cssi/SciSciGPT-SciSciNet huggingface dataset:
Bishops v. Nuns in Jeeps - Why a Facially Intra-Catholic Health Care Dispute Matters

Catholic institutions have characteristics both as service-providers for large numbers of Americans and as citizens that engage in legislative advocacy with a uniquely nonpartisan voice. Because of this dual role, the Catholic Church’s approach to evaluating legislation matters on a broad scale, both to individual citizens and to institutions of different faith traditions. This is especially the case with the debate surrounding the passage of the Patient Protection and Affordable Care Act (“PPACA”), which revealed a good deal about the content of the Church’s hierarchy of principles and its methods for evaluating proposed laws. The policy-making body of the U.S. Catholic Bishops (the United States Conference of Catholic Bishops or “USCCB”) scrutinized the PPACA primarily by means of a rigorous and transparent analytical method within the discipline in question — in this case, the law pertaining to statutory interpretation and to executive orders. The principles that the USCCB applied and upon which it relied in its analysis were threefold: 1) respect for life, 2) religious freedom, and 3) truth in love. In order to elucidate the USCCB’s method for evaluating legislation affecting human life and social welfare, this article examines USCCB documents issued in response to the PPACA as well as various documents of the universal Church, explains how the USCCB tested specific provisions of the PPACA against the principles in these documents, describes competing views of the bill, and comments on the strengths and weaknesses of the USCCB’s articulation of its principles and methods, particularly in light of current political and cultural trends.
Who Publishes in Comparative Politics? Studying the World from the United States

W ho publishes in the discipline's leading journals is a matter of in trinsic interest to political scientists. In deed, any discipline is first and foremost about the people who practice it. A focus on who publishes also raises important questions concerning the relationship be tween the characteristics of authors, such as their gender, seniority, institutional affiliation, and nationality, and the knowl edge they produce. Is who publishes asso ciated with what is published? Moreover, publications in leading journals are an important marker of professional status and a key conduit for the diffusion of ideas. This points to a further question: Do the top journals differ in terms of the authors and research they publish? To address these issues, we analyze the three leading U.S. journals dedicated fully or largely to comparative politics Comparative Political Studies, Compar ative Politics, and World Politics-over the 1989-2004 period.1 We focus on six
Forecasting the 2012 Presidential Election with the Fiscal Model

In March 2009, at a time when President Obama was basking in the glow of the honeymoon with the public every new president enjoys, I asked, “Will Barack Obama be a one-term president?” What prompted me to pose so impertinent a question at so hopeful a time was that the Office of Management and Budget was projecting that that year the federal government would spend 28% of gross domestic product (GDP). This amounted to a 7% point increase compared to the previous year, the largest peacetime one-year jump since 1930. The most recent estimate for 2012 is that federal outlays will take up 24.3% of GDP, up 3.5% points since 2008. This is the second-largest peacetime increase from one election year to the next since 1880, edged out only by Franklin D. Roosevelt's first-term surge of 3.6% points.
The For-Profit Postsecondary School Sector: Nimble Critters or Agile Predators?

Private for-profit institutions have become an increasingly visible part of the U.S. higher education sector. Within that sector, they are today the most diverse institutions by program and size, have been the fastest growing, have the highest fraction of nontraditional students, and obtain the greatest proportion of their total revenue from federal student aid (loan and grant) programs. They are, as well, the subjects of high-profile investigations and are facing major regulatory changes. Today’s for-profit postsecondary schools were preceded a century ago by a group of proprietary schools that were also responding to an explosion in demand for technical, vocational, and applied subjects. Business, managerial, and secretarial skills were in great demand in the late nineteenth and early twentieth centuries, and a multitude of proprietary institutions emerged that taught accounting, management, real estate, stenography, and typing. The numbers and enrollments of these institutions were greatly reduced when public high schools expanded and increased their offerings in the business and vocational areas. But many survived and morphed into some of the current for-profits, such as Blair College (established 1897; now part of Everest College), Bryant and Stratton College (1854),
ON ARBITRAGE AND DUALITY UNDER MODEL UNCERTAINTY AND PORTFOLIO CONSTRAINTS

We consider the fundamental theorem of asset pricing (FTAP) and the hedging prices of options under nondominated model uncertainty and portfolio constraints in discrete time. We first show that no arbitrage holds if and only if there exists some family of probability measures such that any admissible portfolio value process is a local super-martingale under these measures. We also get the nondominated optional decomposition with constraints. From this decomposition, we obtain the duality of the super-hedging prices of European options, as well as the sub- and super-hedging prices of American options. Finally, we get the FTAP and the duality of super-hedging prices in a market where stocks are traded dynamically and options are traded statically.
Grossman's Missing Health Threshold

