cssi/SciSciGPT-SciSciNet huggingface dataset:
Exploring interannual variability in potential spawning habitat for Atlantic bluefin tuna in the Slope Sea

Abstract The Slope Sea in the Northwest Atlantic Ocean, located between the Gulf Stream and the continental shelf of the Northeast United States, is a recently-documented possible major spawning ground for Atlantic bluefin tuna (Thunnus thynnus). Larval surveys and a habitat modeling study have shown that suitable spawning habitat occurs in the Slope Sea, but the degree to which this habitat varies interannually is an open question. Here, we perform a decade-long (2009–2018) numerical modeling analysis, with simulated larvae released uniformly throughout the Slope Sea, to investigate the interannual variability in the water temperature and circulation criteria deemed necessary for successful spawning. We also quantify the influence of Gulf Stream meanders and overshoot events on larval retention and their effect on habitat suitability rates throughout the Slope Sea, defined as the percentage of simulated larvae released at a given location that satisfy criteria related to water temperature and retention near nursery habitat. Average environmental oceanographic conditions over the decade are most favorable in the western part of the Slope Sea, specifically in the Slope Gyre and away from the immediate vicinity of the Gulf Stream. Variability in domain- and summertime-averaged yearly spawning habitat suitability rates is up to 25% of the mean decadal-averaged values. Yearly habitat suitability correlates strongly with the Gulf Stream overshoot but does not correlate well with other oceanographic variables or indices, so an overshoot index can be used as a sole oceanographic proxy for predicting yearly bluefin spawning habitat suitability in the Slope Sea. Selective spawning can weaken the correlation between habitat suitability and Gulf Stream overshoot. Effort should be put towards collecting observational data against which we could validate our findings.
Can We Be Legal Positivists Without Being Constitutional Positivists

Larry Sager's book "Justice in Plainclothes" explains that our constitutional practice has a "durable moral shortfall." Judges do not fully enforce the Constitution, and the Constitution does not fully replicate political justice. This review essay critiques the latter gap, and argues that our constitutional practice need not be read as falling short of what political justice demands. Although most of us are legal positivists at least to the extent that we believe law does not fully overlap with morality, we need not similarly be constitutional positivists, that is, we need not similarly believe that our constitutional practice does not fully overlap with political justice. The review essay contrasts a skeptical view of law's reach with a more aspirational view of constitutionalism; evaluates Sager's arguments for the first gap, i.e., "judicial underenforcement"; and then critiques the case for the gap between the Constitution and political justice. In part the case for the gaps turns on a theory of democracy that requires a robust role for the citizenry in fleshing out the contours of what political justice demands; the review essay argues that such a role can be maintained even if we view our Constitution as coextensive with political justice.
Lattice QCD and the standard model

Most of the poorly known parameters of the Standard Model cannot be determined without reliable calculations in nonperturbative QCD. Lattice gauge theory provides a first-principles definition of the required functional integrals, and hence offers ways of performing these calculations. This paper reviews the progress in computing hadron spectra and electroweak matrix elements needed to determine α s , the quark masses, and the CabibboKobayashi-Maskawa matrix.
The Exxon-Mobil Merger: An Archetype

In response to change pressures, the oil industry has engaged in multiple adjustment processes. The 9 major oil mergers from 1998 to 2001 sought to improve efficiency so that at oil prices as low as $11 to $12 per barrel, investments could earn their cost of capital. The Exxon-Mobil combination is analyzed to provide a general methodology for merger evaluation. The analysis includes: the industry characteristics, the reasons for the merger, the nature of the deal terms, discounted cash flow (DCF) spreadsheet valuation models, DCF formula valuation models, valuation sensitivity analysis, the value consequences of the merger, antitrust and competitive reaction patterns, and the implications of the clinical study for merger theory.
Diversification and Its Discontents: Idiosyncratic and Entrepreneurial Risk in the Quest for Social Status

Social status concerns influence investors' decisions by driving a wedge in attitudes toward aggregate and idiosyncratic risks. I model such concerns by emphasizing the desire to "get ahead of the Joneses," which implies that aversion to idiosyncratic risk is lower than aversion to aggregate risk. The model predicts that investors hold concentrated portfolios in equilibrium, which helps rationalize the small premium for undiversified entrepreneurial risk. In the model, status concerns are more important for wealthier households. Consequently, these households own a disproportionate share of risky assets, particularly private equity, and experience greater volatility of consumption, consistent with empirical evidence. Diversification and risk sharing are fundamental principles of modern finance and macroeconomics. However, empirical evidence suggests that household portfolios are poorly diversified, with many people reporting substantial holdings of a single stock. For the wealthiest households large shares in closely held businesses constitute a particularly important source of risk (e.g., Heaton and Lucas (2000a)). It is not surprising that entrepreneurs bear substantial undiversified risk, since it is important for mitigating moral hazard and/or adverse selection problems. Yet, from a standpoint of portfolio theory, entrepreneurship does not appear to be well compensated, implying that many investors are willing to take poorly rewarded risks despite the availability of superior investment opportunities such as public equity that earns a large risk premium (e.g., Moskowitz and Vissing-j0rgensen (2002), Hall and Woodward (2007)).
Taking Late Night Comedy Seriously: How Candidate Appearances on Late Night Television Can Engage Viewers

