cssi/SciSciGPT-SciSciNet huggingface dataset:
Shadow Lawyering: Nonlawyer Practice Within Law Firms

Lawyers commonly associate with nonlawyers to assist in their performance of their lawyering tasks. A lawyer cannot know with confidence, though, whether the delegation of some tasks to a nonlawyer colleague might result in her assisting in the unauthorized practice of law, because the state of the law and the commentary about nonlawyer practice is so confused and incoherent. Some respected authority within the profession tells the lawyer that she may only delegate preparatory matters and must prohibit the nonlawyer from discussing legal matters with clients, or negotiating on behalf of clients. Other authority suggests that the lawyer may delegate a wide array of tasks as long as the lawyer supervises the work of the nonlawyer and accepts responsibility for it. A good faith lawyer reviewing the available commentary would find it difficult to achieve appropriate guidance for her work. This uncertainty affects not only lawyers working with paralegals and law clerks, but firms hiring out of state lateral associates and partners, and law school clinical programs engaged in transactional work. This Article articulates a framework for assessing delegation choices, a framework which is both coherent and sensible. The framework relies on insights about lawyering judgment and risk assessment, client informed consent, and unauthorized practice of law prophylaxis. Any delegation of work by a lawyer to a nonlawyer involves an exercise of the lawyer’s judgment about an appropriate balance of risk and efficiency, along with an eye toward the client’s informed choice about how to achieve the goals of the representation most efficiently. The prevailing unauthorized practice of law dogma prevents a client from seeking the most economical representation by only retaining a nonlawyer, but that dogma trusts lawyers to protect a client’s interests. With those considerations in place, this Article shows that the profession cannot, and in fact does not, deny the lawyer any categorical options in making delegation choices, except for those involving public court appearances. Aside from sending a nonlawyer to court, a lawyer may responsibly delegate any of her lawyering activities to a nonlawyer associate, subject to the prevailing conceptions of competent representation and subject to the lawyer’s retaining ultimate responsibility for the resulting work product and performance. Some commentary and some court opinions suggest a different answer to the questions addressed here, but those authorities do not withstand careful analysis. This Article shows that a more careful reading of the commentary and the court dicta supports the framework and the thesis offered here. Nonlawyers may not independently engage in activity which equates to the practice of law, if by “independently” we mean without supervision and oversight from a lawyer. That important and uncontroversial limitation, however, is the only categorical restriction on a lawyer’s discretion. A supervised Forthcoming, 85 Indiana Law Journal Do not cite or quote without permission
RICHARD NAGAREDA: IN MEMORIAM

In this tribute to the late Professor Richard Nagareda of Vanderbilt Law School, I discuss Professor Nagareda’s extraordinary accomplishments and the personal qualities that made him such a great mentor, role model, and family man.
Mutant Copyrights and Backdoor Patents: The Problem of Overlapping Intellectual Property Protection

The interactions between the three federal schemes of intellectual property protection - copyright, patent, and trademark - have often been overlooked. This article addresses some of the issues raised by the overlaps between these areas of law and concludes that the availability of more than one form of protection for certain creative or inventive works creates problems in many circumstances; that those problems have not been considered fully by policymakers or courts; and that overlapping protection interferes with the benefits meant to flow to the public. All three areas of federal intellectual property protection are commonly seen as regulatory schemes that have as their goal benefits to the public: copyright law encourages the creation and dissemination of expressive works; patent law provides an incentive for the invention and disclosure of new and useful products and machines; and trademark law is based on a consumer protection rationale. In the article, I trace the development and expansion of copyright, patent, and trademark rights, and show that these areas have begun to overlap in some cases. When certain items - software programs or animated characters, for example - receive the benefit of more than one form of protection, the public benefits are much less likely to accrue. Ultimately, the availability of overlapping protection disrupts each individual scheme of protection and makes it difficult, if not impossible, to determine whether the incentive structure created by Congress is effective.
Adopting Security Practices for Transport Logistics: Institutional Effects and Performance Drivers

The field of transport logistics security has garnered extensive attention by both academics and practitioners due to the adverse effects that security related breaches can have on the global supply chains. Organisational responses to such incidents vary; some companies are proactive while other companies are reactive. Many companies find it difficult to invest in transport logistics security because justifying investments on a pure financial basis may be untenable. Demonstrating the financial implications is cumbersome because estimating the probability that a security related incident of a specific magnitude will occur at a certain time and at a certain location is a rather intractable task. Drawing on the institutional theory and the recently developed competitive isomorphism argument, this manuscript proposes that five specific sources of pressure impel firms to adopt logistics security practices: government, customer, peer, norms, and performance. We develop a conceptual model describing the motivational forces behind the adoption of security practices in the context of transport logistics. In addition, we argue that the saliency of motivational forces varies by type of security practices and over the life-cycle of security practices. Theoretical and managerial implications are provided.
Vision-based real estate price estimation

