cssi/SciSciGPT-SciSciNet huggingface dataset:
Reading, Writing, and Race: The Constitutionality of Educational Strategies Designed to Teach Racial Literacy.

The Supreme Court's presumption that race-conscious educational decisions violate the Equal Protection Clause is based on its premise that white students and nonwhite students are alike in their educational opportunities. The evidence to the contrary is overwhelming. This article first shows that race-conscious educational decision-making should satisfy even the Supreme Court's current, strict equal protection scrutiny. The Supreme Court has recognized that states have a compelling interest in encouraging their educational institutions to provide educational benefits to their citizens. This article demonstrates that a school district's use of student assignment to produce a meaningful number of diverse students within a school, or classroom, is narrowly tailored to achieve the compelling governmental interest in teaching racial literacy. This article proceeds to demonstrate that the Court's current template for analyzing race-conscious decisions by public school officials should be modified. That template is the product of judicial precedent detached from any authentic understanding of the principle of equality undergirding the Equal Protection Clause. An analysis tethered to an authentic principle of equality would begin by scrutinizing whether the state educational administrators are reasonable in their assessment of the practical educational differences in persons that justify differential educational treatment. Where teaching racial literacy depends on understanding the existence of at least some racial differences, a program that is conscious of those differences in meeting its goal of teaching about them cannot be inconsistent with an authentic understanding of equality.
The Expressive Impact of Patents

Patents represent a quid pro quo between the public and the inventor: in exchange for disclosing the invention, the inventor receives the right to exclude others from practicing her invention. They therefore serve as a source of technical information. Patents also communicate information to markets and companies that serve to reduce various transaction costs, allowing more efficient transactions and investment. Patents consequently communicate various types of information beyond the technical. There is no reason, however, that such messages must be limited to the technical or the pecuniary. This Article explores whether patents, like other governmental acts such as legislation, can create expressive harms. The grant of a patent could communicate a message of inferiority to groups whose identity is tied to their biology. The article analyzes this potential through the paradigm of granting patents on a “gay gene” or other biological process that predisposes a person toward a homosexual orientation. Other conditions implicated by my thesis are the deaf, dwarfs, and high-functioning autistics. These groups do not regard themselves as pathological or in need of “curing,” yet genetic discoveries offer the potential for their elimination through what is effectively privatized eugenics. The grant of a patent on such technologies affords the government’s imprimatur of such controversial technologies. The Article first reviews the scientific status of homosexuality. It then explores whether patents regarding sexual orientation could be a moral signal of inferiority by the government by suggesting that gays and lesbians are pathological. Finally, the Article offers various prescriptions to address this problem. ∗ Associate Professor of Law and Associate Director of the Program in Intellectual Property Law, Chicago-Kent College of Law. My thanks for helpful comments and sources to Graeme Dinwoodie, Rochelle Dreyfuss, Brett Frischman, Sarah Harding, Cynthia Ho, Namon Huddleston, Christopher Leslie, Janice Mueller, Arti Rai, Katherine Strandburg, and participants at workshops at the Chicago-Kent College of Law; the University of Cincinnati College of Law; the University of San Francisco School of Law; the University of Illinois at Chicago Forum for Research on Law, Politics, and the Humanities; Washington University School of Law in St. Louis; the DePaul College of Law; and the University of Houston Law Center. Able research assistance was provided by Veana Clay. This Article was funded in part by grant #DE-FG02-02ER63460, from the Office of Biological and Environmental Research, the Office of Science, U.S. Department of Energy (DOE), and The Robert Wood Johnson Foundation Investigator Awards in Health Policy Research Program, with Lori Andrews and Laurie Rosenow as co-investigators. Washington University Open Scholarship p573 Holbrook book pages.doc4/30/2007 574 WASHINGTON UNIVERSITY LAW REVIEW [VOL. 84:573
Scholarly Writings as a Source of Law: A Survey of the Use of Doctrine by the International Court of Justice

Article 38(1)(d) of the Statute of the International Court of Justice instructs the Court to apply, as a subsidiary means for the determination of rules of law, "the teachings of the most highly qualified publicists," namely, scholarly writings. Based upon a survey of more than 600 Judgments, Advisory Opinions and Orders, this paper describes the International Court of Justice’s use of these sources and analyzes the individual scholars and writings which have been most useful to the Court. It also explores the meaning of a ‘subsidiary source’ and the contexts in which judges are most willing to utilize such sources.
How Many Wrongs Make a Copyright

