commit to prices. However, when retailers compete in quantities, the entrant’s commitment ability does matter. Specifically, an exclusionary tie-in strategy (i) may be unprofitable for an incumbent when both upstream firms are able to commit to their prices, depending on the degree of cost advantage of the entrant; (ii) is always profitable when it alone can commit to its price; and (iii) is unprofitable when both upstream firms cannot commit to their prices. Our results extend to situations where the products are complementary or substitutes and where the retailers may be asymmetric in nature.
“They have good devices”: trust, mining, and the microsociology of environmental decision-making

Abstract Since the 1990s, transnational mining firms have increasingly sought new deposits in the developing world. This shift in global patterns of mineral activity has led to contestation by mining host community residents and their activist allies. A swell of recent literature in the social sciences explores this phenomenon, largely accepting conventional wisdom about the causal forces behind individuals' choices to contest mining. This article examines individual decision-making around mineral conflicts in an effort to bring the microsocial into focus. Trust is an essential and largely ignored dimension of mining conflicts. We argue that two types of trust—institutional and relational trust—help explain how individuals form preferences about mining in their territory. We further argue that individuals' sense of self-efficacy underlies their decisions about whom to trust or distrust. We also seek to deepen the social theorization of trust by challenging the common binary of affective and cognitive trust. To make this argument we draw from a mixed-methods study of responses to gold mining in Guatemala.
What happens to defined contribution accounts when labor markets and financial markets move together

The relationship among earnings, savings, and retirement is well known; however, the linkage between labor market outcomes and financial market performance is generally unacknowledged. We examine the implications of the link between labor markets and financial markets for workers who save money in individual retirement accounts. Specifically, differences in labor market outcomes across groups may imply differences in the timing of investments, which may reduce savings over time for these groups compared to their counterparts. Using monthly data from the Current Population Survey (1979–2002), we generate hypothetical investment portfolios using stock and bond indices. We exploit differences across demographic groups in unemployment and wage growth and use these differences to examine each group's investment outcomes. We then disaggregate the total effects into short-term and long-term components. We find some evidence of short-term market timing effects on investment, but we find much larger long-term effe...
The effect of mortgage securitization on foreclosure and modification

Abstract Did securitization exacerbate the foreclosure crisis by altering mortgage servicing practices? I exploit the unanticipated freeze of private mortgage securitization in 2007 to provide new evidence that securitization increases foreclosure probability and decreases modification probability. These effects are economically large and persist over time even after implementation of the Home Affordable Modification Program (HAMP) in 2009. Using hand-collected data on the contractual terms of servicing agreements, I show that servicers typically have broad discretion to modify loans but face significant incentives favoring foreclosure. The evidence implies that securitization significantly increased foreclosure rates during and after the crisis.
Microenterprise Lending to Female Entrepreneurs: Sacrificing Economic Growth for Poverty Alleviation?

Abstract This research compares the performance of female and male entrepreneurs in a microenterprise credit program in Guatemala. Previous research and field practice has suggested that targeting credit at female borrowers allows for greater increases in household welfare, but that male entrepreneurs may more aggressively expand enterprises when given access to credit. In this paper, we develop a model that shows that increases in value of home time during childbearing years for women may substantially account for gender differences in responses to credit access. Empirical results from Guatemalan survey data yield estimations consistent with the predictions from our model.
Deferring Future Damages to Future Tribunals: The Jurisdictional Obstacles

Awarding compensation for future damages arising from continuing breaches has long vexed investment tribunals. This article examines the newest solution to the problem: deferring an award on future damages to a future tribunal. In 2015, for the very first time, an investment tribunal was constituted for the sole purpose of awarding compensation for deferred damages. Yet even if everything proceeds according to plan in that specific case, this article argues that the practice of deferring an award on future damages to a future tribunal raises significant jurisdictional obstacles that undermine its universal applicability.
The Tournament at the Intersection of Business and Legal Ethics

