cssi/SciSciGPT-SciSciNet huggingface dataset:
A Tale of Two Decades: War Refugees and Asylum Policy in the European Union

The past twenty years have seen profound developments in the institutional competence of the European Union to address issues of migration and refugee status. The growth of the internal market, the expansion of passport-free travel, and the continuing arrival of individuals fleeing war or persecution led to the realization that a joint European approach to asylum seekers was necessary. Negotiations among the Member States have resulted in a Common European Asylum System. These European developments are largely unknown among refugee scholars, decision makers, and advocates in the United States. This article outlines the Common European Asylum System in order to broaden the policy debates concerning immigration and asylum in the United States. An examination of the five components of the Common European Asylum System - laws defining those who qualify for legal status, minimum standards for asylum procedures, basic conditions for accommodating asylum seekers awaiting decisions on their applications, temporary protection, and apportioning state responsibility for determining asylum claims - identifies both similarities and differences from the legal protection afforded asylum seekers in the United States. One of the major innovations of the common EU policy is the creation of an enforceable right of asylum for those who do not qualify as refugees but who can show substantial grounds for believing that they will suffer serious harm if returned to their country of origin. Known as subsidiary protection, EU law now requires the Member States to provide renewable residence permits to civilians at risk due to indiscriminate violence from armed conflict. In contrast to the United States, where individuals fleeing countries engulfed in armed conflict might, at best, be eligible to apply for the discretionary Temporary Protected Status, in the EU war refugees now have a judicially enforceable right to subsidiary protection. Moreover, in its first interpretation of this right, the European Court of Justice ruled that those seeking subsidiary protection need not produce evidence in every case that they have been singled out or targeted for harm. In overturning the Dutch government’s denial of a residence permit to an Iraqi citizen who had fled the violence in his Baghdad neighborhood, the ECJ affirmed the new avenue of protection for civilians fleeing situations of indiscriminate violence. The arguments of the litigants before the ECJ resonate with arguments familiar to advocates and policy makers in the United States. Although refugees from war zones currently fall outside the scope of the U.S. refugee laws, the broad interpretation of subsidiary protection adopted by the ECJ gives new hope to migrants forced from their homes by the scourge of war.
The Community Right to Counsel

Contrary to popular understanding, the Sixth Amendment right to counsel was originally a community right. The existing historical evidence reveals that what we now interpret as an individual right to counsel was, in the colonial era, commonly understood as a right that belonged to the general community. As a result, the conventional history is both incorrect and incomplete, misinforming our current jurisprudential and social understanding of the right to counsel. In response, this Article provides the missing historical and constitutional reasoning for the creation of the Sixth Amendment right to counsel. Critically, this collective right to counsel has import for our current regime of criminal punishment and sentencing. Since the Court has consistently relied on the colonial and Founding-era history to chart the boundaries of the modern right to counsel, we must fully understand the contours and ramifications of the historical right to counsel to plot our future path. Moreover, there are some important implications of my historical findings on the future of the right to counsel. I contend that when applied, the collective right to counsel has important implications for three aspects of the right to counsel: 1) self-representation; 2) appointed counsel; and 3) ineffective assistance of counsel, particularly in light of Padilla v. Kentucky. I conclude that invoking a collective right to counsel alongside an individual right to counsel would help ensure better outcomes for both criminal defendants and their communities.
A Class of Non-Gaussian State Space Models With Exact Likelihood Inference

The likelihood function of a general nonlinear, non-Gaussian state space model is a high-dimensional integral with no closed-form solution. In this article, I show how to calculate the likelihood function exactly for a large class of non-Gaussian state space models that include stochastic intensity, stochastic volatility, and stochastic duration models among others. The state variables in this class follow a nonnegative stochastic process that is popular in econometrics for modeling volatility and intensities. In addition to calculating the likelihood, I also show how to perform filtering and smoothing to estimate the latent variables in the model. The procedures in this article can be used for either Bayesian or frequentist estimation of the model’s unknown parameters as well as the latent state variables. Supplementary materials for this article are available online.
Behavioral Ethics: Can It Help Lawyers (And Others) Be Their Best Selves?

