cssi/SciSciGPT-SciSciNet huggingface dataset:
The Secondary Effects of Environmental Justice Litigation: The Case of West Dallas Coalition for Environmental Justice v. EPA

Environmental justice organizations across the country are pursuing redress for disproportionate exposure to environmental harm. While most of the litigation pursued in the name of environmental justice has not resulted in legal remedies, the secondary effects of these legal efforts have not been given sufficient attention. A cross-sectional approach, which holds the context in which organizations pursue litigation constant while scrutinizing whether legal remedies have been achieved, is quite common in the environmental justice litera* Ph.D. Candidate, Massachusetts Institute of Technology, Department of Urban Studies and Planning; Presidential Graduate Fellow, MIT. ** Ford Professor of Urban and Environmental Planning, Massachusetts Institute of Technology; Director, Public Disputes Program, Harvard Law School. The authors would like to thank Paul Pierson, who kindly reviewed an earlier draft of this article, and Silvia S. Wang for assistance with the manuscript. The authors are indebted to the residents of West Dallas, whose thoughts and struggles will not be forgotten. It is hoped that this Article will draw further attention to the work that remains to be done to improve the health, safety, and welfare of the residents of West Dallas. The views expressed herein are our personal views and unless indicated should not be attributed to the West Dallas Coalition for Environmental Justice. 432 Virginia Environmental Law Journal [Vol. 20:431 ture. Such an approach ignores the unique characteristics of community organizations that influence their ability to adapt to complex decision-making environments. These characteristics, which include membership, problem definition, and resource constraints, shape the long-run strategies pursued by organizations and not their immediate success or failure in court. The case of West Dallas Coalition for Environmental Justice v. EPA illustrates an "increasing returns process," whereby the Coalition persisted in relying on a legal strategy that was perceived as sub-optimal from the standpoint of its members and local residents.
A survey of Illinois Code of Civil Procedure Section 2-619(a).

The paper examines the requirements of each section of Illinois Code of Civil Procedure Section 2-619(a) in greater depth by examining appellate and Illinois Supreme Court rulings in cases brought under each section of 2-619(a). It also analyzes the standards of review appellate courts apply under each section of 2619(a). Finally, because 619(a) motions require affidavits in support of the motion, it is also necessary to consider the nature and sufficiency of affidavits.
Media Censorship and Access to Terrorism Trials: A Social Architecture Analysis

This article contends that using the social architecture metaphor - which focuses on how the law creates and distributes power between groups - is particularly well suited to understanding the importance of access to the trials of terrorist suspects. Specifically, the article argues it is important that the "architecture of power" created by the U.S. Supreme Court in cases that have provided for a First Amendment right of access to criminal trials not be replaced with an architecture that more closely resembles cases that have dealt with access to national security information and locations. In these cases, rather than decide cases by focusing on the societal benefits of open government, courts have typically focused on the individual facts of each case without an eye toward the larger social architecture the decisions create. This article posits that an architecture of presumptive access that still allows for a case-by-case closure - as opposed to an architecture of presumptive secrecy with case-by-case disclosure - is consistent with the original architecture of the Constitution and First Amendment and advances trust in the government as it fights terrorism.
Implementing Performance Measurement Innovations: Evidence From Government

Abstract Using data from a government-wide survey administered by the US General Accounting Office, we examine some of the factors influencing the development, use, and perceived benefits of results-oriented performance measures in government activities. We find that organizational factors such as top management commitment to the use of performance information, decision-making authority, and training in performance measurement techniques have a significant positive influence on measurement system development and use. We also find that technical issues, such as information system problems and difficulties selecting and interpreting appropriate performance metrics in hard-to-measure activities, play an important role in system implementation and use. The extent of performance measurement and accountability are positively associated with greater use of performance information for various purposes. However, we find relatively little evidence that the perceived benefits from recent mandated performance measurement initiatives in the US government increase with greater measurement and accountability. Finally, we provide exploratory evidence that some of the technical and organizational factors interact to influence measurement system implementation and outcomes, often in a complex manner.
Intellectual Property and the Politics of Emerging Technology: Inventors, Citizens, and Powers to Shape the Future