Prepared for a symposium on the role business and legal ethics played in the Enron, WorldCom, and other recent corporate governance scandals, and the relationship (if any) between business ethics and the legal profession's rules of professional responsibility, this paper examines the changes effected by Section 307 of the "Public Company Accounting Reform and Investor Protection Act" (popularly known as the Sarbanes-Oxley Act). Section 307 commanded the Securities and Exchange Commission to develop rules of professional conduct for lawyers appearing and practicing before it. The paper argues that Section 307 and the SEC's rules thereunder do too little to address the strong incentives lawyers have to refrain from antagonizing the corporate managers who hire and fire them. The paper uses tournament theory to explore the incentives of lawyers in large corporate law firms and in-house legal departments. (The paper is deliberately agnostic on the much debated question of whether tournament theory is a valid model or simply a useful metaphor.) Lawyers who win the tournament develop a set of skills, attitudes, and cognitive biases that systematically skew their analysis of client conduct. Hence, both rational choice theory and behavioral economics predicts that such lawyers will turn a blind eye to client misconduct.
Righting the Relationship Between Race and Religion in Law

This review discusses the interrelationship of race and religion in law, the subject of Eve Darian-Smith’s new book, which seeks to rectify the neglect of religion in the study of race and law and the parallel neglect of race in studies of law and religion. Concurring with the book’s basic propositions, that the segregation of race and religion into separate fields of legal studies needs to be overcome and the religious origins of fundamental liberal legal ideas need to be recognized, I tease out different ways in which race and religion can be “linked” and religion can “play a role” in the development of modern law that are not fully parsed out in Darian-Smith’s analysis. Applauding her attempt to integrate recent challenges to the long regnant ”secularization thesis” into the study of race and law, I point out some unresolved ambiguities in those challenges and their implications for law.
Determinants of the floating-to-fixed rate debt structure of firms

Abstract We analyze the effects of managerial incentive, firm characteristics and market timing on floating-to-fixed rate debt structure of firms. We find that chief financial officer's (CFO's), not chief executive officer's (CEO's), incentive has a strong influence on firm's debt structure. When CFOs have incentives to increase (decrease) firm risk, firms obtain volatility-increasing (-decreasing) debt structure. These effects are present only for CFOs who are not subject to high monitoring by board members, CEOs, or corporate control market. Our findings suggest that agency problems at the level of non-CEO executives could be an important driver of various corporate decisions.
On the cyclical behavior of employment, unemployment and labor force participation

Abstract In this paper I evaluate to what extent a real business cycle (RBC) model that incorporates search and home production decisions can simultaneously account for the observed behavior of employment, unemployment and out-of-the-labor-force. This contrasts with the previous RBC literature, which analyzed employment or hours fluctuations either by lumping together unemployment and out-of-the-labor-force into a single non-employment state or by assuming a fixed labor force. Once the three employment states are explicitly introduced I find that the RBC model generates highly counterfactual labor market dynamics.
Repeated Auctions with the Right of First Refusal

This paper characterizes a set of Nash equilibria in a first-price sealed-bid repeated auction with the right of first refusal using two bidders and asymmetric information regarding the bidders' value distributions. When contract value is constant from one auction to the next and winners' values are publicized, agents retain the value of incumbency and bids are identical to one-shot auctions. When each agent's contract values are random across auctions, agents choose to bid away the full expected value of incumbency, providing a measure of the value of information in this context.
From Judge to Dean: Reflections on the Bench and the Academy

