cssi/SciSciGPT-SciSciNet huggingface dataset:
Should a Personality Disorder Qualify as a Mental Disease in Insanity Adjudication

The determinative issue in applying the insanity defense is whether the defendant experienced a legally relevant functional impairment at the time of the offense. Categorical exclusion of personality disorders from the definition of mental disease is clinically and morally arbitrary because it may lead to unfair conviction of a defendant with a personality disorder who actually experienced severe, legally relevant impairments at the time of the crime. There is no need to consider such a drastic approach in most states and in the federal courts, where the sole test of insanity is whether the defendant was "unable to appreciate the wrongfulness of his conduct at the time of the offense." This is because the only symptoms that are legally relevant in such jurisdictions are those that impair reality-testing and thereby affect the person's capacity to understand the nature and consequences of her actions. However, if the test of insanity includes a "volitional prong" (inability to control one's behavior), some way must be found to limit the scope of the defense to the core cases (involving psychotic conditions) to which it has traditionally been applied, and to prevent a shift toward a deterministic account of criminal conduct - i.e., "people can't help being who they are and doing what they do." The best way of accomplishing this is to limit the definition of mental disease to severe disorders characterized by gross disturbances of the person's capacity to understand reality.
Toleration, Approval, and the Right to Marry: On Constitutional Limitations and Preferential Treatment

Some opponents of same-sex marriages and civil unions suggest that the legal recognition of such relationships would constitute state endorsement rather than toleration and, thus, should not be accorded. The difference between endorsement and toleration is explained either in terms of Establishment Clause jurisprudence or in terms of the difference between statutorily permitted activity, on the one hand, and constitutionally protected activity on the other. Yet, Establishment Clause jurisprudence makes clear that the state is not permitted to express approval of some citizens so as to make other citizens feel like outcasts, and the difference between permitted and protected activity helps establish why same-sex relationships must be recognized as a matter of constitutional right rather than may be recognized as a matter of legislative discretion. Ironically, the arguments of these commentators help establish why same-sex marriage must be recognized as protected by the Federal Constitution and not merely as a status which may, but need not, be afforded by the different state legislatures.
"Stand Your Ground" in Context: Race, Gender, and Politics

This introduction to a special volume on Florida’s “Stand Your Ground” law highlights the importance of race, class, and gender to understanding the political support for SYG and the law’s impact.
A Mathematical Linguistic Approach to Rebus

The aim of this paper is the investigation of some combinatorial aspects of written language, within the framework determined by the well-known game of crossword puzzles. Various types of probabilistic regularities appearing in such puzzles reveal some hidden, not well-known restrictions operating in the field of natural languages. Most of the restrictions of this type are similar in each natural language. Our direct concern will be the Romanian language.
Does the market matter for more than investment

Abstract Market effects on corporate investment are well documented. Low disagreement implies high investment, but we know little about what high disagreement implies, other than the implied flip side (low investment). This paper adds to this literature in several ways. A new dimension of corporate behavior that is related to disagreement is documented. Higher disagreement precedes a lower cost structure. Empirical tests reveal that the results are not driven by forced production efficiency due to financial constraints.
The normalized distance Laplacian

The distance matrix $\mathcal{D}(G)$ of a graph $G$ is the matrix containing the pairwise distances between vertices. The transmission of a vertex $v_i$ in $G$ is the sum of the distances from $v_i$ to all other vertices and $T(G)$ is the diagonal matrix of transmissions of the vertices of the graph. The normalized distance Laplacian, $\mathcal{D}^{\mathcal {L}}(G)=I-T(G)^{-1/2}\mathcal{D}(G) T(G)^{-1/2}$, is introduced. This is analogous to the normalized Laplacian matrix, $\mathcal{L}(G)=I-D(G)^{-1/2}A(G)D(G)^{-1/2}$, where $D(G)$ is the diagonal matrix of degrees of the vertices of the graph and $A(G)$ is the adjacency matrix. Bounds on the spectral radius of $\mathcal{D}^{\mathcal {L}}$ and connections with the normalized Laplacian matrix are presented. Twin vertices are used to determine eigenvalues of the normalized distance Laplacian. The generalized distance characteristic polynomial is defined and its properties discussed. Finally, $\mathcal{D}^{\mathcal {L}}$-cospectrality is studied for all graphs on 10 and fewer vertices, providing evidence that the normalized distance Laplacian has fewer cospectral pairs than other matrices.
Predictive genetic testing for Alzheimer's disease in long-term care insurance.