This article argues that there is a mismatch between traditional intellectual property doctrine and the politics of intellectual property today. To examine the nature of this mismatch, I contrast two frameworks that both appear in contemporary debate about intellectual property: the traditional discourse, which focuses on innovation, and a newer, less clearly codified discourse that views intellectual property issues from the perspective of the politics of technology. This latter discourse focuses on the challenge of democratic governance in a world where emerging technologies have assumed a central role in constituting the future, raising far-reaching questions about how they should be fitted into social orders. The innovation discourse remains dominant in public debate, but recognizing the specific features of the politics-of-technology perspective -- and presenting its distinctive vision of what is at stake in intellectual property -- clarifies the struggles now in play. The politics-of-technology perspective rejects the traditional definition of the boundaries of intellectual property policy; first, because this perspective questions the empirical validity of a bright line distinction between creating technologies and making social choices about them; second, because it sees the traditional cartography as tending to constitute members of the public as "consumers" of prepackaged technologies rather than as "citizens" engaged in shaping them; and third, because it has a normative commitment to enabling citizens to exercise voice and choice about emerging technology before irrevocable commitments in specific directions are made. In contrast to traditional innovation discourse, the politics-of-technology perspective considers patent policy from a point of view that focuses on questions of democratic governance and political legitimacy.
12 Angry Men Is Not an Archetype: Reflections on the Jury in Contemporary Popular Culture

Fifty years after its initial release, 12 Angry Men (1957) remains an important cinematic and political work. But alas, 12 Angry Men is fundamentally atypical as a pop cultural portrayal of the jury. In the standard portrayal individual jurors do not come alive as characters. They are seen in the courtroom rather than in the deliberation room. And, most importantly, the jury does not emerge as a symbol for the larger democratic process and concomitant rule of law. Assuming that popular culture indirectly indicates the public's attitudes and expectations, the flat, uninspiring portrayal of juries in contemporary American popular culture may indicate the public's abandonment of the idea that juries are important manifestations of popular sovereignty.
The Costs and Beliefs Implied by Direct Stock Ownership

This paper develops and estimates an economic model of the costs and beliefs required to rationalize household direct stock ownership. In the model, investors believe they can learn information about individual stock returns through costly research. The model identifies the distributions of both research costs and beliefs about the predictability of individual stock returns. Identification depends only on households’ wealth and portfolio choices. The model also provides a novel explanation for many empirical features of household portfolios. Parameter estimates suggest that most households have modest beliefs about the benefits of individual stock research, although a minority must expect extraordinary returns. Data are available at https://doi.org/10.1287/mnsc.2017.2791. This paper was accepted by Neng Wang, finance.
The Social and Legal Construction of Repressed Memory

Richard A. Leo is an assistant professor of Criminology, Law, and Society at the University of California, Irvine. I am grateful to Jennifer Owen and Christine Washburn for research assistance. I thank Howard Erlanger, Reid Hastie, Horst Helle, David T. Johnson, Suzanne P. Johnson, Kevin Reitz, and Adam Seligman for helpful comments, advice and suggestions. This review essay was drafted in the summer of 1995 and revised in the early summer of 1996. In the late summer of 1996, I began collaborating with one of the authors under review on an unrelated research project studying the causes and consequences of police-induced false confessions. This recent collaboration has not affected any of the conclusions in the following essay.
The Vast Injustice Perpetuated by State and Local Tax Policy

“What do you mean, less than nothing?” . . . “I don’t think there is any such thing as less than nothing. Nothing is absolutely the limit of nothingness. It’s the lowest you can go. It’s the end of the line. How can something be less than nothing? If there were something that was less than nothing, then nothing would not be nothing, it would be something—even though it’s just a very little bit of something. But if nothing is nothing, then nothing has nothing that is less than it is.”
A Reconsideration of the Uncovered Interest Parity Relationship

Abstract This paper argues that the uncovered interest parity (UIP) relationship is distinct from, and more important than, the unbiasedness of forward exchange rates as predictors of future spot rates. The standard finding that the slope estimate ĝb is roughly - 3 in regressions of Δ s t on ƒ t −1 − s t −1 implies rejection of unbiasedness but not necessarily UIP. The hypothesis that monetary authorities manage interest rates so as to smooth their movements, while also resisting changes in exchange rates, is attractive conceptually and is capable of explaining not only theĝb = −3 finding but also several other notable features of the data.
A Damage-Revelation Rationale for Coupon Remedies

This article studies optimal remedies in a setting in which damages vary among plaintiffs and are difficult to determine. We show that giving plaintiffs a choice between coupons to purchase units of the defendant's product at a discount and cash - a coupon-cash remedy - is superior to cash alone. The optimal coupon-cash remedy offers a cash amount that is less than the value of the coupons to plaintiffs who suffer relatively high harm. Such a remedy induces these plaintiffs to choose coupons, and plaintiffs who suffer relatively low harm to choose cash. Sorting plaintiffs in this way leads to better deterrence because the costs borne by defendants (the cash payments and the cost of providing coupons) more closely approximate the harms that they have caused.
Importers, Exporters, and Multinationals: A Portrait of Firms in the U.S. that Trade Goods