Using the principles of behavioral psychology and related fields, marketers have changed human behavior in order to increase sales. Governments have used these same principles to change human behavior in order to advance policy goals, such as increasing savings behavior or organ donations. This article surveys a significant portion of the new learning in behavioral ethics in support of the claim that by teaching behavioral ethics we have a realistic chance to improve the ethicality of human decisionmaking and actions. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 R I. A BRIEF HISTORY OF BEHAVIORAL PSYCHOLOGY AND RELATED FIELDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 R A. Behavioral-Based Policy Making . . . . . . . . . . . . . . . . . . . . . . 39 R B. Behavioral-Based Marketing . . . . . . . . . . . . . . . . . . . . . . . . . . 44 R C. Why Not Ethics Also? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 R II. KEYS TO ETHICAL ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 R A. Moral Awareness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 R 1. Framing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 R a. Can Individuals Resist Ethical Fading Caused by Framing? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 R b. Can Firms Minimize Ethical Fading Caused by Framing? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 R 2. Incrementalism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 R a. Can Behavioral Ethics Help People Resist Ethical Fading Caused by Incrementalism? . . . . . . . . . . . . . 56 R b. Can Behavioral Ethics Help Firms Minimize Ethical Fading Caused by Incrementalism? . . . . . . 57 R B. Moral Decision-Making . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 R 1. Self-Serving Bias . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 R a. Can Individuals Resist the Self-Serving Bias? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 R b. Can Firms and Other Organizations Help Employees Minimize the Self-Serving Bias? . . . . . . 66 R C. Moral Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 R 1. Rationalizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 R * Ed & Molly Smith Centennial Professor of Business Law, McCombs School of Business, University of Texas at Austin
Bank risk within and across equilibria

Abstract The global financial crisis highlighted that the financial system can be most vulnerable when it seems most stable. This paper models non-linear dynamics in banking. Small shocks can lead from an equilibrium with few bank defaults straight to a full freeze. The mechanism is based on amplification between adverse selection on banks’ funding market and moral hazard in bank monitoring. Our results imply trade-offs between regulators’ microprudential desire to shield individual weak banks and the macroprudential consequences of doing so. Moreover, limiting bank reliance on wholesale funding always reduces systemic risk, but limiting the correlation between bank portfolios does not.
Employment-contingent health insurance, illness and labor supply of women: Evidence from married women with breast cancer

We examine the effects of employment-contingent health insurance (ECHI) on married women's labor supply following a health shock. First, we develop a theoretical framework that examines the effects of ECHI on the labor supply response to a health shock, which suggests that women with ECHI are less likely to reduce their labor supply in response to a health shock, relative to women with health insurance through their spouse's employer. Second, we empirically examine this relationship based on labor supply responses to breast cancer. We find that health shocks decrease labor supply to a greater extent among women insured by their spouse's policy than among women with health insurance through their own employer, suggesting that ECHI creates incentives to remain working when faced with a serious illness.
A computable general equilibrium model of intergovernmental aid

Abstract This paper introduces a theoretical and a calibrated computable general equilibrium model of intergovernmental relations in which heterogeneous agents (i) are endowed with income and houses, (ii) are fully mobile between multiple jurisdictions, and (iii) vote in both local and state elections to determine local property and state income tax rates. Three different types of intergovernmental programs are analyzed: (i) redistributive revenue sharing, (ii) district power equalization and (iii) deductibility of local taxes. The approach facilitates a heretofore difficult comparative analysis in that it provides for integrated investigation of these programs in a single general equilibrium model.
Occupational self-selection in a labor market with moral hazard

Abstract This paper studies the determinants and implications of self-selection when firms imperfectly observe worker effort. The effects of the resulting moral hazard problem on the self-selection mechanism are analyzed in a model in which workers simultaneously choose an employment sector and an effort level. The implications of the model reveal that in the presence of moral hazard, workers’ effort decisions become an additional mechanism determining the pattern of selection into sectors. Workers’ sector-specific endowments impact sectoral allocation through their effect on workers’ comparative advantage as well as their effect on workers’ shirking propensity. The model is then used in an empirical application that analyzes workers’ self-selection into white collar and blue collar occupations. The estimation results, based on data from the National Longitudinal Survey of Youth, suggest that workers’ occupational self-selection leads to higher wages and lower dismissal rates in both occupations, compared to an economy in which workers are randomly assigned to each occupation. The difference in dismissal rates between the two occupations is driven by the higher expected productivity in the white collar sector. The positive effects of occupational sorting diminish as the labor market becomes increasingly characterized by moral hazard. Results also suggest that human capital investments in skills that are most relevant to blue collar jobs may generate higher wages and lower dismissal rates in both white collar and blue collar occupations.
Electronic Call Market Trading