The promise of new genetic research is the ability to prevent, treat, and cure a wide range of physical and mental disorders - both monogenic and complex disorders. While astonshing progress has been made in gene discovery and development of genetic tests, progress has been much slower in developing medicial interventions. Consequently, there is likely a gap of varing and indeterminante time - lasting years or even decades - between the ability to identify and predict genetic risk and the ability to prevent, treat, or cure the condition.
Book-to-Market Ratio and Skewness of Stock Returns

ABSTRACT: This study demonstrates that stocks with low book-to-market ratios, also known as glamour stocks, have significantly more positive skewness in their return distributions compared to the r...
A Note on Capital IQ's Credit Line Data

Empirical work in finance is increasingly using Capital IQ's detailed data on capital structure. We compare the Capital IQ credit line data to hand-collected data for a random sample of firms. Missing values in Capital IQ are prevalent, so the data set underreports the importance of corporate credit lines. When data are reported, Capital IQ often differs from hand-collected credit line activity. We suggest methods for correcting the errors in the Capital IQ data, note which portions of the data are most reliable, and quantify the effects of Capital IQ's underreporting by examining the tradeoff between cash and lines of credit.
Reclaiming Corporate Law in a New Gilded Age

Corporate law matters. Traditionally seen as the narrow study of the relationship between managers and shareholders, corporate law has frequently been relegated to the margins of legal discussion and political debate. The marginalization of corporate law has been especially prevalent among those who count themselves as progressives. While this has not always been true, in the last generation or so progressives have focused on constitutional law and other areas of so-called public law, and have left corporate law to adherents of neoclassical law and economics. To the extent that the behavior of businesses has been a matter of concern, that concern has been aimed at adjusting the rules of environmental law, administrative law, employment law, and the like. The time has come to reclaim corporate law as a topic of wide debate and progressive concern. Instead of being a narrow discipline with limited implications, corporate law determines the rules governing the organization, purposes, and limitations of some of the largest and most powerful institutions in the world. By establishing the obligations and priorities of companies and their management, corporate law affects everything from employees’ wage rates (whether in Bakersfield or Bangalore), to whether companies will try to skirt environmental laws, to whether they will tend to look the other way when doing business with governments that violate human rights. Corporate law also determines whether corporations will look at the long term or the short term, whether they will see themselves as owing any responsibilities to stakeholders other than shareholders, and indeed whether they consider themselves to be constrained by law at all. There are reasons to challenge the dominant vision of corporate law in the United States. Adjustments in corporate law not only could stifle the worst impulses of the corporation but also could create room for businesses to be a more positive social force, primarily by creating and more broadly distributing financial surplus.
Accuracy, optimality and the preponderance standard

Law-and-economics scholars have recently argued that the legal system should set burdens of proof on the basis of ex ante welfare considerations. In this Article, we reject this welfarist approach, showing that it relies on contested normative principles, raises legitimacy concerns, and is nearly impossible to implement in practice. As an alternative, we propose a decision-theory model that we constrain to account for core legal values and the practical limitations of the trial process. Specifically, we require that the burden of proof prioritize accuracy (truth) over welfare, and that it be capable of operating without knowledge of the base rates or prior probabilities of activities. The resulting optimization problem can be solved using a minimax approach, which minimizes the maximum probability of error faced by each of the parties, and remarkably, the minimax solution turns out to be precisely the preponderance-of-the-evidence standard currently imposed by courts. We thereby not only refute recent welfare theories about the burden of proof, but also provide a new theoretical justification for the traditional preponderance standard.
Control of Dividends, Capital Subscriptions, and Physical Inventories

Manufacturers manage interrelated flows of material and cash. Material needs capital, and sales contribute cash. Therefore, it may be beneficial to coordinate operational and financial decisions. We study a dynamic model of coordination in an equity-financed firm in which inventory and financial decisions interact in the presence of demand uncertainty, financial constraints, and a risk of default. The criterion is to maximize the expected present value of dividends net of capital subscriptions. The optimal target inventory level and financial decision variables are nondecreasing functions of the levels of inventory and retained earnings. Some important attributes of an optimal policy remain the same regardless of whether default precipitates Chapter 7 or Chapter 11 bankruptcy. The optimal policy is myopic, and if pertinent cost functions are piecewise linear, it is characterized with simple formulas. We show that the methods of inventory theory are useful in analyzing models of operational and financial coordination.
Taxpayers or Governments? Default as Determinant in Canadian and US Supreme Court Tax Decisions