This paper provides an integrated view of globally engaged U.S. …rms by exploring a newly developed dataset that links U.S. international trade transactions to longitudinal data on U.S. enterprises. These data permit examination of a number of new dimensions of …rm activity, including how many products …rms trade, how many countries …rms trade with, the characteristics of those countries, the concentration of trade across …rms, whether …rms transact at arms length or with related parties, and whether …rms import as well as export. Firms that trade goods play an important role in the U.S., employing more than a third of the U.S. workforce. We …nd that the most globally engaged U.S. …rms, i.e. those that both export to and import from related parties, dominate U.S. trade ‡ows and employment at trading …rms. We also …nd that …rms that begin trading between 1993 and 2000 experience especially rapid employment growth and are a major force in overall job creation.
WARRANT PRICING USING OBSERVABLE VARIABLES

The classical warrant pricing formula requires knowledge of the firm value and of the firm-value process variance. When warrants are outstanding, the firm value itself is a function of the warrant price. Firm value and firm-value variance are then unobservable variables. I develop an algorithm for pricing warrants using stock prices, an observable variable, and stock return variance. The method also enables estimation of firm-value variance. A proof of existence of the solution is provided.
Can Marginal Rates of Substitution Be Inferred from Happiness Data? Evidence from Residency Choices

We survey 561 students from U.S. medical schools shortly after they submit choice rankings over residencies to the National Resident Matching Program. We elicit (a) these choice rankings, (b) anticipated subjective well-being (SWB) rankings, and (c) expected features of the residencies (such as prestige). We find substantial differences between choice and anticipated-SWB rankings in the implied tradeoffs between residency features. In our data, evaluative SWB measures (life satisfaction and Cantril's ladder) imply tradeoffs closer to choice than does affective happiness (even time-integrated), and as close as do multi-measure SWB indices. We discuss implications for using SWB data in applied work.
A Burst from the Direction of UZ Fornacis with XMM-Newton

The XMM-Newton pointing toward the magnetic cataclysmic variable UZ For finds the source to be a factor of greater than 103 fainter than previous EXOSAT and ROSAT observations. The source was not detected for the majority of a 22 ks exposure with the European Photon Imaging Cameras, suggesting that the accretion rate either decreased or stopped altogether. However, a 1.1 ks burst was detected from UZ For during the observation. Spectral fits favor optically thin, kT = 4.4 keV thermal emission. Detection of the burst by the onboard Optical Monitor indicates that this was most probably an accretion event. The 0.1-10 keV luminosity of 2.1 × 1030 ergs s-1 is typical for accretion shock emission from high-state polars and would result from the potential energy release of ~1016 g of gas. There is no significant soft excess due to reprocessing in the white dwarf atmosphere.
Legal and Ethical Implications of Corporate Social Networks

Corporate social networking sites provide employees and employers with considerable opportunity to share information and become friends. Unfortunately, American and international laws do not directly address social networking site usage. The National Labor Relations Act, civil rights laws, and various common law doctrines such as employment at-will and defamation provide the pattern for future social networking laws. Ethical considerations such as productivity, security, goodwill, privacy, accuracy, and discipline fairness also affect future laws. Corporate policies on corporate social networking should balance the employer’s and employee’s interests. Existing laws and ethical issues associated with social networking should impact social networking policies related to configuration, communication, discipline, and evaluation of policies. Corporate social networking policies should be business-related, ensure user notification of monitoring, maintain adequate records, and provide for reliable, consistent, and impersonal evaluation of monitoring effectiveness.
Good, bad or ugly? On the effects of fiscal rules with creative accounting

Abstract Do fiscal rules lead to fiscal adjustment, or do they encourage the use of ‘creative accounting’? This question is studied with a model in which fiscal rules are imposed on ‘measured’ fiscal variables, which can differ from ‘true’ variables because there is a margin for creative accounting. The probability of detecting creative accounting depends on its size and the transparency of the budget. The model studies the effects on fiscal policy of a budget rule, separating structural from cyclical effects, and examines how these effects depend on the underlying fiscal distortion and on the degree of transparency of the budget.
AUER/SEMINOLE ROCK DEFERENCE IN THE TAX COURT

Deference doctrines involve the extent to which courts, in their interpretation of statutes and regulations, should be influenced by how the agencies charged with administering these authorities construe them. Deference doctrine has received enormous attention in case law and commentary during the past three decades, both in tax and in administrative law.
Optimal Portfolio Choice for Long‐Horizon Investors with Nontradable Labor Income

