cssi/SciSciGPT-SciSciNet huggingface dataset:
Modeling the Enceladus plume-plasma interaction

[1] We investigate the chemical interaction between Saturn's corotating plasma and Enceladus' volcanic plumes. We evolve a parcel of ambient plasma as it passes through a prescribed H2O plume using a physical chemistry model adapted for water-group reactions. The flow field is assumed to be that of a plasma around an electrically-conducting obstacle centered on Enceladus and aligned with Saturn's magnetic field, consistent with Cassini magnetometer data. We explore the effects on the physical chemistry due to: (1) a small population of hot electrons, (2) a plasma flow decelerated in response to the pickup of fresh ions, and (3) the source rate of neutral H2O. The model confirms that charge exchange dominates the local chemistry and that H3O+ dominates the water-group composition downstream of the Enceladus plumes. We also find that the amount of fresh pickup ions depends heavily on both the neutral source strength and on the presence of a persistent population of hot electrons.
The who, what, and wherefore of geoengineering governance

The potential of geoengineering to reverse global warming rapidly and cheaply makes it alluring to groups across the political spectrum. But geoengineering also poses significant risks and raises the specter of technology gone awry. This article analyzes the basic governance issues raised by geoengineering, including the possible functions, forms, objects and agents of governance. It then explores these issues by focusing on four scenarios of particular concern: inadequate research funding, premature rejection, unilateral individual action, and unilateral state action.
The Insidious Colonialism of the Conqueror: The Federal Government in Modern Tribal Affairs

This Article focuses on the actions of the federal agencies that do not appear on the radar screen - often because no cause of action exists to allow the tribes to bring suit in federal court to force the government to enjoin their actions - or because federal law operates to limit tribal sovereignty. Part II of this Article discusses four case studies - the story of the Grand Traverse Band of Ottawa and Chippewa Indians' struggle to retain its right to determine its own membership requirements; the Saginaw Chippewa Indian Tribe of Michigan's response through its tribal court of appeals to federal intervention in a tribal election dispute; the erosion of tribal rights to restore lost land and expand economic development opportunities; and the continuing impact of the Bureau's sales of Indian land without Indian consent. Part III places these case studies in the broader context of how federal bureaucratic actions have rendered meaningless critical aspects of self-determination. This portion of the Article argues that meaningful self-determination requires bureaucratic acknowledgement that Indian tribes retain the exclusive right to determine membership; that Indian tribes must be allowed to decide internal disputes without any interference from the federal government; that Indian tribes must be allowed to restore the land base to a critical mass of land for each tribe in order to allow for adequate economic development activities; and that Indian tribes retain a right to a remedy for the past violations of law of which they are a victim and that, finally, Indian tribes have a right to a competent trustee. The Article concludes in Part IV with a bleak vision, describing areas of critical tribal interest in which the federal bureaucracy is likely to maintain its paternalistic and colonial attitudes. Nevertheless, much of what ground has been lost can be regained with a simple change toward recognition of principles of self-determination on the part of the federal bureaucracy.
The Role of NEPA in Fossil Fuel Resource Development and Use in the Western United States

The National Environmental Policy Act (NEPA) has become a legal tool used to slow or prevent the development and use of energy in the United States. This Article reviews the elements of NEPA that are most important in energy project compliance. It then examines recent NEPA case law regarding energy projects in the western United States, including the integration of climate change analysis into the NEPA process. This Article focuses specifically on NEPA compliance by the Department of Energy and the Bureau of Land Management in the Department of the Interior, and concludes that federal agencies are susceptible to NEPA challenges against energy development projects.
European Political Cooperation: An Application of Political Reliability Theory to Integration

European Political Cooperation (EPC) denotes the foreign policy integration among members of the European Economic Community (EEC). The extent of political cooperative integration is analyzed by focusing upon the 'political reliability' or probability that EPC events reflect a consistent pattern of integration rather than merely an increasing frequency of interaction. A positive theory of EPC is built from first assumptions about unobservable integrative and disintegrative forces. Observable, politically cooperative events (e.g., European Council meetings, summit meetings, joint declarations, collective sanctions) are the consequence of the system of unobservable political forces which drive EPC activity. Two fundamental variables-political reliability and political interaction force-uniquely determine the EPC event process. Empirical tests strongly support the theory and demonstrate that by the mid1970s the forces of integration acting on the EPC system prevailed over the forces of disintegration. Two underlying processes may contribute to European foreign policy integration, however. The first is governed by a constant (Poisson) force, the other by a strong interaction force. These two subprocesses resemble interactions within the Political Committee of EPC and within the COREU telecommunications network.
Oxygen Atom Reactions with C2H6, C2H4, and C2H2 in Ices