Since the advent of online real estate database companies like Zillow, Trulia and Redfin, the problem of automatic estimation of market values for houses has received considerable attention. Several real estate websites provide such estimates using a proprietary formula. Although these estimates are often close to the actual sale prices, in some cases they are highly inaccurate. One of the key factors that affects the value of a house is its interior and exterior appearance, which is not considered in calculating automatic value estimates. In this paper, we evaluate the impact of visual characteristics of a house on its market value. Using deep convolutional neural networks on a large dataset of photos of home interiors and exteriors, we develop a method for estimating the luxury level of real estate photos. We also develop a novel framework for automated value assessment using the above photos in addition to home characteristics including size, offered price and number of bedrooms. Finally, by applying our proposed method for price estimation to a new dataset of real estate photos and metadata, we show that it outperforms Zillow's estimates.
Are All Lotteries Regressive? Evidence from the Powerball

The regressivity of lotteries has become an increasingly important issue in the U.S. as the number of state-run lotteries has increased. Despite this, we still know relatively little about the natu...
Accruals and price crashes

I investigate the relation between accruals and firm-level price crashes, representing extreme price decreases in weekly returns. I find that high accruals predict a higher price crash probability than low accruals. This finding can be explained by managers’ use of income-increasing accrual estimates to hoard bad news. Once accumulated bad news crosses a tipping point, it is released all at once and results in a price crash. Consistent with this explanation, I find the observed relation to be the strongest for operating assets (the least reliable accrual components). Cross-sectional analyses further support the bad news hoarding explanation.
Does Ease of Communication Increase Trade? Commonality of Language and Bilateral Trade

Gravity model explanations of trade volumes frequently include dummy variables to account for the commonality of language among trading partners. In this paper we use a data set for the number of people in a country who speak English as a first language or English as a second language (Crystal, 1997) as an indicator of the ease with which trade with the United States occurs. Controlling for commodity fixed effects we use SITC three digit industry data centred on 1995 United States bilateral trade with 33 countries to determine the effect of the degree of language commonality on bilateral trade. Both English as a first language and English as a second language are found to be less important for exports than for imports. This is true for all three digit industries as well as when the specific industry groups identified in Rauch (1999) are considered.
The Impact of Financial Literacy Education on Subsequent Financial Behavior.

This study examined the differential impact on 79 high school students of a personal financial management course completed 1 to 4 years earlier. This study used a matched sample design based on a school system’s records to identify students who had and had not taken a course in personal financial management. The findings indicated that those who took the course were no more financially literate than those who had not. In addition, those who took the course did not evaluate themselves to be more savings-oriented and did not appear to have better financial behavior than those who had not taken the course. The study raises serious questions about the longerterm effectiveness of high school financial literacy courses.
High-frequency returns, jumps and the mixture of normals hypothesis

Abstract Previous empirical studies find both evidence of jumps in asset prices and that returns standardized by ‘realized volatility’ are approximately standard normal. These findings appear to be contradictory. Using a sample of high-frequency returns for 20 heavily traded US stocks, we show how microstructure noise distorts the standard deviation and kurtosis of returns normalized using realized variance. When returns are standardized using a recently developed realized kernel estimator, the resulting series is clearly platykurtotic and the standard normal distribution is soundly rejected. Moreover, daily returns standardized using realized bipower variation, an estimator for integrated variance that is robust to the presence of jumps, are more consistent with the standard normal distribution. These results suggest that there is no empirical contradiction: jumps should be included in stock price models.
Prejudgment Interest in International Arbitration

Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we argue that prejudgment interest should be computed using the respondent's borrowing rate. Furthermore, we argue that tribunals should use a series of short-term, floating interest rates rather than a single long-term rate at the commencement of the dispute in order to provide the parties with the proper incentive to settle their dispute. We also discuss how the calculations are different when the parties are individuals and closely held corporations as opposed to corporations and governments, and we address complications that arise when a tribunal calculates damages in one currency and makes a final award in another currency.
A Female Style in Corporate Leadership? Evidence from Quotas

