cssi/SciSciGPT-SciSciNet huggingface dataset:
Diffusion and the Constitutionalization of Europe

This article begins with a rather forceful defense of the explanatory role of formal institutions—and, in particular, constitutions—in the study of democratization. Important aspects of constitutions play a significant part in shaping the quality, type, and survival of institutional arrangements in new democracies. With this assumption, the article turns seriously to theories of constitutional design, any of which must grapple with the overwhelming prima facie evidence of constitutional diffusion. It is well known that constitutional ideas travel easily across contexts. However, scholars until now have lacked even basic empirical evidence regarding the patterns of constitutional similarity across time and space. This article introduces exactly this sort of evidence in the context of 19th-century Europe, employing a new data set expressly designed for such a purpose. The analysis uncovers a number of new insights regarding the spread of constitutional ideas in Europe, insights that disturb some of the classic narratives of democratization in these cases.
Conservatism in Accounting Part II: Evidence and Research Opportunities

This paper is Part II in a two‐part series on conservatism in accounting. Part I examined alternative explanations for conservatism in accounting and their implications for accounting regulators (SEC and FASB). Part II summarizes the empirical evidence on the existence of conservatism, conservatism's increase over time, and conservatism's alternative explanations. It also discusses opportunities for future research on conservatism. The empirical literature uses a variety of conservatism measures in time‐series and cross‐sectional tests of contracting, shareholder litigation, taxation, and accounting regulation explanations for conservatism. The tests' results suggest the importance of all four explanations. Two non‐conservatism explanations—earnings management and the abandonment option—cannot individually or jointly explain the observed systematic understatement of net assets that is the hallmark of conservatism. Researchers should note that accounting's effects on managerial behavior play a central role...
Cooperation, Fast and Slow: Meta-Analytic Evidence for a Theory of Social Heuristics and Self-Interested Deliberation

Does cooperating require the inhibition of selfish urges? Or does "rational" self-interest constrain cooperative impulses? I investigated the role of intuition and deliberation in cooperation by meta-analyzing 67 studies in which cognitive-processing manipulations were applied to economic cooperation games (total N = 17,647; no indication of publication bias using Egger's test, Begg's test, or p-curve). My meta-analysis was guided by the social heuristics hypothesis, which proposes that intuition favors behavior that typically maximizes payoffs, whereas deliberation favors behavior that maximizes one's payoff in the current situation. Therefore, this theory predicts that deliberation will undermine pure cooperation (i.e., cooperation in settings where there are few future consequences for one's actions, such that cooperating is not in one's self-interest) but not strategic cooperation (i.e., cooperation in settings where cooperating can maximize one's payoff). As predicted, the meta-analysis revealed 17.3% more pure cooperation when intuition was promoted over deliberation, but no significant difference in strategic cooperation between more intuitive and more deliberative conditions.
The Immigrant Paradox: Protecting Immigrants Through Better Mental Health Care.

The Immigrant Paradox refers to a phenomenon noted by psychologists and psychiatrists that recently arrived immigrants report lower rates of psychiatric problems and substance abuse disorders than native born Americans. This is in spite of the obvious challenges that come with significant life changes of immigration that present stress and anxiety. Over time, however, immigrants’ mental health outcomes begin to deteriorate to reflect the mental health outcomes of the general population. Major studies of the mental health needs of the immigrant population show that they are underserved and they underutilize mental health care as their needs arise. Untreated mental health issues, both for immigrants and native born Americans are associated with a range of unhealthy outcomes such as substance abuse, and minor criminal behavior. For immigrants, an additional danger is being drawn into the aggressive immigration removal system that has increasingly focused on the types of offenses that might be committed by those with unaddressed mental health needs. This article proposes that better mental health care at the state level, with broader access to health insurance and utilization of culturally sensitive treatment is a way to divert immigrants out of the removal system. This article explores the mental health care needs of immigrants and the barriers they face to access, such as cultural and economic barriers such as a lack of insurance. This piece provides an overview of the evolution of national mental health care system, which operates with significant gaps and deficiencies leading to many with unaddressed needs winding up in prisons and jails. As this increasing overlap has occurred between mental health issues and the criminal justice system, our immigration system has also evolved to increasingly overlap with the criminal justice system by greatly expanding the offenses for which an immigrant can be removed. This evolution in our immigration system reflects longstanding concerns in our nation about being burdened by unworthy, defective and criminally inclined immigrants. Our earliest immigration laws specifically singled out people with mental defects as excludable from the United States. Our modern system of removal serves the same role with its focus on drug and minor criminal offenses. What is needed is a re-framing of the issue to see better access to mental health care as a way to protect public safety and prevent the reification of false and negative stereotypes about immigrants. Given the current tone of the Trump administration narrative that immigrants are a threat to national security, efforts to address this issue are more likely to succeed among the states.
Beyond Backlash: Assessing the Impact of Judicial Decisions on LGBT Rights

