cssi/SciSciGPT-SciSciNet huggingface dataset:
Forced Sterilization and Mandatory Divorce: How a Majority of Council of Europe Member States’ Laws Regarding Gender Identity Violate the Internationally and Regionally Established Human Rights of Trans* People

Government identification is a ubiquitous aspect of modern life, something most adults the world over take for granted. For many, the presence of gender markers on their official identification is something entirely unremarkable. Unfortunately for many trans* people, many countries make it extraordinarily difficult or even impossible to obtain official identification that correctly reflects their gender identity. Most countries still have no legal mechanism for trans* people to change their legal gender categorization. Others allow trans* people to update their official legal gender, but only after proving that they have undergone certain surgeries, up to and including irreversible sterilization, whether they want to or not. Still others only allow trans* people to update their legal gender after they have shown that they have dissolved their marriages, regardless whether they and their partner wish to remain married. As a result, many trans* people the world over may be literally risking their lives when they seek to do something as mundane as ordering a beer.This Note examines why compulsory sterilization and mandatory divorce laws violate international and regional human rights norms, and proposes ways in which the European Court of Human Rights and individual COE Member States can redress the situation to protect one of Europe’s most vulnerable populations. It also examines these failures as bellwethers of an ongoing tension within the international human rights community: whether the specificity of human rights treaties is overall a positive or a negative development, and whether the current international legal regime is equipped to protect the rights of sexual minorities generally. This Note proposes that a novel LGBTQ-specific human rights treaty should ultimately be proposed and promulgated to ensure that these minorities are protected.
Veiled Repression: Mainstream Economics, Capital Theory, and the Distributions of Income and Wealth

The Cambridge UK vs USA capital theory debates of the 1960s showed that the workhorse mainstream growth model relies on unsustainable assumptions. Its standard interpretation is not consistent with the last four decades of data. Part of an estimated increase in the ratio of personal wealth to income in recent years is due to higher asset prices. The other side of the accounts reveals that financialization and growing business debt partially offset the greater net worth of households. Attempts to interpret growth in wealth principally as a consequence of capitalization of rents are misleading. An alternative growth model based on Cambridge ideas can help correct these misinterpretations. JEL codes: D3, E1
Fiscal Federalism in Europe: Lessons From the United States Experience

The existing political and legal institutions of fiscal policy-making are under challenge. As the United States and the eastern European and Soviet states experiment with policy decentralization, the states of western Europe are looking to a more centralized policy structure via the E.E.C.. This paper seeks to raise issues of importance to all such reform efforts--notably, the need to consider, and balance, the inefficiencies of fiscal policy decentralization (spillovers and wasteful fiscal competition) against the inefficiencies of fiscal policy centralization (policy cycles and localized 'pork barrel' spending and taxes). The need to develop new fiscal policy institutions emphasizing voluntary agreements and responsive 'agenda-setters' is stressed.
Emotional Intelligence Is Synergy in Intelligence

Three emotional intelligence models are widely discussed in the literature: the ability model, trait model, and mixed model. This study introduces a model for understanding emotional intelligence: the synergy model. The emotional intelligence model presented in this study is simple and easy to understand. This study suggests that emotional intelligence is the synergy present in intelligence, where total intelligence is the sum of the intelligence quotient, emotional quotient, and unexplained quotient. The model shows three possible outcomes of emotional intelligence. It also suggests that the best way to understand and measure the impact of emotional intelligence is to listen, observe, and feel (LOF) it.
An Empirical Examination of Mutual Fund Boards

This paper examines how board independence and director incentives in the mutual fund industry affect fund expenses, performance, and compliance. It is based on a hand-collected panel dataset of mu...
Measurement Equivalence of the Job Descriptive Index Across Chinese and American Workers: Results from Confirmatory Factor Analysis and Item Response Theory.

Despite increased awareness of practical issues in multinational data collection, few studies have addressed the issue of measurement equivalence across Western and Eastern cultures, especially usi...
Quantum Corrections to Newton's Law in Resummed Quantum Gravity

We present the elements of resummed quantum gravity, a new approach to QG based on the work of Feynman using the simplest example of a scalar field as the representative matter. We show that we get a UV finite quantum correction to Newton's law.
Credible vertical preemption