This paper studies the impact of gender quotas for corporate board seats on corporate decisions. We examine the introduction of Norway’s 2006 quota, comparing affected firms to other Nordic companies, public and private, that are unaffected by the rule. We find that affected firms undertake fewer workforce reductions than comparison firms, increasing relative labor costs and employment levels and reducing short-term profits. The effects are strongest among firms without female board members beforehand and are present even for boards with older and more experienced members afterward. The boards appear to be affecting corporate strategy in part by selecting like-minded executives. (JEL G34, J16, J78, M12, M51)
Relationship-Specific Investments and the Transfer Pricing Paradox

The revised Treasury Regulations interpreting Internal Revenue Code Section 482 allow the use of profit-based transfer pricing methods, as well as the older methods based on prices from comparable transactions between independent parties. This paper compares the effects of price-based and profit-based transfer pricing methods on the allocation of taxable income in a model in which organization structure affects the level of relationship-specific investments made by vertically integrated groups and comparable independent firms. Analysis of the model shows that the price-based methods systematically allocates more taxable income to foreign subsidiaries and less to domestic parents than does the profit-based method.
The Political Economy of Financial Regulation: Evidence from U.S. State Usury Laws in the 19th Century

Financial regulation was as hotly debated a political issue in the 19th century as it is today. We study the political economy of state usury laws in 19th century America. Exploiting the wide variation in regulation, enforcement, and economic conditions across states and time, we find that usury laws when binding reduce credit and economic activity, especially for smaller firms. We examine the motives of regulation and find that usury laws coincide with other economic and political policies favoring wealthy political incumbents, particularly when they have more voting power. The evidence suggests financial regulation is driven by private interests capturing rents from others rather than public interests protecting the underserved. WE EXAMINE THE MOTIVES and consequences of financial regulation to better understand the implications of regulation for financial development and economic growth. While the current global financial crisis has reinvigorated the debate on financial regulation’s effects and motives, there is a long history of financial regulation and development we can examine to shed light on these issues. Specifically, we study the political economy of financial regulation and its consequences through the lens of usury laws in 19th century America. Usury laws are arguably the oldest form of financial regulation—mentioned in both the Bible and the Koran and dating back to ancient Rome—having long been
Implicit Bias and the Pushback from the Left

Over the past three decades, the mind sciences have provided remarkable insights about how our brains process social categories. For example, scientists have discovered that implicit biases—in the form of stereotypes and attitudes that we are unaware of, do not consciously intend, and might reject upon conscious self-reflection—exist and have wide-ranging behavioral consequences. Such findings destabilize our self-serving self-conceptions as bias-free. Not surprisingly, there has been backlash from the political Right. This Article examines some aspects of the more surprising pushback from the Left. Part I briefly explains how new findings in the mind sciences, especially Implicit Social Cognition, are incorporated into the law, legal scholarship, and legal institutions, under the banner of “behavioral realism.” Part II describes the pushback from the Left. Part III responds by suggesting that our deepest understanding of social hierarchy and discrimination requires analysis at multiple layers of knowledge. Instead of trading off knowledge, for example, at the cognitive layer for the sociological layer (or vice versa), we should seek understanding at each layer, and then interpenetrate the entire stack.
James M. Buchanan and Me: Reminiscing about a 50–Year Association

This essay commemorates James M. Buchanan’s life and work by reflecting on my 50 years of association with him, starting in 1963 when I entered graduate school at the University of Virginia and ending with his death in 2013. This essay does not try to add to the substantial secondary literature that has arisen about Buchanan and his scholarly contributions. Objective contributions in that vein will doubtlessly continue; indeed, I have written some myself. Instead, this essay portrays Jim Buchanan through offering a personal reflection on some of my experiences with him over our half-century’s association. Jim Buchanan was a pivotal figure in my life, as in many ways I have tried to carry forward what I acquired from him through observation and interaction. I even thought I was carrying forward that acquisition when divergences arose between us, as they did increasingly as the years passed.
Unbundling of Ancillary Service: How Does Price Discrimination of Main Service Matter?

