cssi/SciSciGPT-SciSciNet huggingface dataset:
The Cross-Dressing Case for Bathroom Equality

This Article offers a new set of arguments for transgender equality based on a little-known series of cases in which courts declined to enforce cross-dressing laws against transgender defendants. As shown below, the arguments brought by the defenders of these laws closely mirror the arguments brought today in favor of bathroom discrimination. The Authors discuss both the bathroom and cross-dressing debates in historical context, draw out the underlying reasoning in the two sets of cases,and argue that the reasoning that supports bathroom discrimination is as flawed as the reasoning behind criminal cross-dressing laws. The analysis also suggests that, just as the arguments for cross-dressing prohibitions have not withstood advances in public understanding of transgender people and their lives, neither will the arguments for bathroom discrimination.In Part I, the Authors discuss the current state of the law, present personal testimonials of transgender people denied bathroom access, place the bathroom debate in historical context, and show how that debate evolved to the present day. In Part II, the Authors analyze the body of case law dealing with bathroom access and discrimination, outlining the types of arguments brought by anti-transgender advocates to justify withholding bathroom access: preventing fraud and crime, discouraging overt homosexuality, and enforcing gender norms. Part III analyzes the body of case law dealing with the cross-dressing laws, demonstrate that defendants used the same arguments being used today in the bathroom context, and show how the courts rejected these arguments. Part IV compares the two bodies of case law and offer new arguments for bathroom-access equality.
A Model and Literature Review of Professional Skepticism in Auditing

INTRODUCTION AND SUMMARY This paper reviews research that examines professional skepticism (hereafter, PS) in auditing. Consistent with much research and with recent regulatory concerns, the paper defines PS as ‘‘indicated by auditor judgments and decisions that reflect a heightened assessment of the risk that an assertion is incorrect, conditional on the information available to the auditor.’’ In many circumstances the assertion in question will be a client’s assertion that the financial statements are free of material misstatement, but the definition could apply to other assertions as well (e.g., attesting to the effectiveness of a client’s internal controls). This definition reflects more of a ‘‘presumptive doubt’’ than a ‘‘neutral’’ view of PS, implying that auditors who exhibit high PS are auditors who need relatively more persuasive evidence (in terms of quality and/or quantity) to be convinced that an assertion is correct. Depending on how an auditor’s decisions are evaluated, it is possible under this definition for an auditor to exhibit too much PS, in that they could design overly inefficient and expensive audits. The paper provides a model that describes how audit evidence combines with auditor knowledge, traits, and incentives to produce judgments that reflect PS. The model also describes how, given a judgment that reflects some level of PS, the judgment combines with auditor knowledge, traits, and incentives to produce actions that reflect relatively more or less PS. The model highlights that auditors’ pre-existing knowledge, traits, and incentives all combine (and potentially trade off or interact) to affect the amount of PS in audit judgment and audit actions. This perspective also facilitates understanding how audit firms can influence PS in practice via hiring, training, performance appraisal, review, decision aids, incentives, and changes in tasks and institutions. For example, prior research suggests the following about particular elements of the model:
Land Transport for Export: The Effects of Cost, Time, and Uncertainty in Sub-Saharan Africa

Summary In Sub-Saharan Africa (SSA), inland export transport costs and time delays are much higher for landlocked countries, vary substantially between different geographic corridors, and exhibit substantial uncertainty. Unit costs and costs of time for land transport of exports are high for many agricultural products relative to metals and other high-value products. We illustrate systemic uncertainty in land and maritime transport for exporting by use of simulation. Relationships among uncertainty, infrastructure quality, and other features of logistics systems are highly non-linear, and can be potentially used to identify priorities for trade facilitation.
The monetary model strikes back: Evidence from the world

Abstract We revisit the dramatic failure of monetary models in explaining exchange rate movements. Using the information content from 98 countries, we find strong evidence for cointegration between nominal exchange rates and monetary fundamentals. We also find fundamentals-based models very successful in beating a random walk in out-of-sample prediction.
Obesity, Public Health, and the Food Supply

This Article proposes a three-part approach to improve the food supply. Specifically, it explores government taxing and spending, two traditional public health tools, and suggests that both of these governmental powers can be used to make healthier foods more readily available at reasonable prices, while increasing the cost of less healthy alternatives. Finally, it proposes that we promote a true "food democracy" through the creation of an education and awareness campaign. This campaign would not only better educate Americans about proper nutrition but would also focus on how we can change our entire relationship with food. It would encourage consumption of locally grown whole foods and sensitize individuals to the need for sustainable agriculture. It would also address the benefits of taking the time for balanced, sit-down meals rather than eating on the run.Part II of this Article outlines the problem of obesity in America. Part III explores the current state of our food supply. Part IV proposes the implementation of 1) taxing, 2) spending, and 3) educational and awareness modifications to improve the food supply and to begin to shift our consciousness surrounding food.
Trade openness and income — A re-examination

