cssi/SciSciGPT-SciSciNet huggingface dataset:
Assessment of sample pooling for clinical SARS-CoV-2 testing.

Accommodating large increases in sample workloads has presented a major challenge to clinical laboratories during the coronavirus disease 2019 (COVID-19) pandemic. Despite the implementation of automated detection systems and previous efficiencies, including barcoding, electronic data transfer, and extensive robotics, capacities have struggled to meet the demand. Sample pooling has been suggested as an additional strategy to address this need. The greatest concern with this approach in clinical settings is the potential for reduced sensitivity, particularly detection failures with weakly positive samples. To investigate this possibility, detection rates in pooled samples were evaluated, with a focus on pools containing weakly positive specimens. Additionally, the frequencies of occurrence of weakly positive samples during the pandemic were reviewed. Weakly positive specimens, with threshold cycle (CT ) values of 33 or higher, were detected in 95% of 60 five-sample pools but only 87% of 39 nine-sample pools. The proportion of positive samples with very low viral loads rose markedly during the first few months of the pandemic, peaking in June, decreasing thereafter, and remaining level since August. At all times, weakly positive specimens comprised a significant component of the sample population, ranging from 29% to >80% for CT values above 31. In assessing the benefits of pooling strategies, however, other aspects of the testing process must be considered. Accessioning, result data management, electronic data transfer, reporting, and billing are not streamlined and may be complicated by pooling procedures. Therefore, the impact on the entire laboratory process needs to be carefully assessed prior to implementing such a strategy.
Executive Compensation and the Role for Corporate Governance Regulation

This article establishes a role for corporate governance regulation. An externality operating through executive compensation motivates regulation. Governance lowers agency costs, allowing firms to grant less incentive pay. When a firm increases governance and lowers incentive pay, other firms can also lower executive compensation. Because firms do not internalize the full benefit of governance, regulation can improve investor welfare. When regulation is enforced, large firms increase in value, small firms decrease in value, and all firms lower incentive pay. Distinct cross-sectional and cross-country predictions for the number of voluntary governance firms are provided. The Author 2012. Published by Oxford University Press on behalf of The Society for Financial Studies. All rights reserved. For Permissions, please e-mail: journals.permissions@oup.com., Oxford University Press.
“Attack” as a term of art in international law: The cyber operations context

This article examines the meanings of “attack” in international law. It points out that the term is used in two distinct bodies of that law. First, the term “armed attack” appears in the jus ad bellum, which governs when a State may resort to force as an instrument of its national policy. In that context, it serves as a condition precedent to the resort to force in self-defence pursuant to Article 51 of the UN Charter and customary international law. Second, in the jus in bello attack refers to a particular type of military operation to which various prohibitions and restrictions apply. The jus in bello, or international humanitarian law, establishes rules as to how operations may be conducted during an armed conflict. The article examines and analyses these usages both to distinguish them from each other and to better inform the non-legal community as to their legal significance.
Beyond Carve-Outs and Toward Reliance: A Normative Framework for Cross-Border Insolvency Choice of Law

Choice of law in cross-border insolvency is gaining increased attention, not just by lowly academics but by policymakers who actually matter. I argue it is time to bring some normative guidance to the burgeoning reform efforts. At the highest level of theoretical purity, universalism seems to have (rightly) captured the biggest following. But it has been scaled back by what I call “second-order” considerations of pragmatics to its lesser, modified form. I take that retrenchment as necessary and note how it has been deployed through a carveout-based regime of subject-specific exceptions from lex fori concursus. Given that lay of the land, I suggest a “third-order” normative framework for moving beyond discrete subject matter carveouts and instead propose a reorientation toward a normative principle to justify the necessary carveouts of modified universalism: actual, defensive litigant reliance should be what warrants departure from COMI insolvency law. I contend that this new framework will serve a desirable cabining effect on territorialism by reserving the application of non-COMI law for circumstances when it is truly “required.”
Is IPO Underperformance a Peso Problem

Recent studies suggest that the underperformance of IPOs in the post-1970 sample may be a small sample effect or “Peso problem.” That is, IPO underperformance may result from observing too few star performers ex post than were expected ex ante. We develop a model of IPO performance that captures this intuition by allowing returns to be drawn from mixtures of outstanding, benchmark, or poor performing states. We estimate the model under the null of no ex ante average IPO underperformance and construct small sample distributions of various statistics measuring IPO relative performance. We find that small sample biases are extremely unlikely to account for the magnitude of the post-1970 IPO underperformance observed in data.
The Relationship Between Acculturation, Individualism/Collectivism, and Job Attribute Preferences for Hispanic MBAs