Oxygen atom addition and insertion reactions may provide a pathway to chemical complexity in ices that are too cold for radicals to diffuse and react. We have studied the ice-phase reactions of photo-produced oxygen atoms with C2 hydrocarbons under ISM-like conditions. The main products of oxygen atom reactions with ethane are ethanol and acetaldehyde; with ethylene are ethylene oxide and acetaldehyde; and with acetylene is ketene. The derived branching ratio from ethane to ethanol is ~0.74 and from ethylene to ethylene oxide is ~0.47. For all three hydrocarbons there is evidence of an effectively barrierless reaction with O(^1D) to form oxygen-bearing organic products; in the case of ethylene, there may be an additional barriered contribution of the ground-state O(^3P) atom. Thus, oxygen atom reactions with saturated and unsaturated hydrocarbons are a promising pathway to chemical complexity even at very low temperatures where the diffusion of radical species is thermally inaccessible.
Strategic Interaction among Heterogeneous Price-Setters in an Estimated DSGE Model

Abstract We consider a dynamic stochastic general equilibrium model (DSGE) in which firms follow one of four price‐setting regimes: sticky prices, sticky information, rule of thumb, or full‐information flexible prices. The parameters of the model, including the fraction of each type of firm, are estimated by matching the moments of the observed variables of the model to those found in the data. We find that sticky price firms and sticky information firms jointly account for over 80% of firms in the model. We compare the performance of our hybrid model to pure sticky price and sticky information models along various dimensions, including monetary policy implications.
Representation on the Courts? The Effects of Trial Judges’ Sex and Race:

Scholars have long sought to resolve whether and to what degree political actor diversity influences the outputs of political institutions like legislatures, administrative agencies, and courts. Wh...
Mortgage Default Rates and Borrower Race

We estimate a mortgage default model with national data on conventional mortgages that were current from 1986 to 1992. Our analysis confirms the results of previous analyses of Federal Housing Auth...
Gender stereotypes and assumptions about expertise in transactive memory

Abstract This experiment investigated how people use gender stereotypes to infer the relative knowledge of interdependent others, and how those assumptions can affect the division of knowledge responsibilities in transactive memory systems. Participants indicated their expertise relative to the average male and female undergraduate student on six knowledge categories. Two of these were consistent with female stereotypes (soap operas and cosmetics), two were consistent with male stereotypes (sports and cars), and two were neutral (geography and history). Everyone then worked on a collective memorization task with an assumed partner. The design was a 2 × 2 factorial, with the participants’ gender and their assumed partners’ gender (same or different as the participant’s) as factors. The results showed that both male and female participants shared similar gender stereotypes across knowledge domains. Participants with opposite-sex partners were more likely to assign categories based on gender stereotypes than were participants with same-sex partners. As a result, participants with opposite-sex partners learned more information in categories consistent with those stereotypes. These findings suggest that transactive memory systems may perpetuate gender stereotypes.
Emotion, Neuroscience, and Law: A Comment on Darwin and Greene

Darwin's (1871/1981) observation that evolution has produced in us certain emotions responding to right and wrong conduct that lack any obvious basis in individual utility is a useful springboard from which to clarify the role of emotion in moral judgment. The problem is whether a certain class of moral judgment is "constituted" or "driven by" emotion (Greene, 2008, p. 108) or merely correlated with emotion while being generated by unconscious computations (e.g., Huebner, Dwyer, & Hauser, 2008). With one exception, all of the "personal" vignettes devised by Greene and colleagues (2001, 2004) and subsequently used by other researchers (e.g., Koenigs et al., 2007), in their fMRI and behavioral studies of emotional engagement in moral judgment, involve violent crimes or torts. These studies thus do much more than highlight the role of emotion in moral judgment; they also support the classical rationalist thesis that moral rules are engraved in the mind.
Local Economic Structure and Growth

The author tests how the local economic structure-measured by a region's sector specialization, competition, and diversity-affects the technological growth of manufacturing sectors. Most of the empirical literature on this topic assumes that in the long run more productive regions will attract more workers and use employment growth as a measure of local productivity growth. However, this approach is based on strong assumptions about national labor markets. The author shows that when these assumptions are relaxed, regional adjusted wage growth is a better measure of regional productivity growth than employment growth. She compares the two measures using data for Portugal between 1985 and 1994. With the regional adjusted wage growth, the author finds evidence of Marshall-Arrow-Romer (MAR) externalities in some sectors and no evidence of Jacobs or Porter externalities in most of the manufacturing sectors. These results are at odds with her findings for employment-based regressions, which show that concentration and region size have a negative and significant effect in most of the manufacturing sectors. These employment-based results are in line with most of the existing literature, which suggests that using employment growth to proxy for productivity growth leads to misleading results.
“You Lost Me at Hello”: How and when accent-based biases are expressed and suppressed