This article evaluates the widespread scholarly claim that the courtroom victories of the lesbian, gay, bisexual, and transgender rights movement have invariably provoked a counterproductive political backlash. Those victories have indeed provoked conservative countermobilization, but that has not been their only or even their most prominent effect. Assessing the political reaction to the movement's judicial victories, the policy impact of those victories, and the alternative strategic paths that were available to the movement at the outset, I argue that here, as elsewhere, legal mobilization has sometimes been a promising avenue for pursuing policy changes whose prospects were otherwise quite limited.
Do innovation measures actually measure innovation? Obliteration, symbolic adoption, and other finicky challenges in tracking innovation diffusion

Abstract Although innovation diffusion is a central topic in policy and strategy, its measurement remains difficult – particularly in cases where the innovation is a complex and possibly ambiguous practice. In this paper, we develop four theoretical mechanisms that may bias diffusion markers by leading to the understatement and/or overstatement of diffusion at different points in time. Employing the case of “green chemistry,” we then compare three different diffusion markers – keywords, database index terms, and domain expert assessments – and we demonstrate how they lead to differing conclusions about the magnitude and timing of diffusion, organizational demography, publication outlets, and collaboration. We also provide suggestive evidence of extensive “greenwashing” by particular organization types and in particular countries. Building on these findings, we point to potential challenges with existing diffusion studies, and we make a case for the incorporation of practitioners in construct measurement and for the integration of comparative metrics in diffusion studies.
Partially Linear Models with Unit Roots

This paper studies the asymptotic properties of a nonstationary partially linear regression model. In particular, we allow for covariates to enter the unit root (or near unit root) model in a nonparametric fashion, so that our model is an extension of the semiparametric model analyzed in Robinson (1988, Econometrica 56, 931–954). It is proved that the autoregressive parameter can be estimated at rate N even though part of the model is estimated nonparametrically. Unit root tests based on the semiparametric estimate of the autoregressive parameter have a limiting distribution that is a mixture of a standard normal and the Dickey–Fuller distribution. A Monte Carlo experiment is conducted to evaluate the performance of the tests for various linear and nonlinear specifications.We thank Bruce Hansen, Roger Koenker, Helmut Lutkepohl, Peter Phillips, three referees, and participants of the 8th World Congress of the Econometric Society and the 10th Midwest Econometrics Group Meeting for helpful comments on an earlier version of this paper. This investigation was supported by the University of Kansas General Research Fund allocation 2301789-003.
CENTRAL LIMIT AND FUNCTIONAL CENTRAL LIMIT THEOREMS FOR HILBERT-VALUED DEPENDENT HETEROGENEOUS ARRAYS WITH APPLICATIONS

We obtain new central limit theorems (CLT's) and functional central limit theorems (FCLT's) for Hilbert-valued arrays near epoch dependent on mixing processes, and also new FCLT's for general Hilbert-valued adapted dependent heterogeneous arrays. These theorems are useful in delivering asymptotic distributions for parametric and nonparametric estimators and their functionals in time series econometrics. We give three significant applications for near epoch dependent observations: (1) A new CLT for any plug-in estimator of a cumulative distribution function (c.d.f.) (e.g., an empirical c.d.f., or a c.d.f. estimator based on a kernel density estimator), which can in turn deliver distribution results for many Von Mises functionals; (2) a new limiting distribution result for degenerate U -statistics, which delivers distribution results for Bierens's integrated conditional moment tests; (3) a new functional central limit result for Hilbert-valued stochastic approximation procedures, which delivers distribution results for nonparametric recursive generalized method of moment estimators, including nonparametric adaptive learning models.
Earnings news, expected earnings, and aggregate stock returns

In contrast to firm-level relations, researchers have found that aggregate earnings changes and aggregate stock returns are negatively related. In this paper, we construct new measures of aggregate earnings news based on revisions in analyst forecasts. The findings suggest aggregate earnings news is positively related to contemporaneous stock returns. The results also show that aggregate stock returns are positively related to unexpected aggregate forecast errors, and negatively associated with expected aggregate earnings growth. Taken together, these findings suggest the negative relation between aggregate earnings changes and aggregate contemporaneous stock returns results from the expected component of aggregate earnings, rather than aggregate earnings surprises.
Dynamic selection and distributional bounds on search costs in dynamic unit‐demand models