ABSTRACT This research studied the influence of acculturation on the values of Hispanic MBAs in the USA and the effect these values have on job attribute preferences. As predicted, the less acculturated Hispanic MBAs had significantly higher collectivist values than either highly acculturated Hispanic or Anglo-American MBAs. Surprisingly, acculturation was not related to individualism. As theorized, collectivistic, and not individualistic, values were significantly related to a preference for contextual job attributes. In contrast, individualistic, and not collectivistic, values were related to a preference for task-related job attributes. The findings point to the importance of understanding an individual's level of acculturation and his/her specific values, rather than assuming differences based on ethnicity. In addition, the findings indicate that managers dealing with diversity within the USA or globally must understand their employees’ individualistic/collectivistic values before implementing any job design initiatives.
Securities Class Actions Move North: A Doctrinal and Empirical Analysis of Securities Class Actions in Canada

The article explores securities class actions involving Canadian issuers since the provinces added secondary market class action provisions to their securities legislation. It examines the development of civil liability provisions, and class proceedings legislation and their effect on one another. Through analyses of the substance and framework of the statutory provisions, the article presents an empirical and comparative examination of cases involving Canadian issuers in both Canada and the United States. In addition, it explores how both the availability and pricing of director and officer insurance have been affected by the potential for secondary market class action liability. The article suggests that although overall litigation exposure for Canadian companies remains relatively low when compared to their U.S. counterparts, Canadian issuers that have listed their shares in the U.S. face considerable uncertainty as to the extent of their exposure to securities class actions. Through analysis of case law in both jurisdictions, the article highlights the crucial role of liability caps relating to costs in the decision of which jurisdiction to file suit.
Play Ball: What Can Be Done to Prevent Strikes and Lockouts in Professional Sports and Keep the Stadium Lights On

Lockouts and strikes in professional sports have become increasingly more frequent. In 2011 there were lockouts in both the National Football League (NFL) and the National Basketball Association (NBA). In addition, 2012 will likely bring a lockout in the National Hockey League (NHL). This comment analyzes the role that the National Labor Relations Board and the Federal Mediation and Conciliation Service play in ending strikes and lockouts caused by collective bargaining in professional sports. It then looks at what can be done to prevent lockouts and strikes in the future, which would not only benefit fans, but also stadium employees, players, and owners, as none of them make money if there are no games.
Afterword: Antitrust and American Business Abroad Revisited

Kingman Brewster’s exceptionally influential Antitrust and American Business Abroad (1958) came to symbolize an era in antitrust law and in the relationship of U.S. business to international economic activity. It gave conceptual contours to a fundamental problem that had been only dimly perceived before — namely, the need to define the reach of U.S. antitrust law. In a masterful and much expanded third edition of the book, Professor Spencer Waller marks the transition to a new, very different, and far more complex era in antitrust law and in its significance for international business. We have only begun to recognize and grapple with the extent and implications of these changes, and I here use these two books to underscore some of their key features and implications.
The Bicultural I: A Social and Cognitive Approach for Understanding the Psychology of Acculturation

This paper investigates the processes and challenges of creating a socially integrated, empowered immigrant identity by exploring the concepts acculturation model. The author examines the psychology of acculturation and the processes for creating a socially integrated bicultural self for immigrants who retain cultural traditions while adapting to new social norms and practices. The complexity of this process embraces principles from both social and cultural psychological paradigms and emphasizes a non-dual approach for creating meaning for a bicultural individual acculturating into a new society.
When government fails us: trust in post-socialist civil organizations

The research for this article was motivated by a noticeable discrepancy between levels of participation and trust in post-socialist civil organizations. While civic participation in Central and Eastern Europe is almost nonexistent, levels of trust in post-socialist civil organizations compare favourably to those in Western Europe. The first aim of this article is to understand why citizens place relatively high trust in post-socialist civil organizations. The political context, within which civil organizations operate, reveals one explanation for the high levels of trust in civil organizations: government corruption dissuades citizens from relying on state institutions and creates a void that is filled by informal networks of association and civil organizations. Empirical evidence demonstrates that trust in civil organizations focused on socioeconomic and political development is higher among citizens who express concern about corruption in their country. The second aim of this article is to understand th...
The American Constitution as “Our Law”