Abstract This study uses a new, innovative measure of trade protection and finds that less trade protection is associated with higher income per capita, using data from 131 developed and developing countries.
Corporate Social Responsibility and Firm Compliance: Lessons from the International Law-International Relations Discourse

There has been a long and fruitful discourse between and among legal academics and political scientists, known as international law (IL)-international relations (IL) scholarship. A great deal of that scholarship has discussed the effectiveness of particular IL regimes, usually as part of a larger discourse regarding the question of compliance with IL or international institutions, more generally, including agreed norms and soft law. This field of IL-IR scholarship has taken a fairly Westphalian and Weberian view of international law and of international relations, viewing states as the subjects of international law and, thus, seeing states as its subjects of study. This literature theorizes the impact of law and legalization on state behavior. What it has not done, or not done much of, is think about how the theories that have been developed in the state-centric, hard law-centric context relate to and have relevance for areas of international legal processes, such as CSR global governance initiatives, that indisputably envision corporations as their subjects and have only recently begun to look law-like. This Essay takes a step into this lacuna. Much like IL-IR scholarship asks why, and under what conditions, states comply with international law, this Essay aims to begin a discussion about why firms comply with global governance initiatives and seeks to uncovere some of the useful analogues to the IL-IR literature, as well as to identify the reasons why existing IL-IR compliance theories are surely deficient in the CSR global governance context.
Implementing a Multidimensional Poverty Measure Using Mixed Methods and a Participatory Framework

Recently, there have been advances in the development of multidimensional poverty measures. Work is needed however on how to implement such measures. This paper deals with the process of selecting dimensions and setting weights in multidimensional poverty measurement using qualitative and quantitative methods in a participatory framework. We estimate the multidimensional poverty measures developed by Alkire and Foster for a particular group: persons with psychiatric diagnoses in the United States. To select relevant dimensions and their relative ordering, two discussion groups are convened: one consisting of persons with lived-experience expertise and the other consisting of people with mental health service provision or research expertise. Several methods are used to convert dimension rankings into weights. The selection and ordering of dimensions differed between the two discussion groups, as did the resulting poverty measures. For instance, the poverty headcount using the dimensions and weights of the ‘lived experience’ group ranged from 20.61 to 26.96% as compared to a range of 18.62–33.19% using those of the ‘provider/researcher’ group. One of the main results of this study is that the Alkire Foster method is sensitive to the selection of dimensions and the methods used to derive rankings and weights. It points toward the limitation of relying exclusively on small scale qualitative methods for the selection and ranking of dimensions. In addition, the participatory framework used in this study was found to be essential in interpreting results, in particular with respect to the limitations of the data set in measuring relevant dimensions.
Paying for Performance in Bankruptcy: Why CEOs Should be Compensated with Debt

While managerial performance always plays a critical role in determining firm performance, a manager’s importance is elevated during bankruptcy. A manager in bankruptcy both runs the firm and helps form a plan of reorganization. In light of this critical role, one would expect that bankruptcy scholarship would place considerable emphasis on the role of CEO compensation in incentivizing managerial performance in bankruptcy; however, the opposite is true. Bankruptcy scholars and practitioners tend to emphasize other levers of corporate governance, such as the role of debtor-in-possession financiers, rather than the importance of CEO compensation. This Article seeks to revive CEO compensation as an important governance lever in bankruptcy. First, the Article examines current ideas and practices of managerial compensation in bank-
From virtual travelers to real friends: relationship-building insights from an online travel community.