This study shows that preemptive investment in product proliferation is subject to a commitment problem that is not constrained to models of horizontal product di.erentiation, but applies to vertical product di.erentiation settings as well. We investigate the incentives of firms producing high- or low- quality goods that decide simultaneously to introduce new products in di.erent quality areas. In addition, we analyze whether these keep or withdraw similar existing products from the market. The study shows that the introduction of new products depends on the credibility of firms’ innovation strategies. The high-quality firm’s strategy to proliferate the product space in order to deter the low-quality firm from introducing a new product is not credible. Innovators always withdraw their existing products from the market in order to reduce price competition or to avoid cannibalizing demand for their own products. ZUSAMMENFASSUNG - (Glaubwurdiger vertikaler Verdrangungswettbewerb) In dieser Studie untersuchen wir die Anreize etablierter Unternehmen, neue Produkte mit unterschiedlicher Qualitat in den Markt einzufuhren. Weiterhin untersuchen wir die Anreize der Innovatoren, die alten Produkte vom Markt abzuziehen. Wir zeigen, das die Einfuhrung neuer Produkte von der Glaubwurdigkeit der Innovationsstrategien abhangt, und nur in bestimmten Marktsegmenten erfolgt. Das Unternehmen, welches Produkte mit hoher Qualitat anbietet, kann das Unternehmen, welches Produkte mit niedriger Qualitat anbietet, nicht glaubwurdig daran hindern, ein neues Produkt in den Markt einzufuhren. Es wird gezeigt, das beide Unternehmen ein neues Produkt mit hoherer Qualitat zum hoheren Preis anbieten, wobei das Unternehmen mit hoher Qualitat noch immer die hochste Produktqualitat im Markt anbietet. Daruber hinaus wird gezeigt, das die Innovatoren ihr altes Produkt aus dem Markt ziehen, um einen hoheren Preiswettbewerb und Nachfrageverdrangungseffekte zu vermeiden. Folglich werden nur zwei Produkte im Markt angeboten.
Stuck Behind the Curve: How the Academic Law Library Can Help Students Who Struggle in Law School

This article examines how academic law libraries can assist law schools in meeting the needs of students who struggle in law school. This article will describe the types of programs currently available to help struggling students within law schools, including academic support programs, and offer suggestions to improve the delivery of services to this growing population.
A Tale of Three Takings: Taking Analysis in Land Use Regulation in the United States, Australia, and Canada

The roots of the legal systems of the United States, Australia and Canada spring from a common English heritage in which protection of property is a prominent feature. Within these societies, when government expropriates private property, there is a presumption and, in some cases, a constitutional compulsion to compensate the owner. In the 1920s, the United States Supreme Court deviated from the principle in American and English law that compensation is required only when a government acquires a legal interest in or takes possession of property. In Pennsylvania Coal Co. v. Mahon, the Supreme Court found that regulating the use of property, in that case Pennsylvania Coal's mineral rights, may also require compensation if the regulation goes too far. Claims of regulatory taking did not become common, however, until the 1970s when land use and environmental regulation became pervasive. Property rights advocates, not only in the United States but also in Australia and Canada, sought more extensive protection when these regulations seriously devalued or limited the use of land. By the 1990s, cases in both Australia and Canada seemed to follow the lead of Mahon by requiring compensation for land use regulations that seriously devalued mineral rights. This paper surveys and compares the development of the concept of regulatory taking in the United States, Australia and Canada, and discusses each country's struggle to balance important public interests reflected in land use and environment regulation with protection of private property, and to develop a consistent theory of regulatory taking.
Pattern of global cyber war and crime: A conceptual framework

The flourishing synergy arising between organized crimes and the Internet has increased the insecurity of the digital world. How hackers frame their actions? What factors encourage and energize their behavior? These are very important but highly underresearched questions. We draw upon literatures on psychology, economics, international relation and warfare to propose a framework that addresses these questions. We found that countries across the world differ in terms of regulative, normative and cognitive legitimacy to different types of web attacks. Cyber wars and crimes are also functions of the stocks of hacking skills relative to the availability of economic opportunities. An attacking unit’s selection criteria for the target network include symbolic significance and criticalness, degree of digitization of values and weakness in defense mechanisms. Managerial and policy implications are discussed and directions for future research are suggested.
Bargaining for Development Post- Koontz : How the Supreme Court Invaded Local Government