This essay, written for a symposium on Living Originalism that will appear in the Yale Journal of Law and the Humanities, considers how to apply the theory of Living Originalism to comparative constitutionalism.Living Originalism argues that a constitution like America's must succeed simultaneously as basic law, as higher law, and as "our law" -- a constitution that Americans view “as our achievement and the product of our efforts as a people.” What could these ideas mean in a comparative context?First, the essay discusses how the theory of framework originalism and the method of text and principle might apply to constitutions in countries outside the United States.Second, and conversely, it argues that nothing in the notion of the Constitution as "our law" prevents comparisons to the constitutional experience of other countries as a means of understanding and affirming a distinctive American political identity. In fact, the current debate in the United States over the use of foreign legal materials in constitutional adjudication is really a struggle over American cultural identity, in which both sides are attempting to claim and reshape American constitutional culture.Third, the essay argues that although American constitutional culture's romance with originalism is distinctive, American constitutional interpretation, like the interpretation of many post-World War II constitutions, often employs purposive interpretation that is not originalist. This helps explain how the idea of constitutional redemption -- a key concept in Living Originalism and Constitutional Redemption -- might operate in countries with very different histories than America's.The remainder of the essay emphasizes that questions of interpretive theory flow from larger questions about legitimacy, constitutional faith, and constitutional redemption. The most important disagreements in constitutional theory do not concern technical questions; they concern disagreements about constitutional vision and the proper direction of the country and its trans-generational constitutional project.
Can Public Reporting Cure Healthcare? The Role of Quality Transparency in Improving Patient–Provider Alignment

In the past two decades, government and private organizations have ramped up efforts to measure and publicly report clinical outcomes, a practice known as “public reporting.” For example, in 2005 t...
Governing with Clean Hands: Automated Public Toilets and Sanitary Surveillance

To anyone familiar with the story of urban decay in major American cities in the 1980s – and with the subsequent abolition of toilets from city streets – the introduction of automated public toilets (APTs) to urban spaces sounds like very good news. This article explores the re-democratizing message that commonly accompanies the introduction of APTs to North American city streets as well as their on-the-ground manifestations. It focuses on two major components of APTs: privatization and automation. The process of privatization, which characterizes most APT operations in North America, carries with it various exclusionary effects that stand in stark contrast to the democratic aspirations of public space. Additionally, the APTs normally feature automated devices, and, most prominently, the auto-flush and the automated faucet and dryer. On the face of things, these devices eradicate the injustices that sometimes accompany human discretion. However, they also conceal the necessarily social and value-ridden human decision making that goes into their design. The article proposes that both the privatization and the automation of public toilets are part of a broader and increasingly expansive sanitary regime, one that imposes a morality in practice on its users. The latter are left with relatively limited options as to how to use the space of the washroom and at times join the nonhuman devices themselves in “kicking-back” at their programmers. By comparing automated toilets with attendant-based ones, the article suggests that the project of sanitary surveillance exemplifies the fluidity between traditional and new forms of surveillance.
The Evolution of Legal Education in the United States and the United Kingdom: How one system became more faculty-oriented while the other became more consumer-oriented

This paper explores how our approaches to preparing lawyers for practice became so different. It traces the evolution of the systems for preparing lawyers for practice in the United Kingdom and the United States, and it examines the relative merits of our current situations. Part I describes the key differences in our systems. Part II recounts major events in the histories of legal education in the United States and the United Kingdom. Part III describes new initiatives in the United Kingdom and the United States that may improve legal education.
Endogenous entry/exit as an alternative explanation for the disciplining role of independent analysts

Abstract Gu and Xue [2008. The superiority and disciplining role of independent analysts. Journal of Accounting and Economics, this issue, doi:10.1016/j.jacceco.2008.02.002 ] study the disciplining effect of independent analysts on the accuracy and forecast relevance of the forecasts of non-independent analysts. One of the intriguing results is that while independent analysts issue inferior forecasts, their presence appears to reduce the forecast bias, improve the forecast accuracy and increase the forecast relevance of forecasts issued by non-independent analysts. We explore alternative explanations for the Gu–Xue results. Our evidence of endogenous entry and exit of independent analysts provides a more compelling explanation for the reported results.
IS AMERICAN CORPORATE GOVERNANCE FATALLY FLAWED

This article offers a classic defense of the "shareholder value" principle. No form of corporate governance can guarantee 20-20 vision by management, but the focus in the U.S. on stock prices and shareholder returns is one of the primary strengths of our economy. Certainly, there have been cases in the U.S. of companies investing too little in important capital-intensive technology because of stockholder pressures to pay out funds. But many Japanese firms, facing no such pressures, have overinvested in capital-intensive plants that will never recover their initial investment. Market forces are constantly at work in the U.S. to remove control over corporate assets from managers who lack the competence or vision to deploy them efficiently. The ultimate discipline for the managers of any one firm in the U.S. will always be the managers of other firms, including foreign firms. As long as that competition is unimpeded, there should not be any grave concern about the "supposedly fatal" flaws in our governance system.
Do consumer-confidence indexes help forecast consumer spending in real time?