Abstract This research examines customer biases relating to employee accents in call service encounters. Extant research and practitioners generally assume that customers automatically evaluate call service employees with a nonstandard accent lower than employees with a standard accent. However, using the justification–suppression model as a framework, we argue that customers frequently suppress accent biases toward call service employees. We conduct three empirical studies, and our findings indicate that customers rate employees with an accent receiving a negative bias lower only when a service outcome is unfavorable for customers. In contrast, accents receiving a positive bias only impact customer evaluations when service outcomes are favorable for customers. Additionally, we demonstrate that the suppression and justification of accent biases rely on both cognitive and affective mechanisms. Finally, we show that customers who are informed of the frequency of a favorable vs. unfavorable outcome are more likely to suppress biases.
Integrating Economics Research, Education, and Service.

Since January 2000, the authors have experimented with an integrated community-based research-education-service model that combined (1) funded research into the local economic effects of the University of Vermont; (2) a sequence of four semester-long courses to conduct the research and to implement and evaluate key findings; and (3) a university-community partnership that defined and guided the research and helped identify and implement actions that grew out of the research. The authors found that combining all three goals—research, education, and service—into a set of integrated activities can offer substantial benefits to faculty, students, and community groups. In particular, these innovative experiential courses can improve the quality of learning and serve as a capstone course for an undergraduate economics major.
Shaping the Contours of Domestic Justice: The International Criminal Court and an Admissibility Challenge in the Uganda Situation

This chapter considers the law and practice of admissibility challenges before the International Criminal Court (ICC), in case of self-referrals. It offers three distinct visions of the concept of admissibility with implications for the Pre-Trial Chamber (PTC)s analysis of any challenge in the Uganda cases. The chapter discusses the negotiations between the Lords Resistance Army (LRA) and the Ugandan government as of April 2008 and analyzes the range of potential domestic justice mechanisms that might be available to Uganda, taking into consideration both the requirements of Article 17 of the Rome Statute and the agreements between the government and the LRA. It evaluates the prospects for admissibility challenges either by the Ugandan government or by particular indictee in light of the three visions of admissibility, and suggests that the PTC has a critical role both in resolving the conflict in Uganda and setting the contours of acceptable domestic justice efforts. Keywords: domestic justice; International Criminal Court (ICC); Lords Resistance Army (LRA); Pre-Trial Chamber (PTC); Rome Statute; Ugandan government
Regulating Financial Change: A Functional Approach

How should we think about regulating our dynamically changing financial system? Existing regulatory approaches have two temporal flaws. The obvious flaw, driven by politics and human nature (and addressed in other writings), is that financial regulation is overly reactive to past crises. This article addresses a less obvious but arguably more fundamental flaw: that financial regulation is normally tethered to the financial architecture, including the distinctive design and structure of financial firms and markets, in place when the regulation is promulgated. In order to effectively address future crises, this article argues, financial regulation must transcend that time-bound architecture. This could be done by regulating the underlying economic functions of the financial system—the provision, allocation, and deployment of financial capital—as well as the financial system’s capacity to serve as a network within which 1 Copyright © 2015 by Steven L. Schwarcz. An earlier draft of this article was titled “The Functional Regulation of Finance.” 2 Stanley A. Star Professor of Law & Business, Duke University School of Law; Founding Director, Duke Global Financial Markets Center; Senior Fellow, the Centre for International Governance Innovation. E-mail: schwarcz@law.duke.edu. For valuable comments, I thank John Armour, Daniel Awrey, Colleen M. Baker, Stephen F. Diamond, Robert C. Hockett, Charles Klingman, Katharina Pistor, Karen West, Eugene N. White, Elizabeth Woodman, and participants at a faculty workshop at Stanford Law School; a public lecture at the London School of Economics and Political Science; a conference on international financial regulation at Chatham House, London (sponsored by the University of Glasgow); a public lecture at the University of California Berkeley School of Law (sponsored by its Center on Law, Business, & the Economy); a roundtable on financial regulation at Queen Mary, University of London (sponsored by its Centre for Commercial Law Studies); a conference on bank regulation at Ludwig-MaximiliansUniversitat Munchen (sponsored by its Center for Advanced Studies); and a conference on financial system design at the University of Toronto Faculty of Law. I also thank Lorna Knick, Eric Pacifici, and Jonathan Rash for excellent research assistance. Support is provided in part by a gift to Duke Law School from the Eugene T. Bost, Jr. Research Professorship of the Cannon Charitable Trust No. 3 and by a grant from the International Insolvency Institute Foundation.
Do Fit Opinions Matter? The Impact of Fit Context on Online Product Returns