We consider a setting where the firm sells a main service (e.g., air travel) and an ancillary service (e.g., in-flight meal) to two types of consumers: high type (e.g., business travelers) and low type (e.g., leisure travelers). The firm decides whether to unbundle the ancillary service from the main service and charge separate prices for different service components. We study the interaction between the optimal ancillary unbundling strategy and the firm’s use of main service price discrimination by analyzing two types of firms: firms that use uniform pricing of main service and firms that use discriminatory pricing of main service. We find that a uniform-pricing (respectively, discriminatory-pricing) firm should unbundle the ancillary service if the fraction of high-type consumers who value the ancillary service is large (respectively, small) enough. The difference hinges on the rationale that under uniform pricing, unbundling allows the firm to extract more ancillary surplus from high-type consumers; by...
How Do Financial Constraints Relate to Financial Reporting Quality? Evidence from Seasoned Equity Offerings

This paper examines how constraints on firms’ financing capacity relate to managers’ discretionary accounting choices. Three hypotheses of earnings management – the opportunism hypothesis, the rational expectations hypothesis, and the signaling hypothesis – predict that constrained firms engage in greater upward earnings management than unconstrained firms when selling equity. Using a sample of seasoned equity offerings (SEOs) announced between 1983 and 2014, I find support for this prediction. The relation between financial constraints and earnings management is robust to including controls such as offer size, growth opportunities, analyst following, and chief executive officer equity holdings, as well as to using the instrumental variable approach. Investors’ reaction around and following the SEO announcement supports the rational expectations hypothesis. I find that aggressive earnings management by constrained issuers is associated with lower SEO announcement returns but is not followed by negative ab...
Risk Aversion and Allocation to Long-Term Bonds

Abstract As risk aversion approaches infinity, the portfolio of an investor with utility over consumption at time T is shown to converge to the portfolio consisting entirely of a bond maturing at time T . Previous work on bond allocation requires a specific model for equities, the term structure, and the investor's utility function. In contrast, the only substantive assumption required for the analysis in this paper is that markets are complete. The result, which holds regardless of the underlying investment opportunities and the utility function, formalizes the “preferred habitat” intuition of Modigliani and Sutch (Amer. Econom. Rev. 56 (1966) 178).
Just Say No: The Case Against the Reclassification of Buprenorphine

This Comment aims to examine the true extent of buprenorphine diversion and, thus, the public health impact that its reclassification as a Schedule II controlled substance would likely have. Part I details the increasing dependence on and abuse of opioids among vulnerable populations in the United States. Part II contextualizes this growing public health crisis, tracing the increased criminalization of narcotics by the federal government in the Twentieth Century. Narrowing this scope, Part III elaborates upon on the emergence of buprenorphine, its comparative advantage over methadone in the treatment of opioid dependence, and its treatment within the regulatory regime. In Part IV, the Comment concludes by assessing the scope of buprenorphine diversion, using a cost-benefit calculus to demonstrate that the detrimental impact of rescheduling on patients like George and society at large heavily outweighs its potential benefit.
Good Government Means Different Things in Different Countries

Work on good governance implies a one-best-way model of effective government. This has isomorphic influences on development, whereby governments are influenced to adopt a one-size-fits-all approach to get things done. This article challenges whether such an approach exists, proposing that models actually do not hold even for the so-called effective governments. Governments look different, even if they are similarly called models of good government. This proposition is examined through a study of public financial management practices in a set of Organisation for Economic Co-operation and Development (OECD) and non-OECD countries. The study shows that effective governments are not more likely to exhibit better practice characteristics implied in one-best-way models. Good public financial management means different things in different countries. The article concludes by suggesting that good governance models give way to menus and the development community invest more time in examining why different countries select different menu items.
Reliability‐Relevance Trade‐Offs and the Efficiency of Aggregation

This paper studies how an accountant's method of aggregating information in a financial report is affected by differences in the reliability and relevance of components of the report. We study a firm that hires an accountant to produce a report that reveals information to investors regarding the returns to the firm's past investments. In constructing the report, the accountant must combine information elicited from the firm's manager with other information directly observable to the accountant. The manager's information is assumed to be directly observable only by the manager and to be of superior quality to the other information available to the accountant. Reliability-relevance trade-offs arise because as the accountant places more weight on the manager's report, potentially more useful information gets included in the report, at the cost of encouraging the manager to distort his or her information to a greater extent. Capital market participants anticipate this behavior and price the firm accordingly. We show how the market's price response to the release of the firm's aggregate report, the efficiency of the firm's investment decisions, and the manager's incentives to manipulate the soft information under his or her control are all affected by—and affect—the aggregation procedure the accountant adopts. In addition, we identify a broad range of circumstances under which aggregated reports are strictly more efficient than disaggregated reports because aggregation tempers the manager's misreporting incentives. We also demonstrate that, as any given component of the aggregated accounting report becomes softer, the equilibrium level of the firm's investment diminishes and the market places greater weight on the remaining components of the report.
The Origin of the Appeal in America