Derek Bambauer’s provocative paper starts with a normative proposition: the remedies available to people who suffer unconsented distribution of intimate images of themselves, often known as revenge porn, are insufficient. Bambauer is especially critical of the secondary liability regime for privacy torts. At (First Amendment-inflected) common law, it is hard to hold distributors liable for such harm, and Congress has made it impossible online by enacting § 230 of the Communications Decency Act, which provides total immunity to a service provider uninvolved in developing tortious content. Copyright’s remedies, Bambauer observes, are much broader. And the lack of ability to control distribution is a disincentive for at least some people to create intimate pictures, even though the creation of intimate pictures might otherwise have social utility. Because copyright is justified as a means of incentivizing creation, but mostly because its remedies are good ones, we should therefore call the harm done by unconsented distribution of intimate images “copyright harm.” Bambauer is not the first to notice that copyright’s remedies are far broader than those associated with other rights to control information. Some victims of unconsented distribution of intimate images have already turned to copyright claims—
Consensual sex without assuming the risk of carrying an unwanted fetus; another foundation for the right to an abortion.

Along with a long, distinguished line of commentators on the issue, all taking their cue from the seminal work of Judith Jarvis Thomson, I argue that we can defend a moral, and relatedly a constitutional, right to an abortion under many conditions, even if we take the fetus to be a person. My aim is to reformulate a Thomson-like argument to meet the objections of its critics. In Parts I and II, I start with the core of Thomson's argument, which many accept; namely, that a woman who is raped has done nothing to assume responsibility for the fetus and therefore should be allowed to abort it. I then argue that even if a woman engages in consensual heterosexual intercourse and accidentally becomes pregnant, there may be good reasons not to treat her as having assumed the risk of carrying an unwanted fetus. After arguing that a woman does not assume the risk of carriage simply in virtue of having consensual sex, I address the gap between not having assumed responsibility for the welfare of another and having the freedom to kill, or to hire someone else to kill, that other. This part of the paper presents a two-fold argument. In Part III, I criticize and reject a faulty strategy which argues that an unwanted fetus can be killed because of the position it is in, namely the self-defense strategy. I then articulate in Part IV a better strategy which appeals to what I call the detaching/killing model. Finally, in Part V, I return to assess the factors which determine when, if ever, it is appropriate to take a woman to have assumed the risk of carriage, resulting in a waiver of her right to an abortion. I conclude that the detaching/killing model combined with the reasons not to infer that a woman engaging in consensual sex has assumed the risk of carriage, provide a more generally acceptable foundation for the moral, and relatedly the legal, right to an abortion than is found in the simple insistence that a fetus is not a person.
Financial Globalization and Inequality: Capital Flows as a Two-Edged Sword

We review the debate on the association of financial globalization with inequality. We show that the within country distributional impact of capital account liberalization is context specific and that different types of flows have different distributional effects. Their overall impact depends on the composition of capital flows, their interaction, and on broader economic and institutional conditions. A comprehensive set of policies – macroeconomic, financial and labour- and product-market specific – is important for facilitating wider sharing of the benefits of financial globalization.
Advertising, consumer awareness, and choice: evidence from the U.S. banking industry

Does advertising serve to (i) increase awareness of a product, (ii) increase the likelihood that the product is considered carefully, or (iii) does it shift consumer utility conditional on having considered it? We utilize a detailed data set on consumers’ shopping behavior and choices over retail bank accounts to investigate advertising’s eect on product awareness, consideration, and choice. Our data set has information regarding the entire purchase funnel, i.e. we observe the set of retail banks that the consumers are aware of, which banks they considered, and which banks they chose to open accounts with. We formulate a structural model that accounts for each of the three stages of the shopping process: awareness, consideration, and choice. Advertising is allowed to aect each of these separate stages of decision-making. Our model also endogenizes the choice of consideration set by positing that consumers undertake costly search. Our results indicate that advertising in this market is primarily a shifter of awareness, as opposed to consideration or choice. Along with advertising, branch density, marital status, race and income are very signicant drivers of awareness. We also nd that consumers face nontrivial search/consideration costs that lead the average consumer to consider only 2.2 banks out of the 6.7 they are aware of. Conditional on consideration, branch density, the consumer’s current primary bank (i.e. inertia), interest rates and education are the primary drivers of the nal choice.
Beyond the Opinion: Supreme Court Justices and Extrajudicial Speech