Abstract The growing trend of online travel communities connects travelers worldwide. This study addresses whether or not these relationships lead to offline interactions. The theoretical framework reflects cue utilization theory, social balance theory, and uncertainty reduction theory. A field experiment examines responses from 293 travel community members. Results show individual reputation, online communication, and perceived similarity among travelers play significant roles in offline relationships. Trust and sympathy among community members mediate this decision process. Study results offer several managerial implications and highlight the importance of vivid and complete participation profile in social media. Moreover, finding the right tone for effective communication in online communities is critical.
Network externalities in mutual funds

Abstract The literature on mutual fund flows documents surprisingly large return effects given that mutual fund flows are uninformed (i.e., not related to fundamentals). I provide evidence that network externalities generate the necessary amplification mechanism to support these results. Network externalities are generated by mutual funds with common holdings and return-chasing investors. Economically, I show that the fund flow network externality is 32–92% as large as the typical explanatory effects (e.g., lagged flows). Network externalities generate a 1.5% quarterly excess return that reverses in the subsequent year, and are independent of style investing and robust to multiple specifications of holdings similarity.
Nonparametric Specification Testing for Continuous-Time Models with Application to Spot Interest Rates

We propose two nonparametric transition density-based speciþcation tests for continuous-time diffusion models. In contrast to marginal density as used in the literature, transition density can capture the full dynamics of a diffusion process, and in particular, can distinguish processes with the same marginal density but different transition densities. To address the concerns of the þnite sample performance of nonparametric methods in the literature, we introduce an appropriate data transformation and correct the boundary bias of kernel estimators. As a result, our tests are robust to persistent dependence in data and provide reliable inferences for sample sizes often encountered in empirical þnance. Simulation studies show that our tests have reasonable size and good power against a variety of alternatives in þnite samples even for data with highly persistent dependence. Besides the single-factor diffusion models, our tests can be applied to a broad class of dynamic economic models, such as discrete time series models, time-inhomogeneous diffusion models, stochastic volatility models, jump-diffusion models, and multi-factor term structure models. When applied to daily Eurodollar interest rates, our tests overwhelmingly reject some popular spot rate models, including those with nonlinear drifts that some existing tests can not reject after correcting size distortions. We þnd that models with nonlinear drifts do not signiþcantly improve the goodness-of-þt, and the main source of model inadequacy seems to be the violation of the Markov assumption. We also þnd that GARCH, regime switching and jump diffusion models perform signiþcantly better than single-factor diffusion models, although they are far from being adequate to fully capture the interest rate dynamics. Our study shows that nonparametric methods are a reliable and powerful tool for analyzing þnancial data.
The Political Economy of United States’ Free Trade Arrangements

Far from being the leader, the US has been a ‘domino’ belatedly falling into line in the global rush toward bilateral and regional free trade arrangements. Often the initiative for negotiations has come from seemingly weaker trading partners. Once in the game, however, and aware of the asymmetries of market power and issue salience that enhance US bargaining leverage, the US has been aggressively pursuing a variety of commercial and diplomatic interests, both tactical and strategic, that include bolstering local democratic institutions and processes of economic reform, strengthening US security ties, accelerating region-wide commercial liberalisation by allying with a regional leader, establishing new precedents to use as bench markers in future trade negotiations, and otherwise using free trade accords to advance its comprehensive global trade policy agenda. Bilateralism and regionalism have opened the door to an explicit introduction of political criteria, in contradiction to GATT/WTO apolitical universalism. While often reactive to the initiatives of other nations, the US has not been indiscriminate, deflecting the entreaties of suitors where US international political economy interests are not served.
ON THE EMPIRICS OF SOCIAL CAPITAL

This paper critically examines the way in which empirical evidence is developed in support of a role for social capital in socioeconomic outcomes. Three leading studies of social capital are reviewed and in each case argued to suffer from various identification problems. A general set of conditions under which social capital effects may be identified in linear models is given. Careful attention to these conditions combined with greater openmindedness as to what constitutes appropriate evidence seems the best route to improving empirical studies of social capital.
Ordinal and cardinal solution concepts for two-sided matching

We characterize solutions for two-sided matching, both in the transferable- and in the nontransferable-utility frameworks, using a cardinal formulation. Our approach makes the comparison of the matching models with and without transfers particularly transparent. We introduce the concept of a no-trade stable matching to study the role of transfers in matching. A no-trade stable matching is one in which the availability of transfers does not affect the outcome.
Strong and Meaningful Use of Healthcare Information Systems (HIS)

The translation of science to practice to policy for meaningful use of healthcare information system (HIS) is embedded in a complex milieu of meaningful, meaningless, non-, and mis- use of the system by a variety of stakeholders seeking to manage the cost, quality, safety, and parity of healthcare. The problem of HIS use can be modeled as an ontology which encapsulates the core logic of use. The ontology includes the three components of translation, the four types of use, the key stakeholders, and the four basic outcomes. It is a comprehensive structured natural-language model which can be extended and refined. It is parsimonious and can be easily understood and interpreted by all the stakeholders. We argue that such a model is necessary to develop a roadmap for strengthening the meaningful use of HIS. In its absence meaningful use of HIS will be weak.
Regulatory Linearity, Commerce Clause Brinksmanship, and Retrenchment in Electric Utility Deregulation