In July of 2007, having served nearly seventeen years as a United States District Judge with chambers in Sacramento, California, I moved to Durham, North Carolina, to become the fourteenth dean of the Duke University Law School. I would concede that in the grand scheme of things such a transition must be deemed unremarkable. Lawyers have become soldiers, presidents, artists, and inn keepers. Judges have left the bench to do much the same. Nonetheless, in the somewhat closed worlds of the federal bench and the legal academy, at a time when the two worlds have seemed to drift apart, such a shift in careers may have seemed surprising. And the surprise was from two points of view: it was surprising that a federal judge would leave a position of such prestige, importance, and security, and it was equally surprising that one of the great law schools in the world would contemplate a judge as its next dean. In this Essay, I take the opportunity to reflect on a few of the everyday aspects of this transition, pointing out some of the differences and similarities in the life of the judge and the life of the legal academic. But my ultimate goal is to take a step back and explore whether there might be some unifying theme within which we might see the roles of the judge and the dean as in harmony with some greater purpose and as part of some greater tradition. Let us go back to the transition from judge to dean, from the world of the courts and the Bar to the world of the scholar and the student. Of course, the first question has been what people should call me. At first, some students, many alumni, and even some faculty, would call me “Judge” or “Your Honor.” Apparently “Judge” trumps “Dean” even within the law school. But because I was no longer a judge and not retired, I discouraged this practice. I no longer have the responsibility and burdens of a judgeship, and I no longer need constant reminding that I must maintain a certain detachment in aid of my office. After two years, hardly anyone calls me “Judge” anymore. Admittedly, there are times, such as
The Role of Law in Engineering “Natural” Disasters

What people perceive as “natural disasters” typically take place when extractive industries operate at levels high enough that the ecological systems from which they draw resources lose their ability to buffer transient shocks, whether of environmental or technological origin. Legal institutions whose purpose it is to prevent such disasters from taking place may in fact encourage them, insofar as they must also broker competing demands for greater access to resources. Legal institutions may adapt to ecological instability in the wake of such disasters, “learning” from the experience more or less successfully depending on the conditions under which the disaster takes place. This paper will develop these ideas in the context of a number of noteworthy disasters, including the sinking of the Deepwater Horizon in 2010. Lo que se percibe como “desastres naturales” suelen ocurrir cuando las industrias extractivas operan a niveles tan elevados que los sistemas ecologicos de los que extraen los recursos pierden su capacidad para amortiguar las sacudidas transitorias, sean estas de origen ambiental o tecnologico. Las instituciones legales, cuya finalidad es prevenir que ocurran estos desastres, puede en realidad promoverlos, desde el momento en que tienen que negociar las demandas de las partes interesadas en obtener un mayor acceso a los recursos. Las instituciones legales pueden adaptarse a la inestabilidad ecologica como consecuencia de tales catastrofes, "aprendiendo" de la experiencia de forma mas o menos exitosa, dependiendo de las condiciones bajo las que ocurre el desastre. Este articulo va a desarrollar estas ideas en el contexto de una serie de desastres destacados, entre ellos el hundimiento de la plataforma petrolifera Deepwater Horizon en 2010. DOWNLOAD THIS PAPER FROM SSRN : http://ssrn.com/abstract=2221241
Of Law and the Revolution

The Egyptian revolution is proving to be a very legal one. That is not to say that the revolution’s demands have been legalized, nor that Egypt’s law has been revolutionized, rather, the forces that have come to the fore since the toppling of Mubarak in Feb 2011 have chosen law as the privileged form through which to bargain with each other. The density of the legal back and fro has been overwhelming: constitutional amendments, constitutional supplementary declarations, parliamentary laws, legislative amendments, military decrees, court trials, constitutional court decisions overturning laws passed, conflicting decisions from various courts, presidential decrees, emergency laws annulled and then reclaimed in another form; in fact so much so, that to trace the historical unfolding of the Egyptian revolution, one would be wise to use the Gazette and law reports as one’s primary guide through the maze of events. It is hard to miss the fact that in the case of Egypt, no sooner the public space opened up for the political as an autonomous sphere – one that is only possible through genuine democratic practice – than that sphere became annexed by the legal.
The Juris Doctor is In: Making Room at Law School for Paraprofessional Partners