This paper examines how risky labor income and retirement affect optimal portfolio choice. With idiosyncratic labor income risk, the optimal allocation to stocks is unambiguously larger for employed investors than for retired investors, consistent with the typical recommendations of investment advisors. Increasing idiosyncratic labor income risk raises investors' willingness to save and reduces their stock portfolio allocation towards the level of retired investors. Positive correlation between labor income and stock returns has a further negative effect and can actually reduce stockholdings below the level of retired investors. FINANCIAL ADVISORS TYPICALLY RECOMMEND that their customers invest more in stocks than in safe assets when they are working, and to shift their investments towards safe assets when they retire (Jagannathan and Kocherlakota (1996), Malkiel (1996)). By contrast, the standard academic models of portfolio choice (Merton (1969, 1971), Samuelson (1969)) show that retirement is irrelevant for portfolio decisions if investment opportunities are constant and human capital is tradable. In this case the fraction of wealth optimally invested in risky assets should be constant over the lifetime of an individual. Recent research, building on the pioneering work by Merton (1971), shows that time-varying investment opportunities result in portfolio rules with an intertemporal hedging component whose magnitude depends on the investment horizon of the investor (Kim and Omberg (1996), Balduzzi and Lynch (1997), Brennan, Schwartz, and Lagnado (1997), Brandt (1999), Campbell and Viceira (1999, 2001), Barberis (2000)). With time variation in investment opportunities, retirement and death play an instrumental role as events that exogenously fix the individual's investment horizon. More importantly, retirement also marks the time at which individuals stop working and thereafter must live off their lifetime savings and (possibly) transfers. From this perspective, retirement matters for portfolio choice
Judicial Independence in Central and East Europe: The Institutional Context

This paper reviews the commitment to the institutional independence of the judicial power of government in the constitutions of a number of Central and East European countries, that are former members of the Soviet Block. For comparative purposes, it provides a summary analysis of the history of the progress toward institutional independence of the federal judicial system of the United States, over a period of circa 150 years. It concludes with a description of key milestones in achieving institutional independence by judicial systems.
Adopting Local Environmental Institutions: Environmental Need and Economic Constraints

Communities are increasingly turning to local environmental institutions (LEIs) to address unmet environmental challenges. Yet there has been very little empirical analysis of LEIs, and we know surprisingly little about their origins. In this article, the authors use a rational choice framework to examine the incentives and disincentives communities face in deciding whether to establish LEIs. In particular, the authors study the decision of communities to adopt local wetlands bylaws under the Massachusetts Wetlands Protection Act. Using event history analysis, the authors find strong evidence that environmental need, economic attributes, and economic constraints have strong effects on the impulse of communities to adopt LEIs.
Information Aggregation and Allocative Efficiency in Smooth Markets

Recent years have seen extensive investigation of the information aggregation properties of markets. However, relatively little is known about conditions under which a market will aggregate the private information of rational risk-averse traders who optimize their portfolios over time; in particular, what features of a market encourage traders to ultimately reveal their private information through trades? We consider a market model involving finitely many informed risk-averse traders interacting with a market maker. Our main result identifies a basic asymptotic smoothness condition on prices in the market that ensures information is aggregated as long as portfolios converge; furthermore, under this assumption, the allocation achieved is ex post Pareto efficient. Asymptotic smoothness is fairly mild: it requires that, eventually, infinitesimal purchases or sales should see the same per-unit price. Notably, we demonstrate that, under some mild conditions, algorithmic markets based on cost functions (or, equ...
Primordial magnetic fields in the $f^{2}FF$ model in large field inflation under de Sitter and power law expansion

We use the f2FF model to study the generation of primordial magnetic fields (PMF) in the context of large field inflation (LFI), described by the potential, V ∼ Mϕp. We compute the magnetic and electric spectra for all possible values of the model parameters under de Sitter and power law expansion. We show that scale invariant PMF are not obtained in LFI to first order in the slow roll approximation, if we impose the constraint V (ϕ = 0) ∼ 0. Alternatively, if these constraints are relaxed, the scale invariant PMF can be generated. The associated electric field energy can fall below the energy density of inflation, ρInf for the ranges of comoving wavenumbers, k > 8 × 10–7 Mpc–1 and k > 4 × 10–6 Mpc–1 in de Sitter and power law (PL) expansion. Further, it can drop below ρInf on the ranges, e-foldings N > 51, p 2.03, l0 > 3 × 105 MPl–1(Hi 2.8 × 10–3 MPl. All of the above ranges fit with the observational constraints. (© 2016 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim)
Moments of closure in the knowledge politics of digital humanitarianism