Abstract Could a researcher or policy analyst use data reported from surveys of consumer confidence to improve forecasts of consumer spending? This issue has been examined in the literature previously, with the conclusion that consumer-confidence data helped improve the forecasts slightly, but not statistically significantly. That research, however, was based on latest-available data rather than information that would have been available to forecasters in real time. This paper remedies that shortcoming, using the Real-Time Data Set for Macroeconomists (RTDSM) to analyze the quality of forecasts made with indexes of consumer confidence. We conjecture that using real-time data might show greater marginal significance for consumer confidence, because the surveys might capture effects that will not appear in the data until they are revised. The main finding is that the indexes of consumer confidence are not of significant value in forecasting consumer spending. In fact, in some cases, they make the forecasts significantly worse, suggesting that consumer-confidence surveys are no better than government data agencies in capturing information about consumer spending.
Managerial Pay and Governance in American Nonprofits

This article examines the compensation of top managers of nonprofits in the United States using panel data from tax returns of the organizations from 1992 to 1996. Studying managers in nonprofits is particularly interesting given the difficulty in measuring performance. The article examines many areas commonly studied in the executive pay (within for-profit firms) literature. It explores pay differences between for-profit and nonprofit firms,pay variability within and across nonprofit industries, managerial pay and performance (including organization size and fund raising) in nonprofits, the effect of government grants on managerial pay, and the relationship between boards of directors and managerial pay in nonprofits.
Bill 11, the Canada Health Act and the Social Union: The Need for Institutions

This article argues that the debate over the future of Medicare has been dominated by financial considerations at the expense of an examination of the place of supervisory institutions in the health care system. Supervisory institutions will be of central importance to the future of Medicare because any future system will include some national standards, which, to be effective, must be interpreted, applied and enforced by institutions of some kind. This article focuses on two specific institutional questions: the dismal record of federal enforcement of the existing national standards of the Canada Health Act, and the pressing need for disputesettlement machinery under the Social Union Framework signed by Ottawa and nine provinces in 1999. The article also examines the compliance of Alberta's Bill 11 with the Canada Health Act. This article is available in Osgoode Hall Law Journal: http://digitalcommons.osgoode.yorku.ca/ohlj/vol38/iss1/2 BILL 11, THE CANADA HEALTHACT AND THE SOCIAL UNION: THE NEED FOR INSTITUTIONS©
Notes on equivariant homology with constant coefficients

In this paper, for a finite group, we discuss a method for calculating equivariant homology with constant coefficients. We apply it to completely calculate the geometric fixed points of the equivariant spectrum representing equivariant (co)homology with constant coefficients. We also treat a more complicated example of inverting the standard representation in the equivariant homology of split extraspecial groups at the prime 2.
To the Victor Goes the Toil -- Remedies for Regulated Parties in Separation-of-Powers Litigation

The U.S. Constitution imposes three key limits on the design of federal agencies. It constrains how agency officers are appointed, the extent of their independence from the President, and the range of issues that they can decide. Scholars have trumpeted the importance of these safeguards with soaring rhetoric. And the Supreme Court has permitted regulated parties to vindicate these safeguards through implied private rights of action under the Constitution. Regulated parties, for their part, have been successfully challenging agency structure with increased frequency—as the recent ongoing separation-of-powers actions against the National Labor Relations Board (“NLRB”) and Consumer Financial Protection Bureau (“CFPB”) indicate. At the same time, regulated parties, courts, and scholars have largely ignored the practical question of “structural remedies”—i.e., how to remedy the violation of structural safeguards for prevailing regulated parties. This inattention may arise because courts often provide what seems at first blush to be an appropriate remedy: severing the structural defect from an agency’s “organic” act. In fact, however, structural remedies often fail to satisfy core remedial values relevant to regulated parties—namely, compensating past harm, preventing future harm from the past defect, incentivizing regulated parties to seek redress, and deterring structural violations—and may even leave regulated parties in a worse place than they occupied before asserting the challenge. These ineffectual remedies thereby undermine the very safeguards that judicial decisions purport to vindicate and render any “private right” potentially illusory. Courts, in response, can improve the status quo. They could select (or Congress could provide) better remedies, and this Article considers how they could do so. But if structural remedies cannot be sufficiently
Optimal wage contracts under asymmetric information and moral hazard when investment decisions are delegated