The 60th anniversary of the United States’ oldest continuous legal clinic presents an opportunity to reexamine the pedagogical machinery, reshape the curriculum, reflect on advice not taken, and reignite the “movement for change” in (clinical) legal education. The author recommends a modest retooling: Law schools should offer a degree program for non-lawyer advocates. This would capitalize on the many attributes that paralegals bring to the profession. The author's focus is on how teaching paralegals or lay advocates in law schools can foster less costly non-adversarial dispute resolution, sensitivity to human and cultural aspects of client rapport, and co-education between members of the legal profession. Paraprofessionals can help lawyers accomplish their tasks with efficiency, affordability, professional collaboration, and responsiveness to clients.. While the paradigmatic example he offers is a lay advocate working on behalf of special education students in a public school setting, the value added by paralegals is by no means limited to that forum. Finally, the author suggests what educators should emphasize in a new law school curriculum and how they might design a paraprofessional program.
Kill a Leader, Murder a Movement? Leadership and Assassination in Social Movements:

All too frequently, governments kill social movement leaders in an attempt to halt challenges to state power. Sometimes such repression yields its intended effect; other times it produces a powerful backlash, strengthening mass commitment and bolstering protest. In this article, the authors propose hypotheses accounting for these divergent outcomes. Comparing El Salvador's liberation movement with Nigeria's Ogoni autonomy movement, they hypothesize that in addition to a movement's political opportunity structure, four factors internal to the movement matter: the type of leader, the movement's ideology of martyrdom, the leader's embodiment of a shared group identity, and the movement's preexisting unity.
Investing for the Long Run when Returns Are Predictable

We examine how the evidence of predictability in asset returns affects optimal portfolio choice for investors with long horizons. Particular attention is paid to estimation risk, or uncertainty about the true values of model parameters. We find that even after incorporating parameter uncertainty, there is enough predictability in returns to make investors allocate substantially more to stocks, the longer their horizon. Moreover, the weak statistical significance of the evidence for predictability makes it important to take estimation risk into account; a long-horizon investor who ignores it may overallocate to stocks by a sizeable amount.
Modeling Loss Aversion and Reference Dependence Effects on Brand Choice

Based upon a recently developed multiattribute generalization of prospect theory's value function Tversky and Kahneman 1991, we argue that consumer choice is influenced by the position of brands relative to multiattribute reference points, and that consumers weigh losses from a reference point more than equivalent sized gains loss aversion. We sketch implications of this model for understanding brand choice. We develop a multinomial logit formulation of a reference-dependent choice model, calibrating it using scanner data. In addition to providing better fit in both estimation and forecast periods than a standard multinomial logit model, the model's coefficients demonstrate significant loss aversion, as hypothesized. We also discuss the implications of a reference-dependent view of consumer choice for modeling brand choice, demonstrate that loss aversion can account for asymmetric responses to changes in product characteristics, and examine other implications for competitive strategy.
Developmental and Life Course Criminology in Discretionary Judicial Waivers

The current research, using qualitative methodology and grounded theory analysis for model building, examines if and how juvenile court judges draw from developmental and life course criminology (DLC) in discretionary judicial waivers. This study develops three progressive models, emerging from interviews with juvenile court judges from two large Southern states (N = 30), that demonstrate how principles related to the three developmental stages of offending (activation, escalation, and desistance) from DLC theories shape judges’ considerations of each of the three Kent factors (dangerousness, treatment amenability, sophistication-maturity) used to weigh juvenile transfer via discretionary judicial waivers. This work suggests that judges think about juvenile transfer cautiously and as a strategy that should only affect individual juveniles identified by judges as “persisters” and that drawing from DLC principles appears to foster a generally rehabilitative jurisprudential philosophy for judges in the juvenile court system.
Beyond Child Welfare - Theories on Child Homelessness

According to recent federal data from 2013, the number of children who experience homelessness in the United States has reached an astonishing 2.5 million. Among industrialized nations, America has a one of the highest poverty rates among children, peaking at 22% in 2010. This Article considers why there is an ambivalent and sometimes hostile response to chronic, persistent poverty among families with young children. Various reports on the state of homeless families state that the cause of homelessness is a combination of lack of affordable housing, extreme poverty, decreasing government support, domestic violence, the challenge of raising children alone, and insufficient working wages. Homeless families with children comprise 37% of the total homeless population, and families of color are overrepresented within this number, making up 61% of the group. This article addresses the color of child homelessness and how various theories on poverty and laws designed to assist impoverished parents have created categorizations of the deserved and the undeserved poor. In an effort to transform the poverty dialogue, this article sets forth that vulnerability theory and the principle of subsidiarity can be utilized as a means to transcend identity categories and recognize both state and community responsibility to provide more comprehensive support for homeless children within families.
Constricting the Law of Freedom: Justice Miller, the Fourteenth Amendment, and the Slaughter-House Cases