The U.S. Supreme Court’s decision in Koontz v. St. Johns River Water Management District injected significant confusion into negotiations over land development approvals. The principal source of this confusion is the majority’s unwillingness to clarify when and how a proposed condition offered in a negotiation becomes a demand that triggers heightened scrutiny under the Takings Clause of the Fifth Amendment. The Court decided that government demands made prior to a later denial must be evaluated in the same manner as conditions imposed as part of an approval. Specifically, conditions designed to mitigate harmful development impact that are demanded from an applicant prior to a denial must now satisfy the heightened-scrutiny requirements of Nollan v. California Coastal Commission and Dolan v. City of Tigard instead of the relatively deferential Penn Central Transportation Co. v. New York City takings test. This heightened scrutiny will likely cause land use boards to be more rigid, and therefore less creative, in the development approval processes. While not fatal to land use negotiations, this expansion of the Nollan– Dolan scrutiny will have consequences. Because Koontz now requires government offers in negotiations to meet this more exacting standard, the practical effect of Koontz is that land use boards get more favorable judicial review by denying noncompliant proposals without suggesting mitigating conditions. This will lead prudent boards to favor denials over negotiation as a way to preserve their advantage if a property owner challenges their decision in court as an unconstitutional taking without just compensation. This Article explains why Koontz makes land use negotiations less efficient and describes several ways land use boards can protect themselves while still taking advantage of opportunities in negotiation. Part I looks at the law of exactions in light of Koontz. Part II discusses the important role of negotiation in the land use approval process. Part III explores the consequences of Koontz on future land use negotiations and explains how courts can help maintain the efficiency of land use negotiations in the face of the challenges created by Koontz. Part IV suggests that land use boards have the following options when approving land use developments: avoid negotiation; facilitate negotiation without participating; negotiate without making proposals; negotiate; or attempt to insulate negotiations. * Professor of Law and Director of the Dispute Resolution Program, Vermont Law School. I am grateful for the helpful comments received from John Echeverria, Timothy Mulvaney, John Nolon, Charles Pillsbury, and Sarah Schindler, as well as from numerous participants at Vermont Law School’s Colloquium on Environmental Scholarship and the Quinnipiac-Yale Dispute Resolution Workshop. Thanks also to Michael Campinell and Kammeron Todd for superb research
Endogenous Restrictions for Least Developed Economies

The paper explores appropriate trade restrictions for least developed countries facing external terms-of-trade disturbances in terms of minimizing variations in the real sphere of the economy. Two alternative models are explored: export-subsidy versus import-tariff endogeneity. The theoretical model indicates that the tariff regime is a more appropriate policy. Empirical evidence from Sudan (1950– 1991) suggests that, although there is some discernable evidence that Sudan followed the tariff regime, the country did not apply the policy correctly, adjusting the tariff mainly in response to foreign import prices rather than foreign export prices, which are more unstable.
All‐epitaxial fabrication of a nanowire plasmon laser structure

An all-epitaxial approach was demonstrated to create coaxial plasmon laser structures composed of an aluminum plasmonic metal/SiNx dielectric/InGaN quantum well shell surrounding a p-GaN nanowire core. Strong UV luminescence was observed from as-grown vertically-aligned arrays as well as horizontally-aligned nanowires transferred to a transparent carrier wafer. (© 2014 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim)
Dynamic Copula Models and High Frequency Data

Abstract This paper proposes a new class of dynamic copula models for daily asset returns that exploits information from high frequency (intra-daily) data. We augment the generalized autoregressive score (GAS) model of Creal et al. (2013) with high frequency measures such as realized correlation to obtain a “GRAS” model. We find that the inclusion of realized measures significantly improves the in-sample fit of dynamic copula models across a range of U.S. equity returns. Moreover, we find that out-of-sample density forecasts from our GRAS models are superior to those from simpler models. Finally, we consider a simple portfolio choice problem to illustrate the economic gains from exploiting high frequency data for modeling dynamic dependence.
Earnings volatility and earnings predictability

Abstract Survey evidence indicates widely held managerial beliefs that earnings volatility is negatively related to earnings predictability. In addition, existing research suggests that earnings volatility is determined by economic and accounting factors, and both of these factors reduce earnings predictability. We find that the consideration of earnings volatility brings substantial improvements in the prediction of both short- and long-term earnings. Conditioning on volatility information also allows one to identify systematic errors in analyst forecasts, which implies that analysts do not fully understand the implications of earnings volatility for earnings predictability.
Unintended or Intended Consequences? The Effect of Below–market Housing Mandates on Housing Markets in California

Inclusionary zoning, also known as below-market housing mandates, is now in place in one-third of California cities and is spreading around the united states. Supporters of this policy advocate making housing more affordable by placing price controls on a percentage of new homes. But if almost all economists agree that price controls on housing reduce quantity and cause shortages, why do so many policymakers or voters support them? Ellickson [1981] argued that inclusionary zoning may be popular precisely because, contrary to the expressed goals of the program, it actually restricts supply and leads to higher prices. incumbent homeowners and policymakers catering to them can benefit from restricting new supply. using panel data and a first difference model, we test how the policy affected the price and quantity of housing in California cities between 1980, 1990, and 2000. under various specifications we find that cities adopting below-market housing mandates end up with higher prices and fewer homes. Between 1980 and 1990, cities imposing below-market housing mandates end up with 9 percent higher prices and 8 percent fewer homes overall. Between 1990 and 2000 cities imposing below-market housing mandates end up with 20 percent higher prices and 7 percent fewer homes overall. Consistent with Ellickson’s hypothesis, the program may not be about increasing the supply of housing or making it more affordable overall.
Making Direct Democracy Deliberative through Random Assemblies