We present a generalized solution to Grossman's model of health capital (1972), relaxing the widely used assumption that individuals can adjust their health stock instantaneously to an "optimal" level without adjustment costs. The Grossman model then predicts the existence of a health threshold above which individuals do not demand medical care. Our generalized solution addresses a significant criticism: the model's prediction that health and medical care are positively related is consistently rejected by the data. We suggest structural- and reduced-form equations to test our generalized solution and contrast the predictions of the model with the empirical literature.
The Impact of the Moseley Decision on Trademark Dilution Law

Abstract This article assesses the impact of the Supreme Court decision Moseley v. V Secret Catalogue Inc. on methods of proving trademark dilution in federal court. It also examines federal court decisions that have interpreted Moseley's rulings on trademark dilution. The article concludes that brand owners are most successful in federal court when the challenged junior user's brand is identical to the senior user's brand. In light of results that indicate that consumer surveys play a minimal role in post-Moseley cases and are susceptible to rejection by courts, this article suggests alternative survey approaches that could better satisfy the rigorous requirements of any foreseeable statutory regime.
"Am I My Brother's Keeper?": Requiring Landowner Disclosure of the Presence of Sex Offenders and Other Criminal Activity

Under common law principles, landowners do not have a duty to protect or warn others against the criminal activities of others that occur on their premises. However, the modern trend in tort law has been to hold landowners liable for injuries occurring on their premises if the criminal activity is reasonably foreseeable and, in some jurisdictions, also imminent. While quite a bit of case law has developed over recent years as to a landowner’s liability for criminal acts that have occurred on the premises, a landowner’s liability for failing to disclose potential harm from criminal activity to prospective tenants or property buyers has not been established. It has also not been established whether a landlord has the duty to screen prospective tenants to protect other tenants from criminal behavior or a duty to work other tenants of known criminal propensities of an existing tenant. Finally, it is not clear whether a landlord or landowner may refuse to rent or sell to a particular individual or disclose concerns about the criminal propensity of certain individuals to other tenants or property owners without being subject to tort liability or violations of fair housing act statutes.This Article explores the landowner liability issues of whether to disclose or warn others about future criminal activity that might occur on the premises in the future. Part II describes the historical development and recent trends in tort law of premises liability for the criminal acts of others. Part III addresses the issue of whether landowners have a duty to disclose or warn of premises susceptibility to criminal acts. Megan’s Law legislation, dealing with community notification about the presence of convicted sex offenders, raises a particular troublesome disclosure issue. Part IV examines landowner liability for refusing to rent or sell to individuals with criminal backgrounds or for disclosing to others the criminal propensity of a third party. The Article concluded by suggesting that landowners who are aware of reasonably foreseeable criminal activity against occupiers of their premises should have a duty to disclose this information to either prospective or existing occupiers, particularly when there is a potential danger of harm to children.
The consequences of minimum wage laws Some new theoretical ideas

Economists generally agree that the effect of a binding minimum wage law is to move firms backward along the demand curve for low skill workers. However, this prediction of worker displacement depends critically on the assumption that the productivity of firms' labor is not dependent on the wage. In this paper we show that in a conventional efficiency wage model, a minimum wage may increase the level of employment in low wage jobs. The formal logic of our model is similar to the case of labor demand under monopsony, but arises in a model with a large number of employers.
Made in Mexico: Energy reform and manufacturing growth☆

We assess the real effects of a recent opening of the energy sector in Mexico to private investment. We look at one particular channel, which operates through the change in the structure of electricity generation in favor of cheaper sources of energy, such as natural gas. We look at the potential impact of this structural change on electricity prices and ultimately on manufacturing output using subsector and state-level manufacturing output data. We first document that electricity prices—relative to oil and gas—are more important to the manufacturing sector, with a one-standard deviation reduction in those prices leading to a 2.8% increase in manufacturing output. This elasticity, together with estimated decreases in electricity prices on the back of the reform, could increase manufacturing output by up to 3.6%, and overall real GDP by 0.6%. Larger effects are possible in the long run if increased efficiency in the electricity sector leads to further decreases in electricity prices. There can also be larger effects stemming from output in the services sector which we find to also respond statistically significantly to electricity prices; and from the endogenous response of unit labor costs, which decrease with lower electricity prices.
Principles for Publicness