I derive an optimal wage contract when risky investment decisions are delegated by riskaverse owners/investors to risk-neutral agents. The owners/investors do not know the probability distribution over the returns of any investment made by an agent. They know only the mean and the variance, and the upper and lower bounds of the return realizations of the different positive net present value (NPV) investment opportunities that can be discovered by their agents. They observe only the returns realized at the end of the period. Moral hazard with respect to investments made by agents, who are protected by limited liability, is also possible: an agent can falsely claim to have invested in one type of positive NPV investment opportunity and invest in another, or the agent can falsely claim to have invested in a positive NPV investment and invest in a negative NPV investment. I show that an optimal wage contract is simple under such conditions of severe asymmetric information and moral hazard. (JEL G20, G31)
Alternative Semantics for Unawareness

Abstract S. Modica and A. Rustichini (1994, Theory and Decision 37 , 107–124) provided a logic for reasoning about knowledge where agents may be unaware of certain propositions. However, their original approach had the unpleasant property that nontrivial unawareness was incompatible with partitional information structures. More recently, Modica and Rustichini (1999, Games Econ. Behav. 27 , 265–298) have provided an approach that allows for nontrivial unawareness in partitional information structures. Here it is shown that their approach can be viewed as a special case of a general approach to unawareness considered by R. Fagin and J. Y. Halpern (1988, Artificial Intelligence 34 , 39–76). Journal of Economic Literature Classification Numbers: D80, D83.
Can short-term capital controls promote capital inflows? ☆

Abstract In an economy a la Diamond and Dybvig (J. Polit. Econ. 91 (3) (1983) 401), we present an example in which foreign lenders find it profitable to invest in an emerging market if, and only if, the emerging market government imposes taxes on short-term capital inflows. This implies that capital controls that are effective in reducing the vulnerability of emerging markets to financial crises may increase the volume of capital inflows.
Waving Goodbye to Non-Waivability: The Case for Permitting Waiver of Statutory Subject-Matter Jurisdiction Defects

It is axiomatic that defects in federal subject-matter jurisdiction may be raised at any time, even for the first time on appeal, and even if the parties involved in the cases do not dispute the federal courts’ power to decide the matters; likewise, subject-matter jurisdiction is deemed so important that federal courts should determine their jurisdiction before proceeding to other issues. These axioms are sometimes referred to as subject-matter jurisdiction’s “no-waiver rule” because they highlight the critical importance of the subject-matter jurisdiction inquiry. Recently, scholars have questioned whether the strict demarcation between jurisdictional and nonjurisdictional rules should be preserved, and whether it might make more sense to permit jurisdictional rules, at appropriate times, to take on certain nonjurisdictional attributes—such as the attribute of waiver. This Article engages with that scholarship with respect to the jurisdictional rules defining statutory subject-matter jurisdiction and the nonjurisdictional attribute of forfeiture or waiver and argues that efficiency, fairness, consistency, legitimacy, and transparency will all be enhanced if statutory subject-matter jurisdiction can, under certain circumstances, be waived. This Article further explains why such a change to the no-waiver rule will not adversely affect federalism values, as many courts and scholars opine. Despite the current no-waiver rule governing subject-matter jurisdiction, courts have waived, excused, or otherwise deferred the resolution of the subject-matter jurisdiction question until advanced stages of the proceedings. As courts create and expand these exceptions to the nowaiver rule and pretermit the subject-matter jurisdiction inquiry in order to tackle other (and often easier) issues, the gap between the “no waiver” rhetoric and actual application of that rule grows larger. This Article explores these exceptions and demonstrates that their ad hoc
Do corporate governance mandates impact long-term firm value and governance culture?☆

Abstract Motivated by recent changes to corporate governance standards around the world, we use a regulatory shock that substantially altered the governance structure for some firms to shed light on the long-term impact of mandates that are of global interest. Firms affected by this shock had lower values and non-mandated governance practices that were less shareholder friendly before the mandates were in effect when compared to unaffected matched peers. In the post-mandate period, we document a 48% tightening of the relative value gap, and show that this gap relates to the continued use of less shareholder friendly non-mandated governance practices. Our results suggest that governance mandates can tighten, but not eliminate, the value gap between poorly and well governed firms, and that firms affected by the shock continue to have less shareholder friendly governance cultures long after regulatory intervention.
REIT Stock Repurchases: Completion Rates, Long-Run Returns, and the Straddle Hypothesis