Direct-democratic processes have won popular support but fall far short of the standards of deliberative democracy. Initiative and referendum processes furnish citizens with insufficient informatio...
Factors Affecting Saving, Policy Tools, and Tax Reform: A Review

The literature on factors affecting saving and capital formation in industrialized countries is reviewed, and measurement problems are examined. The effect on the saving rate of real rates of return, income redistribution, allocation of saving between corporations and individuals, growth of public and private pension plans, tax incentives, the bequest motive, energy prices, and inflation is considered, and the limited tools available to policymakers to affect savings are discussed. Finally, the extent to which recent tax reforms in a number of countries have been affected by the desire to increase saving is reviewed.
Explaining Away the Obvious: The Infeasibility of Characterizing the Second Amendment as a Nonindividual Right

Although the Second Amendment of the U.S. Constitution has guaranteed the right to keep and bear arms for more than 200 years, the U.S. Supreme Court has never formally declared to whom the right belongs. Each side of the gun debate--one holding that the Amendment guarantees a right to individuals, the other that states possess the right--supports its position with ostensibly solid precedential, historical, and textual arguments. This Note approaches the issue from the opposite direction, asking how many precedential, historical, and textual obstacles each side must explain away and examining the relative strength of those explanations. Under this analysis, the individual right prevails.
Investment principles for individual retirement accounts

Abstract The phenomenal growth of individual retirement accounts in the US, and globally, challenges both individuals and their advisors to rationally manage these investments. The two essential differences between an individual retirement account and an institutional portfolio are the length of the investment horizon and the regularity of monthly contributions. The purpose of this paper is to contrast principles of institutional investing with the management of individual retirement accounts. Using monthly historical data from 1926 to 2005 we evaluate the suitability for managing individual retirement portfolios of seven principles employed in institutional investing. We discover that some of these guidelines can be beneficially applied to the investment management of individual retirement accounts while others need to be reconsidered.
The Business Method Patent Myth

Although business methods previously had been patented, the Court of Appeals for the Federal Circuit first gave them formal recognition as patentable subject matter in 1998. Internet business method patents have been roundly criticized by most observers as being singularly inferior to most other patents. Many have even argued that business methods should not be patentable subject matter. As a result, Congress and the Patent and Trademark Office (PTO) singled them out for special treatment. All of these criticisms were voiced without empirical support. We gathered data on most Internet business method patents issued through the end of 1999 and compared them with a large contemporaneous data set of patents in general. We also compared them with patents in fourteen individual technology areas within the general patent data set. Our comparison focused on several metrics that we believe serve as good proxies for patent quality and value. We found that Internet business method patents appear to have been no worse than the average patent, and possibly even better than most. They also appear to have been no worse, and possibly even better than patents in most individual technology areas. These findings lead us to question the conventional wisdom that these patents were uniquely deficient. We briefly explore some possible explanations for the chasm between the accepted view and what we believe to have been the reality, including the possibility that negative opinions about these patents may have been characterized by an information cascade. More important, we believe that efforts to single out these patents for special treatment not only lacked sound justification in the particular case but also reveal more fundamental problems associated with ex ante definitions to carve out any particular technology area for different treatment.
What Is Property? Property Is Theft: The Lack of Social Justice in U.S. Eminent Domain Law

Must the government fulfill a social justice obligation when it takes property and, if so, from where does that obligation arise? Social justice has largely been absent in eminent domain law, particularly in the context of blight removal and economic development condemnations. Government takings too often result in an undue burden on poor people and communities of color in a way that resembles Discovery-era takings of land from American Indians. In the periods of colonization and western expansion of the United States as well as in recent takings, the lack of social justice has had a profound effect: the disproportionate burden and exploitation of people who have the fewest resources - legally, politically, or economically - with which to resist the intrusion of eminent domain. Rooted in an historical framework of social justice, this article examines the pervasive injustice in the realm of eminent domain. Specifically, the article explores the theory of social justice through four lenses: religion, philosophy, mythology, and the law, all of which share the common theme of a social or institutional responsibility and speak to the challenge of eminent domain abuse. The article then critiques competing social justice theories that appear to represent present-day rationales for both sides of the eminent domain debate. This article asserts that social justice requires justice as fairness. Thus, it requires an end to using “blight” and economic development as a pretext to exploit the poor and people of color. It also means implementing policies to restore communities in a way that would allow low-income residents to stay and enjoy the benefits of such improvements.In American society, two distinct paths have emerged in achieving social justice: social movements and legal reform. This article looks at some examples of how social and legal reform movements have transformed the legal and political climate and led to greater social justice. This article contends that, even in the midst of post-Kelo social movements and legal reform, many poor communities continue their struggle to exist. Legal reform has, in large part, failed to address the injustice of carte blanche blight condemnations or to significantly limit unjust economic development condemnations. Furthermore, reform efforts have essentially ignored the plight of displaced low-income residents who are left without affordable housing in a neighborhood of their choosing. “Justice, if we only knew what it was” queried Socrates. As it turns out, in the case of eminent domain law, we know what justice should be: the equal ability of citizens, regardless of race, income or any other distinction, to protect their home and community from unwarranted condemnation.
Repaying The Scholar's Compliment