Candidate appearances on entertainment television have become a staple of recent presidential campaigns, yet little is known about their effect on voters. Many assume that they leave viewers uninformed and focused on the candidate’s personal image. In this article, the author investigates this idea with an experiment using John Kerry’s 2004 appearance on the Late Show with David Letterman. He finds that—contrary to popular expectations—late night interviews have particular features that can, at times, engage otherwise politically disinterested viewers, causing them to process and recall substantive policy information.
An unusual "mini-BAL" quasar at z = 4.59

The z = 4.591 quasar PC 1415+3408 exhibits very strong associated metal-line absorption from the N V λλ1238, 1242, Si IV λλ1393, 1402, and C IV λλ1548, 1550 doublets spanning the velocity interval-1700 km s-1 ≤ v ≤ 0 km s-1. Also present are detached absorption troughs in N V and C IV spanning -5000 km s-1 ≤ v ≤ -3000 km s-1; this is characteristic of broad absorption line (BAL) quasars, but the small overall velocity spread suggests that PC 1415+3408 be classified as a "mini-BAL" quasar. The N V doublet is consistent with black saturation over the velocity interval -1200 to -500 km s-1; black N V absorption is extraordinary in all classes of quasars at all redshifts. Over this velocity interval, the C IV doublet is severely blended but also consistent with black saturation. The material over this range of velocity appears to fully occult the continuum source, the broad emission line region, and any material that could give rise to scattered light. In view of a unified scenario for BAL and mini-BAL absorption, these facts imply that the quasar is being viewed along a preferred direction. On the other hand, the black mini-BALs in PC 1415+3408 could be explained if the BAL flow has an unusual geometry compared with the population of BAL quasars and/or the spatial extent of a scattering region is small at the lower velocities (-1700 km s-1 ≤ v ≤ 0 km s-1).
From subjective probabilities to decision weights: The effect of asymmetric loss functions on the evaluation of uncertain outcomes and events.

Much of decision aiding uses a divide-and-con quer strategy to help people with risky decisions. Assessing the utility of outcomes and one's degree of belief in their likelihood are assumed to be separable tasks, the results of which can then be combined to determine the preferred alternative. Evidence from different areas of psychology now provides a growing consensus that this assumption is too simplistic. Observed dependencies in the evaluation of uncertain outcomes and the likelihood of the events giving rise to them are frequent and systematic. Dependencies seem to derive from general strategic processes that take into consideration asymmetric costs of over- vs. underestimates of uncertain quantities. This asymmetric-loss-function interpretation provides a psychological explanation for observed judgments and decisions under uncertainty and links them to other judgment tasks. The decision weights estimated when applying dependent-utility models to choices are not simply reflections of perceived subjective probability but a response to several constraints, all of which modify the weight of risky or uncertain outcomes. Perhaps more than any other social science, psychology maintains an ongoing debate about its status as a coherent field of scholarship (cf. Fowler, 1990; Koch, 1969; Simon, 1992), often expressing genuine concern about the paucity of established and cumulative results and theories. Thus, note the emergence of a consensus on an important behavioral fact from different areas of psychology as well as economics. This article brings together some commonalities in results and in the mechanisms designed to explain them. These should be of theoretical as well as practical interest to anybody interested in human judgments and decisions. With this interpretative review, I attempt to present these often technical results and theories in an integrative and more accessible way. I argue that people's behavior in the judgment and decision situations discussed can be seen as responsive to self- or outwardly imposed constraints in their envi
Managing Delegated Search Over Design Spaces

Organizations increasingly seek solutions to their open-ended design problems by employing a contest approach in which search over a solution space is delegated to outside agents. We study this new class of problems, which are costly to specify, pose credibility issues for the focal firm, and require finely tuned awards for meeting the firm's needs. Through an analytical model, we examine the relationship between problem specification, award structure, and breadth of solution space searched by outside agents toward characterizing how a firm should effectively manage such open-ended design contests. Our results independently establish and offer a causal explanation for an interesting phenomenon observed in design contests---clustering of searchers in specific regions of the solution space. The analysis also yields a cautionary finding---although the breadth of search increases with number of searchers, the relationship is strongly sublinear (logarithmic). Finally, from the practical perspective of managing the delegated search process, our results offer rules of thumb on how many and what size awards should be offered, as well as the extent to which firms should undertake problem specification, contingent on the nature (open-endedness and uncertainty) of the design problem solution being delegated to outside agents. This paper was accepted by Kamalini Ramdas, entrepreneurship and innovation.
Art Infusion: The Influence of Visual Art on the Perception and Evaluation of Consumer Products:

Abstract In this research, the authors investigate the phenomenon of “art infusion,” in which the presence of visual art has a favorable influence on the evaluation of consumer products through a content-independent spillover of luxury perceptions. In three studies, the authors demonstrate the art infusion phenomenon in both real-world and controlled environments using a variety of stimuli in the contexts of packaging, advertising, and product design.
Adverse effects of uniform written reporting standards on accounting practice, education, and research

When transactions have multiple attributes, achieving uniformity in their classification depends on whether similarities or dissimilarities are of interest; uniformity with respect to both is not possible. The pursuit of uniform written standards at the expense of social norms diminishes the effectiveness of financial reporting in stewardship and governance, and in keeping the security markets informed. A shift to written standards discourages thoughtful classroom discourse on alternatives which develop professional judgment. It also engenders ‘‘by the book” attitudes and drives talent away from accounting programs and, ultimately, from the accounting profession. Judgment and personal responsibility being the hallmarks of a learned profession, the dominance of uniform written standards weakens the claim that accounting programs belong in universities alongside architecture, dentistry, engineering, law, and medicine. Uniformity discourages research and debate in academic and practice forums and promotes increasingly detailed rule-making. It shuts the door on learning through experimentation, making it difficult to discover better ways of financial reporting through practice and comparison of alternatives. Improved financial reporting calls for a careful balance between written standards and unwritten social norms.
Coal-Fired Power Plants, Greenhouse Gases, and State Statutory Substantial Endangerment Provisions: Climate Change Comes to Kansas

On October 17, 2007, the Bureau of Air and Radiation, Air Permitting Section of the Kansas Department of Health and Environment (KDHE) recommended the issuance of an Air Quality Construction Permit under state air quality legislation to the Sunflower Electric Power Corporation (Sunflower). The permit would have allowed Sunflower to construct two new 700 megawatt coal-fired steam generating units and associated ancillary equipment at the site of its existing generating station located in Holcomb, Kansas. The very next day, Roderick
DO CURRENCY MARKETS ABSORB NEWS QUICKLY

Abstract This paper addresses whether macro news arrivals affect currency markets over time. The null from macro exchange rate theory is that they do not: macro news is impounded in exchange rates instantaneously. We test this by examining the effects of news on subsequent trades by end-user participants (such as hedge funds, mutual funds, and non-financial corporations). News arrivals induce subsequent changes in trading in all of the major end-user segments. These induced changes remain significant for days. Induced trades also have persistent effects on prices. Currency markets are not responding to news instantaneously.
Structural characterization of HIV-1 matrix mutants implicated in envelope incorporation.

During the late phase of HIV-1 infection, viral Gag polyproteins are targeted to the plasma membrane (PM) for assembly. Gag localization at the PM is a prerequisite for the incorporation of the envelope protein (Env) into budding particles. Gag assembly and Env incorporation are mediated by the N-terminal myristoylated matrix (MA) domain of Gag. Nonconservative mutations in the trimer interface of MA (A45E, T70R, and L75G) were found to impair Env incorporation and infectivity, leading to the hypothesis that MA trimerization is an obligatory step for Env incorporation. Conversely, Env incorporation can be rescued by a compensatory mutation in the MA trimer interface (Q63R). The impact of these MA mutations on the structure and trimerization properties of MA is not known. In this study, we employed NMR spectroscopy, X-ray crystallography, and sedimentation techniques to characterize the structure and trimerization properties of HIV-1 MA A45E, Q63R, T70R, and L75G mutant proteins. NMR data revealed that these point mutations did not alter the overall structure and folding of MA but caused minor structural perturbations in the trimer interface. Analytical ultracentrifugation data indicated that mutations had a minimal effect on the MA monomer–trimer equilibrium. The high-resolution X-ray structure of the unmyristoylated MA Q63R protein revealed hydrogen bonding between the side chains of adjacent Arg-63 and Ser-67 on neighboring MA molecules, providing the first structural evidence for an additional intermolecular interaction in the trimer interface. These findings advance our knowledge of the interplay of MA trimerization and Env incorporation into HIV-1 particles.
The Rise and Fall of the Constitutional Exclusionary Rule in the United States