This study of real estate investment trusts (REITs) analyzes three possible explanations for the stock price reaction to a repurchase announcement and the subsequent repurchase behavior of managers under each hypothesis. Two of the hypotheses, the signaling hypothesis and the exchange option hypothesis, are established in the existing literature; the third hypothesis is a modification of the exchange option hypothesis. The exchange option hypothesis is extended to allow for additional flexibility in management decisions. This extended exchange option hypothesis is termed the “straddle” hypothesis because it provides management with both a call and put option. The empirical analyses show the straddle hypothesis is a more robust explanation of changes in shares outstanding in the post-announcement period than the alternative explanations.
The costs and benefits of benefit-cost analysis

Among the tools of the economic trade, cost-benefit analysis is the most widely used in policy circles. Asking whether there is a role for cost-benefit analysis is like asking whether there is a role for the weatherman. Of course there is.
Small Audit Firm Membership in Associations, Networks, and Alliances: Implications for Audit Quality and Audit Fees

ABSTRACT: In this study, we examine the benefits of membership in an accounting firm association, network, or alliance (collectively referred to as “an association”). Associations provide member accounting firms with numerous benefits, including access to the expertise of professionals from other independent member firms, joint conferences and technical trainings, assistance in dealing with staffing and geographic limitations, and the ability to use the association name in marketing materials. We expect these benefits to result in higher-quality audits and higher audit fees (or audit fee premiums). Using hand-collected data on association membership, we find that association member firms conduct higher-quality audits than nonmember firms, where audit quality is proxied for by fewer Public Company Accounting Oversight Board (PCAOB) inspection deficiencies and fewer financial statement misstatements, as well as less extreme absolute discretionary accruals and lower positive discretionary accruals. We also f...
Trade Disputes Between China and the United States: Growing Pains so Far, Worse Ahead?

This study covers the history of Sino-US trade relations with a particular focus on the past decade, during which time each has been a member of the World Trade Organization (WTO). Providing a brief history of 19th and 20th century economic relations, this paper examines in detail the trade disputes that have arisen between China and the United States over the past decade, giving dollar estimates for the trade flows at issue. Each country has partaken in their share of protectionist measures, however, US measures have been characteristically defensive, protecting declining industries, while Chinese measures have been characteristically offensive, promoting nascent industries. We also cover administrative and legislative actions within each country that have yet to be the subject of formal complaint at the WTO. This includes an original and comprehensive quantitative summary of US Section 337 intellectual property rights cases. While we view frictions in Sino-US trade as a logical consequence of the rapid increase in flows between the two countries, we caution that each country work within the WTO framework and respect any adverse decisions it delivers so that a protracted protectionist conflict does not emerge. We see the current currency battle as one potential catalyst for such conflict if US and Chinese policymakers fail to manage it judiciously.
Women and Community Punishment: The Probation Hostel as a Semi‐Penal Institution for Female Offenders

Semi-penal institutions (for example reformatories, asylums and refuges) were originally developed during the late 18th and early 19th Century, their primary aim being to reform ‘deviant’ women back to acceptable and appropriate standards of femininity. This article will argue that many of the significant features of the early semi-penal institutions can be found in contemporary institutions for women, specifically probation hostels. This article will identify three defining characteristics of the original semi-penal institutions and, by drawing on original empirical research conducted in the early 1990s, apply them to a women's probation hostel. Through this analysis the article will highlight some themes of continuity in the history of ‘community’ punishment for women.
Inducing Downstream Selling Effort with Market Share Discounts

Abstract Loyalty discounts and rebates are pricing schemes that offer incentives to buyers for reaching or exceeding certain sales thresholds. In the case of market share discounts, thresholds are expressed as a percentage of the buyer’s total purchase requirements. Although market share discounts may have exclusionary effects under certain circumstances when a seller has significant market power, there are plausible non‐exclusionary reasons for offering them as well. Two such reasons – rent extraction and inducing downstream selling effort – are explored in this paper. The paper considers the case of a manufacturer who sells a differentiated good through a network of heterogeneous, non‐exclusive retailers. The manufacturer offers market share discounts to induce non‐contractible selling effort such as brand‐specific information or customer service from those retailers who possess certain unobservable characteristics. In some instances, market share discounts induce increased selling effort and improve ma...
Immigrants’ time use: a survey of methods and evidence

This paper discusses research questions related to immigrants' time use, reviews conceptual and methodological approaches to examining time allocations, and reviews evidence from previous studies. It provides new descriptive evidence, using time-diary data from the American Time Use Survey. Although results vary with the country of origin, immigrant men in the U.S. tend to devote more time to market work and sleeping but less time to housework, community activities, and leisure than native men. Immigrant women tend to devote more time to housework, caregiving and sleep but less time to market work, community activities, and leisure than native women.
Promoting Equality Through Empirical Desert