This is Douglas Husak's reply to the scholars' comments in the symposium on his book "Overcriminalization".
Intraday variation in the bid-ask spread: Evidence after the market reform

In this article we show that intraday variation in spreads for Nasdaq-listed stocks has converged to intraday variation in spreads for NYSE-listed stocks after the implementation of the new order-handling rules. We attribute this convergence to the Limit Order Display Rule, which requires that limit orders be displayed in Nasdaq best bid and offer when they are better than quotes posted by market makers. Our findings suggest that the different patterns of intraday spreads between NYSE and Nasdaq stocks reported in prior studies can largely be attributed to the different treatment of limit orders between the NYSE and Nasdaq before the market reform.
Charitable Nonprofits’ Use of Noncompetition Agreements: Having the Best of Both Worlds

For years, individuals have been challenging the noncompetition agreements they entered into with their employers on the basis that the agreements violate public policy. However, in a competitive marketplace, courts and legislatures in many jurisdictions are reluctant to invalidate otherwise reasonable noncompetition agreements. Perhaps they are right, at least when it comes to the general class of nonprofits and to nonprofits that are protecting their interests against for-profit entities. As for charitable — or § 501(c)(3) — nonprofits that are attempting to protect their interests against other charitable nonprofits, however, the decision-making bodies should reconsider their position. Unlike traditional for-profit entities, whose main goal is profit maximization, charitable nonprofits are organized and operated to benefit some greater good. As a result, charitable nonprofits receive donations from individuals and corporations, as well as tax breaks from the government, which are unavailable to for-profit entities. At the same time, charitable nonprofits use many of the same tools that for-profit firms utilize to maximize profits, including noncompetition agreements. Thus, charitable nonprofits are able to benefit from an anti-competition, profit-maximizing tool while also reaping the rewards of their tax-exempt status. In short, charitable nonprofits (wrongly) enjoy the best of both the for-profit and nonprofit worlds. This article discusses the unique nature of the charitable nonprofit’s mission and the tax benefits conferred on charitable nonprofits by the federal and state governments. It then discusses noncompetition agreements and demonstrates that charitable nonprofits’ use of noncompetition agreements is contrary to their mission and tax-exempt status, as well as to the public interest. Finally, the article proposes an amendment to the federal tax code that would render unenforceable any language in a noncompetition agreement that prevents an individual from leaving the employment of one charitable nonprofit for employment at another.
On the relation between expected returns and implied cost of capital

We examine the relation between implied cost of capital and expected returns under an assumption that expected returns are stochastic, a property supported by theory and empirical evidence. We demonstrate that implied cost of capital differs from expected return, on average, by a function encompassing volatilities of, as well as correlation between, expected returns and cash flows, growth in cash flows, and leverage. These results provide alternative explanations for findings from empirical studies employing implied cost of capital on the magnitude of the market risk premium; predictability of future returns; and the relations between cost of capital and a host of firm characteristics, such as growth, leverage, idiosyncratic risk and the firm’s information environment.
Market Sentiment: A Tragedy of the Commons

We present a model in which investors decide whether or to what degree they want to allow their behavior to be influenced by "market sentiment." Investors who choose to insulate their decisions from market sentiment earn higher expected returns, but incur a small mental cost. We show that if information is moderately dispersed across investors, even a very small mental cost may result in a significant amount of sentiment in equilibrium: Individuals who choose to be swayed by sentiment increase uncertainty about the future and make it less costly for others to be swayed by sentiment as well.
A Grand Slam of Professional Irresponsibility and Judicial Disregard

Professor Monroe H. Freedman has devoted his professional life to studying and enhancing the professional ethics of lawyers. He has received the American Bar Association’s highest award for professionalism, in recognition of a “lifetime of original and influential scholarship in the field of lawyers’ ethics.” The New York Times described him as “a pioneer in the field of legal ethics,” which he certainly is. From 1975, when he published his treatise Lawyers’ Ethics in an Adversary System, to last year when he co-authored Understanding Lawyers’ Ethics, he has asked questions others preferred to avoid and endeavored to assure that lawyers throughout the legal profession develop and adhere to high standards.
Is There an American Jurisprudence