This paper develops a dynamic model of consumer search that, despite placing very little structure on the dynamic problem faced by consumers, allows us to exploit intertemporal variation in price distributions to estimate the distribution from which consumer search costs are initially drawn. We show that static approaches to estimating this distribution may suffer from dynamic sample selection bias. This can happen if consumers are forward‐looking and delay their purchases in a way that systematically depends on their individual search costs. We consider identification of the population search cost distribution using only price data and develop estimable nonparametric upper and lower bounds on the distribution function, as well as a nonlinear least squares estimator for parametric models. We also consider the additional identifying power of weak, theoretical assumptions such as monotonicity of purchase probabilities in search costs. We apply our estimators to analyze the online market for two widely used econometrics textbooks. Our results suggest that static estimates of the search cost distribution are biased upwards, in a distributional sense, relative to the true population distribution. We illustrate this and other forms of bias in a small‐scale simulation study. Nonsequential search consumer search dynamic selection nonparametric bounds C14 C57 D43 D83
Introduction: International Perspectives on Health Policy

This special issue of Law & Policy examines legal, bioethical, and social science perspectives on the critical problems and choices arising from the rapid changes in the health care systems throughout the industrialized world. Advances in medical technology, the rising costs of health care, and the aging of the industrial populations have made health care a crucible for many of the broader policy concerns facing the world in the new millennium. The purpose of the special issue was for these issues to be addressed in a multidisciplinary forum, to add to the broader spectrum of socio–legal scholarship. Scholars from diverse countries examined a variety of issues from ethical, social science, and clinical perspectives.
Storians: Building on Indigenous Knowledge to Enhance Ni‐Vanuatu Mediative Capacity

This article examines the elicitive style of conflict resolution training implemented in Vanuatu through the Kastom Governance Partnership, an international collaboration between Australian and Ni-Vanuatu institutions. The workshops sought to elicit and articulate a framework of managing conflict that built on kastom mediation, introduced Western conflict resolution frameworks and skills, and provided critical reflection on both. The aim of the workshops was to build the mediative capacity of Ni-Vanuatu chiefs in dealing with conflicts impacted by introduced change. The training outcomes indicate both strengths and challenges of elicitive-style workshops designed to elide the hegemony of Western conflict resolution training.
Risks, Returns, and Optimal Holdings of Private Equity: A Survey of Existing Approaches

We survey the academic literature that examines the risks and returns of private equity investments, optimal private equity allocation, and compensation contracts for private equity firms. The irregular nature and limited data of private equity investments complicate the estimation and interpretation of standard risk and return measures. These complications have led to substantial disparity in performance estimates reported across studies. Moreover, studies suggest that the illiquidity and transaction costs inherent in private equity investments have substantial implications for optimal holdings of these assets. While incentive fees in private equity address moral hazard and information agency problems, total fees in private equity investments are very large and incentive fees account for a minority of total compensation.
Gains from financial integration in the European Union: Evidence for new and old members☆

Abstract We estimate the benefits of financial integration resulting from international risk sharing among the 25 EU countries. Under full risk sharing, country-specific output shocks are diversified across the EU members and output volatility of an individual country is not reflected in its consumption. The gains from risk sharing are expressed as the utility equivalent of a permanent increase in consumption. We report positive potential welfare gains for all the EU countries if they move toward full risk sharing. Ten country-members who joined the Union in 2004 would potentially obtain much higher gains than the longer-standing 15 members.
Do European capital flows comove

Abstract We study the cross-section correlations of net, total, and disaggregated capital flows for the major source and recipient European Union countries. We seek evidence of changes in these correlations since the introduction of the euro to understand whether the European Union can be considered a unique entity with regard to its international capital flows. We make use of Ng’s (2006) “uniform spacing” methodology to rank cross-section correlations and to shed light on potential common factors driving international capital flows. We find that a common factor structure is suitable for equity flows disaggregated by sign but not for net and total flows. We only find mixed evidence that correlations between types of flows have changed since the introduction of the euro.
Voluntary, Self-Regulatory, and Mandatory Disclosure of Oil and Gas Company Payments to Foreign Governments

SYNOPSIS Concerns about high rates of government corruption in resource rich countries have led transparency advocates to urge oil and gas firms to disclose payments to host governments for natural...
Rationing a Commodity along Fixed Paths

Abstract A commodity is divided among agents with single-peaked preferences. The commodity is either infinitely divisible or comes in indivisible units. Arationing methodelicits individual peaks (demands); if the commodity is overdemanded (resp. underdemanded), no agent receives more (resp. less) than his peak. Afixed-pathrationing method allocates an overdemanded “good” along a path independent of individual demands, except that an agent receives exactly his demand if it is below the path-generated share. An underdemanded “bad” is allocated similarly alonganotherpath. The four properties efficiency, strategyproofness, resource monotonicity, and consistency characterize the set of fixed path rationing methods.Journal of Economic LiteratureClassification Numbers: D63, D70
Tax Farming; A Radical Solution for Developing Country Tax Problems?