This Article examines how and why Supreme Court Justices venture beyond their written opinions to speak more directly to the American people. Drawing on the history of the post-New Deal Court, I first provide a general framework for categorizing the kinds of contributions sitting Justices have sought to make to the public discourse when employing various modes of extrajudicial speech — lectures, interviews, books, articles, and the like. My goal here is twofold: to provide a historically grounded taxonomy of the primary motivations behind extrajudicial speech; and to refute commonplace claims of a lost historical tradition of Justices refraining from off-the-bench commentary about their work. I then turn to an analysis of the risks and opportunities for Justices who go beyond their written opinion. I argue that our understanding of the extrajudicial contributions of the Justices has too often been clouded by idealized, historically inaccurate assumptions about the Court and by exaggerated assessments of the potential costs of substantive, controversial extrajudicial speech for the Court’s legitimacy. Compared to the typical Supreme Court written opinion, extrajudicial speech allows for, even encourages, more personalized, more accessible, and potentially more effective pathways of communication with a general audience. By identifying the unique value of extrajudicial speech, I intend this Article to serve as an invitation for a more realistic and constructive discussion about the role of Supreme Court Justices in our constitutional democracy.
Accession Rules for International Institutions: A Legitimacy-Efficacy Trade-off?

Powerful states often accept unanimity voting on accession to international institutions, even though this enables weak states to blackmail powerful states into providing costly side payments. Whereas the literature attributes this choice mainly to efforts to bolster the legitimacy of international institutions, the authors demonstrate that the choice of unanimity also has a strategic component. The authors formally show that unanimous accession rules can profit powerful states by creating uncertainty as to the minimal level of reform that enables accession. If accession is valuable enough and the membership candidate is uncertain about the resolve of weak states, it plays safe by implementing ambitious reforms that improve the efficacy of the international institution. In this case, a legitimacy-efficacy trade-off does not exist: the unanimity rule enhances legitimacy while allowing powerful states to induce significant reforms by applicants to the benefit of current members.
Escape and entry mechanisms in the multilateral trade system

The distinguished international economist Horst Siebert, while discharging important responsibilities regarding German and European economic issues, has always maintained a refreshing global perspective. This pervades his recent book (1999). So, to honor this man, I shall try to address a global issue: the basic nature of the process of multilateral trade liberalization accomplished under the auspices of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO), probably the most successful deliberate exercise of economic policy in human history.
How Community Institutions Create Economic Advantage: Jewish Diamond Merchants in New York

This article argues that Jewish merchants have historically dominated the diamond industry because of their ability to reliably implement diamond credit sales. Success in the industry requires enforcing executory agreements that are beyond the reach of public courts, and Jewish diamond merchants enforce such contracts with a reputation mechanism supported by a dis tinctive set of industry, family, and community institutions. An industry arbitration system publicizes promises that are not kept. Intergenerational legacies induce merchants to deal honestly through their very last trans action, so that their children may inherit valuable livelihoods. And ultra-Orthodox Jews, for whom participation in their communities is paramount, provide important value-added services to the industry without posing the threat of theft and flight.
Mitigation of Climate Change Risks and Regulation by Insurance: A Feasible Proposal for China

Climate change is one of the most fundamental challenges of our time. The extraordinary growth of greenhouse gas (“GHG”) emissions in China represents the single greatest obstacle to global climate change efforts in the coming decades. Meanwhile, China suffers from the adverse consequences of climate change. It has been recognized that two factors may increase climate change risks: (a) the increase in GHG emissions, which will increase the frequency and intensity of climate hazards; and (b) the increase of value-at-risk, such as the increased concentration of the world’s population and property in vulnerable areas. Therefore, mitigation of climate change risk involves not only human intervention to reduce GHG emissions but also prevention of potential losses caused by climate hazards. Among many solutions to risk mitigation, insurance has received increased attention due to its expertise in risk management and regulatory function in influencing policyholders’ behavior. This Article examines the ability of two types of insurance—liability insurance and catastrophe insurance—to regulate and thus help mitigate climate change risks, and considers the potential lessons for China.
Did the Agreement on Safeguards Nullify their Use

The Agreement on Safeguards (ASG) clarified the obligation to apply measures in accordance with the most favored nation (MFN) principle. Because foreign supply shocks can be non-uniform, MFN can induce nullification and impairment (N&I) complaints at the World Trade Organization from (third party) foreign suppliers not benefitting from the shock. These suppliers’ exports are reduced by both the beneficial shock to other exporters and the safeguard (SG) action by the home country. Although the ASG made use of SG more attractive by delaying requests for retaliation for three years in the absence of compensation for N&I, this may have been negated by the MFN requirement. Thus, it becomes a plausible explanation for the proliferation of antidumping actions. For recent U.S. anti-dumping cases against multiple exporting countries, dumping margins differing by over an order of magnitude were common. This suggests that alternative use of SG with an MFN requirement would elicit third party N&I.
An Exegesis on Currency and Banking Crises