Abstract. This paper demonstrates that an important and overlooked guide to understanding Canadian and US Supreme Court decision making in tax cases is the “default,” or the party to whom the court will decide in favour of if tax language is ambiguous. While statutory interpretation methods influence the overall manner in which courts approach tax-law decision making, the default is a more concrete guide to evaluating Canadian and US Supreme Court decisions. The paper first explores the statutory interpretation approaches referenced in Canadian and American Supreme Court tax law cases. The paper then examines the histories of defaults, including the cases in which they emerged and the rationales given for their adoption. Third, based on original research, the paper concludes that defaults have a profound effect on income tax decisions by, in Canada, the Supreme Court favouring the taxpayer and, in the United States, the Court deferring to the Internal Revenue Service. Resume. Cet article demontre que la partie a laquelle les Cours supremes du Canada et des Etats-Unis donnent gain de cause lorsque la loi est ambigue, appelee “ defaut ”, constitue un point de repere important, souvent neglige, pour comprendre les decisions de ces tribunaux en matiere de droit fiscal. Bien que les methodes d'interpretation de la loi influencent la prise de decision de ces tribunaux dans des causes fiscales, le “ defaut ” represente un point de repere plus concret pour evaluer les decisions des Cours supremes du Canada et des Etats-Unis en ces matieres. L'article qu'on va lire examine d'abord les interpretations de la loi rencontrees dans la jurisprudence fiscale des Cours supremes du Canada et des Etats-Unis. Il presente ensuite l'historique des “ defauts ”, les cas ou ils ont surgi, ainsi que les arguments et les justifications qui les accompagnent. Enfin, l'article conclut, sur la base d'une recherche inedite, que les “ defauts ” ont des effets profonds sur les decisions des Cours supremes en matiere de droit fiscal tant au Canada, ou la Cour supreme donne le plus souvent gain de cause au contribuable, qu'aux Etats-Unis ou la Cour supreme se range plutot a l'avis de l'Internal Revenue Service.
"Sophisticated Robots": Balancing Liability, Regulation, and Innovation

Our lives are being transformed by large mobile “sophisticated robots” with increasingly higher levels of autonomy, intelligence, and interconnectivity among themselves. For example, driverless automobiles are likely to become commercially available within a decade. Many people who suffer physical injuries from these robots will seek legal redress for their injury, and regulatory schemes are likely to impose requirements to reduce the number and severity of injuries. This Article addresses the issue of whether the current liability and regulatory systems provide a fair, efficient method for balancing the concern for physical safety against the need to incentivize the innovation necessary to develop these robots. The Article provides context for analysis by reviewing innovation and robots’ increasing size, mobility, autonomy, intelligence, and interconnections in terms of safety, particularly in terms of physical interaction with humans, and by summarizing the current legal framework for addressing personal injuries in terms of doctrine, application, and underlying policies. The Article argues that the legal system’s method of addressing physical injury from robotic machines that interact closely with humans has provided an appropriate balance of innovation and liability for personal injury. It critiques claims that the system is flawed and needs fundamental change and concludes that the legal system will continue to foster the innovation of reasonably safe sophisticated robots fairly and efficiently.
Lethal injection, autonomy and the proper ends of medicine

Gerald Dworkin has argued that it is inconsistent with the proper ends of medicine for a physician to participate in an execution by lethal injection. He does this by proposing a principle by which we are to judge whether an action is consistent with the proper ends of medicine. I argue: (a) that this principle, if valid, does not show that it is inconsistent with the proper ends of medicine for a physician to participate in an execution by lethal injection; and (b) that this principle is not valid, and this is because it mistakenly views the promotion of patient autonomy as one of the proper ends of medicine. Rather, I propose, we should view respect for a patient's autonomy as a constraint on the pursuit of the proper ends of medicine, rather than as one of the proper ends itself. With this revised understanding of the proper ends of medicine, we can conclude that it is inconsistent with the proper ends of medicine for a physician to participate in an execution by lethal injection.
Prescriptive Laws, Uncertain Science, and Political Stories: Forest Management in the Sierra Nevada

In the late 1990s, national forests in California's northern Sierra Nevada became centrally involved in two competing trends in natural resource management. One, a trend toward increased community-based resource management, produced the Herger-Feinstein Quincy Library Group Act, a law designed to govern logging and forest restoration in the Northern Sierra Nevada. The law was championed by the Quincy Library Group, a local organization that became one of the most visible examples of community-based planning. The other, a trend toward increased ecological sensitivity in forest management, produced a Forest Service plan, known colloquially as the "Sierra Nevada Framework," which purported to govern the same lands. Both plans were backed by compelling narratives, and both would apply in contexts of contested politics, demanding legal obligations, and pervasive scientific uncertainty. This article explores the interrelationships between those plans, and the related interrelationships among conflicting narratives, uncertain science, and the legal superstructure. It concludes that in such contexts of uncertainty, environmental managers will be prone to allowing narrative rather than scientific criteria to drive policy, but that taking such a course of action is problematically inconsistent with a legal structure ostensibly demanding decision-making grounded in science.
Originalism Talk: A Legal History