"Regulatory linearity" refers to an agency (in this case, the Federal Energy Regulatory Commission) that continues to promote reinvention efforts notwithstanding serious obstacles, which the article discusses in the context of initiatives to restructure the electric utility industry.
The Zealous Advocacy of Justice in a Less Than Ideal Legal World

In The Practice of Justice, William Simon addresses a widely recognized dilemma-the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes-with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate-that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever ends their clients happen to desire-the moral quality of litigation would improve,1 as would the reputation of the bar,2 and likewise the justice of the law itself.3 But even more telling, for Simon, a system under which lawyers understood the "practice of law" to mean the practice of justice, rather than the zealous but amoral advocacy of clients' ends, would confer meaning and moral purpose in a life presently constructed so as to be dangerously devoid of both.4
Agency problems, accounting slack, and banks’ response to proposed reporting of loan fair values☆

Abstract We investigate the determinants of bank representatives’ responses to the United States Financial Accounting Standard Board’s 2010 Exposure Draft that proposes fair value measurement for most financial instruments. Over 85% of the 2971 comment letters were received from bank representatives, with most bank-affiliated letters addressing—and opposing—one issue: fair value measurement of loans. The Exposure Draft proposes that companies report both fair value and amortized cost measures for loans; thus, the proposal should result in increased levels of loan-related information and improved financial reporting transparency. We investigate three reasons for bank representatives’ resistance. First, fair value measurement should result in less accounting slack than the current incurred-loss model for loan impairments; therefore, we propose that representatives from banks that historically utilized that slack will resist fair value measurement for loans. Second, we propose that agency problems are an important motivating factor because bank representatives reaping more private benefits from their franchises have less incentive to support increases in financial reporting transparency. Third, we test whether the most common reasons for opposition included in the comment letters are associated with negative letter writing. Our analyses support the first two determinants of bank representatives’ resistance to the Exposure Draft. Specifically, accounting slack and lower demand for accounting transparency are strongly associated with resistance to the standard. However, we find that stated reasons for resistance are not associated with letter writing. Specifically, representatives at firms with difficult to value loans and firms that mostly hold loans to maturity are no more likely to resist the standard than others. The narrow scope of bank representatives’ comments and our empirical findings suggest that bankers’ responses to the Exposure Draft may be more driven by concerns over reduced availability of accounting slack and accompanying de facto regulatory forbearance than by the conceptual arguments they offer. Our results have implications for standard setters, who must navigate special interests as they attempt to promulgate high quality accounting standards, and for users of financial statements who must consider how political forces shape generally accepted accounting principles.
The current state of Australia's evolving approach to regulating nanotechnologies

Safety concerns continue to mar the development, commercialization and acceptance of nanomaterials and nano-objects. To safeguard human and environmental health, and the economic potential of nanotechnologies, a diversity of hard and soft responses have been implemented by governments and regulators over the past five years. This article focuses on the evolving policy and regulatory landscape for nanotechnologies in Australia. Since the independent review examining the adequacy of relevant federal health and safety regulatory regimes in 2006-07 for nanotechnologies, the technology has continued to receive attention from the public, private and community sectors. This article traces these developments and debates. It notes that while critics continue to voice concern over the approach adopted by the federal government — especially in light of the recent legislative reforms in the European Union — the regulatory status quo has been challenged. Preference for softer regulatory approaches is evident, as too is a focus on scientific principles rather than contested definitions. We speculate that this light-touch approach to regulation shall continue for the foreseeable future.
Hole probabilities of SU(m + 1) Gaussian random polynomials

In this paper, we study hole probabilities $P_{0,m}(r,N)$ of SU(m+1) Gaussian random polynomials of degree $N$ over a polydisc $(D(0,r))^m$. When $r\geq1$, we find asymptotic formulas and decay rate of $\log{P_{0,m}(r,N)}$. In dimension one, we also consider hole probabilities over some general open sets and compute asymptotic formulas for the generalized hole probabilities $P_{k,1}(r,N)$ over a disc $D(0,r)$.
Clot in Transit in a Patient with COVID-19: Transesophageal Echocardiographic Guidance of Mechanical Cardiopulmonary Resuscitation.