Since Toronto became the first stock exchange to computerize its execution system in 1977, electronic trading has been instituted in Tokyo (1982), Paris (1986), Australia (1990), Germany (1991), Israel (1991), Mexico (1993), Switzerland (1995), and elsewhere around the globe. Quite likely, by the year 2000, floor trading will be totally eliminated in Europe, predominantly in favor of electronic continuous markets.
Overreach on the High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules

This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the three-mile band beyond the California coastline which marks the state's territorial boundary. This Comment argues that the Clean Air Act and MARPOL may preempt California’s regulations, but that the Submerged Lands Act does not. It further proposes that the Submerged Lands Act informs the analysis of whether general principles of maritime law - a federal common law that prohibits state regulation from interfering with the uniformity of federal maritime law in its interstate and international relations - preempt the Vessel Fuel Rules. It concludes that the Rules are likely preempted by the general maritime law because they substantially interfere with the federal interest in a uniform maritime law. This Comment argues that the Ninth Circuit’s panel decision in Pacific Merchant Shipping Association v. Goldstene, 639 F.3d 1154 (9th Cir. 2011), erred by affording California’s regulations a presumption against preemption because such a presumption is not generally afforded where state regulations bear upon maritime commerce. This Comment provides a comprehensive lens through which to view the application of case precedent and federal maritime law principles to state environmental regulations where such regulations are enforced in navigable waters beyond state boundaries.
The New Normal Ten Years In: The Job Market for New Lawyers Today and What it Means for The Legal Academy Tomorrow

Despite record-low general unemployment and a strong economy, the graduating law-school Class of 2017 entered a much smaller and more constrained labor market than existed ten years before. Overall, the number of entry-level, strongly law-related jobs (“Law Jobs”) that the Class of 2017 obtained was 26% lower than the Class of 2007, and remains at levels not seen since the early 1990s. The only reason that greater proportions of the graduating class are obtaining Law Jobs than in recent years is the dramatic decrease in the number of students attending law school since 2010. Examination of the various sectors of the entry-level Law Jobs market shows that no sector produces more Law Jobs today than it did in 2007. That said, some sectors’ hiring shrank more than others. While there are fewer entry-level Law Jobs overall today than in 2007, there were no drastic changes in the non-law-firm sectors’ share of all Law Jobs or of the graduating class. Among private law firms, it is the smallest (2-10 lawyers) and the largest (over 500 lawyers) that have reduced their entry-level hiring least. In addition, a look at the pattern of entry-level hiring in the ABA’s “JD Advantage” category (referring to jobs that are law-related but do not require a law license) provides quantitative evidence that many of these positions have long been, and remain, distinctly less preferred by and less satisfying to new graduates than conventional law practice. These findings call into doubt comments touting work that is merely law-related as the future of the profession, and suggest that most law schools would be wise to concentrate on preparing their students for practice. For reasons explained in detail, there is no reason to believe that any of these patterns will change in the foreseeable future. Overall, this implies that the steady and rapid entry-level legal-employment growth common from the 1970s through the mid-2000s is over, and a stable “New Normal” has established itself. This New Normal likely will see only gradual growth in entry-level Law-Jobs hiring at rates roughly equal to the growth rates of the domestic population and economy — about 1%-2% per year overall. These changes impose a straitened perspective on the recent increase in applicants to law school in the 2017-2018 admissions cycle, the first meaningful increase since 2010. Given that any substantial expansion in the need for new lawyers is unlikely, any continued improvement in the employment prospects of new law graduates at most law schools will be dependent on keeping entering-class sizes steady or making them smaller. Law schools that grow without a specific and quantifiable basis to predict commensurate expansion in particular labor markets that they directly serve risk diluting their graduates’ employment outcomes, with corresponding adverse effects on their life and career prospects, as well as the reputation of the institution.
Reference point effects in legislative bargaining: experimental evidence

Recent interest in reducing budget deficits raises questions regarding the impact on legislative bargaining of cuts versus increases in government spending. Using an experimental design where the outcomes are theoretically isomorphic results in significant differences in bargaining outcomes: There are longer delays in reaching agreement with cuts than with increases, along with which legislative types get their proposals passed. These results can be attributed to a change in agents’ reference point in conjunction with differential responses to gains versus losses.
Dynamic radio spectra from two fireballs