Abstract Geographers interested in the social and political implications of the geoweb have recently turned their attention to its attendant “knowledge politics”. Such work looks at the processes and discrete moments in development that led to certain knowledges being represented and other knowledges remaining invisible. In this paper I build on these conversations by exploring the knowledge politics of digital humanitarianism. Digital humanitarianism, a technological corollary to the geoweb, is the set of social and institutional networks, technologies, and practices that enable large numbers of remote and on-the-ground individuals to collaborate on humanitarian projects. Specifically, in this paper I offer 4 “moments of closure” when knowledge politics have been negotiated, enacted, and made durable in digital humanitarianism. These moments of closure constellate around the themes of inclusion, categorization, accuracy, and visibility. I then consider the implications of these moments for the kinds of epistemologies digital humanitarianism espouses, and how knowledges come to be represented. I argue that these knowledge politics – the struggles for legitimacy and means of representation – are fluid and contested, yet become more stable when implemented through technology. Through these processes digital humanitarianism, and by extension the geoweb, embodies the social relations that first produced the debates around knowledge representation.
Mandatory IFRS Adoption and Financial Statement Comparability

This study examines whether mandatory adoption of International Financial Reporting Standards (IFRS) leads to capital market benefits through enhanced financial statement comparability. U.K. domestic standards are considered very similar to IFRS, suggesting any capital market benefits observed for U.K.-domiciled firms are more likely attributable to improvements in comparability (i.e., better precision of across-firm information) than to changes in information quality specific to the firm (i.e., core information quality). If IFRS adoption improves financial statement comparability, we predict this should reduce insiders' ability to benefit from private information. Consistent with these expectations, we find that abnormal returns to insider purchases ? used to proxy for private information ? are reduced following IFRS adoption. Similar results obtain across numerous subsamples and proxies used to isolate IFRS effects attributable to comparability. Together, the findings are consistent with mandatory IFRS adoption improving comparability and thus leading to capital market benefits by reducing insiders' ability to exploit private information.
The welfare effects of banning off-net/on-net price differentials in the mobile sector

The off-net/on-net price differential in mobile voice observed in many countries is much larger than what can be explained away by standard economic theory. This situation has generated important anticompetitive concerns, leading some authorities to contemplate (and even impose) a ban on such practice. In this paper I propose a model of the mobile industry to simulate the short-run welfare impact of this regulatory intervention. This ban will force the market to offer prices that do not depend on what network the call is terminated thereby increasing current on-net prices and decreasing current off-net prices. Thus, the short-run effect of the policy, for both consumers and producers, is a priori ambiguous. The model simulates how consumer and producer welfare would be affected under various scenarios for the ex-post undifferentiated (average market) price. Importantly, the model allows policy makers to determine the maximum ex-post undifferentiated market price that would guarantee no welfare loss. I illustrate the model using results from Chile where the competition authority recently banned this practice; using firms' actual choices of undifferentiated post-ban prices in the market (together with the corresponding observed call volumes) and the model results lead the analysis to the conclusion that in this particular case this regulatory intervention has (in the short-run) likely harmed consumers and benefited firms. Long-run competitive effects, such as changes in market structure, are neither captured by the model nor have yet been observed in this market. The model measures the impact of the off-net/on-net price differential ban on the mobile sector.The model is motivated by industries with linear tariffs (instead of a two-part tariffs).I calibrate the model to the case of Chile where a ban was imposed in 2014.My simulation results and data from the market after the ban suggest a negative effect of the policy.
Alcohol Prohibition and Cirrhosis

This article uses state-level data on cirrhosis death rates to examine the impact of state prohibitions, pre-1920 federal antialcohol policies, and constitutional prohibition on cirrhosis. State prohibitions had a minimal impact on cirrhosis, especially during the pre-1920 period. Pre-1920 federal antialcohol policies may have contributed to the decline in cirrhosis that occurred before 1920, although other factors were likely substantial influences as well. Constitutional Prohibition reduced cirrhosis by about 10-20%.
Parents By the Numbers

This essay, an expanded version of the 2008 Siben Distinguished Professorship Lecture at Hofstra, explores the recent discourse - from case law, legal scholarship, and commentary - about whether children may have more than two legal parents. This discourse provides a lens for examining not only family law's current practices and trajectory but also family law's unfinished business, unspoken assumptions, and problematic inconsistencies. Based on this examination, I largely ally myself with those who take a supportive approach to expanding parental numbers, but I include some significant points and elaborations missing from others' treatment of the topic. Specifically, I show how family law is currently well equipped to adopt and operationalize a multi-parent regime, as well as how the prospect of more than two legal parents illuminates a series of difficulties that family law must address even in the more ordinary two-parent case: difficulties in identifying relevant functional criteria for parentage, in imposing parental obligations on unwilling parents, in allocating shared decision making responsibility, and in determining the appropriate jurisdictional regime for parentage contests. The essay also grapples with theoretical issues raised by the recent discourse, including what multi-parentage might mean for the place of gender, sexuality, and biology in family law; how it might change our understanding of parental status itself; and what it reveals about the professed priority of children's interests in family law. As a whole, the essay suggests that completing the unfinished business of recent reforms-and thereby developing as a larger frame a more normatively coherent family law - might well make the particular question of parents by the numbers a much less difficult and contentious topic.
Computation vs. information processing: why their difference matters to cognitive science