Abstract. This paper reviews the literature on currency and banking crises. Currency and banking crises are characterized according to some standards in the literature and their historical record summarized. The development of the literature from first through fourth-generation, or so-called ‘institutional’ models is reviewed. A digression on institutions is provided along with some sidebars on the development of the literature on institutions as it relates to economic growth. The empirical research on third-generation (or twin crises) models and on institutional models of currency and banking crises, which are so far scarce, is covered too. A summary of the main policy issues for dealing with financial crises is presented. The paper closes with an emphasis on institutions and a call for more research directed at institutions and their role in the financial system.
Corporate Governance and Backdating of Executive Stock Options

This paper investigates whether weak corporate governance is a contributing factor to the incidence of backdating executive stock option awards. Based on a sample of SP J33
Exclusivity and Control

We model competition between content distributors (platforms) for content providers, and show that whether or not content is exclusive or “multihomes” depends crucially on whether or not content providers maintain control over their own pricing to consumers: if content providers sell their content outright and relinquish control, they will tend to be exclusive; on the other hand, if content providers maintain control and only “affiliate” with platforms, then multihoming is sustainable in equilibrium. We show that the outcome under affiliation depends on the tradeoff between platform rent extraction (which increases in exclusivity) and content rent extraction (which increases in multihoming), and demonstrate that the propensity for exclusivity can be increasing, decreasing, or even nonmonotonic in content quality. Finally, if a content provider internalizes the effect of its own price on platform demand, we prove that a platform that already has exclusive access to content may prefer to relinquish control over content pricing to the content provider in order to reduce price competition at the platform level.
Rethinking Miranda: The Post-Arrest Right to Silence

Some scholars have recently observed that Miranda protections are under attack. At its core, Miranda requires law enforcement to inform a criminal suspect of her constitutional rights before custodial interrogation in order to protect her privilege against self-incrimination. But today, Miranda warnings inform individuals of only a small subset of their actual Fifth Amendment rights, partially due to ambiguity in the current doctrine. Perhaps no area of Fifth Amendment doctrine is more ambiguous than a suspect’s right to silence during post-arrest interrogation.This Comment explores the selective invocation of the right to silence during custodial interrogations. I define selective invocation as the ability of a suspect to exercise her right to silence on a question-to-question basis after an earlier waiver of Miranda rights. State and federal courts have split on the issue of whether a criminal suspect may selectively invoke the right to silence in this way. I argue, however, that a rule permitting criminal suspects to selectively invoke the right to silence accords with constitutional doctrine and public policy considerations. Further, I argue that suspects ought to bear the burden to explicitly invoke the right to silence during interrogation. Lastly, to avoid due process concerns arising from such burdens on suspects, I argue Miranda warnings should be expanded to bridge the current information asymmetry between law enforcement and citizenry. In total, I contend that these policy proposals would benefit law enforcement and comprehensively protect a criminal suspect’s Fifth Amendment rights.
Banning the Bing: Why Extreme Solitary Confinement Is Cruel and Far Too Usual Punishment

The United States engages in extreme practices of solitary confinement that maximize isolation and sensory deprivation of prisoners. The length is often indefinite and can stretch for weeks, months, years, or decades. Under these conditions, both healthy prisoners and those with preexisting mental-health issues often severely deteriorate both mentally and physically. New science and data provide increased insight into why and how human beings (and other social animals) deteriorate and suffer in such environments. The science establishes that meaningful social contacts and some level of opportunity for sensory enrichment are minimum human necessities. When those necessities are denied, the high risks of serious harm apply to all prisoners, no matter how seemingly resilient beforehand. Given these facts, this Article argues that solitary confinement, as commonly practiced in the United States, is cruel and unusual punishment—whether analyzed under current Supreme Court standards or an improved framework. Furthermore, recently released data on states implementing reforms shows that extreme solitary confinement tactics are counterproductive to numerous policy interests, including public safety, institutional safety, prisoner welfare, and cost efficiency. Both the scientific and the policy data suggest possible avenues for effective reform.
Thinking about technology: Applying a cognitive lens to technical change

Abstract We apply a cognitive lens to understanding technology trajectories across the life cycle by developing a co-evolutionary model of technological frames and technology. Applying that model to each stage of the technology life cycle, we identify conditions under which a cognitive lens might change the expected technological outcome predicted by purely economic or organizational models. We also show that interactions of producers, users and institutions shape the development of collective frames around the meaning of new technologies. We thus deepen our understanding of sources of variation in the era of ferment, conditions under which a dominant design may be achieved, the underlying architecture of the era of incremental change and the dynamics associated with discontinuities.
A Positive Theory of Moral Management, Social Pressure, and Corporate Social Performance