Progressives have long recognized the tremendous political appeal of originalism: it achieves results consistent with conservative values but promises the public judicial neutrality. By drawing on new historical research on antiabortion constitutionalism, this Article argues for a radically different understanding of the originalist ascendancy. Contrary to what we often think, conservative social movements at times made significant sacrifices in joining an originalist coalition. These costs were built in to what this Article calls originalism talk — the use of arguments, terms, and objectives associated with conservative originalism. Scholars have documented the costs confronted by social movements reliant on rights-based rhetoric, particularly when activists seek social change in the courts. Originalism talk was similarly constraining. By becoming part of an originalist coalition, abortion opponents increased their influence over the selection of federal judicial nominees. At the same time, in stressing originalist rhetoric, abortion opponents had to set aside longstanding constitutional commitments involving the right to life, the personhood of the fetus, and the existence of rights based in natural law or human-rights principles. The story of antiabortion constitutionalism offers insight into progressive attempts to create a doctrinally satisfying and politically resonant alternative to conservative originalism. Often, the issue is how to create an interpretive method that accomplishes as much as originalism: advancing progressive constitutional beliefs while appealing to the public’s interest in the rule of law. As this Article shows, however, it is not clear that the benefits of belonging to the originalist coalition outweigh its costs.
The Jurisdiction of the Court of Federal Claims and Forum Shopping in Money Claims Against the Federal Government

INTRODUCTION 84 I. THE COURT OF FEDERAL CLAIMS AND THE ADEQUACY OF MONEY JUDGMENTS ....... 87 A. THE COURT OF FEDERAL CLAIMS AND EXCLUSIVE JURISDICTION OVER MONEY CLAIMS AGAINST THE UNITED STATES 87 B. JURISDICTION IN THE COURT OF FEDERAL CLAIMS AFTER THE SUPREME COURT’S DECISION IN BOWEN V. MASSACHUSETTS 90 C. THE FEDERAL CIRCUIT’S CONFIRMATION OF EXCLUSIVE JURISDICTION IN THE COURT OF FEDERAL CLAIMS WHEN A MONEY JUDGMENT IS ADEQUATE 94 II. DISTRICT COURT V. COURT OF FEDERAL CLAIMS: THE JURISDICTIONAL TUG-OF-WAR IN INDIAN BREACH OF TRUST CLAIMS 101 A. THE UNPRECEDENTED PROJECTION OF DISTRICT COURT AUTHORITY OVER MONEY DISPUTES IN COBELL V. BABBITT 101 B. THE ADEQUACY OF REMEDIES IN THE COURT OF FEDERAL CLAIMS AND THE DISTRICT COURT IN INDIAN BREACH OF TRUST CASES 106 III. THE JURISDICTIONAL COLLISION IN UNITED STATES V. TOHONO O’ODHAM NATION 129 A. DUPLICATIVE LITIGATION IN BOTH THE DISTRICT COURT AND THE COURT OF FEDERAL CLAIMS 129 B. THE AFTERMATH OF TOHONO O’ODHAM NATION 133 CONCLUSION 149
How reliable and consistent are subjective measures of welfare in Europe and Central Asia ? evidence from the second life in transition survey

This paper analyzes the reliability and consistency of subjective well-being measures. Using the Life in Transition Survey, which was administered in 34 countries of Europe and Central Asia in 2006 and 2010, the paper evaluates subjective well-being measures (satisfaction with life and subjective relative income position) against objective measures of welfare based on consumption and assets. It uses the different formulations of life satisfaction in the survey to test robustness to alternative framing and scaling. It also explores within-household differences in subjective well-being assessments. The analysis finds that subjective relative income is weakly correlated with household relative welfare position as measured by consumption or assets. Life satisfaction, by contrast, is highly correlated with objective and subjective measures of household welfare. It generally reflects cross-country differences in average consumption, assets, or per capita gross domestic product, although Central Asian countries report much higher life satisfaction levels than their incomes would suggest. Two alternative measures of life satisfaction are highly correlated and the correspondence between verbal and numeric scales is strong within a country or groupings of similar countries. Within households, subjective assessments of relative income are roughly consistent but measurement error is correlated with individual characteristics (gender and age of respondents), which could cause systematic biases in the analysis.
How Sensitive Is Investment to Cash Flow When Financing Is Frictionless

I analyze the sensitivity of a firm's investment to its own cash flow in the benchmark case where financing is frictionless. This sensitivity has been proposed as a measure of financing constraints in earlier studies. I find that the investment–cash flow sensitivities that obtain in the frictionless benchmark are very similar, both in magnitude and in patterns they exhibit, to those observed in the data. In particular, the sensitivity is higher for firms with high growth rates and low dividend payout ratios. Tobin's q is shown to be a more noisy measure of near-term investment plans for these firms.
Agency Delays: How a Principal-Agent Approach Can Inform Judicial and Executive Branch Review of Agency Foot-Dragging