The appeal has been treated by academics as a mere legal procedure, possessing no particular significance. Indeed, for many years, legal scholars accepted the influential arguments of Professors Julius Goebel and Roscoe Pound that the appearance of the appeal in early American courts arose either from confusion about English common law legal procedures or was the result of colonial adaptation of English justice-of-the-peace practices. Professor Bilder challenges this conventional explanation of the origin of the appeal by locating the early American colonists within a transatlantic Western European legal culture. Professor Bilder's Article draws on recent work in cultural history to propose the idea of a "culture of appeal" in early America. Exploring the larger set of meanings and practices surrounding the word "appeal," she argues that the culture of appeal developed from legal, religious, political, and literary ideas in England before the 1630s. In particular, Professor Bilder argues that the appeal arose outside of the common law. She demonstrates that the appeal carried with it a belief in the importance of equity and a debate about the location of supreme authority. The Article traces the culture of appeal as it journeyed into Massachusetts and Rhode Island in the 1640s and reveals that these meanings were accepted and embraced by the early colonists. Professor Bilder concludes that the presence of the appeal in American law represents something far greater than Goebel's or Pound's interpretation of it as a mere common law procedure; she suggests that the appeal signifies a deep cultural concern for a system of equitable justice.
Between Power and Principle: An Integrated Theory of International Law

Over 50,000 international treaties are in force today, covering nearly every aspect of international affairs and nearly every facet of state authority. And yet many observers continue to argue that international law--with its general absence of central enforcement and its typically voluntary character-is ineffective. This Article assesses and responds to this challenge. Building upon insights from both political science and legal scholarship, it offers a theory of state decisions regarding treaty law that accounts for the key ways in which such law shapes state behavior. This integrated theory of international law seeks to explain why countries would commit to treaties that potentially constrain their behavior and how treaties, once accepted, influence or fail to influence state behavior. I argue that commitment and compliance are reciprocal influences on each other. If compliance is very costly or carries few benefits, for instance, countries will be unlikely to join a treaty in the first place. As a result, states behave in ways that standard theories miss-failing to join treaties, for example, with which they could easily comply, or joining treaties that they have little inclination to obey. The theory emphasizes two central means by which treaties shape what countries do. The first is the enforcement of international treaties by transnational actors and by rule of law institutions within nations that join the treaty. In particular, domestic enforcement mechanisms are a crucial force pushing countries to comply with international treaties-and because they are, they are also a key influence upon countries' willingness to join such treaties in the first place. The second is the collateral consequences of treaty membership-that is, the anticipated consequences for, among other things, foreign aid and investment, trade, and domestic political support. Collateral consequences arise when domestic and transnational actors premise their actions toward a state on the state's decision to accept or reject international legal rules. As I demonstrate using both new empirical evidence and reanalysis of earlier studies, the relationship between treaties and state behavior hinges significantly on these two factors. The Article thus offers a vision of the potential and the limits of international law that integrates and moves beyond existing accounts.
How uncertainty about judicial nominees can distort the confirmation process

Why are judicial nominees allowed to refuse to answer questions about important issues that could come before the courts? We address this question by examining the information environment surrounding judicial nominations. Using the Supreme Court as our example, we formulate a model that departs from the existing literature by incorporating the fact that the Senate often does not know what type of candidate the President is trying to appoint. Our model shows when the President and Senate are ideologically divergent, low information about nominees’ views results in the Senate occasionally rejecting acceptable nominees. However, when the President and Senate are ideologically close, the President benefits from leaving the process opaque—that is, allowing his nominees to avoid answering tough questions. Thus, even though low information can be costly to both parties, keeping the process nontransparent shields the President from being penalized for selecting more like-minded (and possibly extreme) judges.
The "ILLEGAL" Tax

Almost fifty years ago in 1965, on the steps of the State Capital in Montgomery, Alabama, Dr. Martin Luther King, Jr., asked a crowd of twenty-five thousand "How long will prejudice blind the visions of men, darken their understanding, and drive bright-eyed wisdom from her sacred throne?" The crowd, celebrating the completion of the five-day, twenty-five mile march from Selma to Montgomery and their First Amendment rights encouraged Dr. King to "speak, speak." And he did answering his own question with poetry, faith, and optimism, "How long? Not long, because the arc of the moral universe is long, but it bends toward justice." Following the many lessons of Dr. King's passive resistance legacy, this essay debunks the myth that "illegals do not pay taxes" and demonstrates with facts, data, and law, that undocumented immigrants not only pay billions of dollars in taxes every year, but given their demographic profile are likely to pay taxes at a higher effective tax rate than similarly situated U.S. citizens and other authorized workers.
Institutions and Indirectness in Intellectual Property