In 1961 the United States Supreme Court held in Mapp v. Ohio that the exclusion of evidence obtained as a result of an unconstitu tional search or seizure is required in state criminal trials as a matter of federal constitutional law. Two further cases decided in 1964 and 1966 created federal constitutional exclusionary rules for illegally ob tained confessions based on the constitutional right to counsel and the right against compelled self-incrimination. The evidentiary exclusion ary rules created in these landmark cases continue to be the principal tool for enforcing constitutional rights applicable in criminal prosecu tions. Over the past fifty years, however, the constitutional foundations of the exclusionary rules have shifted and their scope has narrowed. At one time the exclusion of evidence obtained as a result of a violation of the constitution was understood to be required as a con stitutional mandate. The Supreme Court has now explicitly rejected that view in favor of an interpretation that regards the exclusionary rules as judicially created prophylactic remedies whose purpose is to deter future violations. Consistent with this understanding of exclu sion as a forward-looking preventive measure, the Court has limited the application of the exclusionary rule to circumstances where the de terrent benefits of exclusion are considered to outweigh the costs in terms of lost evidence.
The cash conversion cycle spread

Abstract The cash conversion cycle (CCC) refers to the time span between the outlay of cash for purchases to the receipt of cash from sales. It is a widely used metric to gauge the effectiveness of a firm's management and intrinsic need for external financing. This paper shows that a zero-investment portfolio that buys the lowest CCC decile stocks and shorts the highest CCC decile stocks earns 5%–7% alphas per year. The CCC effect is prevalent across industries, remains even for large capitalization stocks, distinct from the known return predictors, and cannot be explained by the financial intermediary leverage risk.
Constraint Through Delegation: The Case of Executive Control Over Immigration Policy

This Article proposes recalibrating the separation of powers between the political branches in the context of their regulation of immigration law’s core questions: how many and what types of immigrants to admit to the United States. Whereas Congress holds a virtual monopoly over formal decisionmaking, the executive branch makes de facto admissions decisions using its discretionary enforcement power. As a result of this structure, stasis and excessive prosecutorial discretion characterize the regime, particularly with respect to labor migration. Both of these features exacerbate pathologies associated with illegal immigration and call for a structural response. This Article contends that Congress should create an executive branch agency, marked by indicia of independence, to set visa policy—an avenue increasingly contemplated by reformers. Though it may seem counterintuitive, delegation of greater authority can help constrain executive power by substituting a transparent process, subject to monitoring, for decisionmaking that occurs hidden from view. Delegation can also help overcome limitations in the Copyright © 2010 by Cristina M. Rodriguez. † Professor of Law, NYU School of Law, Henry E. Stimson Visiting Professor of Law, Harvard Law School. I am a non-resident fellow at the Migration Policy Institute in Washington, D.C., which has advocated the creation of a Standing Commission on Labor Markets, Economic Competitiveness, and Immigration. The views expressed in this Article, however, are my own. This Article draws from my coauthored work with Adam B. Cox, The President and Immigration Law, and is informed by numerous conversations we have had, as well as his insightful comments on the Article itself. Any misguided suggestions or observations in this piece are my own. I also have benefitted greatly from comments from and conversations with Bruce Ackerman, Rachel Barkow, Stephen Legomsky, Jerry Mashaw, Hiroshi Motomura, Nicholas Parrillo, Matthew Stephenson, Susan Rose-Ackerman, and participants in the Duke Law Journal’s Administrative Law Symposium and the Boston University School of Law Faculty Workshop. I am extremely grateful for the excellent research assistance of Rebecca Krauss, Philip Mayor, Alexander Parachini, and Kevin Zhao. RODRIGUEZ IN FINAL.DOC 3/30/2010 6:19:14 AM 1788 DUKE LAW JOURNAL [Vol. 59:1787 legislative process that contribute to the current regime’s dysfunction, making immigration policy more efficient and effective. The Refugee Act of 1980 provides a parallel that is helpful in thinking through what it would mean to delegate ex ante admissions power to the executive.
Predicting First-Year Returns Of Health Care IPOs

Prior empirical work shows that IPOs generally earn positive excess first-day returns yet subsequently underperform. Many researchers examine the determinants of post-first-day IPO success, however, these studies do not test for first-year IPO return predictability due to unavailability of pre-IPO data with which to predict first-year performance. In this study we utilize strictly pre-IPO financial data manually obtained from corporate IPO registrations to predict the first-year post-IPO performance of health care firms. We do so by utilizing firm size, free cash flows, discretionary accruals, and Altman’s Z. Results suggest that each metric is a significant determinant of first-year raw cumulative and excess cumulative returns, and we are able to reliably identify which firms will be in the top and bottom performance quartiles 30 days, 6 months, and 12 months after the IPO.
State of the information privacy literature: where are we now and where should we go?