We present dynamic spectra from the LWA1 telescope of two large meteors (fireballs) observed to emit between 37 and 54 MHz. These spectra show the first ever recorded broadband measurements of this newly discovered VHF emission. The spectra show that the emission is smooth and steep, getting very bright at lower frequencies. We suggest that this signal is possibly emission of Langmuir waves and that these waves could be excited by a weak electron beam within the trail. The spectra of one fireball displays broadband temporal frequency sweeps. We suggest that these sweeps are evidence of individual expanding clumps of emitting plasma. While some of these proposed clumps may have formed at the very beginning of the fireball event, others must have formed seconds after the initial event.
Consumer policy in Latvia

As part of the legislative programs to facilitate the transition to a market economy, the governments of Eastern European States and the former Soviet Union have begun enacting comprehensive consumer protection acts. These statutes have taken a variety of forms, and frequently have drawn upon the experiences of the West for guidance. The Latvian Consumer Law is a noteworthy example that takes consumer rights seriously. This paper analyzes the strengths and weaknesses of the statute, with particular emphasis on the compatibility of its provisions with EU norms. The Law addresses most of the core issues in contemporary consumer policy — including product and service liability, warranty, unfair terms, information disclosure, enforcement, and the role of consumer organizations — in a manner that could serve well as a model for other economies in transition.
Expected utility with uncertain probabilities theory

This paper introduces a model of decision making under ambiguity by extending the Bayesian approach to uncertain probabilities. In this model, preferences for ambiguity pertain directly to probabilities such that attitude toward ambiguity is defined as attitude toward mean-preserving spreads in probabilities—analogous to the Rothschild–Stiglitz risk attitude toward mean-preserving spreads in outcomes. The model refines the separations between tastes and beliefs, and between risk and ambiguity. These separations are crucial for the measurement of the degree of ambiguity and for the elicitation and characterization of attitudes toward ambiguity, thereby providing an empirically and experimentally applicable framework.
Preserving the Peace: The Continuing Ban on War Between States

The history of international law is, in large part, about the development of restraints on states' right to resort to force in dealing with external conflicts. Today, states may use force only in self-defense to an armed attack or with Security Council authorization. Even in these cases, states may use force only as a last resort, and then only if doing so will not disproportionately harm civilians, their property, or the natural environment. These rules restricting force are found in treaties (especially the United Nations Charter), customary international law, and the general principles of international law. In other words, the three primary sources of international law yield important rules restricting the use of force. The rules on use of force, like all international law rules, are binding on states for the same reason the law of any jurisdiction binds - because it is accepted as law by the community. The following remarks on the rules regulating the use of force are divided into three parts. Part I provides a brief history and overview of the current rules on the use of force. Part II applies these rules to assertions that the United States could lawfully attack Iran today. Part III then discusses why these rules are binding as law and answers arguments to the contrary. These remarks will, therefore, touch on the past, present, and future of the law on the use of force to preserve the peace between states.
Lawyers Judging Experts: Oversimplifying Science and Undervaluing Advocacy to Construct an Ethical Duty?

My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys—and this is what the proponents of a duty to vet experts expect—to do sufficient scientific research to create their own reliability controversy, make a determination as to the ultimate reliability of their own experts, and face ethical sanctions if they err is going too far. While it is easy to choose examples that support a compelling argument for a responsibility to vet experts, the complexity of the scientific enterprise, in terms of its diverse methodologies, probabilistic conclusions, and genuine scientific disagreements, counsels against a broad, new ethical duty. Indeed, some of the arguments for that new duty seem to rest on unrealistic assumptions about science and the ease with which reliability determinations can be made. Moreover, a broad duty to vet experts would represent a serious and problematic departure from the lawyer’s role as an advo-
Redesigning U.S. Intercollegiate Athletics to Better Conform with UNESCO’s Best Practices in Student Affairs

This paper calls for the massive redesign of intercollegiate athletics departments in the United States (U.S.) in light of their widespread and fundamental failure to serve a bona fide student affairs mission, and their prevalent practice of placing the college’s commercial motives above the financial and educational needs of studentathletes. The first section of this paper discusses the general purpose and functions of student affairs departments within the broader context of higher education. The next two sections of this paper then explore the shortcomings of U.S. intercollegiate athletics departments to conform to these general purposes and functions. Finally, this paper proposes a bifurcated solution to reform U.S. intercollegiate athletics, which enables a small number of U.S. colleges to shift toward a true commercial sports business model, with the overwhelming majority of U.S. colleges, by contrast, adopting a true, non-commercial sports model.
Taxable income as a performance measure: The effects of tax planning and earnings quality