This paper provides a theory of firm behavior motivated by moral duty, self-interest, and social pressure. A morally managed and a self-interested firm compete in a market in which their corporate social performance (CSP) provides product differentiation. Some citizens have altruistic or warm glow preferences for products with associated CSP, personal giving to social causes, holding shares in firms providing CSP, and contributing to social pressure to increase CSP. Social pressure is delivered by an activist NGO funded by voluntary contributions by citizens. The model characterizes an equilibrium in the product market, the capital market, and the market for social pressure. The equilibrium establishes a price for CSP and for activist-induced social pressure. The theory provides predictions of the market values of firms, the prices of products, firm profits, target selection, contributions to the activist, and the amount of CSP supplied. For example, if citizens do not distinguish between morally motivated CSP and CSP induced by social pressure, the activist is more likely to target the softer, morally motivated firm. Higher quality activists are better funded, target self-interested firms, and obtain greater corporate social performance. Lower quality activists target morally managed firms.
A good man is hard to find: Marriage as an institution

This paper presents a model of marriage as an institution that changes the incentives of a mating game between men and women. Unlike other models of the family, decisions to invest in children are not contractible ex ante, but must be sub-game perfect given that intimacy and pregnancy are sequential. Marriage and divorce, which are publicly observable, create costs for exiting a match; informal relationships do not. Providing an institution which makes a match observable, marriage, improves incentives for men to invest costly unobservable effort in their children.
Does Gender Raise the Ethical Bar? Exploring the Punishment of Ethical Violations at Work

We investigate whether women are targets of more severe punishment than men following ethical violations at work. Using a large sample of working adults, Study 1 finds that ethical behavior is more...
Demographics, fiscal health, and school quality: shedding light on school closure decisions

In our current challenging budgetary environment, school closures remain a potentially attractive choice. With a large panel of Illinois schools from 1991 to 2005, I investigate which factors contribute to school closures. Among elementary schools, declining enrolments and rural locations coincide with closures. However, schools with higher perpupil spending are ceteris paribus less likely to close. Furthermore, better test scores also yield lower probabilities. High expenditures contribute to junior high closure, but the most significant predictors are the proportions of black and low income students. Administrators may claim that low enrolments and high spending motivate school closures, but in Illinois, that is not the whole story. [JEL: I22, I28, H75; keywords: education finance, education administration, school closures, tax policy]
Infrastructure and inequality

Abstract We develop a model in which public capital is both an engine of growth and a determinant of the distributions of wealth, income, and welfare. Government investment increases wealth inequality over time, regardless of its financing. The time path of income inequality is, however, highly sensitive to financing policies, and is often characterized by sharp intertemporal tradeoffs, with income inequality declining in the short run but increasing in the long run. Public investment generates a positive correlation between growth and income inequality along the transition path, but their short-run and long-run relationship depends critically on (i) how externalities impinge on allocation decisions, (ii) financing policies, and (iii) the time period of consideration. Finally, these policies also generate sharp trade-offs between average welfare and its distribution, with government investment improving average welfare, but also increasing its dispersion. Our results are obtained numerically but extensive sensitivity analysis confirms their robustness across key parameter values.
Regulatory Environment and Strategic Orientations in a Transitional Economy: A Study of Chinese Private Enterprise

This study examines characteristics of perceived political/regulatory environments and strategic orientations among Chinese private enterprises. Using a sample of fifty-three private entrepreneurs,...
How Do Look-Back Analyses and Evidence Specificity Affect Auditors' Planning Judgments?

During a look-back analysis, auditors review prior-period evidence to understand estimation inaccuracies and assess the reliability of management's estimation process. We find that evidence specifi...
Informed principal, moral hazard, and the value of a more informative technology

We analyze a principal-agent model with moral hazard in which the principal has private information about the technology. We characterize Perfect Bayesian Equilibria of the contracting game that possess the following properties: (i) a principal with a more informative technology ends up earning less profits than a principal with a less informative one does; (ii) compared to the complete information case, the actions implemented by the privately informed principal can be distorted; (iii) the agent can end up being better off when the principal has private information.
Rationality is decidable for nearly Euclidean Thurston maps

Nearly Euclidean Thurston (NET) maps are described by simple diagrams which admit a natural notion of size. Given a size bound C, there are finitely many diagrams of size at most C. Given a NET map F presented by a diagram of size at most C, the problem of determining whether F is equivalent to a rational function is, in theory, a finite computation. We give bounds for the size of this computation in terms of C and one other natural geometric quantity. This result partially explains the observed effectiveness of the computer program NETmap in deciding rationality.
The causes and consequences of securities class action litigation

Abstract We examine the impact of securities class action lawsuits on firms' investment and financing choices. Firms which overinvest are more likely to be sued. After a lawsuit, firms on average decrease overinvestment activity, and they decrease payouts while increasing leverage, cash holdings, and firm-specific risk. Additionally, we find some evidence that firms decrease diversification post-suit. Overall, these changes are consistent with a post-suit decrease in agency problems which lead to significant changes in real investment policies. The evidence is consistent with the notion that security class action lawsuits draw attention to agency problems which are then at least partly resolved.
Debt, agency and management contracts in REITs : the external advisor puzzle

