cssi/SciSciGPT-SciSciNet huggingface dataset:
ICANN and the Concept of Democratic Deficit

The Internet Corporation for Assigned Names and Numbers (ICANN) is an institution besieged. It has endeavored to be democratic but its attempts to do so have been disastrous. The typical explanation for this is that the problem is with ICANN: it fails to meet its democratic obligations. My view is that the problem is with our understanding of "democracy." Democracy is an empty concept that fails to describe few, if any, of our genuine political commitments. In the real world, the failings inherent in "democracy" have been papered over by some unusual characteristics of the physical political process. However, in online trans-national institutions like ICANN, democracy is exposed as a poor substitute for a number of other conceptions of our political commitments. This Article seeks to articulate these political commitments and to explain why democracy and ICANN are such a poor mix. It begins by charting the rise of ICANN and its attempts to be democratic. It then explains why democracy is an empty shell of a concept. It then explores some features of democracy and ICANN, explaining why the online world exposes limitations in implications of democracy such as the nature of the demos, the idea of constituencies, direct democracy, voting, and the like. It concludes that ICANN's example demonstrates that democracy is in fact anything but a coherent general theory of political action. We need to consider, then, whether we should continue to berate ICANN for its undemocratic actions.
Students' First Amendment Rights in the Age of the Internet: Off-Campus Cyberspeech and School Regulation

Public school students have been using the Internet to tease, bully, and ridicule their classmates, teachers, and schools. The Supreme Court has held that schools can punish students for some speech without violating the constitution, if it is uttered on school grounds during school hours. Courts, however, have been divided over when, if ever, schools may punish students for comparable off-campus cyberspeech. Because the Supreme Court has provided no direct guidance, this Note examines the Supreme Court's view of students' First Amendment rights on campus, the student-teacher relationship, and basic First Amendment principles to determine whether schools may punish students fir off-campus cyberspeech that would otherwise be protected by the First Amendment. This Note concludes that although, in some circumstances, schools may punish students for off-cainpus cyberspeech that attacks their fellow students, it is unconstitutional for schools to do the same where the student speech targets teachers, administrators, or the school itself.
The Relative Contribution of Jumps to Total Price Variance

We examine tests for jumps based on recent asymptotic results; we interpret the tests as Hausman-type tests. Monte Carlo evidence suggests that the daily ratio z-statistic has appropriate size, good power, and good jump detection capabilities revealed by the confusion matrix comprised of jump classification probabilities. We identify a pitfall in applying the asymptotic approximation over an entire sample. Theoretical and Monte Carlo analysis indicates that microstructure noise biases the tests against detecting jumps, and that a simple lagging strategy corrects the bias. Empirical work documents evidence for jumps that account for 7% of stock market price variance. Copyright 2005, Oxford University Press.
Indigenous Peoples, Indigenous Farmers: NAFTA's Threat to Mexican Teosinte Farmers and What Can be Done About It

U.S. farmers have the capability to grow corn at a much lower cost than their Mexican counterparts, even without the government support that American agribusiness enjoys. In Mexico, corn is grown to some extent by agribusiness, often with ties to corporate America, but corn is also the food crop of the people -- the peasant and the indigenous population. The indigenous people of Mexico essentially developed corn and "gave" it to the world. These indigenous people have finally begun to receive some consideration, insufficient though it may be, for their contributions and their discoveries of useful plants that have become mainstays of modern agribusiness and medicine. Although these contributions are of significant economic value, primarily to the developed North, indigenous peoples have not seen any rewards for their centuries-long efforts. Although there is something of a growing movement towards recognition among the indigenous peoples of the world, their story largely remains untold. As regional and global trade agreements change the face of international trade, as the debate over the effects of globalization on the fates of the developed North and the less developed countries rages, and as countries negotiate agreements which will shape world trade, indigenous peoples generally are not invited to "sit at the table."
Intellectual Capital Profiles: An Examination of Investments and Returns*

ABSTRACT Using data collected from executives in 208 organizations, this study takes a configurational approach to examine how human, social, and organizational capital coexist to form distinct intellectual capital profiles across organizations. We then examine how investments in human resource management (HRM), information technology (IT), and research and development (R&D) differ across these intellectual capital profiles and investigate differences in financial returns and Tobin's q between the profiles. Results indicate that a relatively small group of superior performing organizations exhibit high levels of human, social, and organizational capital. Most firms, however, tend to focus primarily on only one form of intellectual capital, and a small group of underperforming organizations have very low levels of all three types of intellectual capital. At a general level, HRM and IT investments appear to influence intellectual capital development more than R&D investments. More specifically, HRM investments tend to be higher in firms with profiles high in human and social capital, while IT investments are stronger in firms with profiles high in social capital. Further, HRM, IT, and R&D investments are all very high in the group of superior performing organizations that have high levels of human, social, and organizational capital.
An econometric model of nonlinear dynamics in the joint distribution of stock and bond returns