â¢COVID-19 infection is associated with a prothrombotic stateâ¢Point of care ultrasound (POCUS) provides prompt bedside diagnosis of covid-19 complications such as clot in transitâ¢Bedside TEE guidance of mechanical CPR arm placement improves the efficiency of chest compressions.
One Size Fits All? Costs and Benefits of Uniform Accounting Standards

ABSTRACT I build a model of neoclassical production to examine the capital market and welfare effects of a uniform accounting standard (like IFRS). Firms vary in their cost of compliance to the standard, and investors vary in their cost of learning diverse standards for capital allocation. A uniform accounting standard increases the quantity of capital in the economy and lowers the cost of capital. However, uniform standards force diverse firms onto the same standard, which reduces welfare. A regulator selects the optimal number and type of standards to balance these competing effects. Uniform accounting standards are better than diverse accounting standards when firm productivity and variation between investors is large, but worse when the cost of investment and variation between firms is large. I draw implications for IFRS/GAAP convergence and the incentives versus standards debate.
Experimentation and Persuasion in Political Organizations

Different beliefs about how to achieve shared goals are common in political organizations such as government agencies, campaigns, and NGOs. However, the consequences of such conflicts have not yet been explored. We develop a formal model in which a principal and an agent disagree about the right policy for achieving their shared goals. Disagreement creates a motivational problem, but we show how both observing policy outcomes and experimenting with policies can ameliorate it. We also show that the principal often defers to the agent in order to motivate him, thereby generating more informative policy outcomes and building future consensus. Most surprisingly, she sometimes allows the agent to implement his desired policy even when she is sure it is wrong, to persuade him through failure that he is mistaken. Using the model, we generate empirical implications about performance measurement and Presidential appointments in U.S. federal agencies.
Predicting Drift on Politically Insulated Institutions: A Study of Ideological Drift on the United States Supreme Court

Elected officials have difficulty controlling politically insulated institutions, leaving the appointment process as perhaps their most effective means of influence. Yet, history shows that actors on these institutions—especially the Supreme Court—often behave unpredictably. Our goal is to determine whether variation in two components of cognitive style, prior to a justice’s nomination to the Court, predicts ideological drift once on the Court. Using linguistic software created by cognitive psychologists, we examined over 1000 speeches, articles, and separate opinions written by Supreme Court justices before they were nominated to the Court. Our results show that justices whose prenomination words revealed cognitive inconsistency drift more than those with stable world views.
Discrepancy One among Homogeneous Arithmetic Progressions

We investigate a restriction of Paul Erdźs' well-known problem from 1936 on the discrepancy of homogeneous arithmetic progressions. We restrict our attention to a finite set S of homogeneous arithmetic progressions, and ask when the discrepancy with respect to this set is exactly 1. We answer this question when S has size four or less, and prove that the problem for general S is NP-hard, even for discrepancy 1.
Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress

Most federal law today is statutory or rooted in statutes, which are created through a complicated process best understood through work experience inside legislatures. This article demonstrates that America’s most influential lawyers are not getting it. My new empirical analysis of the work experience of the top 500 lawyers nationwide as ranked by Lawdragon.com finds that work experience in legislative bodies is dramatically less common among the profession’s leaders than is formative work experience in courts, government executive agencies, private practice, and academe. This article continues the empirical study of the professional experience of the legal profession’s elite published in 2008 in the Washington University Law Review’s online scholarly publication, Slip Opinions. Here, I elaborate upon my argument that this legislative experience gap is bad both for the profession and for Congress and argue for a congressional clerkship program as a first corrective step. Such a program would be analogous to the clerkship program of the judiciary and legal apprenticeships offered by executive branch agencies, the private sector, and academe. Over time, by sending its rising stars to clerk for Congress, I suggest that the profession would come to a better understanding of the virtues of legislative solutions to problems of law and policy, and a more balanced constitutional perspective. After refuting potential objections, I close by urging the Senate to approve House-passed legislation (H.R. 151 / S. 27) that would create such a program this year.
Gender diversity strategy in academic departments: exploring organizational determinants

Full inclusion of women into the academics remains a daunting challenge in the United States. The situation is particularly acute within science, technology, engineering and mathematics (STEM) fields where the underrepresentation of women and their career disadvantages attract a great deal of attention. Based on a dataset combining a survey of department chairs and their performance indicators, we attempt to investigate organizational determinants of gender diversity strategies in the STEM fields. The findings suggest that academic departments’ commitment to a gender diversity strategy is related to their chairs’ administrative power and their assessment of current gender diversity status. Moreover, the commitment signals departments’ responses to social demands for more female faculty members. Nevertheless, women chairs prove less likely to pursue a gender diversity strategy, and more female faculty members hardly increase the likelihood of adopting such a strategy. The findings require care in interpretation because in cases where there are more women, the perceived need for adding women may be lessened. As such, gender diversity strategy may be compensatory in nature. The present study underscores the need for richer theories about recruitment of women STEM faculty and possibly, modifications in public policy for STEM human resources.
Publishing in the Majors: A Comparison of Accounting, Finance, Management, and Marketing*