Extant research suggests that book-tax differences are useful measures in evaluating firm performance. There is little evidence, however, regarding taxable income as an alternative performance measure to book income. We examine firm characteristics that mitigate or enhance the ability of taxable income to inform investors regarding firm performance and document that the relative information content of taxable income to book income is significantly lower for high tax planning firms and significantly higher for low earnings quality firms relative to all other firms. Our results suggest that tax planning and low earnings quality have contrasting effects on the information content of taxable income. These findings are pertinent to recent research examining book-tax differences as a measure of discretion or earnings quality and taxable income as an alternative performance measure, as well as the recent debate on book-tax conformity.
An exercise to evaluate an anti-poverty program with multiple outcomes using program evaluation

To measure the effectiveness of programs with multiple outcomes, I combine multidimensional poverty measures with difference-in-difference matching estimators. I apply this technique on an anti-poverty program and show it is a more comprehensive measure of poverty reduction than a unidimensional measure.
Looking Forward to Diversity in Legal Academia

The landmark book Presumed Incompetent lays a politically deep and structurally solid foundation for further investigation into faculty diversity. Looking across disciplines and encompassing women of color from a variety of race/ethnic backgrounds, the book collects vignettes, personal narratives, empirical analysis, and theoretical ruminations on the current state of academia, with an interdisciplinary lens focused on women of color. In the past decade, emerging scholarship has reported on diversity in the natural sciences, engineering, and the social sciences. Yet, few empirical studies have investigated diversity among law faculty, and none have focused on women of color as the primary subjects of study. Drawing from Presumed Incompetent and the few existing studies of law faculty diversity, this Article proposes a new direction for future research. The Diversity in Legal Academia (DLA) study will empirically investigate faculty diversity using mixed methods and an intersectional perspective. The central research questions focus on the unique benefits and challenges facing female law professors of color, including concerns about promotion and tenure, work-life balance, and leadership opportunities. This Article also discusses the analytical approach best suited to test the specific hypotheses proposed for future study. † Associate Professor, Thomas Jefferson School of Law. The author thanks Carmen Gonzalez, Angela Onwuachi-Willig, Catherine Albiston, Herma Hill Kay, Karla Erickson, and Linda Pololi for helpful advice and feedback on the study design, literature, and methodology discussed in this Article. Rudy Hasl also supported this project. Versions of this Article were presented at various conferences and benefited from the feedback received at the 2013 Association of American Law Schools Annual Meeting, the Spring 2013 Southern California Junior Faculty Workshop, and the March 2013 Berkeley Journal of Gender, Law & Justice symposium dedicated to Presumed Incompetent. 23 LOOKING FORWARD TO DIVERSITY FINAL 6-3-2014.DOCX (DO NOT DELETE) 6/3/2014 5:05 PM LOOKING FORWARD TO DIVERSITY IN LEGAL ACADEMIA 353 ABSTRACT 352 352 INTRODUCTION 354 I.DIVERSITY BY THE NUMBERS 356 Table 1 358 Table 2 359 Table 3 361 Table 4 363 Table 5 363 II.DOCUMENTED LAW FACULTY EXPERIENCES 364 A. Themes from the Classics 367 1. Representation 367 2. Professional (E)Quality 368 B. Contemporary Themes 370 1. Hostile Climate 372 2. Institutional Bias 373 III.THE DLA STUDY DESIGN 375 A. Study Population and Research Questions 377 1. Sample 377 2. Research Questions 378 B. Data Collection Methods & Analytical Approach 378 1. Data Collection 378 2. Data Analysis 382 IV.FUTURE DIRECTIONS FOR DIVERSITY IN LEGAL ACADEMIA 382 A. Hypothesis #1: Unique Challenges in Work/Life Balance 383 B. Hypothesis #2: Ongoing Institutional Bias/Structural Discrimination 384 C. Hypothesis #3: Unique Benefits Based on Race and Gender ........ 385 V.CONCLUSION 386 23 LOOKING FORWARD TO DIVERSITY FINAL 6-3-2014.DOCX (DO NOT DELETE) 6/3/2014 5:05 PM 354 BERKELEY JOURNAL OF GENDER, LAW & JUSTICE
Jury Size in Classical Athens: an Application of the Condorcet Jury Theorem

SUMMARY Jury composition varied greatly in the courts of classical Athens. A simple theoretical model of collective decisionmaking is developed, which is an extension of the Condorcet Jury Theorem. The determinates of optimal group size are analyzed. The results are used to explain the size of juries in classical Athens along with the variation in their membership.
ARCH in the G7 Equity Markets: A Speculative Explanation

