cssi/SciSciGPT-SciSciNet huggingface dataset:
The Timing of Maternal Work and Time with Children

The author investigates how maternal employment affects when during the day that employed mothers engage in enriching childcare and whether they adjust their work schedules to spend time with their children at more-desirable times of day. Using data from the American Time Use Survey and focusing on mothers of pre-school-aged children, he finds that both full- and part-time employed mothers shift enriching childcare time from workdays to non-workdays. On workdays, full-time employed mothers shift enriching care time to evenings, whereas part-time employed mothers shift care time very little. The author finds no evidence that mothers working full time adjust their work schedules to spend enriching time with their children at more preferred times of day. In contrast, part-time employed mothers shift their work hours to later in the day in order to spend time with their children at more-desirable times of day.
Optimism, delay and (in)efficiency in a stochastic model of bargaining

Abstract I study a bilateral bargaining game in which the size of the surplus follows a stochastic process and in which players might be optimistic about their bargaining power. Following Yildiz (2003), I model optimism by assuming that players have different beliefs about the recognition process. I show that the unique subgame perfect equilibrium of this game might involve inefficient delays. I also show that these inefficiencies disappear when players can make offers arbitrarily frequently.
Diabetes and labor market exits: Evidence from the Health & Retirement Study (HRS)

Abstract The objective of this paper is to estimate the effect of diabetes on labor market exit using longitudinal data from the 1992–2010 Health and Retirement Study (HRS). We estimate a discrete time hazard model to test whether diabetes affects the hazard of leaving employment among individuals who were working for pay at the age of 55–56. Using a probit model, we also estimate the effect of having undiagnosed or poorly controlled diabetes on the probability of labor market exit two years later. Our results indicate that diabetes is associated with an increased hazard of exiting the labor market for males, but not for females. This effect for males persists when we include controls for onset of other health conditions, two of which are documented complications of diabetes (stroke and heart conditions). We also find that diagnosed diabetes with medication use, regardless of whether or not it is under control, is associated with large negative effects on the likelihood of employment two years later.
Risk Avoidance, Cultural Discrimination, and Environmental Justice for Indigenous Peoples

This article begins with the recognition that environmental justice for Native peoples requires attention to the interrelated cultural, spiritual, social, ecological, economic, and political dimensions of environmental issues. It observes, moreover, that “environmental justice requires an appreciation of each tribe’s particular historical circumstances and contemporary understandings, including each group’s aspirations for the flourishing of its culture.” It contends that some environmental decision makers and commentators have increasingly come to embrace “risk avoidance” – strategies that call upon risk-bearers to alter their practices in order to avoid the risk of environmental harms – in lieu of risk reduction – strategies that require risk-producers to cleanup or eliminate contamination that gives rise to risks. After noting the perils of a shift to risk avoidance from the perspective of the general population, the article focuses on the environmental justice implications of such a shift. It explores the resulting injustice in terms of distributive inequity and cultural discrimination. It argues, first, that the burden of having to undertake avoidance measures, such as reducing one’s fish consumption to avoid mercury contamination or staying indoors to avoid ozone pollution, is likely to fall disproportionately on American Indian tribal members and other indigenous peoples, as well as on other communities of color and low-income communities. It argues, second, that risk avoidance is only likely to be the strategy of choice when the practice or lifeway to be altered is not valued or thought indispensable by members of the dominant society. Yet the values and cultural understandings of the dominant society will often be different, sometimes profoundly so, from those of indigenous peoples. Environmental policy that is inattentive to this observation, the article contends, will continue to perpetuate cultural discrimination.
Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases

Empirical legal studies have become increasingly popular and influential, but empirical analysis is only as good as its tools. Until recently, no sophisticated measure of case outcomes existed. Jacobi (2009) developed three possible measures of case outcomes, based on three common theories of how Justices balance the trade-off between outcome optimization and coalition maximization. This Article extends Jacobi’s earlier theoretical work by empirically testing those competing measures of case outcomes. The competing measures are initially assessed against a dataset of over 8000 Supreme Court cases decided between 1953 and 2006. The measures are also assessed in a more targeted fashion in relation to Supreme Court intellectual property cases spanning the same period. The large-n data enables us to make statistically robust assessments, whereas the small-n data facilitates alternative measurement strategies and coherent doctrinal analysis. We find a viable measure of case outcomes exists that is reliable and valid. As well as suggesting the best means of scoring case outcomes, our results enhance scholars’ understandings of Supreme Court jurisprudence and inform the debate over how courts decide cases. ∗ Professor of Law, Northwestern University School of Law. E-mail: tjacobi@law.northwestern.edu. Assistant Professor of Law, DePaul University College of Law. E-mail: msag@depaul.edu. The authors would like to thank Judge Richard Posner, William Landes, Lee Epstein, James Lindgren and the participants at the Workshop on Judicial Behavior at the University of Chicago Law School for their generous comments and suggestions. EMPIRICALLY MEASURING SUPREME COURT CASES 2
Free Lunch for All! The Effect of the Community Eligibility Provision on Academic Outcomes

Abstract We analyze the effect of the Community Eligibility Provision (CEP), a universal free-lunch program, on elementary and middle school students' academic performance and attendance in the state of South Carolina. As part of the program, eligible schools can provide free lunches to all students, regardless of whether an individual student qualifies for free or reduced lunch. Using a difference-in-differences approach, we show that CEP leads to about 0.06 of a standard deviation increase in math test scores for elementary school students. We find smaller effects on reading scores and on middle school students. These effects also vary by student poverty, school poverty, and locality. In particular, we find students that were previously eligible for free lunches but not on other public assistance programs benefit the most from CEP. The results may suggest that the expansion of access to free lunch help improve students' academic outcomes.
WHEN AND WHY WORRY ABOUT REAL EXCHANGE RATE APPRECIATION? THE MISSING LINK BETWEEN DUTCH DISEASE AND GROWTH

We review the literature on Dutch disease, and document that shocks that trigger foreign exchange inflows (such as natural resource booms, surges in foreign aid, remittances, or capital inflows) appreciate the real exchange rate, generate factor reallocation, and reduce manufacturing output and net exports. We also observe that real exchange rate misalignment due to overvaluation and higher volatility of the real exchange rate lower growth. Regarding the effect of undervaluation of the exchange rate on economic growth, the evidence is mixed and inconclusive. However, there is no evidence in the literature that Dutch disease reduces overall economic growth. Policy responses should aim at adequately managing the boom and the risks associated with it.
Universal Human Rights: A Generational History

Outlines history of human rights as passing through three historical phases with critical commentary as to the limits of that typology.
A Laboratory Investigation of Compliance Behavior under Tradable Emissions Rights: Implications for Targeted Enforcement

This paper uses laboratory experiments to test the theoretical observations that both the violations of competitive risk-neutral firms and the marginal effectiveness of increased enforcement across firms are independent of differences in their abatement costs and their initial allocations of permits. This conclusion has important implications for enforcing emissions trading programs because it suggests that regulators have no justification for targeting their enforcement effort based on firm-level characteristics. Consistent with the theory, we find that subjects’ violations were independent of parametric differences in their abatement costs. However, those subjects that were predicted to buy permits tended to have higher violation levels than those who were predicted to sell permits. Despite this, we find no statistically significant evidence that the marginal effectiveness of enforcement depends on any firmspecific characteristic. We also examine the determinants of compliance behavior under fixed emissions standards. As expected, we find significant differences between compliance behavior under fixed standards and emissions trading programs.
Identity and off-diagonals: how permanent winning coalitions destroy democratic governance

The growing preoccupation with identity within public discourse raises important questions concerning its effects on democratic governance. Building on the work of James M. Buchanan, we hope to show that (1) the logic of identity politics raises costs to political cooperation, (2) the phenomenon of identity politics flows from the larger rents associated with the identity group formation and (3) that the rent race has deleterious consequences, i.e., the subversion of democratic governance. The incentives of coalitions to define themselves along identity-related lines threatens democratic governance by enabling the formation of permanent winning coalitions. Without the ability to move between groups and take part in democratic governance, individuals who compose the permanent losing coalitions may choose to defect entirely, immersing the system in tribal violence.
Don't know, don't kill : Moral ignorance, culpability, and caution