What duties does a “public” company owe investors, markets, and society? In the past ten years, Congress has alternately strengthened and diluted the disclosure and corporate governance regime that applies to public companies in the United States, but has never articulated a framework for what it means to be “public,” and how the obligations of “public” companies should reflect the needs of the constituencies whose financial and social interests they affect. As a result, firms fear that becoming public is an impediment to growth, and game gradations of publicness to avoid compliance burdens. In this manuscript, I propose reframing the regulation of public companies under U.S. securities law around three regulatory principles: suitability, efficiency, and representativeness. These principles — and associated tiers of regulation — will enable stock exchanges, investment banks, and other market intermediaries to shepherd companies toward heightened degrees of public exposure and accountability as their capital-raising needs evolve.
Discrimination and Deterrence with Enforcer Liability

Taste-based discrimination (i.e. discrimination due to racist preferences) receives more attention than statistical discrimination in the enforcement literature, because the latter allows enforcers to increase their “success rates.” I show here that when enforcers’ incentives can be altered via liabilities and rewards, all types of discrimination reduce deterrence. Moreover, adverse effects of statistical discrimination on deterrence are more persistent than similar effects due to taste-based discrimination. I identify crime minimizing liabilities and rewards when enforcers engage in racial discrimination and consider the robustness of the analysis in alternative settings.
Asymmetric Country-of-Origin Effects on Intraindustry Trade and the International Quality Race

A model of North–South intraindustry trade in quality differentiated products is proposed to examine the role of country-of-origin reputation in determining the competitive edge of emerging industries. It is shown that if consumers rationally harbor negative expectations about the quality of Southern products, economic progress in either the North or the South shifts the terms of trade against Southern exports, and worsens Southern producers' incentive to produce high-quality products. In addition, the paper illustrates the role of income redistributive policies in shifting consumer's demand in favor of Southern high-quality products.
On Justifying Punishment: The Discrepancy Between Words and Actions

This article reveals a discrepancy between the actual and stated motives for punishment. Two studies conducted with nationally representative samples reveal that people support laws designed on the utilitarian principle of deterrence in the abstract, yet reject the consequences of the same when they are applied. Study 1 (N = 133) found that participants assigned punishment to criminals in a manner consistent with a retributive theory of justice rather than deterrence. The verbal justifications for punishment given by these same respondents, however, failed to correlate with their actual retributive behavior. Study 2 (N = 125) again found that people have favorable attitudes towards utilitarian laws and rate them as “fair” in the abstract, but frequently reject them when they are instantiated in ways that support utilitarian theories. These studies reveal people’s inability to know their own motivations, and show that one consequence of this ignorance is to generate support for laws that they ultimately find unjust.
Keep muddling through

What is the ground by virtue of which the discipline of International Relations (IR) may claim authoritative knowledge of its subject? Why should officials charged with making policy consult and even defer to the findings, the forecasts, the expert advice of mere scholars? Why aren’t the practitioners of international politics - career diplomats, statesmen - held (as much by themselves as by us) to be the reigning experts? The answer is obvious: IR lays claim to ‘knowledge in its most stringent sense and in its highest form’ through ‘adherence to the standard of knowledge’, (Bueno de Mesquita, 1985: 123, emphasis added) that is, to the scientific standard. Only this claim to dignity makes it conceivable that men of affairs would give ear to prognostications regarding the outcome of this election or the results of that policy, especially when those predictions seem contrary to their plain view of things or ‘gut feelings’.
Does Combat Experience Foster Organizational Skill? Evidence from Ethnic Cleansing during the Partition of South Asia

Can combat experience foster organizational skills that engender political collective action? We use the arbitrary assignment of troops to combat in World War II to identify the effect of combat experience on two channels that change local ethnic composition and future political control: ethnic cleansing and co-ethnic immigration. During the Partition of South Asia, we find that ethnically mixed districts whose veterans were exposed to greater combat exhibited greater co-ethnic immigration and minority ethnic cleansing, with minority out-migration achieved with lower loss-of-life. Further, where ethnic groups had been in complementary economic roles or the minority received greater combat experience, there was less ethnic cleansing. We interpret these results as reflecting the strategic role of ethnic cleansing and co-ethnic immigration by groups seeking political control and the role of combat experience in enhancing organizational skills at credibly threatening violence and engaging in collective action.
The Paradox of Voting and the Ethics of Political Representation