Defining intellectual movements by nationality or geography is probably as common as it is misleading. Consider, for example, the oft-noted contrast between 'Anglo-American' analytic philosophy and so-called 'Continental' philosophy. Although most students understand right away that these labels are really proxies for differences in philosophical style and concerns, it is still curious that the tradition of Hegel and Heidegger should be named after a 'Continent' that was also the birthplace of foundational figures in the 'opposed' analytic tradition (for example, Wittgenstein and Carnap). These geographic labels have become increasingly misleading in recent years-as prominent 'Anglo-Americans' like John McDowell now regularly invoke Hegel and Gadamer in a prose style that often rivals theirs for opacity;1' as Parisians like Jacques Bouveresse and Dan Sperber make contributions to the analytic tradition in philosophy of language and mind;2 and as the most illuminating commentatory on 'Continental' figures is done, almost without exception, by analytically-trained Anglo-American philosophers.3 There remains, to be sure, some profound differences between the philosophical orientation and method of the traditions of Hegel, Marx, Nietzsche and Heidegger versus that of Wittgenstein, Carnap, Quine, and Kripke,4 but it is not a difference that is much illuminated by reference to geography or nationality. It is a curious feature of Neil Duxbury's book Patterns ofAmerican Jurisprudence5 that it should display so little anxiety about whether its subject-matter-that is,
Legal Theoretic Inadequacy and Obesity Epidemic Analysis

This Article explores crucial analytic and normative limitations in presently dominant and ascendant approaches to legal theory. The approaches' failure to provide a satisfying framework for analyzing the obesity epidemic presently raging undeterred in American society reveals these limitations. Conventional law and economics scholars writing on the subject have deployed familiar frameworks to reach predictable conclusions that are neither intellectually nor morally justifiable. This Article argues that recent theoretical innovations promulgated within the burgeoning law and behavioralism movement have thus far provided no more reliable a framework for legal analysis of the obesity epidemic than has conventional law and economics. This Article critiques in particular the behavioral law and economics concepts of "libertarian paternalism" and "asymmetric paternalism," as well as the concept of "expressive overdeterminism," recently developed by proponents of "cultural cognition theory." This project is undertaken as part of a broader effort to develop an alternative approach to legal theory that previous co-authors and I call "critical realism." The theoretical arguments herein are broad, but this Article aims to also advance obesity epidemic analysis in particular. Part V briefly discusses specific public policy implications of my assessment, with special reference to a policy innovation based in the reform of corporate law.
Fleeing Time Below The Poverty Line-is It A Crime? C.E.L. v. State And Its Impact On Indigent Defense And Police-citizen Relations

This paper discusses the legal basis for the Florida Supreme Court’s decision in C.E.L. v. State (C.E.L. II), which criminalizes the act of “continued flight” from law enforcement. The case is controversial in light of the community-police tensions in high-crime, low-income areas of Florida. This paper argues that the Florida legislature should take steps to protect certain individuals who may unwittingly find themselves caught in the broad net of this crime. Part II of this paper begins by discussing the statute at issue, found in section 843.02 of the Florida Statues. This note also discusses basic Fourth Amendment principles, including consensual encounters, the investigatory stop, and probable cause for a lawful arrest. In Part II–A, this paper analyzes the U.S. Supreme Court precedent Terry v. Ohio and Illinois v. Wardlow, interpreting the reasonableness of warrantless seizures and pat-downs under the Fourth Amendment. Part II–B discusses the conflicting case law in the Florida District Courts of Appeal leading to the decision in C.E.L. II, including an in-depth analysis of the lower court C.E.L. v. State (C.E.L. I) decision, much of which the Florida Supreme Court adopts. Part III–A will offer an analysis of the C.E.L. II decision itself, as its reasoning is constrained by the Florida Constitution. In Part III–B, this paper focuses on Justice Pariente’s concurrence, which highlights defenses in the criminal attorney’s arsenal. These include (1) disputing the existence of reasonable articulable suspicion to justify the investigatory stop, (2) arguing the defendant’s flight was not “unprovoked” or “headlong,” and (3) disputing the site of arrest as a “high-crime area.” Part III–C briefly mentions suppression cases decided after C.E.L. II and considers where this area of the law may be heading. Part IV concludes this note by offering political solutions to the problems presented by the current state of the law, both legislative and executive. This paper recommends adding additional language to section 843.02 in an approach borrowed from the “community caretaking” model. Here, this paper proposes that as a condition to a warrantless arrest under the statute, the officer must have reasonable grounds to believe that some emergency exists. This proposal brings the statute in line with the initial bases for allowing such stops from Terry v. Ohio and Illinois v. Wardlow. Also, this solution takes into account the concerns of the lower district courts of appeal giving rise to the legal conflict.
Local Demand for a Global Intervention: Policy Priorities in the Time of AIDS