Systemic tax administration problems in many developing countries have led to a search for radical solutions. One such proposed solution is tax farming. Tax farming is a system wherein the right to collect taxes is auctioned off to the highest bidder. An analysis of the historical experience with tax farming shows that its purported administrative efficiency is largely illusory. While certain aspects of tax administration may be suitable for privatization, the classic form of tax farming would appear to have little attraction for a modern state concerned with justice and equity.
Making Impossible Tax Reform Possible

The United States has long struggled to reform its federal income tax code. Despite enthusiastic and widespread bipartisan support for tax reform laws that would eliminate special-interest loopholes, the legislative process has been paralyzed when it comes to passing these laws. This Article proposes a solution to this seemingly intractable federal tax lawmaking paralysis. This paralysis arises because tax reform spreads its benefits among broad groups while concentrating its costs on narrow ones. Political science theory accurately predicts that laws with this cost-benefit allocation will fail. However, federal lawmakers can overcome tax lawmaking paralysis by distributing tax reform's costs and benefits differently. In particular, the federal government can do this by following the examples of states that have successfully escaped tax lawmaking paralysis by earmarking taxes for specific purposes. This Article examines the phenomenon of earmarking and examines several instances of earmarked state taxes. In so doing, this Article argues that earmarking tax revenues for particular purposes offers an opportunity for lawmakers to permanently reform the tax code at last.
The Effect of Risk on Price Responses to Unexpected Earnings

We investigate the possibility that earnings response coefficients (ERCs) are increasing in total risk (i.e., the sum of systematic and unsystematic risk). Our study extends the investigation of the role of risk in returns-earnings relations initiated by Easton and Zmijewski (1989) and Collins and Kothari (1989). Using the standard valuation model in which expected dividends are discounted at risk-adjusted rates, those studies show that ERCs should decline with systematic risk because the present value of a revision in expected dividends declines as systematic risk increases. We refer to this possibility as the “denominator effect” of risk on ERCs. In contrast, we posit a “numerator effect” of risk on ERCs. Specifically, we suggest that ERCs may increase with total risk because the sensitivity of dividend expectations to firm-specific news is an increasing function of risk. Our empirical work finds a robust positive relation between ERCs and total risk that is both economically and statistically significa...
Getting pegged: comparing the 1879 and 1925 gold resumptions

The authors compare the resumption of convertibility into gold by the United States in 1879 and Britain in 1925 to ascertain the degree to which the outcomes reflected differences in strategies adopted by the authorities or in the external environment. They conclude that external factors were the most important determinant of the very different outcomes of the two episodes. Copyright 1998 by Royal Economic Society.
BANKING FLOWS AND FINANCIAL CRISIS FINANCIAL INTERCONNECTEDNESS AND BASEL III EFFECTS

This paper examines the factors that determine banking flows from advanced economies to emerging markets. In addition to the usual determinants of capital flows in terms of global push and local pull factors, it examines the role of bilateral factors, such as growth differentials and economic size, as well as contagion factors and measures of the depth in financial interconnectedness between lenders and borrowers. The analysis finds profound differences across regions. In particular, in spite of the severe impact of the global financial crisis, banking flows in emerging Europe stand out as a more stable region than is the case in other developing regions. Assuming that the determinants of banking flows remain unchanged in the presence of structural changes, the authors use these results to explore the short-term implications of Basel III capital regulations on banking flows to emerging markets.
Scrutinizing Federal Electoral Qualifications

Candidates for federal office must meet several constitutional qualifications. The President of the United States, for instance, must be a "natural born citizen." Sometimes, whether a candidate meets those qualifications is a matter of dispute. Courts and litigants often assume that a state has the power to include or exclude candidates from the ballot on the basis of the state’s own scrutiny of candidates’ qualifications. Courts and litigants also often assume that the matter is not left to the states but to Congress or another political actor. But those contradictory assumptions have never been examined, until now.This Article compiles the mandates of the Constitution, the precedents of Congress, the practices of states administering the ballot, and judicial precedents. It concludes that states have no role in evaluating the qualifications of congressional candidates — the matter is reserved to the people and to Congress. It then concludes that while states have the power to scrutinize qualifications for presidential candidates, they are not obligated to do so under the Constitution. If state legislatures choose to exercise that power, it comes at the risk of ceding reviewing power to election officials, partisan litigants, and the judiciary. The Article then offers a framework for future litigation that protects the guarantees of the Constitution, the rights of the voters, and the authorities of the sovereigns.
Trade and Productivity: Self-Selection or Learning-by-Exporting in India