According to empirical desert theory, good utilitarian grounds exist for distributing criminal punishment pursuant to the (retributive) intuitions of the lay community on criminal liability. This theory’s insights, based on original empirical research and informed by social science, have significantly influenced contemporary criminal law theory. Yet, ostensibly, the theory is hampered by serious limitations, which may have obstructed its progress and its potential to guide criminal justice reform. Chief among them: it draws from community intuitions, and community intuitions—as the theory acknowledges—are sometimes immoral. In addition to these “immorality objections,” (commonly illustrated by alluding to the antebellum South and Nazi Germany), critics have alleged, inter alia, that the theory is self-defeating, uses incongruous justifications, and engages in deceptive and exploitative practices. This Article argues that these critiques are misplaced and overstated and that empirical desert theory can be safely relied on in criminal justice—and beyond. Despite the captivating historical illustrations and the intuitive appeal of immorality objections, this Article demonstrates that empirical desert theory is nearly immune to them, by virtue of previously underappreciated features of its scientific methodology. Moreover, empirical desert theory can do even better. This Article presents an innovative proposal to reconceptualize empirical desert theory by incorporating into its scientific methodology a minimalistic normative commitment to equality and non-discrimination. It provides theoretical support and specific parameters for this reconceptualization, which imbues the theory with qualities capable of further safeguarding it from immorality objections. Furthermore, the Article explores ten additional criticisms of the theory, seriatim, and demonstrates that the proposed reconceptualization substantially strengthens the theory’s ability to overcome them. In its conclusion, the Article outlines two future paths for the theory’s application beyond criminal law, discussing the possibility to “export” its insights to international humanitarian law and its potential to reframe the interaction between criminal law theory and philosophy.
The Hughes Court Docket Books: The Late Terms, 1937–1940

For many years, the docket books kept by a number of the justices of the Hughes Court have been held by the Office of the Curator of the Supreme Court. Yet the existence of these docket books was not widely known, and access to them was highly restricted. Recently, however, the Court adopted new guidelines designed to increase access to the docket books for researchers. This article offers the first-ever examination of the available docket book entries relevant to what scholars commonly regard as the major decisions of rendered during the late years of the Hughes Court, from the 1937 through the 1940 Terms. The decisions examined concern the Commerce Clause, the dormant Commerce Clause, substantive due process, equal protection, the general law, antitrust, labor relations, intergovernmental tax immunities, criminal procedure, civil rights, and civil liberties. The information in the docket books sheds new light on decisions such as Erie Railroad v. Tompkins, South Carolina State Highway Department v. Barnwell Bros., Inc., Lane v. Wilson, Railroad Commission of Texas v. Pullman, and United States v. Darby Lumber Co., and helps to explain how a nine-justice Court divided evenly on one of the issues in Coleman v. Miller. The docket books often reveal the justices' remarks at their conference deliberations over major cases, and illuminate many previously unknown changes in justices' positions between the conference votes and their final votes on the merits. Analysis of the voting data contained in the docket books also offers a contribution to two bodies of political science scholarship on judicial behavior: the literature on vote fluidity and unanimity norms in the Supreme Court, and the literature on the so-called “freshman effect” that some scholars have found exhibited by the Court's newest members. In particular, the analysis documents the prominent contribution that new justices, who disdained the Court's longstanding norm of acquiescence in the judgments of conference majorities, made to the substantial increase in the percentage of its cases that the Court decided by a divided vote. The analysis further reveals the significant part played by the last remnants of the Old Court in retarding what would become a precipitous decline in unanimity rates under Chief Justice Harlan Fiske Stone.
Structural Breaks in Monetary Policy Rules: Evidence from Transition Countries

This paper investigates the relation between the important announced turning points in the monetary policies and the estimated structural break dates in the Taylor rules of three transition countries—the Czech Republic, Hungary, and Poland. Although the important announced turning points starting in the late 1990s, especially the introduction of an inflation-targeting regime, can be observed in the estimated Taylor rules of the Czech Republic and Poland with some implied lags due to the monetary transmission mechanism, the same conclusion cannot be reached for Hungary. Several robustness analyses are in support of these results.
Perspectives on machine learning-augmented Reynolds-averaged and large eddy simulation models of turbulence

Perspectives are presented on the use of machine learning to augment models of turbulent flows. Particular emphasis is placed on techniques that promote consistency of the machine learning model with the underlying physical model in view of the possibility of using sparse computational and experimental data. This is followed by a discussion of physics-informed and mathematical considerations on the choice of the feature space and imposition of constraints. Machine learning should be viewed as one tool in the turbulence modeler's toolkit. The associated modeling endeavor requires multidisciplinary advances.
The Capital Structure Decisions of New Firms