This study investigates why externally advised real estate investment trusts (REITs) underperform their internally managed counterparts. Consistent with previous studies, we find that REITs managed by external advisors underperform internally managed ones by over 7 percent per year. Property-level cash-flow yields are similar between the two managerial forms, but corporate-level expenses and especially interest expenses are responsible for lower levels of cash available to shareholders in externally advised REITs. We document that the higher-interest expenses are due to both higher levels of debt and to higher debt yields for externally advised REITs. We posit that compensating managers based on either assets under management or on property-level cash flows creates incentives for managers to increase the asset base by issuing debt even if the interest costs are unfavorable.
Non-Constant Discounting in Continuous Time

This paper derives the dynamic programming equation (DPE) to a differentiable Markov Perfect equilibrium in a problem with non-constant discounting and general functional forms. Beginning with a discrete stage model and taking the limit as the length of the stage goes to 0 leads to the DPE corresponding to the continuous time problem. The note discusses the multiplicity of equilibria under non-constant discounting, calculates the bounds of the set of candidate steady states, and Pareto ranks the equilibria.
Suppression of phonon-mediated hot carrier relaxation in type-II InAs/AlAs$_{x}$Sb$_{1-x}$ quantum wells: a practical route to hot carrier solar cells

InAs/AlAs$_{x}$Sb$_{1-x}$ quantum wells are investigated for their potential as hot carrier solar cells. Continuous wave power and temperature dependent photoluminescence indicate a transition in the dominant hot carrier relaxation process from conventional phonon-mediated carrier relaxation below 90 K to a regime where inhibited radiative recombination dominates the hot carrier relaxation at elevated temperatures. At temperatures below 90 K photoluminescence measurements are consistent with type-I quantum wells that exhibit hole localization associated with alloy/interface fluctuations. At elevated temperatures hole delocalization reveals the true type-II band alignment; where it is observed that inhibited radiative recombination due to the spatial separation of the charge carriers dominates hot carrier relaxation. This decoupling of phonon-mediated relaxation results in robust hot carriers at higher temperatures even at lower excitation powers. These results indicate type-II quantum wells offer potential as practical hot carrier systems.
Advertising Self-Regulation: Private Government and Agent of Public Policy:

Advertising self-regulation as a form of private government is being recognized as a valid complement to government regulation in a growing number of countries. It is also being increasingly integr...
Collateral spread and financial development

We show that institutions that promote financial development ease borrowing constraints by lowering the collateral spread and shifting the composition of acceptable collateral towards firm-specific assets. Collateral spread is defined as the difference in collateralization rates between high- and low-risk borrowers. The average collateral spread is large but declines rapidly with improvements in financial development driven by stronger institutions. We also show that the composition of collateralizable assets shifts towards non-specific assets (e.g., land) with borrower risk. However, the shift is considerably smaller in developed financial markets, enabling risky borrowers to use a larger variety of assets as collateral.
Fourth Amendment Federalism and the Silencing of the American Poor

In a recent case, Virginia v. Moore, the United States Supreme Court held that it was irrelevant under the Fourth Amendment that police made in arrest contrary to a state statute prohibiting arrest for certain minor violations. In doing so, the Court declared that the Fourth Amendment may not vary from "place to place." This paper takes issue with that statement, both as being descriptively incorrect given contrary precedent and as being unwise constitutional policy. Specifically, the paper argues that poor, urban, racial minorities are ill-represented on matters of state criminal justice policy and lawmaking, though they receive better represetation of their views at the local level. To allow the state to bar arrests for minor offenses but to provide no remedy grants police discretion to violate the statute with impunity – violation most likely to be visited upon precisely the groups with the least political representation at the state level. That limited power, moreover, means that ordinary political mechanisms will not work to right this balance. Moreover, those groups most hurt by the state legislation are most likely to favor therapeutic over punitive approaches to crime. By disempowering these groups, the Court thus further amplifies excessively punitive punishment philosophies. To let the state recognize that its interest in arrest for minor offenses is too small to justify an arrest yet to ignore that conclusion in engaging in Fourth Amendment reasonableness balancing is thus to magnify existing criminal justice policy distortions and to undermine voice for those most affected by such distortions. The article ends with a response to seven likely objections to the argument.
The Trade Response to Global Downturns : Historical Evidence