Abstract Recent literature tried to explain the Indian growth miracle in different ways, ranging from trade liberalization to industrial reforms. Using data on Indian manufacturing firms, this paper analyzes the relationship between firm's productivity and export market participation during 1991–2004. While it provides evidence of the self-selection hypothesis by showing that more productive firms become exporters, the results do not show that entry into export markets enhances productivity. The paper examines the explanation of self selection hypothesis for total factor productivity differences across 33,510 exporting and non-exporting firms. It uses propensity score matching to test the learning-by-exporting hypothesis. In line with the prediction of recent heterogeneous firm models of international trade, the main finding of the paper is: more productive firms become exporters but it is not the case that learning by exporting is a channel fuelling growth in Indian manufacturing.
Growing up with capital flows

Abstract We examine the capital flows–domestic investment relationship for 60 developing countries from 1979 to 1999. In the 1990s, even as liberalization attracted new flows, foreign capital stimulated less domestic investment than in the preceding decade. With greater financial integration, governments accumulated more international reserves and domestic residents diversified by investing abroad. Foreign investors were also motivated by diversification objectives rather than by unmet investment needs. Inflows were channeled increasingly through portfolio flows—or through foreign direct investment (FDI) with the characteristics of portfolio capital—resulting in weak investment stimulus. However, stronger policy environments strengthened the link between inflows and investment.
University Dons and Warrior Chieftains: Two Concepts of Diversity

The diversity rationale the Supreme Court articulated in Grutter v. Bollinger encompassed two different sorts of educational benefits produced by student-body diversity. First, discourse benefits accrue from the exchange of diverse viewpoints and experiences on campus. Such benefits may have lasting effects beyond school, as minority and majority students alike apply lessons from school to life at large. This was the diversity rationale championed by Justice Powell's opinion in Bakke. Second, and in a departure from Powell's understanding of diversity in Bakke, the Grutter Court acknowledged that our multi-racial society realizes leadership benefits when minority graduates of top universities assume leadership positions in nationally important non-educational institutions like the military, Congress, leading U.S. corporations, and the federal judiciary. From this perspective, the presence of a diverse student body at an educational unit is important not so much for discourse on campus and its societal reverberations, but because the school serves as a gatekeeper institution to nationally sensitive leadership. The leadership-benefit concept of diversity was notably advanced by an amicus brief in Grutter filed by retired military officers. There is marked variation in the extent to which higher educational institutions seek to, and in fact, confer these two sorts of benefits. Liberal-arts colleges represent the strongest case for the discourse benefits of student-body diversity. The selective military academies, whose graduates become commissioned officers of an institution quintessential to national interests, represent the strongest case for the gate-keeping leadership benefits of diversity. Undergraduate institutions, however, cannot stake as persuasive a claim to leadership benefits, because positions of national leadership in America today increasingly require graduate or professional education, the providers of which can correspondingly stake stronger claims to leadership benefits. The compelling interest test as formulated in Grutter should take account of this variation in mission and causation, with the consequence that student-body diversity might not suffice as a compelling government interest in every single higher educational context.
Second Thoughts on Secondary Sanctions

This Article explores the legality of so-called “secondary sanctions” under customary principles of international jurisdiction law. Ordinarily, when the United States imposes economic sanctions, it imposes primary sanctions only—to restrict its own companies and citizens (or other people who are in the United States) from doing business with a rogue regime, terrorist group, or other international pariah. Secondary sanctions, such as secondary trade boycotts and foreign company divestment, involve additional economic restrictions designed to inhibit nonU.S. citizens and companies abroad from doing business with a target of primary U.S. sanctions. Secondary sanctions have proven highly controversial, in part because of broad claims that they are illegally “extraterritorial” in purpose and effect. This Article challenges the conventional view. It suggests that a wide range of secondary sanctions measures are permissible if tailored to regulate exclusively on “terrinational” grounds—on the combined basis of territorial and nationality jurisdiction. Secondary sanctions may seldom be wise as a matter of policy, but when primary sanctions fail, secondary sanctions may be a last alternative to the use of military force. Because the use of secondary sanctions has been complicated by lack of clarity about their legality, terrinational forms of secondary sanctions should be considered as an alternative to other more legally controversial forms of secondary sanctions. * Associate Professor of Law, Quinnipiac University School of Law. I am indebted to commentators at the University of Pennsylvania trade sanctions symposium and to my colleagues at Quinnipiac School of Law where I presented an earlier draft of this paper. Special thanks to Perry Bechky, William Dodge, Stephen Gilles, and especially Linda Ross Meyer for very helpful criticism and comments on a written draft. Thanks also to Quinnipiac law student Danielle Robinson for research assistance. 906 U. Pa. J. Int’l L. [Vol. 30:3
Market Power and the Lerner Index: A Classroom Experiment