This paper considers a variety of econometric models for the joint distribution of US stock and bond returns in the presence of regime switching dynamics. While simple two- or three-state models capture the univariate dynamics in bond and stock returns, a more complicated four-state model with regimes characterized as crash, slow growth, bull and recovery states is required to capture their joint distribution. The transition probability matrix of this model has a very particular form. Exits from the crash state are almost always to the recovery state and occur with close to 50% chance, suggesting a bounce-back effect from the crash to the recovery state. Copyright © 2006 John Wiley & Sons, Ltd.
Graph Traversal with Tensor Functionals: A Meta-Algorithm for Scalable Learning

Graph Representation Learning (GRL) methods have impacted fields from chemistry to social science. However, their algorithmic implementations are specialized to specific use-cases e.g. "message passing" methods are run differently from "node embedding" ones. Despite their apparent differences, all these methods utilize the graph structure, and therefore, their learning can be approximated with stochastic graph traversals. We propose Graph Traversal via Tensor Functionals (GTTF), a unifying meta-algorithm framework for easing the implementation of diverse graph algorithms and enabling transparent and efficient scaling to large graphs. GTTF is founded upon a data structure (stored as a sparse tensor) and a stochastic graph traversal algorithm (described using tensor operations). The algorithm is a functional that accept two functions, and can be specialized to obtain a variety of GRL models and objectives, simply by changing those two functions. We show for a wide class of methods, our algorithm learns in an unbiased fashion and, in expectation, approximates the learning as if the specialized implementations were run directly. With these capabilities, we scale otherwise non-scalable methods to set state-of-the-art on large graph datasets while being more efficient than existing GRL libraries -- with only a handful of lines of code for each method specialization.
The Prospect of Reconciling Internet and Cyberspace

As the presentations and overall theme of this Conference indicate, there are interesting and important dynamics between law and technology. Law and technology are evolutionary systems, both of which are interdependent. In this Article, I will analyze the manner in which the emergence of the Internet and its evolution affect legal decision making. Specifically, I will focus on how perspectives of the Internet and the way in which it works affect legal analyses and outcomes. Cyberlaw scholars have suggested that the outcome of many cyberlaw disputes depends significantly, if not entirely, on a judge’s perspective of the Internet and how it works. Much of the debate among scholars focuses on figuring out which is the right perspective and which is the wrong perspective. Although the debate is not always explicitly framed in terms of perspectives—it may focus instead on the use of metaphors, for example—the problem of choosing a perspective creeps into the debate, one way or another, often confusing or even preempting normative analysis. There are two dominant perspectives of the Internet.1 First, we have the external perspective, which focuses on the Internet from the
Exploration and exhaustibility in dynamic Cournot games

We study the stochastic effect of resource exploration in dynamic Cournot models of exhaustible resources, such as oil. We firstly treat the case of a monopolist who may undertake costly exploration to replenish his diminishing reserves. We then consider a stochastic game between such an exhaustible producer and a ‘green’ producer that has access to an inexhaustible but relatively expensive source, such as solar power. The effort control variable is taken to be either continuous or discrete (switching control). In both settings, we assume that new discoveries occur according to a jump process with intensity given by the exploration effort. This leads to a study of systems of non-linear first-order delay ordinary differential equations (ODEs). We derive asymptotic expansions for the case of a small-exploration success rate and present some numerical investigations.
RANDOM MATCHING AND MONEY IN THE NEOCLASSICAL GROWTH MODEL: SOME ANALYTICAL RESULTS

I use the monetary version of the neoclassical growth model developed by Aruoba, Waller and Wright (2008) to study the properties of the model when there is exogenous growth. I …rst consider the planner’s problem, then the equilibrium outcome in a monetary economy. I do so by …rst using proportional bargaining to determine the terms of trade and then consider competitive price taking. I obtain closed form solutions for the balanced growth path of all variables in all cases. I then derive closed form solutions for the transition paths under the assumption of full depreciation and, in the monetary economy, a non-stationary interest rate policy.
Political reservation for women and delivery of public works program

We examine the impact of political reservations for women to analyze the effectiveness of female leaders in executing public works under NREGA, India's largest public works program. The 73rd Amendment to the Indian Constitution mandated that one third of Panchayat seats be randomly assigned to women. Using detailed data on Panchayat elections, employment, and public works expenditure for nine districts in Uttar Pradesh, we find female Panchayat leaders significantly increase the demand for work under NREGA. We also find that women leaders take up projects that directly benefit women, such as water control and harvesting. Finally, we find no difference between male and female leaders in generating employment or efficiently implementing public works under NREGA.
Agriculture and pro-poor growth: an Asian perspective.