Intellectual property rights are controversial because on first glance they present a disjunction between the purposes they serve and the mechanisms they employ. New Institutional Economics (NIE) suggests that for reasons of transaction costs, broadly conceived, institutions are imperfect and their imperfections may nonetheless be cost-effective. This Article draws on the NIE to present a theory of the similarities and differences between IP and regular property, and sharpens some empirical questions relating to the advisability of property-style IP protection. IP is characterized by two types of indirectness that need not both be present in regular property. In first-order indirectness, the resource to be measured is difficult to meter, leading to the use of rough proxies. Variation in outcomes along dimensions of the resource – for example, animals supported by grazing land – show high variance, i.e. risk. Second-order indirectness involves uncertainty or ambiguity about the return from a resource, in terms of how to employ it or even to carve it up – for example choosing crops or deciding between agricultural and residential subdivision. The greater the uncertainty, the more attractive, in terms of maximizing option value, it is to delegate decisions over these dimensions of resource activity to those close to the resource. Both types of indirectness point to advantages that in theory a modular structure of rights can provide: difficulty in measuring dimensions (first-order) or identifying the relevant dimensions (second-order) suggests that a given activity be placed within a module and control over local remodularization be given to private actors. Because information is nonrival, the benefits of modularity must be traded off against the benefits of exclusion costs. In both patent licensing and remedies, an NIE approach to property that does not emphasize information costs has difficulty explaining patent rights as opposed to other internalization and coordination devices. The Article applies the information-cost theory to IP licensing and patent remedies. Licensing implements a governance strategy that enriches the interface between IP rights in limited ways. Injunctive remedies dovetail with a modular structure of exclusion rights, and the traditional equitable approach to injunctions provides for targeted safety valves for problems relating to lack of notice and reasonable reliance by potential infringers.
Big Data and the Americans with Disabilities Act

While big data offers society many potential benefits, it also comes with serious risks. This Essay focuses on the concern that big data will lead to increased employment discrimination. It develops the novel argument that the Americans with Disabilities Act (ADA) should be amended in response to the big data phenomenon in order to protect individuals who are perceived as likely to develop physical or mental impairments in the future. Employers can obtain medical data about employees not only through the traditional means of medical examinations and inquiries, but also through the non-traditional mechanisms of social media, wellness programs, and data brokers. Information about workers’ habits, behaviors, or attributes that is derived from big data can be used to create profiles of undesirable employees. It can also be used to exclude healthy and qualified individuals whom employers regard as vulnerable to future medical problems. The ADA, which now protects only individuals with current or past disabilities and those who are perceived as having existing impairments, can no longer ignore the discrimination threats posed by predictive health data. The Essay analyzes these risks and propose a detailed statutory response to
Where are Ecology and Biodiversity in Social–Ecological Systems Research? A Review of Research Methods and Applied Recommendations

Understanding social–ecological systems (SES) is critical for effective sustainability and biodiversity conservation initiatives. We systematically reviewed SES research to examine whether and how it integrates ecological and social domains and generates decision-relevant recommendations. We aim to inform SES research methods and improve the relevance of SES research. Of 120 SES articles, two-thirds included an ecological variable while all but one included a social variable. Biodiversity was a less common ecological variable than resource productivity, land cover, and abiotic measures. We found six diverse social–ecological linking methods: modeling (9%), causal loop diagrams (18%), quantitative correlations (8%), separate quantitative measures (13%), indicators (14%), and rich description (37%). Policy recommendations addressing social–ecological dynamics were more likely in articles including both ecological and social variables, suggesting the importance of research approach for policy and practice application. Further integration of ecology and biodiversity is needed to support governance, policy, and management for SES sustainability.
GL vs. BT: The Archaeology of Biphobia and Transphobia Within the U.S. Gay and Lesbian Community

Abstract Heterosexism against bisexuals and transgenders exists not only in the straight community, but in the gay and lesbian community as well. Are “biphobia” and “transphobia” examples of “phobias”—irrational fears? No, such heterosexist attitudes are all too rational, mirroring social tensions, which only appear to be an ahistorical psychological phenomenon. Rather, as the GLBT community developed, power relations arose which resulted in the four different groups (G/L/B/T), assigning them different social locations. Prejudice in gay and lesbian communities against bisexuals and transgenders is heterosexism because it is, among other things, an accommodationist attempt to disavow these more “radical” forms of sexuality.
Equation of state effects in black hole-neutron star mergers