Product fit uncertainty is cited as one of the top reasons for high online product return rates. Fit describes how well a product suits a consumer’s needs. The value of a product drops sharply when it deviates from a customer’s ideal fit. In this study, we focus on ordinal fit, a type of fit attribute that can be ordered on a scale, e.g. the size of apparel, and the difficulty level of courses. By leveraging a change in the product review system at an online retailer, we examine the impacts of two types of fit information – fit valence (an overall evaluation of a product’s ordinal-fit attribute) and fit reference (a reviewer’s ordinal-fit attribute and her choice of the product’s fit attribute) – on returns of apparel goods. Using the lens of advice-taking, we reveal the important role of the context of fit opinions (i.e. fit reference) in facilitating shoppers to better interpret fit valence by enabling effective ordinal-fit adjustment and, consequently, reducing product returns. We employ a predictive analytics framework for counterfactual prediction via the Generalized Synthetic Control method to address endogeneity issues and shed light on the dynamic treatment effect. Our findings indicate that fit valence alone can lower product returns only in a limited situation – when the majority of reviewers agree on the fit valence. In other cases – when either the fit valences are inconsistent or far and few between, it is the combination of fit valence and fit reference that lowers product returns. With the availability of both types of fit information, similar reviewers play an important role in helping improve the accuracy in ordinal-fit adjustments. Yet, albeit less effective, information from reviewers with dissimilar body sizes can also help make useful ordinal-fit adjustments. Besides, shoppers appear to benefit from both positive and negative fit valences, as long as they are aided by fit reference. Our empirical insights are relevant to many situations where ordinal-fit attributes dominate consumers’ product evaluation process. Accordingly, we provide useful implications for online sellers grappling with high product return rates.
J.D.B. v. North Carolina and the Reasonable Person

This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks whether a reasonable person would, given the circumstances, believe that she is free to leave. The issue posed by J.D.B., then, was whether age counts as part of a suspect's "circumstances" for Miranda purposes. Unfortunately, the Court's June opinion managed only to compound the confusion and, in an ironic twist, did so while extolling the virtue of providing "clear guidance to the police." This Essay critically examines the J.D.B. opinion, using it as a lens to both critique the traditional objective/subjective distinction and articulate a more honest interpretation of the reasonable person test-one based on the uncomfortable truth that the test is, at its core, arbitrary.
When is inequality fair? An experiment on the effect of procedural justice and agency

Abstract We investigate how the perceived fairness of an income distribution depends on the beliefs about the process that generates the inequality. Specifically, we examine how two crucial features of this process affect fairness views: (1) Procedural justice - equal treatment of all; (2) Agency – one's ability to determine his/her income. We do this in a lab experiment by differentially varying subjects’ ability to influence their earnings. Comparison of ex-post redistribution decisions of total earnings under different conditions indicate both agency and procedural justice to matter for fairness. Highlighting the importance of agency, we observe lower redistribution of unequal earnings resulting from risk when risk is chosen freely. Highlighting the importance of procedural justice, we find introduction of inequality of opportunity to significantly increase redistribution. Despite this increase, under inequality of opportunity, the share of subjects redistributing none remain close to the share of subjects redistributing fully revealing an underlying heterogeneity in the population about how fairness views should account for inequality of opportunity.
Appellate Review of Sentence Explanations: Learning from the Wisconsin and Federal Experiences

For at least half a century, reformers have urged American appellate courts to play a more active role in the sentencing process. Outside a small number of jurisdictions with binding sentencing guidelines, however, the appellate courts have generally failed to establish a meaningful role for themselves. The present article focuses on one particular function that appellate courts might usefully perform: that is, reviewing the adequacy of the explanations given by trial-court judges to justify their sentencing decisions. Such “explanation review” is conceptually distinct from substantive review of the sentence: the former asks whether the sentence has been adequately justified, while the latter asks whether the sentence could be adequately justified. As a matter of formal doctrine, explanation review is already an accepted feature of the sentencing law in several jurisdictions. But courts have struggled to give the explanation requirement coherent content, and few sentences are actually overturned on the basis of inadequate explanation. The difficulties may stem, in part, from the courts’ failure to appreciate what may be achieved through rigorous explanation review. Against this backdrop, the purposes of the present article are threefold. First, the article makes the case for robust explanation review, identifying several useful purposes that are plausibly served by a systematically enforced explanation requirement. Second, the article describes and critiques the explanation review jurisprudence in two specific jurisdictions, Wisconsin and the federal system. Finally, drawing on the best parts of the Wisconsin and federal case law, the article proposes a set of principles that may be used to give explanation review more precise and rigorous content.
Private Communication Among Competitors And Public Disclosure