It is often claimed that voting is irrational. This article argues that this claim is false. That voting is irrational seems to follow from rational choice models which highlight (a) that voting has costs for each voter (time, transportation, etc.), and (b) that the likelihood that any voter’s vote will be pivotal in favor of her preferred candidate is incredibly small. For any individual voter, voting seems an unwise investment: taking on the costs associated with voting for the incredibly small chance that she will affect the outcome of the election. This gives rise to a “paradox” of voting. These two compound propositions both seem true but also seem incompatible with each other: P1: (a) individuals have a reason to vote that is based on the difference their vote might make to the electoral outcome, and (b) it is often reasonable for individuals to vote for this reason P2: (a) for any individual voter, there is only a very small chance that her vote will make a difference to the electoral outcome; and (b) the chance is so small that it would not be reasonable to vote for this reason I present a solution which rejects (P2). Rather than focus just on who gets elected, we do and should also care about how they get elected. The account developed in this paper highlights that each of us, each individual voter and non-voter, makes a difference through our voting behavior this feature of the electoral outcome: the strength of the elected representative’s manifest normative mandate. I argue that, if one supports a candidate, it is often rational to vote for that candidate because doing so contributes to the strength of the candidate’s manifest normative mandate. Increasing the strength of a candidate’s manifest normative mandate is worth caring about, if one supports that candidate, because representatives are more morally justified in acting as trustees, rather than as delegates, as their manifest normative mandate increases. If one supports a candidate, one ought to want that candidate to be morally justified in acting as a trustee. Therefore, if one supports a candidate, it will generally be rational for one to vote for that candidate. The article presents the normative mandate account of voting, explains how the account works, and explains why individual voters would be rational in caring about strengthening – even by just one vote – the manifest normative mandate of those candidates whom they support. Along the way, I will also show how this account provides a resolution of what has been called “the central classic controversy in the literature of political representation.” The central controversy: “should (must) a representative do what his constituents want . . . or should (must) he be free to act as seems best to him in pursuit of their welfare?” As I will argue, the answer to this question will vary depending on the strength of a representative’s manifest normative mandate.
VARIABILITY OF ACTIVE GALACTIC NUCLEI FROM THE OPTICAL TO X-RAY REGIONS

Some of the progress in understanding the variability of active galactic nuclei (AGNs) from the optical to X-ray regions is reviewed. Although, where there is a clear correlation between variations in the two regions, the optical radiation lags the X-rays, simple reprocessing of the X-ray radiation to produce significant amounts of longer-wavelength continua seems to be ruled out. In a couple of objects where there has been correlated X-ray and optical variability, the amplitude of the optical variability has exceeded the amplitude of the X-ray variability. We suggest that the factor linking the X-ray and optical regions might not be irradiation, but accelerated particles striking matter (as in activity in the solar chromosphere). The diversity in optical-X-ray relationships at different times in the same object, and between different objects, could be explained by evolving differences in local geometry, and by changing directions of motion relative to our line of sight. Linear shot-noise models of the va...
Firm Performance and Mechanisms to Control Agency Problems between Managers and Shareholders

This paper examines the use of seven mechanisms to control agency problems between managers and shareholders. These mechanisms are: shareholdings of insiders, institutions, and large blockholders; use of outside directors; debt policy; the managerial labor market; and the market for corporate control. We present direct empirical evidence of interdependence among these mechanisms in a large sample of firms. This finding suggests that crosssectional OLS regressions of firm performance on single mechanisms may be misleading. Indeed, we find relationships between firm performance and four of the mechanisms when each is included in a separate OLS regression. These are insider shareholdings, outside directors, debt, and corporate control activity. Importantly, the effect of insider shareholdings disappears when all of the mechanisms are included in a single OLS regression, and the effects of debt and corporate control activity also disappear when estimations are made in a simultaneous systems framework. Together, these findings are consistent with optimal use of each control mechanism except outside directors.
Socialist Psychology Values and Motivations

The thesis of this paper is that the values and motivations underlying socialism are very different, and depend upon the types of socialism under consideration. With regard to what I shall label coercive socialism, e.g., socialism in the sense of which the word is currently used, 1 the antecedents are envy, greed, power lust, ignorance, resentment, and lack of knowledge of even the most elementary aspects of economics. As concerns voluntary socialism, the phrase I have chosen to connote such cooperative organizations as the kibbutz, the / monastery, the family, this is essentially animated by benevo­ lence, altruism and empathy for our fellow human creatures. Since the most remarkable or provocative aspect of this thesis is that there are actually not one but rather two varieties of socialism, section I is devoted to an explication, elaboration and defense of this claim. Section II explores the basis of voluntary socialism and III does so for the coercive counterpart to this philosophy.
Does Mandatory Adoption of IFRS Improve Accounting Quality? Preliminary Evidence