The merger dynamics of a black hole?neutron star (BHNS) binary is influenced by the neutron star equation of state (EoS) through the latter's effect on the neutron star's radius and on the character of the mass transfer onto the black hole. We study these effects by simulating a number of BHNS binaries in full general relativity using a mixed pseudospectral/finite difference code. We consider several models of the neutron star matter EoS, including ? = 2 and ? = 2.75 polytropes and the nuclear-theory-based Shen EoS. For models using the Shen EoS, we consider two limits for the evolution of the composition: source-free advection and instantaneous ?-equilibrium. To focus on EoS effects, we fix the mass ratio to 3:1 and the initial aligned black hole spin to a/m = 0.5 for all models. We confirm earlier studies which found that more compact stars create a stronger gravitational wave signal but a smaller postmerger accretion disk. We also vary the EoS while holding the compaction fixed. All mergers are qualitatively similar, but we find signatures of the EoS in the waveform and in the tail and disk structures.
Advising Noncitizen Defendants on the Immigration Consequences of Criminal Convictions: The Ethical Answer for the Criminal Defense Lawyer, the Court, and the Sixth Amendment

“The law and its institutions change as social conditions change. They must change if they are to preserve, much less advance, the political and social values from which they derive their purposes and their life. This is true of the most important of legal institutions, the profession of law. The profession, too, must change when conditions change in order to preserve and advance the social values that are its reasons for being.” – Cheatham
Demand Offsets: Water Neutral Development in California

IV. PRACTICAL AND POLICY ISSUES, CHALLENGES AND OPPORTUNITIES FOR CALIFORNIA WATER NEUTRAL PROGRAMS 135 A. Retrofit Saturation 135 B. Ensuring Wet Water: Mandatory Conservation Requirements 137 C. Ensuring Wet Water: Enforcement 142 D. The “Problem” of Demand Hardening 147 E. Cost (Developers, Homeowners, Communities) 148 F. Emergency Drought Measure or Sustainability Tool 151
An axiomatization of the human development index

In 2010 the UNDP unveiled a new methodology for the calculation of the Human Development Index (HDI). In this paper I investigate the normative and practical properties of this change vis a vis the original formulation of the HDI in 1990. The main conceptual innovation of the new index can be summarized as follows: the new HDI penalizes both low and uneven achievements across all dimensions of human development, whereas the old formulation is not sensitive to such uneven development. In practice, however, both methodologies agree considerably in terms of how they rank countries, but when they differ, the new methodology produces results more consistent with what the HDI is intended to measure: human development and capabilities, as conceptualized by Sen (Commodities and capabilities. Elsevier, Oxford 1985).
Wedded to the Joint Return: Culture and the Persistence of the Marital Unit in the American Income Tax

The United States, unlike most developed countries, continues to use the marital couple as the taxable unit for its income tax. This continued use of the marital unit— like its original establishment —rests on cultural preferences. This Article suggests that the roles of marriage, religion and taxation in America are essential factors in America’s retention of the marital unit. Part I examines the distinctive contribution marriage — especially the traditional single-earner breadwinner marriage — makes to the political life of the country. Part II explores the similar role of religion. Part III describes some congressional efforts over the past two decades to aid, ostensibly, married couples through the income tax. Part IV concludes that although these actions have not been the most effective or efficient means of helping married couples, they nevertheless serve an important expressive purpose. Tax has been the arena for many political issues since the founding of the nation. Consequently, congressional actions and rhetoric regarding the income tax’s "marriage penalty" reinforce the marital unit/joint return and reaffirm — even if only symbolically — a national commitment to marriage as instrumental to American democracy.
Uncertainty and Valuations: A Comment

Cremers and Yan (2016) aim to provide â€œan additional litmus test for the uncertainty-convexity argument in PAistor and Veronesi (2003).â€ We challenge this view, as well as the authorsâ€™ related thoughts on the technology â€œbubbleâ€ of the late 1990s. Nonetheless, we agree with Cremers and Yan that our profession needs to think harder about the measurement of parameter uncertainty.
A theory of joint asset ownership

I offer a theory of joint ownership by extending the standard property right theory of the firm to situations where parties can endogenously choose the degree of specificity of their investments (i.e., both the type of investment--specific and general--and the level of each). When specific and general investments are complements, the standard GHM results are obtained and joint ownership is suboptimal. When specific and general investments are substitutes, joint ownership is optimal as long as trade takes place within the relationship. Joint ownership provides stronger incentives to make specific investments than any other forms of ownership by discouraging general investments. Copyright 2003 by the RAND Corporation.
Coupled contagion dynamics of fear and disease: mathematical and computational explorations.