Abstract I study how private communication among competitors affects their public disclosures. Theory suggests that competing firms can use public disclosure to coordinate, and predicts less public disclosure when there is more private communication. Using data on strategic alliances, I predict and find that firms that enter strategic alliances with competitors reduce their public disclosure, and that the reduction is more pronounced for alliances that allow for more private communication.
The Impact of Demand Uncertainty on Consumer Subsidies for Green Technology Adoption

This paper studies government subsidies for green technology adoption while considering the manufacturing industry’s response. Government subsidies offered directly to consumers impact the supplier’s production and pricing decisions. Our analysis expands the current understanding of the price-setting newsvendor model, incorporating the external influence from the government, who is now an additional player in the system. We quantify how demand uncertainty impacts the various players (government, industry, and consumers) when designing policies. We further show that, for convex demand functions, an increase in demand uncertainty leads to higher production quantities and lower prices, resulting in lower profits for the supplier. With this in mind, one could expect consumer surplus to increase with uncertainty. In fact, we show that this is not always the case and that the uncertainty impact on consumer surplus depends on the trade-off between lower prices and the possibility of underserving customers with h...
Law firms, global capital, and the sociological imagination

Between 2001 and 2003, one of Australia’s “oldest, richest and proudest corporations,”1 James Hardie Industries, restructured itself into a global corporation headquartered in the Netherlands.2 In so doing, it reduced its tax liability. It also “separated itself” from its two original Australian subsidiaries and the huge liabilities stemming from the business that had been the basis for its success from 1917 up until the 1980s, but which was also killing many of its employees and customers.3 That business was the manufacture and sale of the material that quite literally “built” a nation: “fibrous asbestos cement.”4 By the mid-1980s, the James Hardie group had already stopped manufacturing asbestos and was focused on other businesses. 5
Foreign exchange intervention and the Australian dollar: has it mattered?

Since the Australian dollar was floated in December 1983, the Australian central bank (Reserve Bank of Australia) has actively intervened in the foreign exchange market. Using daily exchange rate and official intervention data from January 1984 to December 2001, this paper examines what effects, if any, foreign exchange operations by the Reserve Bank of Australia (RBA) have had on the level and volatility of the Australian dollar exchange rate. First, using an event study we evaluate the effectiveness of intervention by examining its direct effect on the level of the exchange rate. We find that over the period 1997–2001, the RBA has had some success in its intervention operations, by moderating the depreciating tendency of the Australian dollar. Second, we investigate the effects of RBA intervention policies on exchange rate volatility over the floating rate period. Our results indicate that intervention operations tend to be associated with an increase in exchange rate volatility, which suggests that official intervention may have added to market uncertainty. Overall, the effects of RBA intervention are quite modest on both the level and the volatility of the Australian dollar exchange rate. Copyright © 2006 John Wiley & Sons, Ltd.
Game Theory and Operations Research: Some Musings 50 Years Later

A discussion of the utilization of the methods of game theory in operations research is given together with a consideration of the future developments. The language and analogies provided by game theory are now broadly accepted. It is suggested that the deep successes of game theory have illuminated its limitations and have helped to open up investigations in computer science, behavioral economics and simulation where the limitations of intelligence and of data processing are taken into account. (This abstract was borrowed from another version of this item.)
Interpreting the Thirteenth Amendment

This article develops a pragmatic proposal for passing federal civil rights statutes pursuant to the Thirteenth Amendment. It begins with an analysis of Supreme Court precedents and turns to the amendment's contemporary applications. I am particularly concerned here with developing a legislative approach that will cautiously build on Supreme Court jurisprudence to identify the scope of congressional enforcement authority.The Thirteenth Amendment provides the federal government with the power to enact legislation that criminalizes certain private acts of discrimination. Congress may pass necessary and proper laws that can reasonably be expected to end subordinating infringements against individual rights. In significant circumstances, several of which are discussed here, the Thirteenth Amendment covers anti-social behavior that is beyond the scope of the Fourteenth Amendment and Commerce Clause, even though these two are more commonly relied on for civil rights enforcement. Given the sparseness of Thirteenth Amendment precedents, broadening its reach is more likely to succeed through incremental policymaking. This step-by-step strategy is analogous to the NAACP’s successful approach to litigation in the Fourteenth Amendment area. If this initial, pragmatic effort succeeds in the courts, Congress can later be more expansive in passing laws against discrimination targeting a range of identifiable groups.
Capital Cash Flows: A Simple Approach to Valuing Risky Cash Flows