This paper explores whether speculative activity can,in practice,generate the ARCH- type behavior found in .nancial time series.Specifically,G7 equity marke indices are examined for evidence of a dynamic whereby speculative interest is self-sustaining, that is,markets can become 'hot'. A straightforward model,taken from Faruqee and Redding [9 ],generates some testable implications of the idea.Tests of the model on the data show that not only does he model offer an explanation for volatility clustering,but also can be considered a statistical improvement on standard GARCH representations.
Seeing the non-stars: (Some) sources of bias in past disambiguation approaches and a new public tool leveraging labeled records

Abstract To date, methods used to disambiguate inventors in the United States Patent and Trademark Office (USPTO) database have been rule- and threshold-based (requiring and leveraging expert knowledge) or semi-supervised algorithms trained on statistically generated artificial labels. Using a large, hand-disambiguated set of 98,762 labeled USPTO inventor records from the field of optoelectronics consisting of four sub-samples of inventors with varying characteristics ( Akinsanmi et al., 2014 ) and a second large, hand-disambiguated set of 53,378 labeled inventor records corresponding to a subset of academics in the life sciences ( Azoulay et al., 2012 ), we provide the first supervised learning approach for USPTO inventor disambiguation. Using these two sets of inventor records, we also provide extensive evaluations of both our algorithm and three examples of prior approaches to USPTO disambiguation arguably representative of the range of approaches used to-date. We show that the three past disambiguation algorithms we evaluate demonstrate biases depending on the feature distribution of the target disambiguation population. Both the rule- and threshold-based methods and the semi-supervised approach perform poorly (10–22% false negative error rates) on a random sample of optoelectronics inventors – arguably the closest of our sub-samples to what might be expected of the majority of inventors in the USPTO (based on disambiguation-relevant metrics). The supervised learning approach, using random forests and trained on our labeled optoelectronics dataset, consistently maintains error rates below 3% across all of our available samples. We make public both our labeled optoelectronics inventor records and our code to build supervised learning models and disambiguate inventors (see http://www.cmu.edu/epp/disambiguation ). Our code also allows users to implement supervised learning approaches with their own representative labeled training data.
Setting Retail Staffing Levels: A Methodology Validated with Implementation

Problem definition: How should retail staffing levels be set? While cost of labor is well understood, the revenue implications of having the right staffing level are hard to estimate. Moreover, the...
Corporate governance antecedents to shareholder activism: A zero‐inflated process

Research summary: Shareholder activism has become more widespread, yet the role of corporate governance as antecedent to shareholder activism remains equivocal. We propose a new conceptual model that characterizes the stochastic of observable shareholder activism as a compound product of two latent components representing (1) shareholder activists' propensity to target a company and (2) executives' propensity to settle activists' demands privately. Our model explicitly decouples corporate governance expectations for the two latent components embedded in activism process, and thus allows us to relax assumptions of homogenous shareholder interests and constrained managerial discretion where corporate managers are expected to negotiate privately and settle only value-creating activist demands. Bayesian analysis of zero-inflated Poisson regression reveals that corporate governance relationships with activism vary across shareholder demands and private settlements. Managerial summary: Increasing shareholder activism has generated debates as to whether activism promotes managerial accountability and responsibility or instead encourages managerial short-termism. Our research model allows for heterogeneous interests among a company's shareholders. We theorize and empirically investigate a broader role of corporate governance: governance mechanisms need to ensure that executives are not (1) ignoring activists' value-increasing demands or (2) accommodating activists' value-decreasing demands in a private, opaque manner that disenfranchises other shareholders. Our results indicate that corporate governance implications differ for visible shareholder demands in contrast with private activism. A plausible application of our model is that it provides estimates of the probability of the numbers of shareholder demands to be received by a firm and the probability of privately settling a demand. Copyright © 2015 John Wiley & Sons, Ltd.
Facilitating Development: The Role of Business Groups

Abstract A defining characteristic of developing countries is the inadequacy of basic services normally required to support organized economic activity. One way in which the private sector acts to facilitate development is through investments orchestrated by agglomerations of firms called business groups. Such groups dominate the landscape of virtually all developing countries. Our study of plant location decisions in India shows that group-affiliates are more likely to (profitably) locate in less-developed states than unaffiliated firms; the magnitude of this “group effect” is large and significant. Furthermore, this result is stronger for more recent location decisions that are less likely to have been driven by political economy considerations. We suggest that this is because the scale and scope of groups, and the de facto property rights enforcement within groups in environments where legal enforcement is lacking, permit them to overcome some of the difficulties that impair production in underdeveloped regions.
Prods and Pleas: Limited Government in an Era of Unlimited Harm