Business schools evaluate publication records, especially for the promotion and tenure decision, by comparing the quality and quantity of a candidate's research with those of peers within the same discipline (intradisciplinary) and with those of academics from other business disciplines (interdisciplinary). A recently developed analytical model of the research review process provides theory about the norms used by editors and referees in deciding whether to publish research papers. The model predicts that interdisciplinary differences exist in quality norms, which could result in disparity among business disciplines in the number of top-tier articles published. I examine the period from 1980 to 1999 and, consistent with the theory, find that significant differences exist in the number of articles and proportion of doctoral faculty who published in the “major” journals in accounting, finance, management, and marketing. Most notably, the proportion of doctoral faculty publishing a major article is 1.4 to 2.4 times greater in the other business disciplines than in accounting (depending on the set of journals). The theory also predicts an upward drift over time in the quality norms used by referees. Consistent with a drift, the number of articles published has declined substantially in marketing and, to a lesser extent, in the other business disciplines.
Saving Locke from Marx: The Labor Theory of Value in Intellectual Property Theory

The labor theory of value is fundamental to John Locke’s justification for property rights, but Edwin Hettinger argues in a famous article, “Justifying Intellectual Property,” that it fails to justify intellectual property rights. Hettinger believes that the labor theory of value cannot justify a right to the full economic value in an invention or book, because the creator’s physical labor contributes only proportionally to this socially-created market value. Robert Nozick, G. A. Cohen, and other philosophers similarly dismiss the labor theory of value as illogical or incoherent. But these philosophers redefine Locke’s concepts of labor and value into physical and economic terms, which is more akin to Karl Marx’s labor theory of economic value. The principle of interpretative charity demands reconsideration of Locke’s labor theory of value in its own terms and within the full context of his natural law ethical theory, especially in considering how Locke himself justifies intellectual property rights. This article thus analyzes oft-neglected portions of the text of the Second Treatise and integrates Locke’s property theory within the context of his natural law ethical theory, as presented in An Essay Concerning Human Understanding and in other works. In this context, Locke’s concept of labor means production, which has intellectual as well as physical characteristics, and his concept of value means that which is useful in the flourishing life of a rational being, which is a conception of the good that is more robust than merely physical status or economic wealth. This not only disabuses modern scholars of the absurdities they impose on Locke, it also explains why Locke says that inventions exemplify his labor-based property theory and why he argues for property rights in writings (copyrights), arguments that seem to have been lost on his critics in intellectual property theory and beyond.
If You Can't Beat 'Em, Join 'Em: A Pragmatic Approach to Nonprecedential Opinions in the Federal Appellate Courts

For many years, judges and academics have debated the pros and cons of non-precedential judicial opinions in the federal appellate courts. Although the utility, necessity, and advisability of non-precedential opinions remain interesting issues to debate, at this point they are somewhat beside the point. Academics have lost the debate on non-precedential opinions. Judges control whether non-precedential opinions are permissible, and judges are not going to give them up anytime soon.So, as the saying goes, if you can't beat 'em, join 'em. Rather than continue to debate the merits of non-precedential opinions, the better course of action is to find a principled way to integrate them into the judicial system, both to provide clarity regarding the weight of the opinions and to preserve the legitimacy of the federal appellate courts. This article argues that Federal Rule of Appellate Procedure 32.1, which eliminated citation restrictions on non-precedential opinions, should be revised to integrate non-precedential opinions into the judicial system. Specifically, the rule should expressly authorize non-precedential opinions, establish uniform procedures governing their issuance, and define their authoritative value. The easiest answer to this last issue is to make the opinions persuasive authority. A bolder step, and one this article advocates, would be to create a new category of "overrulable" authority to give non-precedential opinions some weight without giving them full precedential value. The article concludes that the federal judiciary must take steps to institutionalize non-precedential opinions in a way that preserves the system of precedent.
Profit shifting of U.S. multinationals