This paper presents the Capital Cash Flow (CCF) method for valuing risky cash flows. I show that the CCF method is equivalent to discounting Free Cash Flows (FCF) by the weighted average cost of capital. Because the interest tax shields are included in the cash flows, the CCF approach is easier to apply whenever debt is forecasted in levels instead of as a percent of total enterprise value. The CCF method retains its simplicity when the forecasted debt levels and the implicit debt-to-value ratios change throughout forecast period. The paper also compares the CCF method to the Adjusted Present Value (APV) method and provides consistent leverage adjustment formulas for both methods.
State Coordinating Institutions and Agenda Setting on the U.S. Supreme Court

What determines state success when petitioning the U.S. Supreme Court for review? We suggest that states can improve the likelihood of securing Supreme Court review by coordinating litigation effor...
Defense Business Operations Fund (DBOF): Problems and Promise

In 1991, the United States Department of Defense established the Defense Business Operations Fund (DBOF). The DBOF includes support activities with a business volume well in excess of $80 billion annually, and it provides activities and services that are essential to the operation of the military forces. The necessity to reduce the defense budget and to find innovative ways of producing more defense than would be possible under prior operating and management arrangements caused the Department of Defense (DoD) to look to alternative economic and business models. The changes made are dramatic. The implementation has not gone as smoothly as some observers expected, and Congress and former Secretary of Defense Aspin each considered reversing the innovation. This article addresses the problems and the promised improvements in the context of the economic and management concepts undergirding the DBOF, concepts that are dramatically different than those previously applied in the DoD
Stock options expensing: An examination of agency and institutional theory explanations

Abstract As the debate over appropriate compensation disclosure continues, some firms have volunteered to recognize stock option costs within their income statements. On the one hand, stock option expensing can significantly enhance the legitimacy of the organization and restore shareholders' confidence in corporate governance practices. On the other hand, expensing stock options could decrease firm earnings, leading to unfavorable comparisons to non-expensing firms. Our logit analysis of 402 SP these results depend on the costs associated with expensing. We find stronger support for the institutional theory perspective that mimetic pressures significantly increase the likelihood that firms will expense stock options, independent of the cost. Our findings have important governance implications, suggesting a more complex model of compensation disclosure in which social pressures dominate voluntary compensation disclosure decisions.
Improved EEG event classification using differential energy

Feature extraction for automatic classification of EEG signals typically relies on time frequency representations of the signal. Techniques such as cepstral-based filter banks or wavelets are popular analysis techniques in many signal processing applications including EEG classification. In this paper, we present a comparison of a variety of approaches to estimating and postprocessing features. To further aid in discrimination of periodic signals from aperiodic signals, we add a differential energy term. We evaluate our approaches on the TUH EEG Corpus, which is the largest publicly available EEG corpus and an exceedingly challenging task due to the clinical nature of the data. We demonstrate that a variant of a standard filter bank-based approach, coupled with first and second derivatives, provides a substantial reduction in the overall error rate. The combination of differential energy and derivatives produces a 24% absolute reduction in the error rate and improves our ability to discriminate between signal events and background noise. This relatively simple approach proves to be comparable to other popular feature extraction approaches such as wavelets, but is much more computationally efficient.
Nonparallel demand increases in an asymmetric Cournot oligopoly

We examine equilibrium responses of a Cournot oligopoly to two typical types of nonparallel demand increases. The results based on a linear demand curve show that in terms of profits, increases in demand that result in a more elastic demand curve are beneficial to every firm, with large firms benefiting disproportionately. In sharp contrast, only certain small firms benefit from demand increases that result in a more inelastic demand. Our results have implications in marketing and government policy making.
The Return of Coverture

Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and unnatural. Today, the marriage narrative has been reversed and the prevailing attitude is that marriage has become an increasingly equitable institution. This is the story that Justice Kennedy told in Obergefell v. Hodges, in which he described marriage as an evolving institution that has adapted in response to social change such that discriminatory marriage rules no longer apply. Coverture exemplifies this change: marriage used to be deeply shaped by coverture rules and now it is not. While celebrating the demise of coverture, however, the substantive image of marriage that Justice Kennedy set forth subconsciously uses conventional, historical tropes that construct marriage as a relationship of hierarchy, gender differentiation, and female disempowerment. In this Essay, I describe the ways in which Justice Kennedy used coverture as a positive example of marriage transformation while simultaneously invoking coverture ideals to inform his portrayal of marriage as a fundamental building block of government, the keystone of civil society, and a transcendental, lifelong commitment.
Family Bonding with Universities