Not just a system of checks and balances ideally tuned to constrain collective political action, the constitutional division of authority also may be seen as a system of “prods and pleas” in which distinct governmental branches and actors can push each other to entertain collective political action when necessary. Though prods and pleas are an inversion of the assumed direction of checks and balances, they are not a radical reconfiguration of the basic structure and principles of American government. Rather, they are limited government’s failsafe: a latent capacity inherent to a system of divided authority that does and should activate when the external pressures of a changing world threaten the sustainability of disaggregated governance. By understanding and embracing their role in the shadow logic of prods and pleas, judges and other public officials can protect limited government by, when necessary, counteracting its potential to overprefer passivity. Through the case study of climate change nuisance litigation, we examine how three potential obstacles to merits adjudication—the political question doctrine, standing, and implied preemption—should be evaluated in recognition of the significance of prods and pleas. We conclude that federal and state tort law provide an important defense mechanism that can help limited government sustain itself in the face of climate change and other dramatic twenty-first century threats, where the nature of the threat is, in large part, a function of limited government itself. As a residual locus for the airing of grievances when no other government actor is responsive to societal need, the common law of tort is a—and perhaps the—paradigmatic vehicle for the expression of prods and pleas. Although climate change plaintiffs still face long odds on the actual merits of their claims, judges would sell short their institutional role if they dismissed such claims as categorically beyond the proper domain of the courts and the common law. They would duck and weave when they should prod and plead. authors. Benjamin Ewing is a doctoral student in the Department of Politics, Princeton University. He received his J.D. from Yale Law School in 2011. Douglas A. Kysar is the Joseph M. Field ’55 Professor of Law, Yale Law School. For valuable discussion and comments on earlier drafts, the authors are grateful to participants of the Colorado-Duke Climate Change Law & Policy Works-in-Progress Symposium, a faculty workshop at Yale Law School, a meeting of the New York area torts group, and a seminar on advanced torts taught at Yale in the spring of 2010. They also appreciate the outstanding editorial assistance of Alex Platt and his colleagues at The Yale Law Journal.
A darker side to decentralized banks: Market power and credit rationing in SME lending ☆

Abstract We use loan-level data to study how the organizational structure of banks impacts small business lending. We find that decentralized banks—where branch managers have greater autonomy over lending decisions—give larger loans to small firms and those with “soft information.” However, decentralized banks are also more responsive to their own competitive environment. They are more likely to expand credit when faced with competition but also cherry pick customers and restrict credit when they have market power. This “darker side” to decentralized banks in concentrated markets highlights that the level of local banking competition is key to determining which organizational structure provides better lending terms for small businesses.
The Exclusion of Hearsay through Forfeiture by Wrongdoing—Old Wine in a New Bottle—Solving the Mystery of the Codification of the Concept into Federal Rule 804(b)(6)

The development of modern rules of evidence has been a process of putting old wine into new bottles. That is, many of the old common law rules and notions of evidence have been codified into modern day state and federal evidence codes. This article examines one such recent codification of a common law concept, forfeiture by wrongdoing, into the Federal Rules of Evidence and seeks to determine whether such codification was really necessary. The Federal Rules of Evidence, used in federal courts and adopted by many states, Puerto Rico, and the military are a codification of many years of common-law evidence rules. The rules concerning hearsay have been codified in the Federal Rules of Evidence at Article VIII. The Rules recognize twenty-eight standard exceptions to the hearsay rule. In addition, a number of "nonhearsay" exceptions are also recognized. Furthermore, Congress adopted Rules 803(24) and 804(b)(5), as residual hearsay exceptions. These two rules allow introduction of hearsay statements not specifically covered by any of the named exceptions but having circumstantial guarantees of trustworthiness if the court determines that certain stated conditions are met. In 1997, Congress amended the hearsay rules in two significant ways. First, the residual hearsay rules of Rule 803(24) and Rule 804(b)(5), were combined into one new Rule 807.6 Then, in 1997 Congress added a new provision, Rule 804(b)(6), which excluded forfeiture by wrongdoing from hearsay. The promulgation of this new rule was another case of putting old wine into a new bottle. In common terms, the rule established the proposition that a defendant may not benefit from his or her wrongful prevention of future testimony from a witness or potential witness. According to its drafters, Rule 804(b)(6) was intended as a prophylactic rule to deal with abhorrent behavior which strikes at the heart of the system of justice itself. That is, the killing of witnesses or other wrongdoing that might prevent a witness from testifying at trial. The concept of forfeiture by wrongdoing of hearsay statements has existed as a policy argument in American law for over 100 years. The questions are: 1) Was it really necessary to codify the concept of forfeiture by wrongdoing into the Federal Rules of Evidence; and 2) If it was in fact necessary to do so, why did it take so long? The purpose of this Article is to answer these two questions, by providing law students, prosecutors, defense attorneys, and other legal practitioners a contextual analysis of the forfeiture by wrongdoing concept. To accomplish this, the Article will survey the historical cases which first applied the forfeiture doctrine; examine the legislative history of the amendment; and then survey the reported cases since the 1997 Rule 804(b)(6) amendment.
Merger arbitrage short selling and price pressure