The author examines the impact of historical global downturns on trade flows. The results provide insight into why trade has dropped so dramatically in the current crisis, what is likely to happen in the coming years, how global imbalances are affected, and which regions and industries suffer most heavily. The author finds that the elasticity of global trade volumes to real world GDP has increased gradually from around 2 in the 1960s to above 3 now. The author also finds that trade is more responsive to GDP during global downturns than in tranquil times. The results suggest that the overall drop in real trade this year is likely to exceed 15 percent. There is significant variation across industries, with food and beverages the least affected and crude materials and fuels the most affected. On the positive side, trade tends to rebound very rapidly when the outlook brightens. The author also finds evidence that global downturns often lead to persistent improvements in the ratio of the trade balance to GDP in borrower countries.
Assessing models of individual equity option prices

This article investigates option models in the encompassing class of stochastic volatility, return-jumps, and volatility-jumps. Relying on individual equity options on the 50 most active firms and maximum likelihood estimation method, we obtain several findings. First, while stochastic volatility is as important for individual equity options as it is for index options, return-jumps and volatility-jumps are also essential in pricing individual equity options. Second, the double-jump model improves pricing performance beyond return-jumps absent volatility-jumps, and beyond volatility-jumps absent return-jumps. Third, between return-jumps and volatility-jumps, the former is empirically more relevant than the latter for pricing options; and fourth, the inverse link between volatility-jumps and return-jumps is instrumental for explaining the valuation of deep out-of-money puts and the option dynamics of firms with high kurtosis.
Globular Clusters in Fornax: Does M 0 Depend on Environment?

We present the V-band globular cluster luminosity functions (GCLFs) of the Fornax Cluster galaxies NGC 1344, NGC 1380, NGC 1399, and NGC 1404. Our observations reach to V = 24.8, roughly 1 mag beyond the GCLF turnover m0V, with ~90% completeness. From the amplitude of the galaxy surface brightness fluctuations, we also estimate the number of globular clusters fainter than this cutoff magnitude. The GCLFs of these galaxies are well fitted by Gaussians; the weighted means of their turnover magnitudes and dispersions are m0V = 23.88 ± 0.10 mag and σ = 1.35 ± 0.07 mag. The assumption of a universal value for the absolute magnitude of the turnover M0V places the Fornax cluster 0.13 ± 0.11 mag more distant than Virgo. However, in light of recent Cepheid and other high-precision distance measurements, as well as ongoing HST observations of GCLFs for the purpose of determining the extragalactic distance scale, we choose to reexamine the universal GCLF hypothesis. Based on data from groups and clusters of galaxies, we find evidence that M0V becomes fainter as the local density of galaxies increases. We speculate on the possible cause of this trend; if it is confirmed, GCLF observations will be less useful for determining distances but may provide important information for constraining theories of star formation in primordial galaxy halos.
Introduction: Technology and New Challenges for Privacy

Within the scope of the past half-century, privacy has been heralded as a core constitutional value and unequivocally pronounced dead. Privacy — now replaced by liberty — was discerned to lie at the core of a set of constitutional protections and thus to support rights to contraception, abortion, removal of life-sustaining treatment, and other intimate decisions such as whom to marry. But constitutional privacy’s hegemony was short-lived in the United States at least: subject initially to criticism as conceptually confused, constitutional privacy dissolved into a panoply of values ranging from physical integrity to the contents of suitcases or telephone records. Outside of the law, the rise of the Internet, search engines, social networking, and “big data” brought unprecedented abilities to collect, mine, analyze, and identify information about individuals. Commentators identified what they called the “privacy paradox” of people professing to value privacy but behaving as though they did not.
Border Effects and the Gravity Equation: Consistent Methods for Estimation

The CES monopolistic competition model is an especially convenient way to derive the gravity equation, especially when we allow for transport costs and other trade barriers. In that case, we need to take account of the overall price indexes in each country. We review three methods to do so: using published data on price indexes; using the computational method of Anderson and van Wincoop (2001); or using country fixed effects to measure the price indexes. The latter two methods are compared on the dataset dealing with trade between and within Canada and the US. The fixed effects method produces consistent estimates of the average border effect across countries, and is simple to implement, so it might be considered to be the preferred estimation method. Copyright 2002 by Scottish Economic Society.
Use of Military Force in Syria by Turkey, NATO, and the United States

During an ongoing insurgency in Syria, Turkey has already used military force against Syrian military targets inside Syria. Was this use of force by Turkey permissible under international law? If NATO engages in similar military force or more extensive armed force as a regional organization, will NATO’s conduct be permissible under international law? U.S. military have been deployed to Jordan. If the United States engages in the use of force in Syria under certain future scenarios, will such conduct be permissible under international law? These and related questions are explored in the following essay.
The dynamic resource-based view: capability lifecycles