We provide evidence on the preliminary effects of mandatory adoption of International Financial Reporting Standards (IFRS) on accounting quality for a relatively broad set of firms from 20 countries that adopted IFRS in 2005 relative to a benchmark group of firms from countries that did not adopt IFRS matched on the strength of legal enforcement, industry, size, book-to-market, and accounting performance. Relative to these benchmark firms, we find that IFRS firms exhibit significant increases in income smoothing and aggressive reporting of accruals, and a significant decrease in timeliness of loss recognition; however we do not find significant differences across IFRS and benchmark firms in meeting or beating earnings targets. Our findings contrast with findings in earlier studies which suggest that IFRS adoption leads to increased accounting quality. Our findings primarily hold for firms in strong enforcement countries, which suggests that enforcement mechanisms in these countries were not able to counter the initial effects of greater flexibility in IFRS relative to domestic GAAP.
From Coase to Collaborative Property Decision-Making: Green Economy Innovation

This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision-making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human rights and environment fields can advance both and enhance resilience.
The Second Paycheck to Keep Up with the Joneses: Relative Income Concerns and Labor Market Decisions of Married Women

This paper provides a simple model and an empirical test of the effect of interpersonal income comparisons on labor supply. By focusing on the relative income of a full-time working man and its effect on the wife’s labor supply decision, we examine the role of relative income in labor supply decisions while avoiding the endogeneity problem that plagues the relative income–labor supply connection. The results show that the relative income of husbands plays an important role in the labor supply decisions of married women. The effects are economically meaningful and robust across various measures of relative income and reference groups.
CLIMATE CHANGE MITIGATION AND THE GLOBAL ENERGY SYSTEM

Global climate change mitigation policy is at a near standstill. There seems to be no near-term prospect of meaningful global action to stabilize greenhouse gas concentrations at levels that avoid harmful increases in global average temperatures and associated climate changes and negative impacts. This current state of affairs has triggered a great deal of scholarly work on the question of how to move forward.' The fact that global climate change mitigation policy (mitigation) is stalled has been widely proclaimed. Major business as usual forecasts of the long-term future global energy picture indicate that the world will fall short of achieving climate mitigation goals, as
Impact of Reseller's Forecasting Accuracy on Channel Member Performance

This article studies a three-layer supply chain where a manufacturer sells a product through a reseller who then relies on its own salesperson to sell to the end market. The reseller has superior capability in demand forecasting relative to the manufacturer. We explore the main trade-offs between the risk-reduction effect and the information–asymmetry–aggravation effect of the improved forecasting accuracy. We show that under the optimal wholesale price contract, both the manufacturer and the reseller are always better off as the reseller's forecasting accuracy improves. Nevertheless, under the menu of two-part tariffs, the manufacturer prefers the reseller to be either uninformed or perfectly informed about the market condition. We further find that the improved forecasting accuracy is beneficial for the reseller if its current forecasting system is either very poor or very good.
Ignore the Rumors - Campaigning from the Pulpit is Okay: Thinking Past the Symbolism of Section 501(c)(3)

* Associate Professor of Law, Texas Tech University School of Law. The author would like to thank Professors Bryan Camp, Vaughn james, and Marilyn Phelan of Texas Tech University School of Law and Darin N. Digby, Esq., Shareholder, Schoenbaum, Curphy & Scanlan, P.C., for their thoughts and suggestions. He also would like to thank Professor jill S. Manny, Executive Director of the National Center on Philanthropy and the Law, New York University School of Law, for her invaluable guidance throughout the years. All errors, however, are claimed as his own. 1. Branch Ministries v. Rossotti, 211 F.3d 137, 142 (D.C. Cir. 2000) (upholding the only reported revocation of a church's tax exemption for campaigning). Although the Christian Echoes Nat'l Ministry, Inc. v. United States, 470 F.2d 849 (10th Cir. 1972), case did not involve a church (but rather a religious broadcasting and publishing company), it is sometimes cited as a campaigning church case. See, e.g., Amy R. Murphy, Revisiting Restrictions on Politicking from the Pulpit, TAX'N EXEMPTS, Mar./Apr. 2005, at 230. 2. This Article uses the term "church" and "churches" to mean bona fide religious congregations, regardless of the particular religion of the congregation's participants. This follows the usage in the INTERNAL REVENUE SERVICE, TAX GUIDE FOR CHURCHES AND RELIGIOUS ORGANIZATIONS (2003) and also in the Internal Revenue Code of 1986, as amended (the "Tax Code"). For purposes of this Article, in any discussion of a church, I assume the church is self-governed and independent of any other organization(s) in terms of legal existence, governance, and tax status. How particular churches are governed will be determined by denominational structures, which are variable. This makes generalizations difficult and legally uncertain, as has been highlighted in the recent disputes between local congregations and their denominational hierarchy. See, e.g., Elizabeth Austin, Exodus, Numbers,Judges, LEGAL AFF., june 2004, at 65; Neela Banjeree, American Ruptures Shaking the Episcopal Church, N.Y. TIMES,
Atlantic Marine and the Future of Forum Non Conveniens