We describe a classroom experiment that illustrates the concepts of market power and the Lerner Index. Students are organized in groups, each making a decision for a monopolist. Monopolists face different (unknown) demand curves, each with a different (constant) elasticity. Through repetition, students discover the profit maximizing solution and find that different monopolies have different mark-ups. The experimenter then reveals the unknown demand curves and illustrates how different elasticities are graphically and numerically connected to mark-ups and the Lerner index. The experiment can be used in a wide variety of courses including principles of economics, intermediate microeconomics, industrial organization, international trade, managerial economics and MBA classes. The experimental design is flexible: it can accommodate different class sizes (ranging from 10 to 100+ students) as well as different demand parameterizations. Finally, to reinforce the economic concept of profit maximization (MR=MC) in this setting, we also suggest and describe the implementation of an exercise based on the experimental design.
Mediation as Regulation: Expanding State Governance Over Private Disputes

Across the United States, state legislatures are issuing new mediation mandates that govern how private parties resolve their disputes. Legislatures embed these mediation mandates into specific statutory regimes ranging from foreclosure to health care to insurance coverage. Rather than leave decisions about ADR design to other state institutions, like courts or administrative agencies, legislatures increasingly retain that authority and formalize the mediation process with legal requirements that regulate parties’ behavior and influence mediation outcomes. This Article explains how legislatures wield mediation as a regulatory tool in this latest phase of mediation’s institutionalization. It argues that statutory mediation mandates should be viewed as a form of decentralized governance, a paradigm that reconfigures the relationship between public and private spheres of power. Viewing these mandates as decentralized governance reveals what can be helpful, and also problematic, about formalizing mediation and underscores why legislatures must exercise care when designing procedural architecture
The Evolution of International Law

Globalization, characterized by the inter-connectivity of persons, states, and non-state actors on a global plane, has led to the development of binding international law across several legal fields, namely, international human rights, international criminal law, and private international law. This Article explores the proliferation of actors, norms, and organizations, as well as the expansion of international jurisdiction that has underscored the development of international law over the last half century. The Article focuses on the impact of globalized international law on state actors, as well as on individuals, by reshaping their behavior in the international realm. In particular, this Article assesses the role that globalized international law plays in specific legal fields, drawing comparisons and suggesting what the future-might hold for such fields of law.
China–Rare Earths : Export Restrictions and the Limits of Textual Interpretation

The China–Rare Earths decision of the Appellate Body addressed two main issues: (i) whether China's obligations not to impose export duties under its accession protocol are subject to exceptions under Article XX of GATT, and (ii) the scope of the exception for China's export quota measures relating to conservation under Article XX(g) of GATT. In accord with its China–Raw Materials decision, the Appellate Body found that there is no textual basis for the application of the Article XX exception to China's export duty obligations. This interpretation exalted a narrow contextual approach over an approach to interpretation that would focus on broader context, object, and purpose. The Appellate Body also approved the Panel's overall approach to determining the availability of the Article XX(g) exception. This approach focused on the design and structure of China's quota measure, but left unresolved important issues, including the extent to which non-conservation purposes may prevent use of the exception and the role of empirical evidence of effects in these determinations. While the Appellate Body found that there is no ‘even-handedness’ requirement in Article XX(g) itself, we argue that the chapeau's requirement of non-discrimination is an appropriate additional criterion for determining whether a policy with a target of reducing extraction of a natural resource satisfies the requirements of Article XX.
The voluntary provision of a pure public good? Another look at CFC emissions and the Montreal Protocol

Based on their finding of a positive and nearly linear relationship between GNP and reductions of chlorofluorocarbon (CFC) emissions in the run-up to the Montreal Protocol, Murdoch and Sandler (1997) have argued that the treaty's initial emission targets were consistent with voluntary provision of abatement rather than cooperative behavior. This paper documents that their analysis relies on largely imputed emission data that overstate emission reductions compared to emission data that countries reported to UNEP. The imputation procedure appears to induce a spurious positive correlation between income and CFC reductions. In a replication of the econometric analysis using UNEP data, the hypothesis of a positive and linear relationship between the two variables is rejected. These findings call for a more cautious interpretation of emission targets set by the Montreal Protocol and alert researchers to important limitations of a data set that has been widely used in empirical studies of this treaty.
Changing the Price of Marriage: Evidence from Blood Test Requirements