This article introduces the concept of the capability lifecycle (CLC), which articulates general patterns and paths in the evolution of organizational capabilities over time. The capability lifecycle provides a structure for a more comprehensive approach to dynamic resource-based theory. The analysis incorporates the founding, development, and maturity of capabilities in a manner that helps to explain the sources of heterogeneity in organizational capabilities. In addition, the analysis includes the ‘branching’ of an original capability into several possible altered forms. Copyright © 2003 John Wiley & Sons, Ltd.
Beyond the Four Corners of a Written Contract: A Global Challenge to U.S. Contract Law

U.S. contract law has developed on the basis of certain essential assumptions such as freedom of contract, autonomy and liberal individualism. A simplified summary of the basic assumptions underlying U.S. contract law is that rational and well informed parties will drive a hard bargain on their own behalf for their own best interests and the resulting agreement reflects the free will of the parties. Because of those basic assumptions, U.S. contract law primarily concerns itself with only protecting the resulting bargain reached by the parties. Relying on a set of well entrenched contract interpretation and construction principles, U.S. courts will generally refuse to look beyond the four corners of the written contract. Hence, in a U.S. court, a party is entitled to “enforce terms [of a written contract] to the letter.” U.S. contract law’s underlying assumptions reflect the core values of the Anglo-American traditions of the dominant western culture in the United States. They do not “travel well” across cultures with drastically different traditions. In this age of globalization, different cultures are interacting with each other economically and otherwise in unprecedented ways. The recent world financial market turmoil related to the subprime mortgage loan problems, which originated in the United States, is merely another reminder of how interdependent many countries have become. This article uses the Chinese culture as an example to demonstrate the need for U.S. contract law to adapt to a global environment. This paper describes the cultural differences that impact contracting behavior in the commercial business context in cross border transactions between the United States and China. It points out that interpreting written contracts through the colored lenses of U.S. contract law and enforcing those written contracts in total disregard of the parties’ cultural differences may be unfairly detrimental to a party from a drastically different culture.
A bottleneck capital model of development

Abstract A simple augmentation of the Ramsey–Cass–Koopmans growth model allows it to match observed transitions by initially poor economies. A high-convexity installation cost directly dampens investment demand for a first capital input. The resulting scarcity acts as a bottleneck, strongly dampening demand for investment in a complementary capital input as well. The match to observed transitions holds both for narrow and broad interpretations of capital. In either case, the bottleneck capital's share of factor income need not be large.
The SEC As a Lawmaker: Choices About Investor Protection in the Face of Uncertainty

The SEC is often praised or criticized for the law it makes. But relatively little scholarly effort has gone into trying to understand how or why it acts as it does. Indeed, critics of the SEC tend to adopt one of two fairly inconsistent behavioral theories: either that the Commission is readily captured by external political interests or that it behaves with a great deal of internal slack so that its decisions reflect judgmental biases and heuristics. On the other hand, those more inclined to support SEC rulemaking have not adequately explained how or why the Commission would likely make good law in the face of either external pressure or internal heuristics. My paper is an effort to stimulate a richer institutional understanding of the work of the SEC by looking more closely at both the external and internal accounts, and considering some possibilities for synthesis. The recent mutual fund corporate governance rulemaking is examined as a useful case study into how the Commission tries to balance costs and benefits in the face of considerable uncertainty.
Behind the clock: elucidating factors contributing to longer clinic appointment duration and patient wait time.

Longer wait time in ambulatory clinics can disrupt schedules and decrease satisfaction. We investigated factors associated with patient wait time (WT, check-in to examination room placement), approximate clinician time (ACT, completion of nurse assessment to check-out), and total appointment length (TAL, check-in to check-out). A single-institution retrospective study was conducted of breast surgery clinic patients, 2017–2019, using actual encounter times. A before/after analysis compared a five-day 8 hour/day (from a four-day 10 hour/day) advanced practice provider (APP) work-week. Non-parametric tests were used, and medians with interquartile ranges (IQRs) reported. 15,265 encounters were identified. Overall WT was 15.0 minutes (IQR:6.0–32.0), ACT 49.0 minutes (IQR:31.0–79.0) and TAL 84.0 minutes (IQR:57.0-124.0). Trainees were associated with 30.0 minutes longer ACT (p 5 minutes late (versus on-time) experienced shorter WT (11.0 vs. 15.0 minutes, p < 0.0001) and ACT (43.0 vs. 53.0 minutes, p < 0.0001). Busier days (higher encounter volume:APP ratios) demonstrated increased encounter times. After transitioning to a five-day APP work-week, ACT decreased. High-volume clinics and trainee involvement prolong ambulatory encounters. Increasing APP assistance, altering work schedules, and assigning follow-up appointments to non-trainees may decrease encounter time.