How long should it take a government agency to act on a nondiscretionary duty? When does the agency’s decisionmaking process become unreasonably delayed, warranting judicial intervention to compel agency action? These questions are central to the operation and accountability of the modern administrative state. Agency delays in decisionmaking and action have been widely acknowledged as a fundamental impediment to the effective functioning of federal agencies for over thirty years, and more recently, significant delays in regulatory action have raised serious concerns about the political legitimacy of unfettered presidential control of the bureaucracy. Yet the appropriate role for courts to play in reviewing agency delays has garnered little attention in the academic literature, and the judicial doctrine is ad hoc, incoherent, and difficult to apply consistently. Thus, this Article argues, judicial review of agency delay is ripe for reform. Drawing upon the insights of positive political theory, this Article reframes agency delays as a principal-agent problem between congressional enacting coalitions and the agency, rather than merely a conflict between the agency and its beneficiaries, as the problem has traditionally been understood. Therefore, courts should assess whether agencies have abused their discretion over when to act in light of the type of decision delegated to the agency, whether the motivation behind the agency’s timeline comports with its delegated authority, and the costs and benefits of inaction to the enacting coalition’s statutory goals. This Article proposes that plaintiffs should have the burden of proving that the costs of delay due to other priorities outweigh the benefits, but that the burden of proof should shift to the agency once substantive decisionmaking is underway. This burden-shifting framework preserves agencies’ discretion over their agendas while preventing foot-dragging caused by agency dysfunction, agency capture, or regulatory obstructionism by com* Assistant Professor of Law, Michigan State University College of Law. J.D., New York University School of Law; M.A. New York University; B.A., Columbia University. I am grateful to Rachel Barkow, Michael Burger, Richard Epstein, Helen Hershkoff, Sylvia Law, Jason Parkin, Richard Pildes, Richard Revesz, Catherine Sharkey, Glen Staszewski, Jane Greengold Stevens, and members of the NYU Lawyering Scholarship Colloquium for helpful discussions and thoughtful comments on earlier drafts of this Article. Alexander Panayotov, Martha Roberts, and Tanya Senanayake provided invaluable research assistance. July 2011 Vol. 79 No. 5
Evidence and Ideology in Assessing the Effectiveness of Financial Literacy Education

Financial literacy education has long been promoted as key to consumer financial well-being. It is widely embraced as an effective alternative to substantive legal regulation. Yet its effectiveness has never had more than negligible empirical support. This review (1) sets forth the model of financial literacy education underlying public support for these programs today, (2) identifies pervasive and serious limitations in existing empirical research used by policymakers as evidence of the effectiveness of this education, and (3) recommends a number of alternative public policies suggested by the existing research. ______________________________________________________________________________ * Lauren E. Willis is a visiting associate professor of law at University of Pennsylvania Law School (lwillis@law.upenn.edu) and an associate professor of law at Loyola Law School, Los Angeles (lauren.willis@loyola.edu). Helpful comments from Michael Herron, Alan Natapoff, Doug Stenstrom, and participants at the 11 International Conference on Consumer Law in Cape Town, South Africa, the 7 International Consumer Financial Services Conference in Brussels, Belgium, and the 2008 Association of American Law Schools Annual Meeting in New York, NY, are gratefully acknowledged. All errors are the author’s alone.
The Deductibility of State and Local Taxes: Impact Effects by State and Income Class

This paper provides careful estimates of the impact of removing the deductibility of state and local taxes by state andby income class. We show how deductibility affects marginal and average tax rates for both state and federal tax systems. One striking result is that combined federal income tax and state tax burdens would generally fall under the President's tax reform proposal, even for high income people in high tax states.
The Effects of Online User Reviews on Movie Box Office Performance: Accounting for Sequential Rollout and Aggregation Across Local Markets

Our objective in this paper is to measure the impact (valence, volume, and variance) of national online user reviews on designated market area (DMA)-level local geographic box office performance of movies. We account for three complications with analyses that use national-level aggregate box office data: (i) aggregation across heterogeneous markets (spatial aggregation), (ii) serial correlation as a result of sequential release of movies (endogenous rollout), and (iii) serial correlation as a result of other unobserved components that could affect inferences regarding the impact of user reviews. We use daily box office ticket sales data for 148 movies released in the United States during a 16-month period (out of the 874 movies released) along with user review data from the Yahoo! Movies website. The analysis also controls for other possible box office drivers. Our identification strategy rests on our ability to identify plausible instruments for user ratings by exploiting the sequential release of movies across markets---because user reviews can only come from markets where the movie has previously been released, exogenous variables from previous markets would be appropriate instruments in subsequent markets. In contrast with previous studies that have found that the main driver of box office performance is the volume of reviews, we find that it is the valence that seems to matter and not the volume. Furthermore, ignoring the endogenous rollout decision does not seem to have a big impact on the results from our DMA-level analysis. When we carry out our analysis with aggregated national data, we obtain the same results as those from previous studies, i.e., that volume matters but not the valence. Using various market-level controls in the national data model, we attempt to identify the source of this difference. By conducting our empirical analysis at the DMA level and accounting for prerelease advertising, we can classify DMAs based on their responsiveness to firm-initiated marketing effort (advertising) and consumer-generated marketing (online word of mouth). A unique feature of our study is that it allows marketing managers to assess a DMA's responsiveness along these two dimensions. The substantive insights can help studios and distributors evaluate their future product rollout strategies. Although our empirical analysis is conducted using motion picture industry data, our approach to addressing the endogeneity of reviews is generalizable to other industry settings where products are sequentially rolled out.
Adverse rainfall shocks and civil war: Myth or reality?