The Slaughter-House Cases are simultaneously unremarkable and extraordinary. They are unremarkable because the matter at issue - whether butchers can be required to ply their trade at a central, state-franchised facility - has long since ceased to be a matter of concern. They are extraordinary because in spite of the fact that three of the Court's significant legal conclusions have been rejected and “everyone” agrees the Court incorrectly interpreted the Privileges or Immunities Clause, the conclusion that the Privileges or Immunities Clause of the Fourteenth Amendment had no meaningful place in our constitutional scheme continues to live on. Even those who have a narrow view of the Fourteenth Amendment conclude that beyond due process and equal protection, the Fourteenth Amendment was “meant to establish some substantial rights” and that “these were the ‘privileges and immunities of citizens of the United States.”’ Yet almost all sources agree that Justice Miller's majority opinion in the Slaughter-House Cases, or at least its dicta, “virtually scratched [the Privileges or Immunities Clause] from the constitution.” This Article argues that Justice Miller's majority opinion was indeed based on an incorrect reading of the Fourteenth Amendment, and then explores why Justice Miller, as well as the other Justices in the majority and the dissents, reached the conclusions they did. Part I sketches the basis for the view that the Privileges or Immunities Clause of the Fourteenth Amendment was designed to protect substantive rights, primarily the Bill of Rights, from state abridgement. Part II examines the Slaughter-House decision, summarizing the arguments presented by counsel and analyzing the opinions written by Justices Miller, Field, Bradley, and Swayne. Part III critiques Justice Miller's opinion. Part IV seeks to explain the positions of the Justices by examining the political background of each of the Justices and, where available, their personal reactions to the adoption of the Amendment. Part V tests this analysis of the opinions and background of the Justices against the popular and professional commentary on the Slaughter-House opinion from 1873 to 1949.
Equity Market Liberalization in Emerging Markets

Equity market liberalizations, if effective, lead to important changes in both the financial and real sectors as the economy becomes integrated into world capital markets. The study of market integration is complicated because one can liberalize in many ways and many countries have taken different routes. To study the effectiveness of particular liberalization policies, the sequencing of liberalizations, and the impact on the real economy, systematic methods must be developed to date the liberalization of emerging equity markets. We provide a synthesis of the current methods and show the impact of liberalization on the real sector.
The Problematic Value of Mathematical Models of Evidence

Abstract This paper discusses mathematical modeling of the value of particular items of evidence. We demonstrate that such formal modeling has only limited use in explaining the value of legal evidence, much more limited than those investigators who construct and discuss the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of several recent examples that attempt to quantify evidence relating to carpet fibers, infidelity, DNA random‐match evidence, and character evidence used to impeach a witness. This paper makes the following contributions. Most important, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Furthermore, at a minimum it highlights the need for both analytical and empirical work to accommodate the reference‐class problem and the risk of failing to do so.
Korean Rotating Credit Associations in Los Angeles

(1990). Korean Rotating Credit Associations in Los Angeles. Amerasia Journal: Vol. 16, No. 2, pp. 35-54.
Why a Fundamental Right to a Quality Education Is Not Enough

Most American politicians respond to economic problems by advocating more education and training. While a quality education is clearly important, it is insufficient if there are not quality jobs. This article relies upon Rousseau to argue that formal equality and even equal educational opportunity are not enough to create a just society. While the Courts should not play a major role here, the constitutional issues are profound.
You Got What You Deserved