Since the cognitive revolution, it’s become commonplace that cognition involves both computation and information processing. Is this one claim or two? Is computation the same as information processing? The two terms are often used interchangeably, but this usage masks important differences. In this paper, we distinguish information processing from computation and examine some of their mutual relations, shedding light on the role each can play in a theory of cognition. We recommend that theorists of cognition be explicit and careful in choosing notions of computation and information and connecting them together. Much confusion can be avoided by doing so.
Learning to Be Overconfident

We develop a multiperiod market model describing both the process by which traders learn about their ability and how a bias in this learning can create overconfident traders. A trader in our model initially does not know his own ability. He infers this ability from his successes and failures. In assessing his ability the trader takes too much credit for his successes. This leads him to become overconfident. A trader’s expected level of overconfidence increases in the early stages of his career. Then, with more experience, he comes to better recognize his own ability. The patterns in trading volume, expected profits, price volatility, and expected prices resulting from this endogenous overconfidence are analyzed.
The Arrival of the "Have-Nots" in International Arbitration

Much has been written about the have-nots in domestic litigation and domestic arbitration, with an apparent assumption that their fate was mainly a domestic affair. In recent years, however, internet commerce has brought consumers to the international market, an increasingly globalized workforce has generated a class of international employees, and the link between international trade and human rights has revealed a host of victims. The arrival of these 'have-nots' in international arbitration means that previously latent questions about international arbitration's integrity as a system and role as a mechanism for transnational regulatory governance have been brought to the fore. Using experiences in the domestic and the investment arbitration contexts as a backdrop for comparison, I examine the treatment of have-nots in international arbitration. In domestic and investment arbitration, claims by have-nots have revealed and exacerbated structural weaknesses in those systems, and have produced unanticipated shifts in power from sovereign governments to private arbitrators. In contrast to these experiences, before these new parties are fully integrated in international arbitration, the international arbitration system has an opportunity to engage in deliberative construction in order to ensure that the system is prepared to facilitate fair adjudication of their claims and to effectively mediate the competing regulatory interests that will be implicated. The structural features of the international arbitration system and the professional ethos of its caretakers endow it with a demonstrated capacity to facilitate international governance and promote (not undermine) transnational regulatory interests. To fully realize these goals with respect to claims involving have-nots, however, and even more importantly to avoid the pitfalls encountered in domestic and investment arbitration, I conclude that the international arbitration community must necessarily undertake active efforts to accommodate these new types of claims by, among other things, training arbitrators and developing specialized procedures specifically adapted to these new types of claims.
Seven Dogged Myths Concerning Contingency Fees

Myths and misinformation abounds concerning the American contingency fee system. In this paper I discuss seven common perceptions about contingency fees and present evidence that each is mistaken. The seven issues considered are (1) contingency fees are peculiarly American, (2) most contingency fee cases involve little risk, (3) advertising by the plaintiffs' bar has produced a flood of clients seeking compensation, (4) contingency fee lawyers accept most cases that potential clients bring to them, (5) contingency fee lawyers charge a standard fee of one-third of the recovery, (6) lawyers routinely obtain windfalls from contingency fees, and (7) the interests of contingency fee lawyers and their clients are routinely in conflict. The analysis in this paper draws heavily on material discussed in 'Risks, Reputations, and Rewards: Contingency Fee Legal Practice in the United States' (SSRN Abstract No. 572883).
Dust versus Cosmic Acceleration

Two groups have recently discovered a statistically significant deviation in the fluxes of high-redshift Type Ia supernovae from the predictions of a Friedmann model with a zero cosmological constant. In this Letter, I argue that bright, dusty, starburst galaxies would preferentially eject a dust component with a shallower opacity curve (hence less reddening) and a higher opacity/mass than the observed galactic dust that is left behind. Such dust could cause the falloff in flux at high redshift without violating constraints on reddening or metallicity. The specific model presented is of needle-like dust, which is expected from the theory of crystal growth and has been detected in samples of interstellar dust. Carbon needles with conservative properties can supply the necessary opacity and would very likely be ejected from galaxies as required. The model is not subject to the arguments given in the literature against gray dust but may be constrained by future data from supernova searches done at higher redshift, in clusters, or over a larger frequency range.
Assimilation of Immigrants