Imagine a region of the world where all food and agricultural products are sourced from international markets, and domestic agricultural sectors have disappeared. This "world without agriculture" is not imaginary. For many of the world's poorest countries, especially in Africa, a future without agriculture is increasingly being urged as the efficient path to development. Mark Rosenzweig, the new Director of Harvard's Center for International Development, asks at the broadest level: "Should Africa do any agriculture at all?" (Harvard Magazine, 2004, p. 57). Adrian Wood, Chief Economist for the Department for International Development (DfID) of the United Kingdom, envisions a "hollowed out" Africa, with most of the population on the coasts where they could more effectively produce manufactured exports (Wood 2002). Many macro economists, convinced of the power of rapid economic growth to lift populations out of poverty, see resources devoted to slow-growing agriculture as wasted. In a world of ample food supplies in world markets (some of it free as food aid) and increasingly open borders for trade, what is the role of agriculture in pro-poor growth?
Institutional Investors, Financial Health, and Equity Valuation

We investigate the relation between institutional ownership, financial health, and the market valuation weights on earnings and the book value of equity. We find that the valuation weight on earnings (book value) increases (decreases) with the level of institutional ownership for profit firms, while that on book value increases with the level of institutional ownership for loss firms. This valuation effect is not subsumed by incorporating current measures of financial health and is mainly driven by institutions with long investment horizons and monitoring incentives. We conclude that the institutional valuation effect is consistent with institutions playing a positive governance role.
Through the Lens of International Criminal Law: Comprehending the African Context of Crimes at the International Criminal Court

This article examines how the African context of alleged crimes is presented and evaluated in trials at the International Criminal Court (ICC). It does this by examining the evidence of two expert witnesses, one called by the prosecution and the other by the judges, who testified during the first trial at the ICC of Thomas Lubanga Dyilo regarding the context of crimes in the Ituri region of the Democratic Republic of the Congo (DRC). What images of the Ituri conflict did the experts convey, what evidence did they provide in support of their claims and how was this evidence deployed and understood by the legal actors? In reviewing the cross-examination of experts, it becomes clear that the defense sought to accentuate the ethnic dimensions of the conflict in order to mount a necessity defense. In its quest for causal connections that allow it to assign guilt or innocence, the court was compelled to apprehend the crimes through a legal framework based upon documented and verifiable facts. Firsthand experience of Africa and more ethnographic and qualitative understandings were generally dismissed by the bench of international judges.
Product market and the size-wage differential

Using directed search to model the product market and the labor market, I show that large plants can pay higher wages to homogeneous workers and earn higher expected profit per worker than small plants, although plants are identical except size. A large plant charges a higher price for its product and compensates buyers with a higher service probability. To capture this sizerelated benefit, large plants try to become larger by recruiting at high wages. This size‐wage differential survives labor market competition because a high wage is harder to get than a low wage. Moreover, the size‐wage differential increases with the product demand when demand is initially low and falls when demand is already high.
Disquiet on the Home Front: Disturbing Crises in the Nation's Markets and Institutions

Crises are everywhere -- in the housing market, in the financial markets and in the courts. It is difficult to exaggerate how large these crises are. It began with housing, but the effects dominoed throughout the economy. Consumer wealth evaporated. Developers watched rents fall and financing costs rise. Businesses contracted or dissolved. Exports plunged. Indeed, the Director of National Intelligence recently declared that the greatest threat to our national security is economic instability. The main line of defense against recession -- the Federal Reserve -- seems to be at wits end. All the usual responses have been tried and have failed: the federal interest rate has been cut to nearly zero and billions of dollars in loans continue to be pumped into the economy. Even the drastic bailout plan, involving the appropriation of $700 billion to buy troubled assets or preferred stock in troubled banks, has not sparked the economy. While almost too much has been written, some recurring themes have emerged.
Waveguide-Coupled Rydberg Spectrum Analyzer from 0 to 20 GHz