One justification offered for legacy admissions policies at universities is that that they bind entire families to the university. Proponents maintain that these policies have a number of benefits, including increased donations from members of these families. We use a rich set of data from an anonymous selective research institution to investigate which types of family members have the most important effect upon donative behavior. We find that the effects of attendance by members of the younger generation (children, children-in-law, nieces and nephews) are greater than the effects of attendance by the older generations (parents, parents-in-law, aunts and uncles). Previous research has indicated that, in a variety of contexts, men and women differ in their altruistic behavior. However, we find that there are no statistically discernible differences between men and women in the way their donations depends on the alumni status of various types of relatives. Neither does the gender of the various types of relatives who attended the university seem to matter. Thus, for example, the impact of having a son attend the university is no different from the effect of a daughter.
Rethinking the Disclosure Paradigm in a World of Complexity

In a prior article, Professor Schwarcz examined the factors that differentiate Enron’s questionable use of off-balance sheet special purpose entities, (SPEs) from the trillions of dollars of “legitimate” securitization and other structured-finance transactions that use SPEs. The presence of meaningful differences, Professor Schwarcz argued, may inform regulatory schemes by providing a basis to distinguish which such transactions should be allowed or restricted. In that connection, Professor Schwarcz encountered the dilemma that some structured transactions are so complex that disclosure to investors of the company originating the transaction is necessarily imperfect—either oversimplifying the transaction, or providing detail and sophistication beyond the level of even most institutional investors and securities analysts. In this article, Professor Schwarcz focuses on solutions to this dilemma, arguing that complexity forces a rethinking of the long-held disclosure paradigm of securities law.
Line Drawing Doctrine and Efficiency in the Tax Law

This paper examines how lines should be drawn between similar activities within the tax law. Line drawing is a pervasive and enduring problem in the tax law. For example, the tax law draws distinctions between selling and holding, debt and equity, and between independent contractors and employees. Existing scholarship does not address this line drawing problem in any comprehensive way, and traditional tax norms, such as the Haig Simons definition of income, fail in this context. This paper suggests (i) that the problem can be analyzed comprehensively by drawing lines where it is most efficient to do so; and (ii) efficiency is the appropriate method of analysis. The paper then uses optimal tax models to develop the intuitions for efficient line drawing and discusses several applications.
Fortifying the Safe Harbors: Reevaluating the DMCA in a Web 2.0 World

This article posits that the Web 2.0 environment has altered the landscape of the Internet in a way that calls into question several DMCA requirements. In particular, the DMCA-embedded concepts of direct financial benefit, interference with standard technical measures, and the legislative red flag test for identifying infringing material are significantly challenged by the new ways that intellectual property is distributed on the Internet. The general policy inherent in the DMCA is that the burden for policing the Internet for copyright infringement is primarily on the copyright owner, and that online service providers must only cooperate when necessary to eliminate copyright infringement. This Note argues that this burden may be inequitable in light of the Web 2.0 movement and that a balancing test would be more appropriate for determining when OSPs should be expected to do more than simply cooperate with copyright owners.
Mapping the Racial Bias of the White Male Capital Juror: Jury Composition and the “Empathic Divide”

This article examines the nature of racial bias in the death sentencing process. After reviewing the various general explanations for the continued significance of race in capital cases, we report the results of an empirical study in which some aspects of racially biased death sentencing are examined in depth. Specifically, in a simulated capital penalty-phase trial setting where participants were assigned to small group ‘‘juries’’ and given an opportunity to deliberate, white male jurors were significantly more likely to sentence black defendants to death than were women and nonwhite jurors. This racialized pattern was explained in part by the differential evaluation of the case facts and the perceptions of the defendant that were made by the white male jurors. We discuss these findings in light of social psychological theories of contemporary racism, and we conclude that the demonstrated bias in capital jury settings should be understood as an interaction of several factors, including individual juror characteristics, group-level demographic composition, and group deliberation processes.
Measuring Post-materialism in Post-Socialist Societies

Ronald Inglehart zufolge, bewegen sich Lander starker in Richtung post-materialistischer Werte, wenn ihr BIP pro Kopf ansteigt. Diese Form der Messung wirft jedoch eine Reihe von Problemen auf. Zuallererst ist es schwierig zu sagen, ob ein Land objektiv mehr oder weniger materialistisch ist als ein anderes. Ursprunglich umfasste Ingleharts Analyse aus dem Jahre 1970 auch blos sieben OECD-Lander, von denen man eine gemeinsame Wertedimension behaupten konnte. Legt man jedoch dieselben Indikatoren innerhalb einer anderen Kultur (Osteuropa) an, konnten sie durch die Offentlichkeit verschieden interpretiert werden. Zweitens, wie Inglehart mit Verweis auf die Olkrise von 1979 zugibt, reagieren diese Indikatoren sensibel auf okonomische Kurzzeit-Schwankungen. Ich behaupte, dass durch Ingleharts eigene Logik diese Indikatoren innerhalb des post-sozialistischen Kontextes augenblicklich zu sensibel sind. Diese Sensibilitat untergrabt die Gultigkeit seiner Messung. Diese beiden Schwierigkeiten werfen die Frage auf, ob es uberhaupt moglich ist, West- und Osteuropa am materialistisch / post-materialistischen Kontinuum zu vergleichen
Procedural Rules for Complementary Systems of Litigation and Mediation - Worldwide