While information privacy has been studied in multiple disciplines over the years, the advent of the information age has both elevated the importance of privacy in theory and practice, and increased the relevance of information privacy literature for Information Systems, which has taken a leading role in the theoretical and practical study of information privacy. There is an impressive body of literature on information privacy in IS, and the two Theory and Review articles in this issue of MIS Quarterly review this literature. By integrating these two articles, this paper evaluates the current state of the IS literature on information privacy (where are we now?) and identifies promising research directions for advancing IS research on information privacy (where should we go?). Additional thoughts on further expanding the information privacy research in IS by drawing on related disciplines to enable a multidisciplinary study of information privacy are discussed.
The nonrelativistic limit of relativistic Vlasov–Maxwell system

We consider the one and one-half dimensional multi-species relativistic Vlasov-Maxwell system with non-decaying(in space) initial data. We prove its well-posedness and nonrelativistic limit as the speed of light $c\rightarrow\infty$. These results mainly rely on a delicate analysis of energy structure and application of estimates along the characteristic lines.
IS U.S. ECONOMIC GROWTH OVER? FALTERING INNOVATION CONFRONTS THE SIX HEADWINDS

This paper raises basic questions about the process of economic growth. It questions the assumption, nearly universal since Solow’s seminal contributions of the 1950s, that economic growth is a continuous process that will persist forever. There was virtually no growth before 1750, and thus there is no guarantee that growth will continue indefinitely. Rather, the paper suggests that the rapid progress made over the past 250 years could well turn out to be a unique episode in human history. The paper views the future from 2007 while pretending that the financial crisis did not happen.
The Subprime Crisis and the Link between Consumer Financial Protection and Systemic Risk

This Article argues that the current global financial crisis, which was first called the "subprime crisis," demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is not merely high rates of defaults on consumer loans, but highly correlated defaults that create risks for lenders and investors in asset-backed securities. Consumer financial regulations can mitigate these risks. The Article argues:
Equity Valuation Using Multiples

We examine the valuation performance of a comprehensive list of value drivers and find that multiples derived from forward earnings explain stock prices remarkably well: pricing errors are within 15 percent of stock prices for about half our sample. In terms of relative performance, the following general rankings are observed consistently each year: forward earnings measures are followed by historical earnings measures, cash flow measures and book value of equity are tied for third, and sales performs the worst. Curiously, performance declines when we consider more complex measures of intrinsic value based on short-cut residual income models. Contrary to the popular view that different industries have different “best” multiples, these overall rankings are observed consistently for almost all industries examined. Since we require analysts’ earnings and growth forecasts and positive values for all measures, our results may not be representative of the many firm-years excluded from our sample.
Who's Allowed to Kill the Radio Star? Forfeiture Jurisdiction under the Communications Act

The Federal Communications Commission (FCC) issues regula tions, the violation of which can result in the FCC seeking forfeiture— "the divestiture of property without compensation."1 Courts are cur rently split regarding the jurisdiction of district courts to entertain con stitutional challenges to these regulations when raised as affirmative defenses in forfeiture actions under the Communications Act of 1934.2 The Act sets up a jurisdictional structure for review of FCC actions. Three provisions are of interest here: 47 USC §§ 402, 504, and 510. The courts of appeals have exclusive jurisdiction over "[a]ny proceed ing to enjoin, set aside, annul, or suspend any order of the [FCC]" un der § 402.3 The federal district courts have exclusive jurisdiction over forfeiture proceedings under §§ 504 and 510.4 Unfortunately, the Act's jurisdictional grants are notably complicated, and it is unclear whether district court forfeiture jurisdiction extends to constitutional defenses that implicate the validity of an FCC order.5 In 2000, the Sixth and Eighth Circuits disagreed over whether district court forfeiture jurisdiction extended to constitutional chal lenges to regulations raised as defenses ("constitutional defenses") during a forfeiture proceeding. It is important to emphasize that the split is about constitutional challenges to the FCC directives underly ing the forfeiture action and not constitutional challenges to either
Meta-Analysis of the Impact of Research Methods on Findings of First-Mover Advantage

A long-standing hypothesis is that firms that enter a market early "first movers" tend to have higher performance than their followers "first-mover advantage". Recently, researchers have begun to argue that the statistical tests that support this relationship are limited in their applicability. That is, it is suggested that because of the methods used, these tests show the relationship only for certain subsets of firms, markets, and types of performance. We performed a meta-analysis to determine whether the findings are in fact sensitive to the methods used. We discovered that tests using market share as their performance measure were sharply and significantly more likely to find a first-mover advantage than tests using other measures such as profitability or survival. Also significantly more likely to find an advantage were tests that sample from individually selected industries and those that include no measures of the entrants' competitive strength. Conversely, we found little evidence that "survivor bias" the exclusion of nonsurviving entrants from the sample affects a test's findings. The data further suggest that tests that use none of the questioned research practices will find a first-mover advantage no more often than can be accounted for by random statistical error alone.
Meeting Individual Analyst Expectations