We demonstrate an atomic rf receiver and spectrum analyzer based on thermal Rydberg atoms coupled to a planar microwave waveguide. We use an off-resonant rf heterodyne technique to achieve continuous operation for carrier frequencies ranging from dc to 20 GHz. The system achieves an intrinsic sensitivity of up to $\ensuremath{-}120(2)$, dc coupling, 4-MHz instantaneous bandwidth, and over 80 dB of linear dynamic range. By connecting through a low-noise preamplifier, we demonstrate high-performance spectrum analysis with peak sensitivity of better than $\ensuremath{-}145\phantom{\rule{0.2em}{0ex}}\mathrm{dBm/Hz}$. Attaching a standard rabbit-ears antenna, the spectrum analyzer detects weak ambient signals including FM radio, AM radio, WiFi, and bluetooth. We also demonstrate waveguide-readout of the thermal Rydberg ensemble by nondestructively probing waveguide-atom interactions. The system opens the door for small, room-temperature, ensemble-based Rydberg sensors that surpass the sensitivity, bandwidth, and precision limitations of standard rf sensors, receivers, and analyzers.
Mining Law Reform Redux, Once More

This article addresses efforts to reform the nation's basic hardrock mining law that applies to federal lands, the much vilified and antiquated Mining Law of 1872. It assesses recent efforts to reform the law and looks toward possible future action.
The Eleventh Amendment Cases: Going Too Far with Judicial Neofederalism

The role of the Supreme Court in protecting States has long split the Justices along predictable ideological lines. Conservatives are more likely to protect States from Congress or individuals than liberals. It is easy to assume that all the outcomes are equally problematic. However, some doctrinal areas are more troubling than others. This article defends contemporary Tenth Amendment doctrine, finds modern Commerce Clause doctrine to be likely to drift towards incoherence, and strongly criticizes the Eleventh Amendment line of cases for their constraints on individual rights and Congressional power.
The market sensitivity of retirement and defined contribution pensions: Evidence from the public sector

Abstract I provide evidence that defined contribution (DC) pensions make retirement more positively correlated with stock market returns as compared to defined benefits (DB) pensions. To identify the effect, I exploit the U.S. federal government's switch in 1984 from a DB pension system (CSRS) to a hybrid-DC pension system (FERS). I estimate that FERS exposes approximately 24% more pension wealth to the financial markets. Compared to untreated employees, employees treated with the hybrid-DC pension respond to a one standard deviation shock to quarterly market returns by adjusting their retirement date by approximately one month, approximately offsetting changes in DC pension wealth with labor income.
"Johns" in the Spotlight: Anti-prostitution Efforts and the Surveillance of Clients

This essay examines surveillant practices that subject sex trade clients (“clients”) to socio-legal control. In particular, I employ the concepts of the gaze, voyeurism, and exhibitionism to unpack the surveillant dynamics, and consider how power and pleasure are harnessed, produced, and thwarted in the increasing scrutiny of the sex trade’s demand side. I further examine my own research of the regulation of clients within this analytical framework. Following David Lyon’s insights on the scopophilic dimensions of surveillance (2006), I argue that the instrumental goals of surveillance are interconnected with a voyeurism that gratifies the pleasures of looking at, categorizing, defining and making sense of, clients. Yet, bearing in mind the multi-directionality of the gaze, I also analyze the controlled exhibition of sex work signifiers, as information is not just gathered, but also displayed and performed.
United States v. Lara as a Story of Native Agency

In this contribution to the University of Tulsa's symposium on United States v. Lara (2004), I tell the history of Lara as a story of unified agency by Indian peoples and suggest that it is part of a broader transformation in the relationship of Indian people to Indian law. In United States v. Lara, the Supreme Court affirmed congressional power under the constitution to recognize inherent criminal jurisdiction over non-member Indians, although the Supreme Court had declared there was no such jurisdiction as a matter of federal common law. That the jurisdiction was inherent is significant, because it means that successive prosecutions by tribes and the federal government do not run afoul of the Fifth Amendment prohibition on double jeopardy, and that tribes in exercising this jurisdiction are not otherwise bound by the U.S. Constitution. (They are, however, bound by the Indian Civil Rights Act, which imposes most of the Bill of Rights on Indian tribes.) While the decision represents a victory for tribal interests, it relied substantially on the plenary power doctrine, a doctrine which justifies broad congressional power regarding Indian affairs and which has been justifiably criticized for its roots in colonization of Indian people. In the essay, I show that despite the use of the doctrine, each step leading to the Lara decision, from the advocacy for the statute Lara upheld, to the form the statute took, to the way the case was presented to the Supreme Court, was importantly shaped and transformed by advocates from Indian country. I conclude by suggesting how this Indian action contributes to our understanding of the plenary power doctrine in Indian law.
Anti-Terrorist Finance in the United Kingdom and United States