This paper takes on several distinct but related tasks. First, I present and discuss what I will call the “Ignorance Thesis,” which states that whenever an agent acts from ignorance, whether factual or moral, she is culpable for the act only if she is culpable for the ignorance from which she acts. Second, I offer a counterexample to the Ignorance Thesis, an example that applies most directly to the part I call the “Moral Ignorance Thesis.” Third, I argue for a principle—Don’t Know, Don’t Kill—that supports the view that the purported counterexample actually is a counterexample. Finally, I suggest that my arguments in this direction can supply a novel sort of argument against many instances of killing and eating certain sorts of animals.
Fraley v. Facebook: The Right of Publicity in Online Social Networks

This note delves into the tension between privacy and newsworthiness as exemplified by the way the right of publicity straddles the line between these conflicting concepts. Additionally, the Note examines the weaknesses in the current right of publicity law’s limited focus on economic harm as applied in Fraley v. Facebook and considers alternative approaches that incorporate non-economic harm, along with the implications and applicability of such alternatives. Moreover, this Note places a special emphasis on how the tension between privacy and newsworthiness takes on a new form in light of changing technology — specifically online social networks — and on resolving this tension in the context of the new types of fora that the Internet provides.
Mandatory Versus Voluntary Disclosure of Product Risks

We analyze a model in which firms are able to acquire information about product risks and may or may not be required to disclose this information. We initially study the effect of disclosure rules assuming that firms are not liable for the harm caused by their products. Although mandatory disclosure obviously is superior to voluntary disclosure given the information about product risks that firms possess —since such information has value to consumers — voluntary disclosure induces firms to acquire more information about product risks because they can keep silent if the information is unfavorable. The latter effect could lead to higher social welfare under voluntary disclosure. The same results hold if firms are liable for harm under the negligence standard of liability. Under strict liability, however, firms are indifferent about revealing information concerning product risk, and mandatory and voluntary disclosure rules are equivalent.
Unintended Consequences: Prohibitions on Gamete Donor Anonymity and the Fragile Practice of Surrogacy

Prohibitions on anonymous egg and sperm donations are a growing international trend. U.S. law does not prohibit anonymous gamete donations. However, an expanding movement is advocating a shift to an open identity regime that will ban anonymity. My earlier study of three jurisdictions: Sweden, Victoria (Australia) and the United Kingdom, which adopted prohibitions on gamete donor anonymity, showed that these prohibitions played a role in creating shortages in egg and sperm supplies. Adoption of prohibitions on anonymity in the United States could result in similar shortages. This Article focuses on the potential effects of prohibitions on anonymity on the practice of surrogacy. The practice of surrogacy in the United States is highly dependent on donor eggs. Unlike most jurisdictions that prohibit gamete donor anonymity, the majority of U.S. states that permit surrogacy, distinguish between gestational and traditional surrogacy. These states provide legal certainty only to gestational surrogacy while leaving traditional surrogacy in a legal limbo. Infertility practitioners endorse the legal preference for gestational surrogacy. Donor eggs are used only in gestational surrogacy but not in traditional surrogacy. In traditional surrogacy, the surrogate uses her own eggs and is the genetic mother of the conceived baby. However, in gestational surrogacy, the eggs of the intended mother or a donor are used and the surrogate is not the genetic mother. The Article advises that a shift toward an open identity system in the United Stares should be considered with extra caution because of the potential consequences to the practice of surrogacy. Prohibitions on gamete donor anonymity causing a scarcity in donor eggs could force a return to traditional surrogacy, with the accompanying legal uncertainty. Alternatively, the legal uncertainty enveloping traditional surrogacy could deter those in need of surrogacy from seeking it altogether thereby significantly contracting the practice of surrogacy.
Tax Avoidance and the Implications of Weak Internal Controls