This Article explores the impact of the Supreme Court’s unanimous opinion in Atlantic Marine Construction Co. v. U.S. District Court on forum non conveniens doctrine. Although Atlantic Marine concerned a § 1404(a) transfer within the federal system, and therefore does not directly address forum-selection clauses pointing to foreign forums, the case will undoubtedly have an impact on how courts treat forum-selection clauses that point to a foreign forum. In this Article, I argue that the Atlantic Marine opinion relies on a strict coupling of § 1404(a) and forum non conveniens for its holding. As a result, lower courts will be more likely to conflate these two doctrines that had been slowly but surely developing on parallel tracks. This Article explains why merging or conflating § 1404(a) and the forum non conveniens doctrine is problematic, both as a general matter and as applied to the specific context of forum-selection clauses. It also demonstrates that the Court’s blunder is symptomatic of problems inherent in current interpretations and applications of the § 1404(a) and forum non conveniens doctrines.
Poverty and development thinking: synthesis or uneasy compromise?

This paper examines how the concept of poverty has waxed and waned within development thought and how these fluctuations have shaped development policy and action towards, or away from, direct goals of poverty reduction or eradication. It provides an overview of poverty in social thought; examines the contestations over how poverty analysis is positioned in development theory; charts the conceptual contestations around poverty; presents a brief history of poverty in development thought and action; looks at the contrasting geographies of contemporary poverty; and concludes by considering whether a synthesis is emerging from structuralist and liberal understandings of poverty at present, or merely an uneasy compromise, while each ?side? looks for a way to regain a dominant position.
Property as Entrance

One of the central values of private ownership in liberal property thought is its freedom-guaranteeing function. The precise mechanism by which private property rights accomplish this guarantee, however, is frequently left unexplored. When theorists discuss the issue, they often identify property's liberty-securing quality with the power that property confers upon its owner to exit from society into the protective cocoon of his stuff. This mechanism of property as exit draws its strength from an implicit assumption that people are the sorts of beings that can withdraw from social relations into the cocoon of their property. But there are reasons to think that withdrawal would be very costly for most people. As a consequence, the power of property to facilitate exit may be substantially weaker than is often assumed. In addition, scholars' affinity for property's exit function has obscured the degree to which property works, not solely as a means of facilitating withdrawal, but also as a crucial mechanism for tying individuals into social groups.
The Familiarity with and Perceived Quality of Accounting Journals: Views of Senior Accounting Faculty in Leading U.S. MBA Programs*

Abstract. Determining familiarity with and evaluating quality of accounting journals are of interest to various parties in accounting academia. In recent years, the number of accounting journals has grown, and many special-interest subgroups have arisen. This study surveys senior faculty at Business Week's “best 40 MBA programs” to determine their familiarity with and quality perceptions of 44 accounting journals. As to familiarity, 5 journals were nearly universally known, and a total of 15 had wide recognition. Financial, managerial, and auditing faculty exhibited similar familiarity patterns, while tax faculty had a somewhat different pattern. As to quality perceptions, relatively few journals achieved high quality evaluations. There was, however, general consensus across the different subject-area faculty as to the top journals. Special consideration was given to the newer (post-1980) journals. Six of the 19 newer journals in the study achieved high familiarity scores, and 3 achieved high quality evaluations. Resume. Le degre de connaissance des publications comptables et la perception de la qualite de ces publications sont des sujets qui interessent divers membres de la communaute universitaire œuvrant dans le domaine comptable. Depuis quelques annees, le nombre des publications comptables a augmente, et maints sous-groupes d'interet particuliers ont vu le jour. Les auteurs ont realise un sondage aupres de professeurs d'experience enseignant dans le cadre des quarante meilleurs programmes MBA repertories par Business Week, afin de determiner dans quelle mesure ils connaissaient 44 publications comptables et quelle etait leur perception de la qualite de ces publications. En ce qui a trait a la connaissance, 5 publications sont presque universellement connues et 15 au total ont un grand rayonnement. Les professeurs de finance, de gestion et de verification ont affiche des profils de connaissance analogues, tandis que les professeurs de fiscalite presentaient un profil quelque peu different. Quant a la perception, de la qualite, relativement peu de publications ont obtenu la cote ≪ qualite elevee ≫. L'on a cependant observe un consensus general chez les professeurs des differentes disciplines ers ce qui a trait aux publications de prestige. Une attention particuliere a ete accordee aux publications plus recentes (posterieures a 1980). Six des 19 publications plus recentes de l'etude ont obtenu une cote elevee relativement au degre de connaissance, et 3 d'entre elles ont obtenu une cote elevee relativement a la qualite.
Unity and Pluralism in Contract Law