This article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States — two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes — and accepts — the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts — flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This article recognizes that both states consider the fight against terrorism to be partly military but also a matter of bringing certain democratic principles to bear. Critics have been quick to condemn some of the measures for their encroachments into civil liberties. My goal is not to measure the success of the laws according to any particular ideology but rather, accepting the governments' democracy-promoting goals, and the role these play in generating domestic and international support, to clarify which components do not appear to serve the states' aims.This article won Stanford Law School's Carl Mason Franklin Prize for 2005-2006, for most distinguished written work in international law.
“Early” Transitional Justice in the Arab World: Lessons Learned

When tentative political liberalization began to occur in some parts of the Middle East after 2010, there was a significant body of transitional justice experience globally upon which to draw. Often overlooked has been the earlier transitional justice experience of other countries of the Middle East. This article critically examines the experiences of Iraq, Algeria and Morocco and outlines what other societies in the region should reasonably expect from transitional justice. Article can be found at https://www.mepc.org/journal/early-transitional-justice-arab-world-lessons-learned.
Parent-Child Information Frictions and Human Capital Investment: Evidence from a Field Experiment

This paper studies information frictions between parents and children and their effect on human capital investments. I provide biweekly information to a random sample of parents about their child’s...
Worker Cooperative Creation as Progressive Lawyering? Moving Beyond the One-Person, One-Vote Floor

Community Economic Development (CED) scholars posit that creating worker cooperatives, businesses owned and managed by their workers, is a progressive approach to CED that has the potential to go beyond job creation and spur grassroots political activism. Yet many workers’ rights organizations and workers’ rights advocates, especially those serving low-wage immigrant workers, struggle with how to connect worker cooperatives to broader efforts for change. This Article argues that forming a worker cooperative that acts as a change agent requires more than simply structuring the business as a worker cooperative. Cooperative corporation laws and cooperative principles set a floor — typically, one person, one vote — but that floor alone does not guarantee political activism or broader economic, political or social change; collective organization does not inherently lead to collective action. Worker cooperatives face challenges in connecting to broader movements and serving as more than job-creation vehicles. These challenges include the inherent tension between a co-op’s identity as a business and that of a values-oriented association of people, the limited scale of cooperatives, the resources required to start and maintain them and member priorities and retention. Creating worker co-ops as progressive institutions requires surmounting these challenges and actively prioritizing broader aims when incubating, recruiting for, structuring, governing and operating cooperatives.
Global Accountability and Sustainability: Research Prospects

International Accounting and globalisation processes have been closelyassociated with a trend toward economic deregulation and privatisation(see Johnson and Kaplan, 1987; Stace, 1997). Traditional accountinghas worked to harmonise different regulatory systems in an attempt toachieve compatibility between accounting systems so that users cantranslate different ﬁnancial results easily and effectively. This way con-sidering accounting and business, however, has come under the scrutinyof social and environmental accountants who are concerned that open-ended environmental and ﬁnancial laws will only increase the damagedone to the natural environment (Neu, et al., 1998; C. Lehman andOckabel, 2002). A useful research strategy is to consider whetherliberal-globalisation processes perpetuate a means-end culture of‘control’.For accounting researchers who are committed to the development ofaccountability in the public sphere it is useful to consider differentassumptions and possible roles for accounting to provide full disclosureof environmental and social impacts. This article argues that it is ben-eﬁcial to consider different perspectives as part of a democratic revisionof accounting to all levels in society. This would allow us to considerand evaluate the connections between these various structures and insti-tutions. This essays points toward an interpretive perspective to explorethe foundations on which the dominant social and environmentalaccounting discourses have been constructed in recent years. This explo-ration begins with a short overview of the assumptions on how inter-nationalisation of accounting processes can perpetuate a liberal climatewhich assumes that markets always work efﬁciently. This might lead tosituations where accounting does not adequately interpret or explorethe impacts of accounting on different communities.It is argued that that the sense of urgency associated with attainingglobal sustainability through social and environmental accountinglimits the applicability of the project itself. This is because accountants
Dynamic resource allocation with hidden volatility

Abstract We study a firm’s internal resource allocation using a dynamic principal-agent model with endogenous cash flow volatility. The principal supplies the agent with resources for productive use, but the agent has private control over both project volatility and resource intensity and may misallocate resources to obtain private benefits. The optimal contract can yield either overly risky or overly prudent project selection. It can be implemented with a constant pricing schedule (i.e., a static, decentralized, linear mechanism), giving the agent control over the resource quantities, project risk, and agent’s equity share. The implementation rationalizes the use of hurdle rates above a firm’s cost of capital and transfer prices above marginal cost, while showing that hurdle rates or transfer prices may not vary with the agent’s risk choice.
CARING FOR DECONSTRUCTION