News reports and policymakers frequently link African civil conflicts and wars to agricultural crises caused by droughts. However, empirical studies of the relationship between rainfall and civil c...
Issues for the next generation of base rate research

Commentators agree that simple conclusions about a general base rate fallacy are not appropriate. It is more constructive to identify conditions under which base rates are differentially weighted. Commentators also agree that improving the ecological validity of the research is desirable, although this is less important to those interested exclusively in psychological processes. The philosophers and ecologists among the commentators offer a kinder perspective on base rate reasoning than the psychologists. My own perspective is that the interesting questions (both psychological and normative/prescriptive) are best answered through empirical studies that use real-world performance standards.
Incentivizing Municipalities to Adapt to Climate Change: Takings Liability and FEMA Reform as Possible Solutions

This Article addresses a central question of climate adaptation in the United States: how can municipalities, which are best positioned to take a lead in climate change adaptation efforts, be incentivized to do so? The Article analyzes and ultimately rejects as doctrinally unmoored and counterproductive one idea that has been suggested by commentators and arguably endorsed in a few noteworthy recent cases—that is, that municipalities and other governments be held liable under the Takings Clause for their failing to take adaptive measures that protect private property. Instead, the Article argues that municipalities should be given an incentive to adapt by means of modifications in federal aid programs that in effect would require the municipalities to obtain private insurance against climate-change-related damage to public property and infrastructure. This proposal, if adopted, would be a salient first step toward the transformation of federal policy from one that actively discourages private adaptation to changing patterns of extreme weather and sea level rise to one that actively encourages such adaptation.
Public law, private law, and legal science

This essay explores the historical and conceptual connections between private law and nineteenth century classical legal science from the perspective of German, American, and Jewish law. In each context, legal science flourished when scholars examined the confined doctrines traditional to private law, but fell apart when applied to public, administrative and regulatory law. Moving to the contemporary context, while traditional private law scholarship retains a prominent position in German law and academia, American law has increasingly shifted its focus from the language of substantive private law to a legal regime centered on public and procedural law. The essay concludes by raising skepticism over recent calls to reinvigorate the Euro-American dialogue by focusing on traditional private law and scholarship. 2009] PUBLIC LAW, PRIVATE LAW AND LEGAL SCIENCE 691
Taxation of Unrealized Gains at Death - An Evaluation of the Current Proposals

Forty-two years ago, in the Virginia Law Review, long before Congress twice enacted — and twice repealed — carryover basis for assets transferred at death, I published this article examining and evaluating a number of proposals for taxing gains at death, as well as for carryover basis. (One of these was being advanced by the American Bankers Association.) The president, in his State of the Union address on January 20, 2015, has again proposed a tax on gains on assets transferred at death. This article may be helpful in identifying some of the main issues and alternatives if Congress considers the proposal in its upcoming tax reform deliberations. I have made no attempt to update this article for current circumstances. Most of the design issues remain unchanged, although the exemption and illustrative numbers are out of date.
Topological entanglement negativity in Chern-Simons theories

We study the topological entanglement negativity between two spatial regions in (2+1)-dimensional Chern-Simons gauge theories by using the replica trick and the surgery method. For a bipartitioned or tripartitioned spatial manifold, we show how the topological entanglement negativity depends on the presence of quasiparticles and the choice of ground states. In particular, for two adjacent non-contractible regions on a tripartitioned torus, the entanglement negativity provides a simple way to distinguish Abelian and non-Abelian theories. Our method applies to a Chern-Simons gauge theory defined on an arbitrary oriented (2+1)-dimensional spacetime manifold. Our results agree with the edge theory approach in a recent work [35].
Accuracy, Complexity, and the Income Tax

The complexity of the income tax is an unending source of complaint, and compliance costs are estimated to be very large. Yet most recognize that some degree of complexity is necessary if income is to be measured accurately. This article presents a framework for analyzing the value of greater accuracy in income taxation. Formulations for both distributive and incentive benefits of accuracy are offered. In addition, the article takes into account that compliance costs and the effects of complex provisions are endogenous, determined in significant part by taxpayers' information acquisition efforts. The article addresses whether taxpayers have excessive or inadequate incentives to acquire information about taxable income and to challenge tax assessments.
Limited Access to Airport Facilities and Market Power in the Airline Industry