It is a cliche of contemporary legal scholarship that, in the last few decades, the study of law has witnessed a vast proliferation of competing theoretical approaches. The old faith in the careful honing of doctrinal concepts and the essential usefulness of legal analysis has given way to a cacophony of competing theoretical sects.' Economists, moral philosophers, sociologists, historians, and others have stepped forward to offer the insights of this or that discipline as a new and superior path to legal enlightenment. Perhaps nowhere has this clich6 been truer than in the realm of contracts scholarship, where, for a generation, the competing disciplinary approaches have been energetically proselytizing for their chosen theories. Hence, modern legal scholarship abounds with economic, philosophical, and sociological theories of contract law. Most contracts scholars take one of two basic approaches. On one side stand those who, while acknowledging the usefulness of the new theoretical tools, remain unconverted to any of them. With lawyerly pragmatism, they remain skeptical of unifying theoretical enterprises. Human experience and the law are too complex for academic reductionism, they argue, and "a good gray compromise" of competing principles and policies2 is the best that we can hope for. On
Elite influence on public opinion in an informed electorate

An enduring concern about democracies is that citizens conform too readily to the policy views of elites in their own parties, even to the point of ignoring other information about the policies in question. This article presents two experiments that undermine this concern, at least under one important condition. People rarely possess even a modicum of information about policies; but when they do, their attitudes seem to be affected at least as much by that information as by cues from party elites. The experiments also measure the extent to which people think about policy. Contrary to many accounts, they suggest that party cues do not inhibit such thinking. This is not cause for unbridled optimism about citizens' ability to make good decisions, but it is reason to be more sanguine about their ability to use information about policy when they have it.
Earnings management and deregulation: The case of motor carriers

Abstract This study investigates the discretionary accounting choices of federally-regulated interstate motor carriers during the period in the late 1970s when the U.S. government successfully deregulated the industry. We predict that motor carriers were likely to use income-decreasing earnings management to lessen the public perception of excessive industry profits and thus to avoid deregulation that during this period of heightened political cost. We test this hypothesis on a sample of publicly-traded, federally-regulated motor carriers using Dechow et al.’s (1995) accruals model, augmented as a fixed-effects model ( Key, 1997 , Han and Wang, 1998 ) with separate controls for performance ( Kothari et al., 2005 ) and for measurement error caused by mergers, acquisitions and discontinued operations ( Hansen, 1999 , Collins and Hribar, 2002 ). We compare accruals during the political-cost deregulation period of 1975–1979 against benchmark periods before and after industry deregulation. For all benchmark periods, we find evidence that motor-carrier firms managed earnings to reduce reported income in the later years of the deregulation period. This is the period when federal efforts shifted from administrative decisions that eased entry barriers and derailed collusive price setting to legislative efforts to deregulate the industry. These findings add to our understanding of accounting choices that influence political processes.
Max Mosley and the English Right to Privacy

Mosley v. News Group Newspapers marked a landmark moment for the English right to privacy for several reasons, which this Note explores in four sections. Part I illustrates how Mosley’s recovery for invasion of privacy is at odds with centuries of English common law and marks the triumph of a movement that has circumvented prior judicial and legislative refusals to recognize such a stand-alone right. Part II explains how, despite England’s long history of denying a privacy tort’s existence, the last ten years have seen the necessary emergence and evolution of a de facto right to privacy under the influence of the European Convention on Human Rights. Part III analyzes the Mosley opinion itself: how it drew upon recent precedent, how it extends that precedent, and how it crystallizes the balancing test for privacy interests going forward. This section notes that Mosley is an atypical “landmark” case because the groundwork for the decision was laid down by earlier cases. This section also argues that the Mosley holding does not present the grave threat to the press feared by the media. Finally, Part IV addresses what may eventually be the lasting legacy of Mosley’s case: his failed appeal to the European Court of Human Rights in Mosley v. United Kingdom. In this section, I argue that the Mosley decision in the English court ought to be the furthest extent of this new right to privacy, and that the ECHR correctly recognized this in its recent opinion. Part IV concludes by discussing some of the dangers of Mosley’s demand for a system of prior notification and why the ECHR rejected such a requirement.
Water is and is not H2O