Developing procedural rules for points of intersection between mediation and litigation is an important aspect of the evolving relationship between these two processes. Although the goal has been to encourage and support the use of mediation, emerging legal structures involve changes that are seen as threatening fundamental values associated with both the adjudication system and mediation. This paper examines competing adjudication and mediation values in the context of two recent legislative initiatives to provide confidentiality for the mediation process in litigation. It then projects and evaluates tensions that will surface if there is an attempt to add a mechanism for summary enforcement of mediated agreements to the procedural law of mediation. Scholars predict that the embrace of mediation (the most widespread court-connected alternative dispute resolution process) will erode adjudication functions such as effective enunciation of rights and even the rule of law. Other scholars see effects of institutionalizing mediation within the adversary system that threaten core values such as self-determination. The Uniform Mediation Act (UMA), drafted by the National Conference of Commissioners on Uniform State Laws and the American Bar Association, illustrates compromises in both sets of values. The International Model Law on International Commercial Conciliation, negotiated at the United Nations Commission on International Trade Law, somewhat reduced the need to resolve procedural conflicts with its more limited scope and pervasive emphasis on party autonomy. Its incorporation into the UMA, however, extends the domestic balancing of values that produced the UMA's mediation privilege into the international context. Developing a procedure for summary enforcement of agreements reached in mediation could pose even greater challenges for self-determination in mediation and for courts in enforcing private settlements. I tentatively conclude that procedures for enforcement of arbitral awards do not provide a good model for mediation enforcement and caution that a summary procedure could erode defining characteristics of both mediation and adjudication.
Territory, Territoriality, and the Resolution of Jurisdictional Conflict

Ever-increasing gaps and overlaps in the national regulation of cross-border events challenge territorial sovereignty as the conceptual basis for rules on legislative jurisdiction. At the same time, the work of scholars in a range of disciplines, including international relations and critical geography, has complicated our understanding of the relationship between territory and power in the age of globalization. As a result, emerging models of jurisdictional theory are moving away from territory, and territorially based concepts of regulatory power, as the basis for defining legislative authority. What risks being overlooked in this shift is the critical step between re-thinking the construction of territory and rejecting the salience of territoriality to jurisdictional frameworks. While territorial contacts may function as simple factual inputs in jurisdictional analysis, 'territoriality' and 'extraterritoriality' are legal constructs - claims made by particular actors, and assessed by particular institutions, within particular legal systems. The meaning of such claims is therefore dependent upon the local practices and understandings of specific regimes. This article uses a case study of the role of territory in U.S. and German competition law to uncover differences in those systems that affect their respective constructions of territoriality. It argues that local legal and institutional frameworks remain relevant in the transition from traditional conflicts models to newer regulatory strategies, and that the process of integrating critical reconceptualizations of territory into jurisdictional theories must account for differences in those frameworks across regimes.
India's Increasing Skill Premium: Role of Demand and Supply

Using micro data for India from 1983 to 2005, this paper finds that the tertiary (college)-secondary (high school) wage premium has been increasing in India over the past decade and that this increase differs across age groups. The increase in wage premiums has been driven mostly by younger age groups while older age groups have not experienced any significant increase. Using a demand and supply model with imperfect substitution across age groups (developed in Card and Lemieux, 2001), this paper demonstrates that workers are not perfect substitutes across age groups. The paper finds that the increase in the wage premium has come mostly from demand shifts in favor of workers with a tertiary education. More importantly, the growth rate of demand for tertiary educated workers relative to secondary educated workers was fairly stable in the 1980s and the 1990s. However, the relative supply played an important role not only in determining the extent of increase in wage premium, but also its timing. The increase in relative supply of tertiary workers during 1983-1993 negated the demand shift; as a result, the wage premium did not increase much. But during 1993-1999, the growth rate of the relative supply of tertiary workers decelerated, while relative supply became virtually stagnant during 1999-2004. Both these periods saw an increase in the wage premium as the countervailing supply shift was weak.