AbstractWe investigate the role of limited access to airport facilities as a determinant of the hub premium in the U.S. airline industry. We use original data from competition plans that airports are required to submit to the U.S. Department of Transportation in compliance with the Aviation Investment and Reform Act for the Twenty-First Century. We collect information on the availability and control of airport gates, leasing arrangements, and other restrictions limiting the expansion of airport facilities. We find that the hub premium is increasing in the ticket fare. We find that control of gates is a crucial determinant of this premium. Limits on the fees that airlines can charge for subleasing their gates lower the prices charged by airlines. Finally, control of gates and restrictions on sublease fees explain high fares only when there is a scarcity of gates relative to the number of departures from an airport.
Welfare and market access effects of piecemeal tariff reform

Abstract We study the link between import volume and welfare due to liberalization. We confine our attention to the small country case and to unilateral tariff reductions. Our results indicate that increased import volume associated with tariff reductions is neither necessary nor sufficient for welfare improvement to occur. We show that in general both import value and welfare cannot fall. Moreover, if the excess demand for exported goods does not respond to changes in the prices of imported goods, the value of imports and welfare must move in opposite directions.
The justification of intellectual property: Contemporary philosophical disputes

Once taken for granted as morally legitimate, legal protection of intellectual property rights have come under fire in the last 30 years as new technologies have evolved and severed the link between expression of ideas and such traditional material-based media as books and magazines. These advances in digital technology have called attention to unique features of intellectual content that problematize intellectual property protection; any piece of intellectual content, for example, can be simultaneously appropriated by everyone in the world without thereby diminishing the supply of that content available to others. This essay provides an overview and assessment of the arguments and counterarguments on the issue of whether intellectual property should be legally protected. © 2008 Wiley Periodicals, Inc.
The Ban Has Lifted: Now Is the Time to Change the Accredited-Investor Standard

In July 2013, the United States Securities and Exchange Commission lifted an eighty-year ban on general solicitation and general advertising for certain private securities offerings. This was part of a mandate from the Jumpstart Our Business Startups Act (JOBS Act) in an effort to help small and emerging companies grow. Before, private companies had to rely on private connections or hire an investment bank with those connections in order to raise capital. Now, these companies may solicit or advertise securities through the mail, phone, and Internet, but only when they are selling to accredited investors. This new rule does not replace the old rule, which allowed a portion of the investors to be unaccredited. Rather, the new rule adds to the old rule.
Reconsidering Racial Bias in Motor Vehicle Searches: Theory and Evidence

In an influential paper in the February 2001 Journal of Political Economy, Knowles, Persico, and Todd present a model of police and motorist behavior in the context of vehicle searches and test it using data from Maryland. Their work marked a resurgence in interest on how to interpret purported evidence of statistical and racial discrimination. (For recent studies, see Hernandez-Murillo and Knowles [2004], Levitt [2004], Anwar and Fang [2006], Dominitz and Knowles [2006], and Persico and Todd [2006].) The main implication of the Knowles et al. model is that in the absence of racial discrimination, the proportion of searches yielding drugs (or “hit rate”) will be equated across races. A relatively low hit rate for any group suggests that police may improve their overall hit rate by shifting resources away from that group and is thus evidence toward discrimination. Using data on vehicle searches by the Maryland State Police (MSP), they find no bias against blacks relative to whites but significant bias against white females and particularly Hispanics (though both groups had limited observations: 41 white females and 97 Hispanics). An important feature of the data used by Knowles et al. is that they are limited to searches occurring on Interstate 95, which was also the focus of the racial profiling lawsuit filed against the MSP in 1993. Since
The Trouble with Treaties: Immigration and Judicial Review