- The success of global health and development interventions ultimately depends on local reception. This paper documents local demand for HIV/AIDS interventions in Africa and seeks to explain patterns of demand using data from a country hard-hit by AIDS. As international agencies and national governments scale up HIV/AIDS interventions in Africa, I find HIV-positive respondents more highly prioritize HIV/AIDS programs, however, cross-national opinion data paired with interviews of villagers and their headmen in rural Malawi show weak prioritization of HIV/AIDS. The data illustrate a misalignment of policy preferences in the global-to-local hierarchy, highlighting the import of studying preferences of intended beneficiaries.
Climategate, Public Opinion, and the Loss of Trust

Nationally representative surveys conducted in 2008 and 2010 found significant declines in Americans’ climate change beliefs, risk perceptions, and trust in scientists. Drawing upon the Social Ampl...
Duties of Flag States to Implement and Enforce International Standards and Regulations - And Measures to Counter Their Failure to Do So

The article investigates the duties of flag States to implement and enforce international standards and regulations. Two related but distinct topics are treated: General duties of flag States (applicable especially to merchant vessels) and duties concerning fishing vessels. After scrutinising the reasons for inadequate flag State implementation and enforcement, the author discusses possible counter measures of non-flag States. The article notably evaluates systems of Port State Control and possibilities of non-flag States to enforce RFMO regulations and other fishing vessel responsibilities against non-member vessels. Finally, possible consequences against the flag State itself, as opposed to merely its vessels, are examined and if it is permissible to non-recognise a vessel's flag in case the flag State consistently violates its duties to control its vessels.
On the Role and Regulation of Proxy Advisors

The role of proxy advisors has increasing relevance because the Securities and Exchange Commission has recently undertaken a review of the mechanisms of proxy voting - less gracefully but perhaps aptly described as “proxy plumbing” - and the role of proxy advisors in that process. This short essay discusses the role of proxy advisors and their regulation. In particular, the essay addresses why institutional investors purchase corporate governance ratings and advice despite the fact that the advice appears to be of poor quality. The essay then discusses potential regulation of proxy advisors by the Securities & Exchange Commission.
Determinants of Causal Ambiguity and Difficulty of Knowledge Transfer within the Firm

The knowledge-based view of the firm portrays knowledge assets as the basis of sustainable competitive advantage. However, leveraging the knowledge available to the firm is not straightforward. The transfer of best practices within the firm or the replication of a certain routine poses challenges for managers. Causal ambiguity of knowledge makes it difficult to transfer practices into other contexts within the firm. In this paper, a new framework is proposed that identifies four antecedents to causal ambiguity: complexity, tacitness, relevance to the existing knowledge base, and the locality of knowledge. The paper concludes with the implications of the framework.
Man, my brain is tired: Linking depletion and cognitive effort in choice

Abstract Understanding how limited resources influence decision making is important to theory and even more to important practice. I focus on two questions inspired by Baumeister et al.: (1) What exactly is depleted? and (2) Is it useful to employ Systems 1 and 2 in modeling depletion? I discuss possible candidates for depletion at both the neural and the cognitive process levels and argue that a dual process model of depletion makes a very clear set of testable predictions. Finally, I believe that understanding the causes of depletion is essential in designing helpful choice environments.
The EU's New Impact on American Environmental Regulation

Due to its increasing size and growing regulatory momentum, the European Union is quickly becoming an alternative power center to the United States in the field of environmental policy. Within the past several years, there has consequently been an emerging and discernible trend of EU policy and law on the environmental laws and policy of United States. This piece explores the new European chemicals legislation on Registration, Evaluation, and Authorization of Chemicals (REACH) as one example of this "back impact." Because REACH will affect virtually all multinational corporations, its impacts will be global, including the United States. The article explores some of the public policy consequences of this new phenomenon, in which the U.S. is on the receiving end of regulatory policy crafted in Brussels.
Predictability and the earnings–returns relation

Abstract This paper studies the effects of predictability on the earnings–returns relation for individual firms and for the aggregate. We demonstrate that prices better anticipate earnings growth at the aggregate level than at the firm level, which implies that random-walk models are inappropriate for gauging aggregate earnings expectations. Moreover, we show that the contemporaneous correlation of earnings growth and stock returns decreases with the ability to predict future earnings. Our results may therefore help explain the apparently conflicting recent evidence that the earnings–returns relation is negative at the aggregate level but positive at the firm level.
The Politics of Social Policy in America: The Causes and Effects of Indirect versus Direct Social Spending