This article reviews the evolution of the concept of assimilation in American social science. It distinguishes assimilation from accommodation as modal adaptation outcomes of different immigrant generations, as well as various aspects that are commonly conflated by the concept (cultural adaptations, economic mobility, social acceptance into a native mainstream); discusses interrelated cultural (subtractive and additive acculturation), structural (primary and secondary integration), and psychological (identification) dimensions of the concept; and describes the process of ‘segmented assimilation’ – how it is that different groups, in varying contexts of reception and incorporation, adapt to and are absorbed into different sectors of the society.
Users' experiences in collaborative writing using Collaboratus, an Internet-based collaborative work

This paper reviews several user experiences that researchers at the University of Arizona have had in building Internet-based tools to support collaborative writing. First, the technological framework for an advanced collaborative writing tool called Collaboratus is presented. Next, we review the tools that make up Collaboratus, and then provide an overview of the various user experiences we have had. Finally, many suggestions are provided for developing the next generation of collaborative writing tools.
Your Digital Footprint Left Behind at Death: An Illustration of Technology Leaving the Law Behind

Death has become more complicated than it used to be, in large part due to the digital age. Americans, particularly younger ones, spend a substantial portion of their waking hours on some sort of electronic device, with a large portion of that time spent online, and many predict the continuation of this trend. Yet, the law, still set in the pen and ink era, has failed to keep pace with technology in many contexts, including one’s digital footprint at death. One’s digital footprint consists of the sum of his digital assets, and the average American’s digital footprint is valued at nearly $55,000. However, the majority of Americans have not planned for their digital footprint upon their death, due to neglect, concern over sharing information, underestimation of the value of the digital footprint, and/or anxiety over the magnitude of the digital footprint. As such, any estate plan is rendered incomplete, potentially leaving digital assets “adrift in cyberspace.” The interests of various groups of people lead to competing policies on whether access to a decedent’s digital footprint should be allowed or denied. The law does not help. Louisiana, like most states, has no specific legislation in place to govern a decedent’s digital footprint, leaving traditional legal principles to govern technological advancements that did not exist and were probably not even anticipated at the time the laws in question were written. Thus far, the problems have not reached epic proportions, but that day is coming, and eventually, the digital footprint issue will become a serious problem. This Article assesses the various interests triggered by the digital footprint issue, including efficient estate administration, the privacy interests of the decedent and those with whom he communicated, the interests of those left behind, the interests of online service providers that contracted with a decedent when he created his digital assets, and society. It also addresses the Gordian knot of overlapping and complicated legal analyses that the digital footprint issue triggers. The Article additionally details the Louisiana approach to the digital footprint issue, which is, as of now, only estate planning, and analyzes the various potential resolutions to the issue, highlighting the deficiencies of each. Finally, the Article proposes that both federal and state action is required to effectively handle the multitude of legal issues triggered by the digital footprint and provides a detailed scheme for both levels to do so.
Comparative Effectiveness Research under the Patient Protection and Affordable Care Act: Can New Bottles Accommodate Old Wine?

The Patient Protection and Affordable Care Act (PPACA), as amended by the Health Care and Education Reconciliation Act of 2010, initiated comprehensive health reform for the healthcare sector of the United States. PPACA includes strategies to make the American healthcare sector more efficient and effective. PPACA's comparative effectiveness research initiative and the establishment of the Patient-Centered Outcomes Research Institute are major strategies in this regard. PPACA's comparative effectiveness research initiative is one in a long line of federal initiatives to address the rising costs of healthcare as well as to obtain better value for healthcare expenditures. The key question is whether the governance and design features of the institute that will oversee the initiative will enable it to succeed where other federal efforts have faltered. This Article analyzes the federal government's quest to ensure value for money expended in publically funded healthcare programs and the health sector generally. This Article will also analyze what factors contribute to the possible success or failure of the comparative effectiveness research initiative. Success can be defined as the use of the findings of comparative effectiveness to make medical practice less costly, more efficient and effective, and ultimately, to bend the cost curve.
Sub-field normalization in the multiplicative case: High- and low-impact citation indicators