The Philosophy of Criminal Law collects 17 of Doug Husak’s articles on legal theory, 16 of which have been previously published, spanning a period of over two decades. In sum, these 17 articles make a huge and lasting contribution to criminal law theory. There is much wisdom contained in them; and I find surprisingly little to disagree with, making my job as a critical reviewer quite challenging. Most of the points on which Doug and I disagree can be found in my other published work in this field, so I will have little to say about them, except where they illuminate those few points of disagreement that arise in the particular essays I discuss. Most of what I will say will be in accord with Doug’s views and will principally explore their wider implications. The 17 essays in the book cover too many and too varied topics for one review essay. Therefore, I will focus on just three of them: “Rapes Without Rapists: Consent and Reasonable Mistake” (co-authored by George C. Thomas); “Mistakes of Law and Culpability”; and “Already Punished Enough.” Although I generally agree with the upshots of Doug’s arguments in these chapters, I think the issues they raise are worth further exploration.
Licensing Lies: Merger Clauses, the Parol Evidence Rule and Pre-Contractual Misrepresentations

Many contract lawyers seem to consider the rules assigning liability for fraudulent - and sometimes even negligent - misrepresentation in contract formation to be among the few mandatory rules of the contracting game. This article challenges that assumption. There are both moral and economic objections to allowing individuals to contract out of liability for fraud. However, few judges or lawyers seem to recognize that those objections usually do not apply when parties have negotiated their agreement through agents rather than by bargaining face-to-face. This article explores both the moral and economic ramifications of enforcing disclaimers of liability for fraud in a variety of contexts. The analysis suggests that sophisticated parties should routinely be allowed to disclaim liability for their agents' pre contractual misrepresentations, whether fraudulent or not. Individuals however, should not be permitted to contract out of liability for their own fraud. These conclusions are potentially significant because the relevant legal rules affect a large number of transactions and the case law is divided. This article is also significant from a theoretical perspective because it emphasizes the importance of adapting the rules of contract law to reflect modern commercial reality in which face-to-face bargaining is the exception rather than the rule.
Labor Goals and Antidiscrimination Norms: Employer Discretion, Reasonable Accommodation, and the Costs of Individualized Treatment

The Americans with Disabilities Act (ADA) envisions a workplace markedly different from the one that organized labor has long endeavored to construct. Labor has traditionally considered one of its primary missions to be protecting employees from the arbitrary treatment that employers can inflict under the common-law rule of "at-will" employment. For only by curtailing such treatment can labor realize its more familiar policy objectives — enhanced job security and predictability, higher wages, more generous benefits, and better working conditions. To shield employees from arbitrary treatment, labor has advocated workplace policies — such as for-cause termination and seniority rights — that limit employers’ decisionmaking discretion and require employers to treat all their employees equally. The ADA, by contrast, necessarily requires employers to exercise significant discretion. Like other employment-discrimination laws, the ADA seeks to ensure that employers treat employees as individuals. But whereas other employment-discrimination laws promote individualized treatment only indirectly, the ADA directly mandates such treatment for individuals with disabilities by affirmatively requiring employers to accommodate such individuals based on an assessment of each person’s unique needs and capacities. Employers cannot provide this kind of individualized treatment without exercising significant discretion to depart from or modify generally applicable workplace policies.By exposing the tension between labor’s goal of limiting employer discretion and the ADA’s accommodation requirement, this Article offers a new take on the perennial debate among scholars over the nature of that requirement and its relationship to prior antidiscrimination mandates, particularly Title VII of the Civil Rights Act of 1964. It also develops a distinctive analytical framework for understanding the relationship between labor law and employment-discrimination law and for addressing controversies arising at the intersection of labor goals and antidiscrimination norms. It specifically applies that framework to one such controversy: whether the ADA can ever require an employer to reassign a disabled employee to a particular position in violation of the employer’s competitive-assignment policy. Normatively, the Article offers a number of reasons to reconcile the ADA’s accommodation requirement to labor’s goal of limiting employer discretion, rather than vice versa. And amid calls by scholars to extend the ADA’s model of individualized treatment to other employment-discrimination laws and workplace regulation more generally, this Article sounds a note of caution, suggesting that we should consider alternatives — such as disparate-impact liability — that accommodate difference in the workplace without subverting labor goals.