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Although this thought experiment was originally introduced to illuminate questions in the theory of reference, it has also played a crucial role in empirically informed debates within the philosophy of psychology about people’s ordinary natural kind concepts. Those debates have sought to accommodate an apparent fact about ordinary people’s judgments: Intuitively, the Twin Earth liquid is not water. We present results from four experiments showing that people do not, in fact, have this intuition. Instead, people tend to have the intuition that there is a sense in which the liquid is not water but also a sense in which it is water. We explore the implications of this finding for debates about theories of natural kind concepts, arguing that it supports views positing two distinct criteria for membership in natural kind categories – one based on deeper causal properties, the other based on superficial, observable properties.
Evolution of cooperation in asymmetric commons dilemmas

Abstract Field experiments with asymmetric commons dilemmas have shown that groups who are able to derive high social efficiency also had higher equity compared to groups who were not able to derive significant levels of social efficiency. These findings resemble the high productivity in long-lasting irrigation systems based on self-governance. We present an agent-based model based on cultural group selection that shows that the patterns observed in the field experiments can be evolved in cases where agents participate regularly in less challenging symmetric public good dilemmas. These results indicate that cooperation in asymmetric dilemmas can evolve and persist when the agents contend with other social dilemmas than the asymmetric dilemmas.
The use and misuse of biomedical data: is bigger really better?

Very large biomedical research databases, containing electronic health records (EHR) and genomic data from millions of patients, have been heralded recently for their potential to accelerate scient...
A Theory of How and Why Central-Bank Culture Supports Predatory Risk-Taking at Megabanks

This paper applies Schein’s model of organizational culture to financial firms and their prudential regulators. It identifies a series of hard-to-change cultural norms and assumptions that support go-for-broke risk-taking by megabanks that meets the everyday definition of theft. The problem is not to find new ways to constrain this behavior, but to change the norms that support it by establishing that managers of megabanks owe duties of loyalty, competence, and care directly to taxpayers.
Up in Smoke: The Influence of Household Behavior on the Long-Run Impact of Improved Cooking Stoves

Laboratory studies suggest that improved cooking stoves can reduce indoor air pollution, improve health, and decrease greenhouse gas emissions in developing countries. We provide evidence, from a large-scale randomized trial in India, on the benefits of a common, laboratory-validated stove with a four-year follow-up. While smoke inhalation initially falls, this effect disappears by year two. We find no changes across health outcomes or greenhouse gas emissions. Households used the stoves irregularly and inappropriately, failed to maintain them, and usage declined over time. This study underscores the need to test environmental technologies in real-world settings where behavior may undermine potential impacts.
Currency undervaluation and sovereign wealth funds : a new role for the World Trade Organization

Two aspects of global imbalances - undervalued exchange rates and sovereign wealth funds - require a multilateral response. For reasons of inadequate leverage and eroding legitimacy, the International Monetary Fund has not been effective in dealing with undervalued exchange rates. This paper proposes new rules in the World Trade Organization to discipline cases of significant undervaluation that are clearly attributable to government action. The rationale for WTO involvement is that there are large trade consequences of undervalued exchange rates, which act as both import tariffs and export subsidies, and that the WTO's enforcement mechanism is credible and effective. The World Trade Organization would not be involved in exchange rate management, and would not displace the International Monetary Fund. Rather, the authors suggest ways to harness the comparative advantage of the two institutions, with the International Monetary Fund providing the essential technical expertise in the World Trade Organization's enforcement process. There is a bargain to be struck between countries with sovereign wealth funds, which want secure and liberal access for their capital, and capital-importing countries, which have concerns about the objectives and operations of sovereign wealth funds. The World Trade Organization is the natural place to strike this bargain. Its General Agreement on Trade in Services, already covers investments by sovereign wealth funds, and other agreements offer a precedent for designing disciplines for these funds. Placing exchange rates and sovereign wealth funds on the trade negotiating agenda may help revive the Doha Round by rekindling the interest of a wide variety of groups.
The Underrepresentation of Women of Color in Law Review Leadership Positions

The pipeline for women of color joining the law review and ascending into law review leadership positions, such as EIC, is one such site of legal education worth exposing. Part I introduces the problem by examining the limited research that shows a significant underrepresentation of women and people of color in law review leadership positions and by explaining the significance of such research. Part II explores the possible causes of this unfortunate phenomenon by uncovering the challenges that women of color face in obtaining law review leadership positions. Finally, Part III offers potential solutions for increasing opportunities for women of color in obtaining law review leadership positions.