ABSTRACT: The expectations management literature has so far focused on firms meeting the analyst consensus forecast—the expectations of analysts as a group—at earnings announcements. In this study we argue that investors may use individual analyst forecasts as additional benchmarks in evaluating reported earnings because the consensus forecast underutilizes private information contained in individual analyst forecasts. We predict that measures reflecting such private information have incremental explanatory power over the consensus forecast for the market's reaction to earnings news. We find results consistent with this prediction by examining two measures: (1) the percentage of individual forecasts met and (2) meeting the key analyst forecast. We extend the literature by documenting the role of individual analyst forecasts in investors' evaluations of reported earnings. JEL Classifications: G10; G11; G17; G14; G24. Data Availability: Data are publicly available from the sources identified in the paper.
Intertemporal dependence, impatience, and dynamics☆

Abstract This paper develops simple geometric methods for analyzing consumer behavior under recursive but intertemporally dependent tastes. Since the preferences studied need not be time-additive, they allow the marginal utility of consumption on a given date to vary with consumption on other dates. Intertemporal dependence is induced by the presence of a variable individual rate of time preference. The optimal consumption responses to transitory and anticipated changes in incomes and interest rates are easily derived and are similar in many respects to the responses implied by the standard, constant time-preference model. Intuitive explanations of the first-order conditions describing optimal paths are provided.
Reengineering Nonprofit Financial Accountability: Toward a More Reliable Foundation for Regulation

The annual Internal Revenue Service Form 990 tax filing is the principal disclosure mechanism for nonprofit organizations. Although considerable efforts have been made to improve the accuracy and accessibility of Form 990, questions remain as to whether this data source is the most desirable foundation for a system of nonprofit accountability. Taking a broad perspective on financial accountability, this article assesses not only the quality and availability of the financial data, but also the entire financial–reporting model. The article develops a framework for thinking critically about nonprofit financial accountability. After examining the current structure of nonprofit financial reporting and contrasting it with alternative systems developed for other industries, the article concludes with recommendations for reengineering nonprofit financial accountability.
The impact of parenting strategies on child smoking behavior: The role of child self-esteem trajectory

Multidisciplinary research has documented that parenting strategies influence children’s cigarette use. Extending the extant literature, this article develops an integrative model that examines the effect of parenting strategies on children’s smoking progression, in which children’s self-esteem plays the role of mediator. The authors validate this model using longitudinal panel data from parents and children ages 10‐17. The primary findings are that parenting strategies influence children’s smoking development and that the impact of these strategies is mediated by the child’s self-esteem trajectory, particularly for the rate of increase in smoking. Parental responsiveness decreases children’s smoking development by enhancing the child’s initial self-esteem and reducing the natural rate of deterioration in self-esteem, while psychological control increases smoking development both directly and indirectly by reducing initial self-esteem. Targeting parents through multimedia ad campaigns to bring about changes in parenting strategies to reduce or avoid teen smoking offers a fruitful complementary tool to targeting teens themselves. Such campaigns should also emphasize avoiding parental psychological control as a strategy and begin reaching parents well before their children approach late grade school.
Deductio’ ad absurdum: CEOs donating their own stock to their own family foundations ☆

Abstract I study large charitable stock gifts by Chairmen and Chief Executive Officers (CEOs) of public companies. These gifts, which are not subject to insider trading law, often occur just before sharp declines in their companies’ share prices. This timing is more pronounced when executives donate their own shares to their own family foundations. Evidence related to reporting delays and seasonal patterns suggests that some CEOs fraudulently backdate stock gifts to increase personal income tax benefits. CEOs’ family foundations hold donated stock for long periods rather than diversifying, permitting CEOs to continue voting the shares.
What O'Clock I Say: Juridical Epistemics and the Magisterium of the Church

Petruchio: I will not go today; and ere I do It shall be what o'clock I say it is. Hortensio: Why, so, this gallant will command the sun. Scrope, C.J.: I remember it well, but I can have no knowledge of it in my capacity as judge. The Catholic Church claims a wide authority to make pronouncements on faith and morals, and have them respected by members of the church. The nature and extent of the respect to be accorded them is subject to considerable debate, some of it both extensive and acrimonious. It is claimed, to be sure, that certain pronouncements are infallible; if so, they are obviously beyond debate. But for most pronouncements no such claim is made. Furthermore, the question whether a given pronouncement is infallible or not is itself debatable, and can generally not be infallibly resolved. We are confronted, therefore, with an array of assertions of varying provenance to which we are expected to give some measure of credence, even though we have no guarantee that they are true, or even that their authors are particularly well-informed. They take their authority from that of the church, which in its corporate capacity is the repository of God's Revelation, and the beneficiary of His guidance.
In the Name of Patent Stewardship: The Federal Circuit's Overreach into Commercial Law