Abstract:We use state repeals of blood test requirements (BTRs) for a marriage license that occurred between 1980 and 2008 to examine the impact of changes in the price of marriage on the marriage decision. Using a within-group estimator that holds constant state and year effects and exploits variation in the repeal dates of BTRs across states, we find that BTRs are associated with a 6.1 percent decrease in marriage licenses issued by a state. This main finding is supported with results from individual-level marriage license and Current Population Survey data. The largest effects are found for lower socioeconomic groups.
Perspectives on the sources of heterogeneity in Indian industry

Abstract This paper examines technical efficiency variation across four industrial sectors in India using a stochastic production frontier technique. The results obtained are comparable to technical efficiency distribution patterns obtained in other countries. Heterogeneity in firm-level efficiency is examined against internal, firm-level and external, industry and location characteristics. The results suggest that managerial effectiveness significantly influences efficiency and that there are considerable benefits deriving from location within established industrial clusters for particular industries. The methodology and findings indicate that the study of industry-specific technical efficiency patterns is a useful analytic tool for tracking firm response to ongoing liberalization.
Take Back the Night: Why an Association of Regional Law Schools will Return Core Values to Legal Education and Provide an Alternative to Tiered Rankings

topics, the schools can provide better service to the judiciary and the public without retreating from their obligation to remain a learned profession. If these changes are made cautiously with an eye toward the home university standards, then the tenure-related need for faculty standards on publication will not diminish. In this fashion, law schools can better serve the bar and legal community without losing credibility among their university peers. This concern is more than just a practicality. Since it was this pressure that led to the overinflated reliance on legal scholarship to begin with, it must be taken into account if the Regional Association hopes to be a sustainable enterprise. Further, the scholarship requirements must be sufficiently broad so that the schools which are closer to the national schools in scope can continue to participate as members in AALS as well. There must be room within AALS' learned society for those Regional Association member schools that take their scholarship obligations seriously. Although there will undoubtedly be some "second-class status" within AALS for members in the Regional Association, the scholarship requirements must allow schools to choose to remain part of both AALS and the Regional Association. Fourth, a sufficiently strong Regional Association can meet the U.S. News on its own terms. The current U.S. News ranking system reinforces the elitist assumptions that name recognition equates to quality. If the Regional Association creates objective criteria regarding its core principles, then those schools should be willing to hold themselves accountable on those criteria. While direct rankings will never be palatable to many, awards and recognitions for best practices or notable achievements will get the attention of the schools, their universities, and the people who rely on external validation to evaluate the law school. Rather than rankings, students, alumni, boards of trustees, and the profession should pay closer attention to such evaluative criteria as the diversity of the student body, bar passage rates, tuition costs, or the legal scholarship of facult who have made a difference in court opinions, legislation, or jurisprudence. 1 51. Other criteria are suggested in an annual letter sent by a large majority of ABA deans to prospective law students through a posting on the LSAC website. See Deans Speak Out, http://www.lsac.org/LSAC.asp?url=lsac/deans-speak-out-rankings.asp (last visited Oct. 3, 2006) (listing additional criteria including curriculum, breadth and support of alumni networks, [Vol. 38
Two Tales of Adjustment: East Asian Lessons for European Growth

In 2008, euro area governments instituted fiscal stimulus to counteract the shock of the Global Financial Crisis. In 2010, they changed tack and pursued consolidation. East Asia also implemented stimulus in response to its 1997–98 financial crisis but, unlike Europe, continued fiscal expansion until growth recovered. The baseline difference between the average growth rate of the east Asian countries and the European Periphery/GIIPS prior to their respective crises was 4.21 percentage points. This difference widens to 7.18 percentage points following the European pivot to austerity in region-specific crisis event time. Panel regressions confirm the statistical significance of this 2.97 percentage point increase in the difference-in-difference estimate suggesting that more gradual fiscal consolidation in the GIIPS might have promoted stronger recovery.
How Do Minimum Payment Changes Affect Credit Card Arbitrage