CEPR Project SCIFI-GLOW*Corresponding author. Email: jrc@eco.uc3m.esThis article uses high- and low-impact citation indicators for the evaluation of the citation per-formance of research units at different aggregate levels using a dataset of about 3.6 millionarticles published in 1998–2002 in the natural and the social sciences with a 5-year citationwindow. The difficulty is that a large proportion of individual articles are assigned to multiplesubfields. To control for wide differences in citation practices at the subfield level, we apply anovel normalization procedure in the multiplicative approach in which each paper is whollycounted as many times as necessary in the several categories to which it is assigned at eachaggregation level. The methodology is applied to a partition of the world into three geographicalareas: the USA, the European Union (EU), and the Rest of the World. The main findings are thefollowing two. (1) Although normalization does not systematically bias the results against anyarea, it reduces the US/EU high-impact gap in the all-sciences case by a non-negligible 14.4%.(2) The dominance of the USA over the EU in the basic and applied research published in theperiodical literature is almost universal at all aggregation levels. From the high-impact perspective,for example, the USA is ahead of the EU in 77 out of 80 disciplines, and all of 20 fields. For allsciences as a whole, the US high-impact indicator is 61% greater than that of the EU.Keywords: citation analysis; high- and low-impact indicators; subﬁeld normalization; multiplica-tive approach; US/EU scientiﬁc gap.
Planning as Public Use

This short Essay explores the Supreme Court's suggestion in Kelo v. New London that public, participatory planning may be a constitutional safe harbor that separates impermissible private takings from presumptively valid public ones. After briefly reviewing the Court's discussion of the planning that preceded the Kelo litigation, the Essay examines how Kelo's emphasis on planning departs from standard rational basis review of economic policies and asks what such a departure means for future public-use litigants. The Essay then explores three possible practical benefits of a constitutional rule that encourages the government to engage in detailed planning before exercising the power of eminent domain: First, can public, participatory planning help legitimize so-called economic-development takings? Second, was the Court correct to assume that planning will limit pretextual takings, i.e., the taking of private property in the name of economic development but for the true purpose of benefiting a private individual? And third, will careful planning by the government lead to more successful projects?
Real and Accrual‐Based Earnings Management in the Pre‐ and Post‐Sarbanes‐Oxley Periods

We document that accrual‐based earnings management increased steadily from 1987 until the passage of the Sarbanes‐Oxley Act (SOX) in 2002, followed by a significant decline after the passage of SOX. Conversely, the level of real earnings management activities declined prior to SOX and increased significantly after the passage of SOX, suggesting that firms switched from accrual‐based to real earnings management methods after the passage of SOX. We also document that the accrual‐based earnings management activities were particularly high in the period immediately preceding SOX. Consistent with these results, we find that firms that just achieved important earnings benchmarks used less accruals and more real earnings management after SOX when compared to similar firms before SOX. In addition, our analysis provides evidence that the increases in accrual‐based earnings management in the period preceding SOX were concurrent with increases in equity‐based compensation. Our results suggest that stock‐option compo...
The Association between Deferred Tax Assets and Liabilities and Future Tax Payments

ABSTRACT : This study empirically examines whether deferred taxes provide incremental information about future tax payments and explores whether the relationship is affected by whether and when the deferred tax accounts reverse. The analysis provides evidence that while deferred taxes do provide incremental information about future tax payments, the magnitude of the information is small. Further, consistent with theoretical predictions (Guenther and Sansing 2000, 2004; Dotan 2003) the analysis demonstrates there is an asymmetrical association between deferred taxes and future tax payments. For instance, deferred taxes associated with temporary differences that are included in GAAP income prior to taxable income are associated with future tax payments. In contrast, deferred taxes associated with temporary differences that are included in GAAP income after taxable income are not associated with future tax payments. Finally, the analysis provides evidence that growth in the deferred tax balances does not def...
The Near Earth Asteroid associations

We searched for associations (not for families) amongst the near Earth asteroids (NEAs) and, similarly as in our previous studies (Jopek 2011; Jopek 2015),AQ: Please provide reference detail for Jopek 2012. a dozen groups of 10 or more members was found with high statistical reliability. We present some details of our most numerous finding: association (2061) Anza which, at the moment, incorporates 191 members.
The extralegal development of securities trading in seventeenth-century Amsterdam

Abstract It is often argued that government rule enforcement is necessary for the development of a stock market ( Glaeser, Johnson, & Shleifer, 2001 ). Work by Boot, Stuart, and Thakor (1993) , Klein and Leffler (1981) , and Telser (1980) , however, suggests that repeated interaction and reputation can create incentives for contracts to be self-enforcing. This paper investigates these claims by examining the first stock market, the Amsterdam Bourse. At a time when many financial contracts were unenforceable in government courts the market developed surprisingly advanced trading instruments. Descriptions by seventeenth-century stockbroker, De la Vega [ Confusion de Confusiones ], indicate that a reputation mechanism enabled extralegal trading of relatively sophisticated contracts including short sales, forward contracts, and options.
Context Matters: Institutions and Entrepreneurship

1. Introduction 2. What Are Institutions? 3.How Institutions Matter For Economic Outcomes. 4. Social Entrepreneurship 5. Political Entrepreneurship 6. Institutional Entrepreneurship 7. Conclusion 8. References