Abstract We evaluate the over-valuation hypothesis and merger arbitrage price pressure hypothesis as potential explanations for the observed negative returns to stock acquirers around merger announcement. Using daily shorting flow data, we show that the majority of the negative announcement returns can be attributed to price pressure induced by merger arbitrage short selling. Additional analysis of shorting activity and associated returns for floating-exchange-ratio stock acquirers at deal closings and among withdrawn stock deals further supports merger arbitrage price pressure explanation. We also find merger arbitrage activity increases with estimated arbitrage spread on a daily basis. As a whole, the results suggest that merger arbitrageurs play a critical role in stock mergers.
Carbon Tariffs: Effects in Settings with Technology Choice and Foreign Production Cost Advantage

Emissions regulation is a policy mechanism intended to address the threat of climate change. However, the stringency of emissions regulation varies across regions, raising concerns over carbon leak...
The performance impact of strategic corporate real estate in franchise organizations

Purpose – The purpose of this paper is to analyze the effect of corporate real estate (CRE) asset ownership on the performances of franchise organizations.Design/methodology/approach – Using data on all available US public franchise companies, the paper measured the effect of CRE ownership on the risk and return characteristics of franchise firms.Findings – Unlike previous findings that show negative performance effects of CRE ownership in general, the paper shows positive effects for franchise organizations.Research limitations/implications – Although the paper includes all available public franchises in the sample, the sample size is still limited.Practical implications – The results show how CRE ownership can impact the long‐term performances of franchise organizations.Originality/value – While most of the CRE literature focuses on theory, the paper offers positive empirical evidence of the importance of CRE ownership.
Banking Crises: An Equal Opportunity Menace

Abstract The historical frequency of banking crises is similar in advanced and developing countries, with quantitative parallels in both the run-ups and the aftermath. We establish these regularities using a dataset spanning from the early 1800s to the present. Banking crises weaken fiscal positions, with government revenues invariably contracting. Three years after a crisis central government debt increases by about 86%. The fiscal burden of banking crisis extends beyond the cost of the bailouts. We find that systemic banking crises are typically preceded by asset price bubbles, large capital inflows and credit booms, in rich and poor countries alike.
Economists have no defense: A critical review of national defense in economics textbooks

National defense is the textbook example of a public good. In order to understand how economists present public goods to undergraduates, we analyze 50 texts from across three widely taught undergraduate economics courses: principles of economics, intermediate microeconomics, and public finance. We find that textbooks overwhelmingly present national defense as a public good and rarely mention the possibility of government failure. This leaves students with an incomplete and biased exposure to the government provision of public goods. We reconsider some of the main assumptions associated with the standard treatment of national defense as the quintessential public good and discuss opportunities for educators to better prepare students as economists and citizens.
Do safeguard tariffs and antidumping duties open or close technology gaps

Abstract This paper examines how the country-breadth of tariff protection can affect the technology adoption decisions of both domestic import-competing and foreign exporting firms. The contribution of the analysis is to show how firm-level technology adoption changes under tariffs of different country-breadth. I show that a country-specific tariff like an antidumping duty induces both domestic import-competing firms and foreign exporting firms to adopt a new technology earlier than they would under free trade. In contrast, a broadly-applied tariff like a safeguard can accelerate technology adoption by a domestic import-competing firm, but will slow-down technology adoption by foreign exporting firms. Because safeguard tariffs can delay the foreign firm's adoption of new technology, the worldwide welfare costs associated with using them may be larger than is generally believed.