In her 1997 book "Caring for Justice", Robin West issues a call for a "justice of care". In the same work, however, West attacks what she calls "postmodernism," largely because she views it as a threat to her "essentialist" positionthe idea that women share essential qualities with each other. However, neither West's call for the mitigation of general justice with particularized care nor her more general project of enriching the law's understanding of women's lives depends on this essentialism. West's refusal to attend to a wide variety of work lumped together as "postmodernism" undermines the strength of her case for a justice of care in at least two important ways. First, West has blinded herself to remarkably similar and important work done in the area of responsibility, ethics and politics by the late Jacques Derrida. Derrida's recent explorations of the tensions between the political necessity for general rules of law and ethical responsibility owed to the singular other both enrich the justice/care debate and highlight opportunities for further theoretical development. Attention to this work can only help West in thinking through the issues she has raised. Second, West's essentialism, premised on the notion that individuals share essential qualities by virtue of their gender, is itself inconsistent with her demand that justice respect each litigant in his or her particularity. Part II of this Article explores the surprisingly close parallels between Derrida's and West's views of justice. Although their notions of justice as asymmetrical relationships based in responsibility are strikingly similar, Derrida and West arrive at their ideas from quite different directions which suggest different practical possibilities and problems. Part III situates Derrida's writing on justice within the body of his work, in the process attempting to clear away some of the more troublesome misconceptions that have attached themselves to deconstruction in the US. Part IV critiques West's feminist essentialism and its incompatibility with her idea of caring justice. The article concludes by comparing the implications of Derrida's and West's ideas and suggest directions for further research.
Carl Schmitt and the Critique of Lawfare

“Lawfare” is the use of law as a weapon of war against a military adversary. Lawfare critics complain that self-proclaimed “humanitarians” are really engaged in the partisan and political abuse of law—lawfare. This paper turns the mirror on lawfare critics themselves, and argues that the critique of lawfare is no less abusive and political than the alleged lawfare it attacks. Radical lawfare critics view humanitarian law with suspicion, as nothing more than an instrument used by weak adversaries against strong military powers. Casting suspicion on humanitarian law by attacking the motives of humanitarian lawyers, they undermine disinterested argument, and ultimately undermine the validity of their own critique. The paper then explores the vision of politics and law underlying the lawfare critique through a reading of the most significant theorist who defends that vision, the German theorist Carl Schmitt. Through a reading and critique of Schmitt, the article examines both the force of the lawfare critique and its flaws.
Capital Structure Choices

We examine three pairs of cross-section regressions that test predictions of the tradeoff model, the pecking order model, and models that center on market conditions. The regressions examine (i) the split of new outside financing between share issues and debt, (ii) the split of new debt financing between short-term and long-term, and (iii) the split of new equity financing between share issues and retained earnings. The pecking order does well until the early 1980s, when the share issues that are its bane become common. The adjustment of leverage to target predicted by the tradeoff model and the response of equity financing to market valuations predicted by the market conditions model have statistically detectable but rather second-order effects on the split of new outside financing between share issues and debt. Targets for shortterm debt seem to influence the mix of short-term versus long-term debt choices of smaller firms, but this targeting effect is weak to non-existent for large firms. Sticky dividends plague the predictions of the pecking order and market conditions models about the split of equity financing between share issues and retained earnings.
Rosemond, Mens Rea, and the Elements of Complicity

The confluence of two widely invoked federal statutes – one governing accomplice liability, the other imposing a sentencing enhancement when firearms are involved in a violent or drug-trafficking crime – reached the Supreme Court this past Term in Rosemond v. United States. The Court’s analysis of the mens rea issues raised in that case starkly illustrates the confusion characterizing this area of complicity law, which has attracted surprisingly little attention from courts, legislators, or scholars. The lack of clarity is particularly acute for crimes like the weapons offense in Rosemond that can plausibly be interpreted to include a circumstance element. This Article attempts to fill the gap in the law and academic literature, analyzing the competing ways in which the elements of the crime in question in Rosemond can be classified. Moving beyond the confines of Rosemond, the Article proposes generally that the mens rea of purpose traditionally required for accomplice liability extend to every conduct element of a crime, as well as to circumstance elements if criminal law narrowly defines the concept of conduct as the defendant’s willed movements. If, however, the line between conduct and circumstance elements is drawn such that conduct is more broadly conceived, this Article would attach the same mens rea vis-a-vis attendant circumstances to both the principal and her accessories. This approach, the Article concludes, appropriately limits accomplice liability to those demonstrating sufficient culpability with respect to the gravamen of the crime and thus preserves the rationales underlying complicity law’s imposition of a relatively onerous mens rea burden on the prosecution.
Deploying Disclosure Laws to Eliminate Forced Labour: Supply chain transparency efforts of Brazil and the United States of America