I examine whether corporate tax avoidance is associated with internal control weaknesses (ICWs) disclosed under the Sarbanes-Oxley Act (SOX). ICWs disclosed under SOX are frequently related to a firm's tax function. When pervasive ICWs exist, the likelihood increases that these frequent tax-related ICWs spill over from financial reporting issues to tax avoidance objectives. Thus, my research helps corporate stakeholders understand the implications of internal controls beyond simply financial reporting objectives. Results indicate that, on average, firms with a tax-related ICW have a 4 percent higher three-year cash effective tax rate relative to firms without any such weaknesses. Further estimates reveal that this negative relation stems from pervasive, company-level tax ICWs. Analysis of remediation suggests a causal link. I find that after remediating tax-related ICWs, firms report higher levels of tax avoidance in the future. Broadly, these findings support that internal control quality represents a proxy for internal governance, and thus the strength of alignment between managers and shareholders. Furthermore, tax-related internal controls represent an important underlying determinant of tax avoidance with significant cash flow effects, and implications beyond financial reporting.
Empirical Legal Studies Before 1940: A Bibliographic Essay

The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period prior to World War II. This article is an extensive bibliographic essay that surveys the English-language empirical legal research from approximately 1940 and earlier. The article is arranged around the themes in the research: criminal justice, civil justice (general studies of civil litigation, auto accident litigation and compensation, divorce, small claims, jurisdiction and procedure, civil juries), debt and bankruptcy, banking, appellate courts, legal needs, legal profession (including legal education), and judicial staffing and selection. Accompanying the article is an extensive bibliography of research articles, books, and reports.
Stock Splits as a Manipulation Tool: Evidence from Mergers and Acquisitions

We document that acquiring firms are more likely than nonacquiring firms to split their stocks before making acquisition announcements, especially when acquisitions are financed by stock and when the deals are large. Our findings support the hypothesis that some acquiring firms use stock splits to manipulate their equity values prior to acquisition announcements. Using earnings quality as a proxy for firms’ intention to manipulate, we find that acquirers with low earnings quality (i.e., acquirers that are more likely to use stock splits to manipulate their stock values) have lower long-run stock returns compared with their benchmarks, especially when the deals are financedwithstock.Incontrast,acquirerswithhighearningsqualitydonotshowthatpattern.Our evidence complements and extends the findings in the literature that some acquirers manipulate their stock prices before stock-swap acquisitions. This study suggests that target shareholders should use information such as earnings quality and stock splits to discriminate among acquirers
Conditioning Information and Variance Bounds on Pricing Kernels

Gallant, Hansen, and Tauchen (1990) show how to use conditioning information optimally to construct a sharper unconditional variance bound (the GHT bound) on pricing kernels. The literature predominantly resorts to a simple but suboptimal procedure that scales returns with predictive instruments and computes standard bounds using the original and scaled returns. This article provides a formal bridge between the two approaches. We propose an optimally scaled bound that coincides with the GHT bound when the first and second conditional moments are known. When these moments are misspecified, our optimally scaled bound yields a valid lower bound for the standard deviation of pricing kernels, whereas the GHT bound does not. We illustrate the behavior of the bounds using a number of linear and nonlinear models for consumption growth and bond and stock returns. We also illustrate how the optimally scaled bound can be used as a diagnostic for the specification of the first two conditional moments of asset returns. Copyright 2004, Oxford University Press.
The Origins of Due Process in India: The Role of Borrowing in Personal Liberty and Preventive Detention Cases

This paper explores the origins of the anomalous development of substantive due process in the Indian Supreme Court in the area of personal liberty and preventive detention cases, given that the framers of the Indian Constitution deliberately chose to omit a due process clause to preclude substantive due process jurisrpudence. It proceeds to examine the important role of judicial "borrowing" in this process, in which justices relied on foreign precedent and legal scholarship, as well as international legal norms, to help overcome constitutional constraints. The paper analyzes personal liberty and preventive detention cases in order to gain a better understanding of the processes by which judges employ borrowing to advance "universalist" (versus particularist) legal norms, and then seeks to generalize from the Indian case by proposing a theoretical approach for understanding how judicial borrowing can be understood as a dynamic process that changes over time in new developing constitutional systems.
Reconceptualizing informed consent in an era of health care cost containment.