Background: In classical mathematical epidemiology, individuals do not adapt their contact behavior during epidemics. They do not endogenously engage, for example, in social distancing based on fear. Yet, adaptive behavior is welldocumented in true epidemics. We explore the effect of including such behavior in models of epidemic dynamics. Methodology/Principal Findings: Using both nonlinear dynamical systems and agent-based computation, we model two interacting contagion processes: one of disease and one of fear of the disease. Individuals can ‘‘contract’’ fear through contact with individuals who are infected with the disease (the sick), infected with fear only (the scared), and infected with both fear and disease (the sick and scared). Scared individuals–whether sick or not–may remove themselves from circulation with some probability, which affects the contact dynamic, and thus the disease epidemic proper. If we allow individuals to recover from fear and return to circulation, the coupled dynamics become quite rich, and can include multiple waves of infection. We also study flight as a behavioral response. Conclusions/Significance: In a spatially extended setting, even relatively small levels of fear-inspired flight can have a dramatic impact on spatio-temporal epidemic dynamics. Self-isolation and spatial flight are only two of many possible actions that fear-infected individuals may take. Our main point is that behavioral adaptation of some sort must be considered.
The American Jury System: A Synthetic Overview

This essay, originally written for a Swiss volume, and revised with added material for publication in the Chicago Kent Law Review, is intended to provide in brief compass a review of much that is known about the American jury system, including the jury's historical origins, its political role, controversies over its role and structure, its performance, both absolutely and in comparison to judges and mixed tribunals, and proposals for improving the jury system. The essay is informed throughout by 50 years of research on the jury system, beginning with the 1965 publication of Kalven and Zeisel's seminal book, The American Jury. The political importance of the jury is seen to lie more in the jury's status as a one shot decision maker largely independent of trial court bureaucracies than in its ability to nullify the law. Despite flaws in the jury process and room for improvement, the message that emerges from the literature is that juries take their job seriously and for the most part perform well. There is little reason to believe that replacing jury trials with bench trials or mixed tribunals would improve the quality of American justice, and some reason to think it might harm it.
NEW VENTURE ATTEMPTS TO INFLUENCE STATE INSTITUTIONS: EFFECTS ON INNOVATION

Despite recognition of the importance of facilitative environments to promote new ventures and the corresponding efforts of many governments to provide the necessary infrastructure to fuel growth in entrepreneurship, our understanding of the relationship between the new venture and the state is surprisingly uninformed. To fill gaps in our knowledge of firm-state relationships, we focus on an interesting issue: new venture behaviors to influence state institutions. We pose questions that are related to three distinct issues a) the existence of captor firms and state capture in new ventures, b) the impact of state capture on new venture innovation and c) whether country level characteristics have an impact on the effect of corruption new venture innovation in 26 transition economies. Results indicate the presence of captor firms in new ventures in transition economies. We also find support for the impact of state influencing behaviors on the innovation of new ventures in transition economies, as well as the impact of country characteristics.
Restoring the Lost Constitution, Not the Constitution in Exile

Let me begin by saying a few words about the so-called “Constitution in exile.” I have been very vocal in denying the existence of a “Constitution in exile movement” ever since this meme reared its head in The New York Times. Libertarians and conservatives do not talk about a “Constitution in exile.” Indeed, nobody did until Cass Sunstein and Jeffrey Rosen published their “exposes” of this alleged movement,1 the name for which they appropriated from a passing reference in a speech by Doug Ginsburg.2 But, given that the title of my book is Restoring the Lost Constitution,3 it is fair to ask, what difference there is, if any, between restoring a “Constitution in exile” and restoring a “lost Constitution”? Of course, depending on how these labels are defined, there does not have to be any difference. My objection to Sunstein and Rosen’s reference to a Constitution in exile movement is to their claim that there is a desire to return to a set of pre-1937 results and to restore constitutional law or doctrine as it existed at some point before 1937, or 1941 (they vary on which point they identify). The lost Constitution that I discuss in my book is not, however, about restoring a particular set of preexisting results or body of constitutional law doctrines from before 1937. Some of these results and doctrines I like, others I dislike. I also much prefer some post-1937 results and doctrines. What Restoring the Lost Constitution is really about is restoring various “lost clauses” that have gradually been removed from the Constitution by misinterpretation over a very long period of time. The Constitution we have now is redacted. Any practicing lawyer will tell you that you cannot go into court and argue the Ninth Amendment. You cannot go into court and argue the Privileges or Immunities Clause.