States are increasingly addressing forced labour in supply chains by implementing transparency or disclosure measures that aim to make companies disclose the existence of forced labour in their supply chains. Examining the recent approaches of Brazil and the United States of America shows some promising practices to best inform governmental policy going forward.
The Preferential Option for the Poor: An Opportunity and a Challenge for Environmental Decision Making

The doctrine of 'the preferential option for the poor' has deep roots in Catholic social thought. It proposes that the needs of the poorest and most vulnerable be given priority when creating and evaluating public policies, actions, and attitudes. More recently, the obligation to care for natural environment in an ethical way has been gaining more attention both in the secular world as well as among Catholic scholars who seek to explore the scope of human responsibility for the created world. This paper explores the intersection of the preferential option for the poor and environmental ethics. After a general discussion of the preferential option for the poor, the paper traces six traditional Catholic principles of environmental ethics and explores the ways in which eachis inextricably intertwined with the preferential option.
Help or hinder? When recommendation signage expands consideration sets and heightens decision difficulty

Abstract This research examines whether recommendation signage helps or hinders the consumer when faced with choosing from large product assortments. In spite of frequent usage and retailer intuition suggesting that providing recommendation signs (e.g., “Best Seller,” “Award Winner”) should help consumers in the choice process, we propose that signs can hinder choice for consumers with more developed preferences by adding to the complexity and difficulty of the decision process. In three experiments using horizontally differentiated products in multiple categories, we provide evidence that recommendation signs create preference conflict for consumers with more developed preferences, leading these consumers to form larger consideration sets and ultimately experience more difficulty from the decision-making process. In addition, we show that these effects are mitigated for consumers with less developed preferences and when the choice is from a small assortment. The results suggest that recommendation signage may not be an effective tool for aiding choice from large assortments; instead signage can exacerbate the difficulties associated with having too many choices, with implications on purchase quantity.
Separation of Church and Hospital: Strategies to Protect Pro-Choice Physicians in Religiously Affiliated Hospitals

As Catholic and other religious health care systems and institutions take on a larger presence in the health care field, they have begun to exert enormous influence over the health care of those they serve. As hospitals throughout the country face growing financial difficulties, religiously affiliated institutions have increasingly turned to mergers with non-sectarian institutions as a remedy. Many of these now religiously-affiliated hospitals restrict the services they provide in accordance with religious beliefs and doctrine, including prohibiting all forms of contraceptive services and counseling, as well as medical and surgical abortions, sterilizations, and even emergency contraception to victims of rape. But patients’ rights are not the only ones at stake — the rights of thousands of hospital employees are affected as well. Hospitals that follow religious doctrine in treating their patients often also insist on adherence to the doctrine by all those who are employed there regardless of the employees’ personal beliefs or convictions. This article explores the problem faced by doctors and other health care professionals as their freedoms of speech, belief, and association are curtailed by the fear of job loss, demotion, or other adverse employment actions. The article then proposes a potential litigation strategy that may be used to combat the power of religious health care facilities to force their employees to conform to religious directives. The Church Amendment, a piece of legislation attached to the Health Programs Extension Act of 1973, contains a valid conditional spending provision that may be used to prohibit sectarian hospitals from restricting the pro-choice beliefs, words, and outside actions of the health care professionals they employ.
A Theory of Legal Strategy

By the conventional view, case outcomes are largely the product of courts’ application of law to facts. Even when courts do not generate outcomes in this manner, prevailing legal theory casts them as the arbiters of those outcomes. In a competing strategic view, lawyers and parties construct legal outcomes in what amounts to a contest of skill. Though the latter view better explains the process, no theory has yet been propounded as to how lawyers can replace judges as arbiters. This chapter propounds such a theory. It classifies legal strategies into three types: those that require willing acceptance by judges, those that constrain the actions of judges, and those that entirely deprive judges of control.
A Dynamic Approach to the Dividend Discount Model

We derive a dynamic model of the firm with endogenous investment and leverage ratio within the framework of the dividend discount model (DDM). Our valuation model incorporates two relevant components, namely, managerial flexibility and long-run growth. We dispense with any utility specification capturing the preferences of shareholders and obtain closed-form solutions for the firm problem. A standard parameterization suggests that the value of the real options and long-run growth opportunities can easily represent more than 8% and 10% of share price, respectively. We also find that these two components of the stock price are both complements and countercyclical. We finally identify industries where valuation models that do not incorporate these features can lead to considerable underpricing of securities.
Tax Expenditures in Michigan: A Comparison to Federal Findings