We study capital structure choices that entrepreneurs make in their firms' initial year of operation, using restricted-access data from the Kauffman Firm Survey. Firms in our data rely heavily on external debt sources, such as bank financing, and less extensively on friends-and-family-based funding sources. Many startups receive debt financed through the personal balance sheets of the entrepreneur, effectively resulting in the entrepreneur holding levered equity claims in their startups. This fact is robust to numerous controls, including credit quality. The reliance on external debt underscores the importance of credit markets for the success of nascent business activity.
Do Non-U.S. Firms Issue Equity on U.S. Stock Exchanges to Relax Capital Constraints?

The positive market reaction associated with an ADR listing is frequently attributed to a reduction in market segmentation costs that improves access to capital. If so, the benefit should be greatest for ADR firms that face relatively high indirect barriers to capital access. Our paper directly tests this supposition. We document that, following a U.S. listing, the sensitivity of investment to free cash flow decreases significantly for firms from emerging capital markets, but does not change for developed market firms. Further, emerging market ADR firms mention the need for access to external capital markets in their filing documents more frequently than their developed market counterparts and, in the post-ADR period, tout their liquidity rather than a need for capital access. Finally, the increase in capital access following an ADR is more pronounced for firms from emerging markets. Our findings suggest that greater access to external capital markets is an important benefit of a U.S. stock market listing for emerging market firms and is less important for developed market firms.
The Fair Housing Act and Extralegal Terror

Copyright 2008, Trustees of Indiana University. Reprinted with permission of Indiana Law Review. This Article examines the implications the Fair Housing Act (FHA) has on anti-integrationist racial violence faced by racial and ethnic minority's integrating white neighborhoods. The first part of the article describes anti-integrationist violence as it occurs in two separate but distinct time periods the first occurring, before the passage of the FHA. The second time period that article addresses is the post-1968 era until the present day. In discussing the period since the passage of the Act, the article describes several important mechanisms in how the FHA functions as a remedy for extralegal violence. The Article concludes with a call for a more targeted approach to the problem of anti-integrationist violence.
Shareholders as Creditors of First Resort

We show that a firm’s ability to access the public bond market for the first time is greatly improved when habitual dual holders (HDHs)—financial conglomerates that tend to simultaneously hold both...
Comparing the information in short sales and put options

Prior work shows that both short sales and put options contain information about future stock prices. In this study, we compare the return predictability in short sales to the return predictability in put options. The motivation for this comparison is based on the theoretical argument that informed traders can choose between short sales and put options when establishing short positions in a particular stocks. Results in this paper suggest that the underperformance of stocks with high short-selling activity is approximately four times larger than the underperformance of stocks with high put-option activity. While stocks that are most likely to face binding short-sale constraints drive the underperformance caused by put-option activity, we still find that short sales are generally more informative about future prices.
Sanction Failure Economic Growth, Defense Expenditures, and the Islamic Republic of Iran

Political actors have assumed that economic sanctions hinder a nation’s stability by reducing its economic growth, though history has shown otherwise. One potential explanation for this phenomenon ...
How do CEO incentives affect corporate tax planning and financial reporting of income taxes

We examine how different accounting metrics used to evaluate CEO performance for annual bonuses affect the level of corporate tax planning as well as financial reporting for income taxes. We predict and find that firms using cash flow metrics report lower GAAP and cash effective tax rates (ETR) than firms using earnings metrics. We also find that firms using after-tax earnings metrics report lower GAAP ETRs but similar cash ETRs as firms using pre-tax earnings metrics. Further analyses show that firms using after-tax earnings metrics are more likely to designate foreign earnings as permanently reinvested and have lower discretionary reserves for tax uncertainty. Hence, it appears that both types of firms engage in similar levels of tax planning, but firms evaluating CEOs with after tax-earnings metrics incentivize different financial reporting choices.
Age Effects and Heuristics in Decision Making

Using controlled experiments, we examine how individuals make choices when faced with multiple options. Choice tasks are designed to mimic the selection of health insurance, prescription drug, or retirement savings plans. In our experiment, available options can be objectively ranked allowing us to examine optimal decision making. First, the probability of a person selecting the optimal option declines as the number of options increases, with the decline being more pronounced for older subjects. Second, heuristics differ by age with older subjects relying more on suboptimal decision rules. In a heuristics validation experiment, older subjects make worse decisions than younger subjects.