This paper examines how changes in the minimum payment percentage and effective maturity of introductory offers affect credit card arbitrage. Credit Card arbitrage involves taking a cash advance on, or making purchases against, a credit card that offers a low or zero percent introductory interest rate. The proceeds are deposited into a Federal Deposit Insurance Corporation (FDIC) insured money market account. Profits from this strategy are dependent on factors including the minimum payment due on the credit card each month. Recently, under pressure from the U.S. Office of the Comptroller of the Currency, some banks have increased the minimum monthly payment percentage on their cards. We measure the sensitivity of Credit Card arbitrage profits to changes in the offer maturity and the required minimum monthly credit card payment. We also analyze how offer duration changes with changes in the minimum monthly payment. These calculations represent an important contribution to the literature because of the unique pattern of credit card loan payments.
A Game Changer? The Impact of Padilla v. Kentucky on the Collateral Consequences Rule and Ineffective Assistance of Counsel Claims

The Sixth Amendment entitles a criminal defendant to effective assistance of counsel when deciding whether to plead guilty. Defense counsel, therefore, must ensure that his client understands the direct consequences of the plea: the nature of the criminal charge and the sentence. However, pursuant to the traditional collateral consequences rule employed by most courts, counsel has no Sixth Amendment obligation to warn that criminal defendant of so-called collateral consequences, such as mandatory sex offender registration, civil commitment, or ineligibility for parole. Prior to 2010, deportation was also considered a collateral consequence of a guilty plea in most jurisdictions. In Padilla v. Kentucky, the U.S. Supreme Court made deportation an exception to the collateral consequences rule, and held for the first time that counsel’s failure to advise a criminal defendant of the deportation consequences of a guilty plea constitutes ineffective assistance of counsel. Lower courts have differed on whether to interpret Padilla as effecting a change to the collateral consequences rule, and more specifically, how to define direct consequences, in the context of an ineffective assistance of counsel claim. This Note examines the conflict, and concludes that courts should redefine the scope of direct consequences in light of the factors considered by the Court in Padilla.
Workplace-Bridging Religious Capital: Connecting Congregations to Work Outcomes

Research in the sociology of work has long considered the importance of individual worker values but has not considered one of the central sources of those values: the congregation. In this study, we examine this understudied relationship and propose greater theoretical specification on religious capital. We argue that religious capital, like social capital, may have bridging characteristics. We introduce the concept of workplace-bridging religious capital (WBRC) and describe its cultivation within congregations. Using data from a survey of 1,000 fulltime workers, we test the relationship of WBRC (measured with a 15-item Congregational Faith at Work Scale, CFWS) to workplace commitment, job satisfaction, and entrepreneurial behavior. While CFWS alone is not significantly related to workplace commitment or job satisfaction, the interaction of CFWS and church attendance is significant for all three workplace outcomes. Thus, the influence of congregational beliefs on work attitudes and practices is contingent upon an individual’s level of involvement in the congregation. This study builds on the growing body of literature that identifies religious influences in nonreligious domains of everyday life.
Economic Growth and the Environment

We examine the reduced-form relationship between per capita income and various environmental indicators. Our study covers four types of indicators: urban air pollution, the state of the oxygen regime in river basins, fecal contamination of ri'ver basins, and contamination of river basins by heavy metals. We find no evidence that environmental quality deteriorates steadily with economic growth. Rather, for most indicators, economic growth brings an initial phase of deterioration followed by a subsequent phase of improvement. The turning points for the different pollutants vary, but in most cases they come before a country reaches a per capita income of $8000. I. INTRODUCTION Will continued economic growth bring ever greater harm to the earth's environment? Or do increases in income and wealth sow the seeds for the amelioration of ecological problems? The answers to these questions are critical for the design of appropriate development strategies for lesser developed countries. Exhaustible and renewable natural resources serve as inputs into the production of many goods and services. If the composition of output and the methods of production were immutable, then damage to the environment would be inextricably linked to the scale of global economic activity. But substantial evidence suggests that development gives rise to a structural transformation in what an economy produces (see Syrquin [1989]). And societies have shown remarkable ingenuity in harnessing new technologies to conserve scarce resources. In principle, the forces leading to change in the composition and techniques of production may be sufficiently strong to more than offset the adverse effects of increased economic activity on the environment. In this paper we address this empirical issue using panel data on ambient pollution levels in many countries. Examination of the empirical relationship between national income and measures of environmental quality began with our *We thank the Ford Foundation, the Sloan Foundation, the John S. Guggenheim Memorial Foundation, the Institute for Policy Reform, and the Centers of International Studies and of Economic Policy Studies at Princeton University for financial support. We are grateful to Peter Jaffee, who tutored us on the various dimensions of water quality, to Robert Bisson, who provided us with the GEMS/ Water data, and to seminar participants at the O.E.C.D. Development Centre and the Institute for International Economic Studies in Stockholm, Sweden, who gave us helpful comments and suggestions. Special thanks go to James Laity, whose research assistance was simply extraordinary.