Human rights activists describe United States deportation law and policy as draconian and unjust. Activists and everyday Americans are outraged that long-term lawful residents in the United States are being deported for minor criminal convictions. Often this criminal activity took place decades ago and did not constitute a deportable offense at the time. One might ask where are the courts and the Constitution. Why don’t the courts invalidate such deportations on the basis of well-established constitutional guarantees such as proportionality, family privacy, or protection against ex post facto laws? The primary answer resides in the Supreme Court’s plenary power doctrine. Consequently human rights activists and international law scholars have called for judges to review challenges to deportation decisions based on human rights treaty obligations. They do so in the hope that greater judicial enforcement of U.S. human rights treaty obligations will create a more robust judicial role in monitoring deportation decisions and undermine the strength and legitimacy of the plenary power doctrine. Although the position of human rights activists has surface appeal, I believe that it is fundamentally misguided because it fails to recognize the critical role that principles of judicial treaty enforcement played in the historical development of the plenary power doctrine. From the beginning of the republic through the mid-nineteenth century the federal government used treaties to regulate immigration. Part I of the Article shows that federal courts were highly reluctant to hold Congress or executive official accountable for treaty breaches. From this examination we can see that principles of treaty enforcement are not likely to inhibit the plenary power doctrine because they actually informed the very development of that doctrine. In Part II I show that those who believe that treaties can provide an effective basis for restricting the United States’ immigration power ignore significant challenges relating both to the status of the relevant treaties as well as the Court’s historical reluctance of enforce U.S. treaty obligations in the face of conflicting or contradictory federal action. The very real obstacles that I identify in Part II could be ameliorated, as I discuss, but that leads me in Part III to explore the most formidable hurdles to the effective use of treaties to create structures of judicial monitoring: the problems of indeterminacy and framing.
Using reciprocity to motivate organ donations.

More than 6,000 Americans die annually due to a shortage of organs for transplants. This article contends that the supply of donated organs could be increased (and thus many unnecessary deaths avoided) by the adoption of a policy of reciprocity, a kind of organ insurance. Those who committed to donate their organs at their death should be rewarded with a small preference in the event that they later need a transplant. Although this policy is opposed by those who hold that donations should be based solely on altruism, it would represent a form of reciprocal altruism and is consistent with the current United Network for Organ Sharing (UNOS) system of awarding 4 points to any patient seeking a kidney who has previously donated one and allowing paired exchanges. Increasing the supply of organs is already used as one of the justifications for the UNOS local first rule (whereby those located in the same local area as the donor are favored over better matches outside the area) and a reciprocity policy would likely represent a more effective means to that end. Just as time on waiting list is used today to help determine who receives an organ, time on willing donor list should also be a factor.
International Trade and Macroeconomic Dynamics with Heterogeneous Firms

We develop a stochastic, general equilibrium, two-country model of trade and macroeconomic dynamics. Productivity differs across individual, monopolistically competitive firms in each country. Firms face a sunk entry cost in the domestic market and both fixed and per-unit export costs. Only relatively more productive firms export. Exogenous shocks to aggregate productivity and entry or trade costs induce firms to enter and exit both their domestic and export markets, thus altering the composition of consumption baskets across countries over time. In a world of flexible prices, our model generates endogenously persistent deviations from PPP that would not exist absent our microeconomic structure with heterogeneous firms. It provides an endogenous, microfounded explanation for a HarrodBalassa-Samuelson effect in response to aggregate productivity differentials and deregulation. Finally, the model successfully matches several moments of U. S. and international business cycles.
Heterogeneous Learning and the Targeting of Marketing Communication for New Products

New product launches are often accompanied by extensive marketing communication campaigns. Firms' allocation decisions for these marketing communication expenditures have two dimensions---across consumers and over time. This allocation problem is different relative to the problem of allocation of resources for existing products. In the case of new products, consumers are uncertain about their quality and learn about the products through marketing communication. Furthermore, different consumers may have different rates of learning about product quality; i.e., there may be heterogeneous learning. Thus, consumer responsiveness to marketing communication could vary along two dimensions. For each consumer, this responsiveness would vary over time, as she learns about product quality. Across consumers, there would be differences in responsiveness in each time period. For optimal allocation of marketing communication across both consumers and time, firms would need estimates of how consumer responsiveness varies across consumers and over time. Past studies have typically focused on one of these two dimensions in which responsiveness varies. They have either looked at heterogeneity in responsiveness across agents or the variation in responsiveness over time. In the context of new products, past research has looked at how consumer learning about product quality causes responsiveness to vary over time. In this study, we build a model that allows for heterogeneous learning rates and obtain individual-level learning parameters for each consumer. We use a novel and rich panel data set that allows us to estimate these model parameters. To obtain individual-level estimates of learning, we add a hierarchical Bayesian structure to the Bayesian learning model. We exploit the natural hierarchy in the Bayesian learning process to incorporate it in the hierarchical Bayesian model. We use data augmentation, coupled with the Metropolis-Hastings algorithm, to make inferences about individual-level parameters of learning. We conduct this analysis on a unique panel data set of physicians where we observe prescription decisions and detailing (i.e., sales-force effort) at the individual physician level for a new prescription drug category. Our results show that there is significant heterogeneity across physicians in their rates of learning about the quality of new drugs. We also find that there are asymmetries in the temporal evolution of responsiveness of physicians to detailing---physicians who are more responsive to detailing in early periods are less responsive later on and vice versa. These findings have interesting implications for the targeting of detailing across physicians and over time. We find that firms could increase their revenue if they took these temporal and cross-sectional differences in responsiveness into account while deciding on allocations of detailing.