While the U.S. Court of Appeals for the Federal Circuit has admirably commandeered its stewardship of patent law—Congress bestowed the Federal Circuit with exclusive jurisdiction over patent appeals since 1982—the court has unabashedly extended its reach, unwelcomed, into commercial law. Camouflaged in the name of patent stewardship, the Federal Circuit’s foray into commercial law has yielded unexpected and unjustifiable results. This Article argues that, paradoxically, to maintain its stewardship of patent law, the Federal Circuit should not invoke patent law to rationalize its decisions concerning commercial law, which have dramatically altered established commercial law. This encroachment into commercial law, which is within the provenance of state law, destabilizes federalism causing uncertainty in state law. The Federal Circuit must refrain from encroaching into commercial law as it has no authority to inject itself into state law making. INTRODUCTION 128 I. SALE AND PURCHASE OF ASSETS AND THE FEDERAL CIRCUIT’S CONTRACT LAW 131 A. The Law of Sale and Purchase of Assets 131 B. Abraxis Bioscience, Inc. v. Navinta LLC 137 C. The Federal Circuit’s New Contract Law for Patents 144 II. SECURITY INTEREST IN INTELLECTUAL PROPERTY ASSETS AND FRAUDULENT CONVEYANCES 146 A. The Law of Secured Transactions and Fraudulent Conveyances 146 B. Aptix Corp. v. Quickturn Design Systems, Inc. 152 * Gerald L. Bepko Chair in Law & Director, Center for Intellectual Property & Innovation, Indiana University McKinney School of Law; Former IP Associate, Fried Frank Harris Shriver & Jacobson (NYC) and Pryor Cashman Sherman & Flynn (NYC). Many thanks to Professor Bob Gomulkiewicz, University of Washington School of Law and Professor Danielle Conway, University of Hawaii, Richardson School of Law for their support of my passion in commercial transactions, secured transactions, and bankruptcy law. Special thanks to Erik Darwin Hille and Khai-Leif Nguyen-Hille for their love, patience, and support. © 2015 by Professor Xuan-Thao Nguyen. 1 Nguyen: In the Name of Patent Stewardship: The Federal Circuit's Overreac Published by UF Law Scholarship Repository, 2016 128 FLORIDA LAW REVIEW [Vol. 67 C. The Federal Circuit’s New Law on Security Interest and Fraudulent Conveyance 153 III. INTELLECTUAL PROPERTY ASSETS IN BANKRUPTCY AND THE FEDERAL CIRCUIT’S NEW TRUST LAW 158 A. The Role of Liquidating Trust Created in Bankruptcy 158 B. Morrow v. Microsoft Corp. 161 C. The Federal Circuit’s New Trust Law 163 IV. RESPECTING FEDERALISM PRINCIPLES IN STEWARDSHIP OF PATENT LAW 166 CONCLUSION 169
Nietzsche’s Naturalism Reconsidered

ions such as subjects and doers” (id.). I take it, then, by Acampora‟s own admission, Nietzsche, in fact, believes in causation, but simply denies that some purported causes—for example, “subjects” or the conscious will—are, in fact, causal. But this was never at issue in my reading of Nietzsche‟s naturalism, which spent considerable time examining precisely this critique of his (Leiter 2002: 87-101). What Acampora promised, but has failed to deliver, is any evidence that it is “simply mistaken” to point out that Nietzsche believes in causation in his mature works. Rather than being “mistaken,” Acampora, in her footnote, admits that it is correct! Acampora‟s confused critique nonetheless raises an important issue: namely, whether Nietzsche is not a skeptic about what he takes to be the underlying metaphysics of modern science? And, if that is true, how could he then be a naturalist who takes science seriously? It is to a version of that more worrisome critique that we now turn. C. The Metaphysics of the Will to Power Once again, Janaway poses a sharp version of the pertinent challenge. He writes: Nietzsche‟s commitment to continuity of results with the sciences is put in some doubt by some of his statements about the fundamental explanatory notion of will to power, which may essentially import notions of overpowering and interpretation into the biological realm. (2007: 52) Indeed, some of Nietzsche‟s discussions of will to power—especially in GM II:12--raise doubts even about ascribing M-Naturalism to Nietzsche. As Janaway writes: The problem is that Nietzsche presents will to power as a counter to what he sees as the dominant paradigm in science, the “democratic idiosyncrasy against everything
The Anatomy of Grey: A Theory of Interracial Convergence

This article offers a theory of racial identity divorced from biological considerations. Law fails to recognize the complexity of racial performance and identity, thus categorically simplifying a perceived polarity of black and white. Ground-breaking scholarship addressing racial boundaries, as written by Randall Kennedy, Elizabeth Bartholet, and Angela Onwauchi-Willig, generally focuses on the enduring legacy of race discrimination. We approach these boundaries from a different angle—whites who become “less white.” We bring together the challenges of passing and adoption to offer a theory of fluid racial boundaries. Transracial adoption provides one viable channel to discuss the possibilities of white-to-black racial identity transformation. By confronting the meaning of white identity in relation to their black surroundings, adoptive parents may engage along a continuum of what we term “interracial convergence.” Parents who adopt transracially potentially face some of the pressures of being black in the United States. The Interethnic Placement Act forbids the consideration of race in adoption placements, but white adoptive parents nevertheless receive sharp criticism from black social workers for lacking the ability to teach “survival skills” necessary for the child’s racial identity development. We argue, alternatively, that it creates a grey space where racial convergers—adoptive parents and racial passers—can challenge the stability of racial boundaries.
Problems with Minimalism