Abstract We analyze the profit shifting behavior of U.S. multinational firms using a unique panel data set of U.S. tax returns over the period 2002–2012. Prior research has found significant effects of tax rates in affiliate and parent countries on the profit shifting behavior of multinational entities, with semi-elasticities ranging from close to zero to well above one. We build on this prior work by allowing more heterogeneity in response across the distribution of tax rates and by including affiliates located in tax havens around the world. Our findings suggest that elasticities based on a log-linear specification may severely understate the sensitivity of profits to tax in low-tax jurisdictions while simultaneously overstating this elasticity in high-tax jurisdictions. Accounting for this type of nonlinearity appears crucial in considering how the global allocation of firm profits might change in response to tax rate changes.
On the optimal design of disaster insurance in a federation

Recent experience with disasters and terrorist attacks in the US indicates that state and local governments rely on the federal sector for support after disasters occur. But these same governments invest in infrastructure designed to reduce vulnerability to natural and man-made hazards. We show that when the federal government is committed to full insurance against disasters, regions will have incentives to under-invest in ex-ante protective measures. We derive the structure of the optimal second-best insurance system when regional governments choose investment levels non-cooperatively and the central government cannot verify regional investment choices. For low probability disasters this will result in lower ex-post intergovernmental transfers (and hence less ex-post redistribution) and greater ex-ante investment. However, the second-best transfer scheme suffers from a time-inconsistency problem. Ex-post, the central government will be driven towards full insurance rather than the second-best grants, which results in a type of soft budget constraint problem. Sub-national governments will anticipate this and reduce their investment in protective infrastructure even further. The result is that the central government may be better off suffering the underinvestment that results with first-best transfers because investment is even lower under second-best transfers when the central government is unable to commit.
Public versus Private Information Provision

When is it better for the government to provide information, and when is this role better left to the market? I present a simple framework for evaluating this question, where the key factors are the cost of errors based on imperfect information and whether information is eventually revealed to consumers. I then apply the framework to examples.
Preliminary Thoughts on an Attorney-Client Privilege for Law Firms: When a Current Client Threatens to Sue the Firm for Malpractice, Does the Privilege Apply to the Firm's Consultation with In-House Counsel about the Potential Claim?

This article deals with a significant, timely problem facing the legal profession. The problem is significant because the number of malpractice claims filed against attorneys is steadily increasing. The article cites a 2012 American Bar Association study finding more than a 30% increase in the number of claims reported between 2007 and 2011. The problem is also timely because of two 2013 state supreme court decisions. Until recently, the majority view was that if a current outside client threatened its firm with a malpractice claim, the attorney-client privilege did not apply to the consultations between the firm members representing the client and in-house counsel responsible for issues such as ethics and risk management. Thus, in any subsequent malpractice litigation, the former client could discover any written records of the internal consultations and depose firm members about related oral communications. However, on July 10, 2013, the Supreme Judicial Court of Massachusetts decided to recognize an intra-firm privilege; and on the very next day, July 11, 2013, the Georgia Supreme Court arrived at the same conclusion. The thesis of the enclosed article is that the Georgia and Massachusetts courts arguably reached the right result. The first part of this article is descriptive, surveying the current split of authority. The second and third parts are evaluative. The second part addresses the threshold question of whether the courts should recognize an intra-firm privilege in any circumstances. The second part criticizes the majority view and, in particular, challenges traditionalists' reliance on the so-called fiduciary exception to the attorney-client privilege. The third part attempts to identify the circumstances in which the courts ought to uphold an infra-firm privilege. Initially, the third party reviews the internal procedures that the firm ought to put in place to establish its status as the client of the in-house counsel. The third party then turns to the thorny question of whether the firm may engage in such internal consultations even without the outside client's consent. The article suggests that the argument for requiring the client's consent misconceives an evidentiary issues as an ethics question. Given the paucity of authority in point and the recency of the Georgia and Massachusetts decisions, the article does not purport to offer a definitive analysis of these issues. However, legal malpractice claims are so common and the interests of the bar and its clientele are so vital that the current split of authority is unsatisfactory. The intent of this article is to prompt a deeper, more robust debate over these issues.
Out-of-sample exchange rate predictability with Taylor rule fundamentals

Abstract An extensive literature that studied the performance of empirical exchange rate models following Meese and Rogoff's [Meese, R.A., Rogoff, K., 1983a. Empirical Exchange Rate Models of the Seventies: Do They Fit Out of Sample? Journal of International Economics 14, 3–24.] seminal paper has not convincingly found evidence of out-of-sample exchange rate predictability. This paper extends the conventional set of models of exchange rate determination by investigating predictability of models that incorporate Taylor rule fundamentals. We find evidence of short-term predictability for 11 out of 12 currencies vis-a-vis the U.S. dollar over the post-Bretton Woods float, with the strongest evidence coming from specifications that incorporate heterogeneous coefficients and interest rate smoothing. The evidence of predictability is much stronger with Taylor rule models than with conventional interest rate, purchasing power parity, or monetary models.
Head Injuries, Student Welfare, and Saving College Football: A Game Plan for the NCAA