A substantial literature exists on federal tax expenditures, but almost no empirical research has been done on state tax expenditures. This article examines Michigan tax expenditures, with an emphasis on comparison to findings from the federal level. Three major topics are addressed: (1) allocation of resources by policy area, (2) distribution of tax expenditure benefits by income class, and (3) tax expenditure growth over time. Only the findings on resource allocation are consistent with findings from the federal level, suggesting that simple theories may be insufficient to systematically describe tax expenditures.
I Would, but I Need the Eggs: Why Neither Exit Nor Voice Substantially Limits Big City Corruption

When I told the Dean at my law school, the estimable Dan Polsby, that I was going to Chicago to deliver a lecture on political corruption, he said, “I lived there a long time, and, as the saying goes, that sounds like bringing coals to Newcastle.”1 This is certainly a common belief. The term “Chicago politician” has become national shorthand for a corrupt public official.2 New York, where I grew up, also figures in stories of political corruption in America, with Thomas Nast’s cartoons of the Tammany Tiger and Boss Tweed (and, much later, Martin Scorcese’s version of him in the movie Gangs of New York3) serving as warnings to all Americans about the sordidness of big city government.4 Some of this is hype. After all, there is corruption to be found in every area of the country and at all levels of government. And
Making Sense of the Sourcing and Shoring Maze: Various Outsourcing and Offshoring Alternatives

Many terminologies have grown out of the outsourcing and oflshoring bandwagorz. While the corporate world contin~ces to experience these phenomena, the academic world continues to research the same. An attempt has been made to give an overview of the various outsourcing and oflshoring alternatives. We first discuss the basic sourcing strategies (insourcing and outsourcing) and the shoring strategies (onslzoring and oflshoring). We then move deep and wide into the maze and unravel the tnultiple alternatirtes that businesses exercise in order to get the best deal for their information system (IS) needs. Approximately 50 terinirzologies that are rekated to this groxsing maze have been discussecl. The literature was scanned for vcariou~ sourcing alternati~les and terminologies. The prcrpose of this chapter is to conzpile and elucidate the vurious facets of domestic and global snurcitzg of IS needs. The reader will gain holistic perspective of a phenomenon that is continuously changirzg the wuj busirzess is carried out globatly.
Law School Culture and the Lost Art of Collaboration: Why Don't Law Professors Play Well with Others?

I have an Erdős number. Specifically, I have an Erdős number of 5. For the uninitiated, the concept of an “Erdős number” was created by mathematicians to describe how many “degrees of separation” an author of an article is from the great mathematician Paul Erdős. If you coauthored a paper with Erdős, you have an Erdős number of 1. If you coauthor a paper with someone with an Erdős number of 1, you have earned an Erdős number of 2. Coauthoring a paper with someone with an Erdős number of 2 gives you an Erdős number of 3, and so on.In 2010, I wrote an article on law and statistics in 2010 with my son, William Meyerson. He had previously written an article with Scott T. Chapman, who had written one with Lara K. Puwell, who in turn had coauthored a piece with Zsolt Tuza, who had actually written an article with Paul Erdős. Thus, William has an Erdős number of 4, which garners me an Erdős number of 5. I quickly discovered that I was not alone in feeling a sense of pride for having an “Erdős number.” But as I thought about the path one must follow to earn a coveted Erdős number, I began to understand that the mathematical community views collaborative work in a vastly different manner than the legal academy where I have spent my career. In mathematics, it is expected that one will coauthor numerous pieces throughout one’s career. In the law school culture, by contrast, coauthorship, while not unknown, is not a significant part of the academic tradition.This Article grew out of that insight. I wanted to explore whether my intuitive sense of these different attitudes towards collaboration was reflected empirically by a differing amount of coauthorship in the two fields, and, if so, what might be the reasons for such a difference. Finally, I wanted to explore whether there are lessons legal academics can learn from their counterparts in mathematics in terms of creating a culture that not only accepts but encourages coauthorship.The second Part of this Article discusses how mathematicians produced a culture of collaboration. I focus on the extraordinary career of Paul Erdős, and show how he helped create a social academic environment in which coauthorship is valued. The third Part explores the very different culture in legal academe. I begin the Part by exploring the disconnect between the individualistic culture of law schools and the collaborative culture of the legal community at large. I then discuss my study of legal coauthorship, which demonstrates that law professors collaborate at a rate much lower than their mathematical colleagues. Next, I explore the benefits that law professors and their students could gain from collaboration. The Article concludes with a consideration of some proposals to help turn the law school culture into one where collaboration and coauthorship are respected and encouraged.