Much of Justice Sandra Day O’Connor’s work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. This preference reflects a belief that at least in adjudication, standards ought to be preferred to rules. In many contexts, however, that belief is hard to justify, simply because it imposes severe decision-making burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide rulings cannot itself be made by rules or even presumptions; it requires a case-by-case inquiry. The argument is illustrated throughout with reference to the problem of affirmative action, where Justice O’Connor’s preference for particularity resulted in the imposition of a constitutional mandate on admissions offices that is not simple to defend in principle. In some contexts, however, narrow rulings are indeed preferable, in large part because they give flexibility to politically accountable officials. Justice O’Connor’s minimalism is best understood as reflecting a belief that in difficult cases, at the frontiers of constitutional law, judges do best to avoid firm rules that they might come to regret. Consider two admissions programs: 1. Program A gives a specified number of points to every African-American applicant. More particularly, every such applicant receives five points, simply by virtue of being African-American. Five points are not trivial, but they are far from enough to ensure admission. Children of alumni, for example, receive fifteen points; specified academic achievements produce thirty points; athletic accomplishments produce fifteen points. Admission is unlikely unless an applicant receives at least sixty points. 2. Program B dispenses with a point system. Every applicant receives individualized consideration from one of eight admissions officers. In hard cases, the admissions officers meet in “teams” of three; in the hardest cases, * Karl N. Llewellyn Distinguished Service Professor, Law School and Department of Political Science, University of Chicago Law School and Department of Political Science. I am grateful to Christine Jolls for helpful discussions and to James Weingarten for research assistance and excellent comments.
Does It Really Matter? Conservative Courts in a Conservative Era

This essay explores the likelihood that conservative federal courts in the near future will be agents of conservative social change. In particular, the paper assesses whether conservative justices on some issues will support more conservative policies than conservative elected officials are presently willing to enact and whether such judicial decisions will influence public policy. My primary conclusion is that, as long as conservatives remain politically ascendent in the elected branches of government, the Roberts Court is likely to influence American politics at the margins. The new conservative judicial majority is likely to be more libertarian than conservative majorities in the elected branches of government and make policies that conservative majorities privately prefer but would rather not publicly champion. Nevertheless, progressives have far more to fear at present from the radicals in suits who control the elected branches of government than the radicals in robes who increasing control the judiciary. Conservative Republican judicial appointees are likely to have far more impact on public policy should Democrats regain partial control of other federal institutions. More generally, this paper finds that judicial review in the United States and abroad at the turn of the twenty-first century is contributing to a drift toward libertarianism and should be assessed as such.
Identifying physician peer-to-peer effects using patient movement data

Abstract In this paper, we identify and quantify peer-to-peer effects using physician prescription data and patient movement data between physicians. We categorize the movements into three types: 1) primary care physician (PCP) to specialist and back, 2) specialist to specialist, and 3) PCP to PCP. In-depth physician interviews and surveys reveal different reasons for these movements: PCP to PCP is purely patient-generated; PCP to specialist is mostly physician-generated; and specialist to specialist is a mix of patient- and physician-generated movements. We estimate a simultaneous equations model on these three types of movements and find that in the purely patient-generated movement sample (PCP to PCP), the physicians have a significantly negative effect on each other's prescription behavior due to observational learning and congestion effects. In contrast, in the PCP to specialist sample and the specialist to PCP sample, we find that the specialist has a significantly positive effect on the PCP but not vice versa . This result suggests an opinion leader effect. Specialist to specialist movement is a mixed case, and the effect is insignificant in most cases. Based on model estimates, we calculate the social multiplier to quantify the effect of opinion leaders on other physicians in the sample. We find focal specialists who are high prescribers are more likely to be opinion leaders.
Brown-Utility Heuristic? The Presence and Contributing Factors of Latino Linked Fate:

In an electoral system governed by the plurality rule, those groups who wield the greatest amount of power in the United States are those who vote as a cohesive bloc. Although the size of the Latino population is growing, it is unclear whether all Latinos perceive a shared collective identity that will be exercised in the political realm. This study uses the Latino National Survey, a nationally representative telephone survey of 8,600 Latino adults, to examine how individual Latinos perceive their personal fates and the fate of their national origin group with the larger panethnic community. The authors utilize ordered logistic regression analysis to test their hypotheses regarding the impact of immigration experiences, race, and socioeconomic status on Latino linked fate. Results suggest that linked fate for Latinos may be a temporary phenomenon, as linked fate for Latinos appears to be based on marginalization derived from economic status and immigration experiences.