This article considers how to preserve patient rights to full information about medical treatment options in an increasingly cost-sensitive health care environment. The article takes the position that current trends in the health care market provide incentives for physicians and insurers to economize on information as well as on care, such as by failing to disclose treatments that will not be covered by a patient's insurance. While most commentators have assumed that such nondisclosure violates the law of informed consent, the answer is far less clear. Historically, the law's protection of information regarding treatment alternatives has been tenuous, and many elements of the informed consent cause of action remain problematic for plaintiffs. Thus, while the failure to disclose noncovered alternatives may be a clear violation of the spirit of informed consent, it may not in fact violate the law in any particular jurisdiction. In sum, the traditional law of informed consent is ill-equipped to address failures to disclose treatment alternatives. The article argues that preserving patient self-determination in this new health care environment will require a reconceptualization of informed consent: a move away from pure tort law or consumer protection strategies and toward a more coherent regulatory approach, such as the use of the professional disciplinary structure to enforce the physician's obligation to disclose.
Segmented Rankings for Segmented Markets

This commentary will be published in volume 81, issue 1 of the Indiana Law Journal. The commentary responds to papers submitted to the Symposium on The Next Generation of Law School Rankings held at the Indiana University School of Law-Bloomington. From the commentary: "I argue that the underlying problem with the existing rankings regime is the assumption that law schools compete in a single, unified market, and that it is thus appropriate to impose a national ranking on all the schools. I propose that a segmented rankings system, one that is more consistent with the way the market for legal education actually functions, will better serve the relevant constituencies."
U.S. takeovers in foreign markets: Do they impact emerging and developed markets differently?

Abstract We investigate the effect that U.S. acquisitions of targets in emerging and developed countries have on the targets' rivals by measuring their stock price reaction to the acquisition announcement. On average, emerging market rivals react positively to these acquisitions while the reaction in developed markets is insignificant. In developed markets, the main factors explaining the reaction of rival firms are individual rival characteristics such as rival size, efficiency, growth opportunities, and leverage. In contrast, in emerging markets, country, industry, and acquisition characteristics such as economic development, shareholder protection, and the target's public status, industry, and percent acquired, play a more important role.
Interactive Visual Argument: Online News Graphics and the Iraq War

AbstractVisual images mediated through the Web are no longer static—increasingly, they are offered as an interactive experience that invites and requires user assent and participation. Through a New York Times Internet graphic focused on the Iraq War, this paper examines how interactive images demand a rethinking of current theories of visual argument. Some starting points are offered. This paper argues that interactive visual images do not allow for engagement in the public sphere, but merely facilitate self-argument and self-deliberation. A critical approach is considered regarding interactive images and public deliberation.
The Judicial Power and the Inferior Federal Courts: Exploring the Constitutional Vesting Thesis

The Third Branch of our federal government has traditionally been viewed as the least of the three in terms of the scope of its power and authority. This view finds validation when one considers the extensive authority that Congress has been permitted to exercise over the Federal Judiciary. From the beginning, Congress has understood itself to possess the authority to limit the jurisdiction of inferior federal courts. The Supreme Court has acquiesced to this understanding of congressional authority without much thought or explanation. It may be possible, however, to imagine a more robust vision of the Judicial Power through closer scrutiny of the history and text of Article III of the U.S. Constitution. The Constitution vests Judicial Power of the United States exclusively in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This Article reviews historical evidence that reveals that delegates to the Federal Convention considered and rejected language that would have given Congress express authority to manipulate the jurisdiction of inferior federal courts. This fact, coupled with repeated indications by the Framers and by the delegates to state ratifying conventions that the independence of the Judicial Branch from each of the other branches was of paramount importance, may give some weight to an understanding of the Judicial Power that challenges-or at least may moderate- our understanding of Congress's authority to withhold from the inferior federal courts some portion of the Judicial Power vested in them under Article III.
THE EMISSION-LINE SPECTRA OF MAJOR MERGERS: EVIDENCE FOR SHOCKED OUTFLOWS ∗