As understanding regarding the severity of head injuries and concussions in football increased dramatically, President Obama entered the fray in 2013 when he called on the National Collegiate Athletic Association (NCAA) to “think about” concussions and injuries in college football.President Obama’s involvement is not the first instance of a president calling for reform in college football due to severe injuries. At the turn of the 20th century, President Theodore Roosevelt responded to the tragic deaths of eighteen college football players in 1904. President Roosevelt called on university leaders to participate in a White House Conference that was called to deal with the problem of injuries and deaths in college football through the development of safety rules. Roosevelt, no doubt, was also responding to concerns raised in the press, including a 1903 article in the New York Times referring to college football as “mayhem and homicide.” College leaders heeded President Roosevelt’s call by gathering and eventually adopting new safety rules, although it took over a decade for the new football rules to be put in place.This article sets forth a challenging but viable game plan for protecting the health and well-being of intercollegiate football players. Acting proactively will help revitalize the NCAA’s brand of competitive, student-centered athletics. This article consists of three parts: The Problem of Head Injuries in College Football; Solving the Problem of Head Injuries in College Football; and Conclusion.
Camreta and Al-Kidd: The Supreme Court, the Fourth Amendment, and Witnesses

id=2043259. 123 These precedents therefore nicely counter one commentator's objection that it would have been "illogical" for the al-Kidd Court to make it "easier to arrest a bystander than a suspected terrorist." Oliver, supra note 118, at 326, 337. The government has a special needs justification for detaining both people assuming the primary purpose of the seizure is to secure their testimony at trial. But just as it is easier to defend the constitutionality of a roadblock designed to "ensur[e] roadway safety" than one aimed at "interdicting illegal drugs," so the administrative search exception more readily justifies the arrest of an "innocent" reluctant witness than one who is herself a suspected criminal. Edmond, 531 U.S. at 40-41. See also infra notes 206-07 and accompanying text (describing Supreme Court precedent rejecting the argument that the government's interest in investigating serious crimes triggers the special needs exception). 124 See Michigan Dep't of State Police v. Sitz, 496 U.S. 444 (1990) (upholding sobriety checkpoint). 125 See Colorado v. Bertine, 479 U.S. 367 (1987) (upholding inventory search that led to discovery of contraband). 126 See Camara v. Mun. Court, 387 U.S. 523, 531 (1967) ("Like most regulatory laws, fire, health, and housing codes are enforced by criminal processes."). 127 See Illinois v. Lidster, 540 U.S. 419, 422 (2004); Sitz, 496 U.S. at 447. 128 See New York v. Burger, 482 U.S. 691 (1987). 129 Id. at 717. 2012]1 309
Barriers to Foreclosure Prevention During the Financial Crisis

The number of modifications to distressed residential loans following the 2008 financial crisis has been disappointingly low compared to the number of foreclosures. This raises concerns about the presence of artificial barriers to loan modifications in situations where foreclosure should be avoidable. There are three pressing reasons to care about what the real barriers to foreclosure prevention are. First, foreclosures that could have been avoided inflict enormous, needless losses on borrowers, investors, and society at large. Second, overcoming artificial barriers to foreclosure prevention will result in loan modifications with higher rates of success. Finally, knowing what to fix is necessary to identify the right policy solution.
Civil Litigation as a Tool for Regulating Climate Change: An Introduction

This essay serves as an introduction to a special issue of the Valparaiso Law Review, dedicated to civil litigation of causes of action to address climate change. Every now and again there is a case that subjects the U.S. Supreme Court to a kind of stress-test. A case that reveals the Court’s willingness to engage tough social issues, or instead kick the can to coordinate branches of government, or to the states. On occasion, an environmental case will push the Court mightily over constitutional issues of standing, political question doctrine, separation of powers, and federalism. The recently decided American Electric Power Co. v. Connecticut (“AEP”), for example, is just such a case. Accordingly, this Essay contains a summary of AEP and discusses its implications. It concludes that AEP has had a profound impact on GHG litigation and policymaking, and will be the case of threshold reference on issues of displacement, constitutional and prudential standing, the political question doctrine, and the role of common and statutory law in addressing GHG emissions.