The United States has a divided social system in that both the public and private sectors provide citizens with benefits and services. The effects of political party control on public social policy are widely known. An area of study less understood is how partisanship influences private social benefits. I develop and test a theory that political parties’ choice between indirect and direct social expenditures is primarily motivated by a desire to alter the balance between public and private power in society. First, I find no statistically conclusive evidence that Democratic control of the federal government results in higher levels of total social spending. Additionally, my results show that Republican control of the legislature results in a higher ratio of indirect to direct social spending. These results have implications for determining the beneficiaries of social benefits and economic inequality.
Social Mobility and the Demand for Redistribution: The Poum Hypothesis

This paper examines the often stated idea that the poor do not support high levels of redistribution because of the hope that they, or their offspring, may make it up the income ladder. This “ prospect of upward mobility” (POUM) hypothesis is shown to be fully compatible with rational expectations, and fundamentally linked to concavity in the mobility process. A steady-state majority could even be simultaneously poorer than average in terms of current income, and richer than average in terms of expected future incomes. A e rst empirical assessment suggests, on the other hand, that in recent U. S. data the POUM effect is probably dominated by the demand for social insurance. “ In the future, everyone will be world-famous for e fteen minutes” [Andy Warhol 1968].
QUASI-MAXIMUM LIKELIHOOD ESTIMATION OF SEMI-STRONG GARCH MODELS

This note proves the consistency and asymptotic normality of the quasi–maximum likelihood estimator (QMLE) of the parameters of a generalized autoregressive conditional heteroskedastic (GARCH) model with martingale difference centered squared innovations. The results are obtained under mild conditions and generalize and improve those in Lee and Hansen (1994, Econometric Theory 10, 29–52) for the local QMLE in semistrong GARCH(1,1) models. In particular, no restrictions on the conditional mean are imposed. Our proofs closely follow those in Francq and Zakoian (2004, Bernoulli 10, 605–637) for independent and identically distributed innovations.
The market as a social space: On the meaningful extraeconomic conversations that can occur in markets

Prominent economic sociologist Richard Swedberg has argued that economists have failed to develop a theory of the market that recognizes it as a “social phenomenon in its own right.” While this may be true of mainstream economics, the Austrian school’s theory of the market is much richer than the standard view. For Austrians, the market has always been a central concern. And Austrians have always argued that the market is a social structure where both exchange and competition occurs. Still, Austrians give little more than scant attention to the noneconomic sociality that occurs in markets. The market, however, is both a conversation and an arena where meaningful conversations can occur. This paper is an effort to focus attention on the market as a social space where social activity (beyond competition and exchange) takes place and where noneconomic relationships and economic relationships develop.
A Note on Job Mobility Among Workers with Disabilities

This article uses data from the 1990 and 1993 panels of the Survey of Income and Program Participation to analyze relationships between disability status and job mobility. We identify individuals who experienced voluntary or involuntary job separations over a 20-month period and examine the effect of disability status on rates of job change and wage growth following a job change. The results show that disabled workers are more likely to experience involuntary job changes than are nondisabled workers, but there is little difference in the wage effects of job changes by disability status.
Determinants of Corporate Call Policy for Convertible Bonds

Abstract For a sample of convertible bonds issued during the period 1980 through 2002, we empirically investigate the determinants of call policy. We find that the risk of a failed call over the call notice period helps explain why firms call only after conversion value exceeds call price by a substantial safety premium. We find strong evidence that cash flow considerations and a desire to mitigate agency conflicts influence call policy. We also find evidence that the decision to issue and subsequently call a convertible bond is influenced by a desire to obtain backdoor equity financing and to finance growth options. There is no evidence, however, that firms with favorable inside information are more likely to delay calls. Finally, we find that a significant portion of calls are associated with restructuring and merger activity, and with bond rating upgrades and downgrades. In these cases, there is little if any call delay.
Electoral control and the human capital of politicians

Abstract We develop a model of electoral control in which politicians in a legislative body allocate their time between providing constituency services to their voters, and pursuing the objectives of legislative cliques and factions. While a politician's human capital symmetrically increases his inherent ability to engage in both endeavors, our analysis uncovers an equilibrium bias towards the latter. As a result of the strategic interdependencies among legislators, a trade-off arises between politicians' human capital and voters' ability to exert electoral control. We characterize conditions under which an increase in the human capital of politicians makes voters worse off by encouraging all politicians to divert their attention away from their constituents.