Using a spectral decomposition technique, we investigate the physical origin of the high-velocity emission-line gas in a sample of 39 gas-rich, ultraluminous infrared galaxy mergers. Regions with shock-like excitation were identified in two kinematically distinct regimes, characterized by broad (σ > 150 km s^(–1)) and narrow linewidths (σ ≤ 150 km s^(–1)). Here, we investigate the physical origin of the broad emission, which we show is predominantly excited by shocks with velocities of 200-300 km s^(–1). Considering the large amount of extinction in these galaxies, the blueshift of the broad emission suggests an origin on the near side of the galaxy and therefore an interpretation as a galactic outflow. The large spatial extent of the broad, shocked emission component is generally inconsistent with an origin in the narrow-line region of an active galactic nucleus. The kinetic energy in the mass loss as well as the luminosity of the emission lines is consistent with the fraction of the supernova energy attributed to these mechanisms by shocked stellar winds. Since some shocks can be recognized in moderately high resolution, integrated spectra of nearby ultraluminous starbursts, the spectral fitting technique introduced in Soto & Martin may therefore be used to improve the accuracy of the physical properties measured for high-redshift galaxies from their (observed frame) infrared spectra.
Insurer Stock Price Responses to Hurricane Floyd: An Event Study Analysis Using Storm Characteristics

Abstract This research uses an event study methodology to examine the effect of Hurricane Floyd and the associated scientific and media releases on the market value of insurance firms. The research is unique in that information describing the development of the storm over time and space is incorporated to determine how the financial market reacted to changing news about a storm's characteristics. Key empirical results can be summarized as follows. Overall, there was a negative effect on insurer stock price changes around the synoptic life cycle of the storm; however, this effect was neither constant nor was it always negative on each day of the cycle. Significant market reaction to the news concerning the path and strength of the storm prior to the storm landfall was found. The results herein suggest that markets find reliable time-sensitive reports provided by the National Weather Service, the National Hurricane Center, and other media outlets to be valuable information.
Personnel Selection with Top‐Score‐Referenced Banding: On the Inappropriateness of Current Procedures

The method of selecting among job applicants using statistically based banding has been proposed over the last 10 years as a way to increase workforce diversity. The method continues to be reviewed by academics and considered by practitioners. Although the goal of increasing workforce diversity is important, statistical banding of scores remains controversial. We present a set of unique, statistically and theoretically based criticisms of a form of banding (top-score-referenced banding) that is widely used in hundreds of jobs in the public sector throughout the United States. We suggest that even within the premises of such banding, the wrong formula is used to estimate the standard error of measurement and standard error of the difference. One consequence is that too many individuals are labeled as essentially equal with respect to test scores. A related consequence is that test scores within a single band are statistically different and should therefore be treated as such for selection purposes. A more logically and statistically defensible procedure for responding to diversity concerns is to continue to attend to adverse impact issues at each step of the recruiting and test development process.
The Yale White‐Collar Crime Project: A Review and Critique

Why there is so much crime in America and how we can control it are the most salient issues in American criminology. Public opinion polls show that crime is among our leading social problems, if not our major domestic problem, and that Americans believe the criminal justice system has failed to successfully control it.1 Although common crimes may be at the forefront of both popular and academic consciousness of the crime problem,
The Rise and Fall of the American Jewish PhD

This paper is concerned with trends over the post-WWII period in the employment of American Jews as college and university teachers and in their receipt of the PhD. The empirical analysis, using multivariate regression analysis, is for PhD production from 1950 to 2004, and Jews are identified by the Distinctive Jewish Name (DJN) technique. Other variables the same, male DJN PhD production increased to about 1967 and then declined, while for DJN females it increased throughout the period. The ratio of DJN to all PhDs started to decline among men in the 1950s and continued thereafter, while among women the DJN share increased until about 1979, and then declined. Central roles are played in the regression analysis by variables for military conscription, the Korean and Vietnam Wars, and US government funding for research and development. These data are consistent with the hypothesis that discrimination against Jews in salaried professional and managerial occupations declined in the post-WWII period earlier in college and university teaching than in other sectors of the economy that do not require a PhD degree for employment.
Benchmarking commodity investments

While much is known about the financialization of commodities, less is known about how to profitably invest in commodities. We develop a four-factor asset pricing model of commodity returns. Our four-factor model prices both commodity spot and term risk premia in an intuitive manner related to investable portfolios. The straightforward construction of our factors is an improvement over previous models. Furthermore, our four-factor model prices commodity risk premia using both sorted portfolios and risk adjusted alphas as benchmarks. Thus, we feel it is an appropriate benchmark to evaluate commodity investment vehicles.