cssi/SciSciGPT-SciSciNet huggingface dataset:
Globalization and goals: does soccer show the way?

ABSTRACT Soccer (football in the non-American terminology) is the most globalized sport. Free circulation of players has markedly increased during the last ten to fifteen years as limits on the number of foreign players in the European leagues have been lifted, and clubs have become more commercially minded. On the other hand, the rules governing national team competition have remained restrictive: players can play only for the country where they were born. We show that, in a model where there is free circulation of labour, increasing returns to scale, and endogeneity of skills, this produces on the one hand, higher overall quality of the game and increasing inequality of results among clubs, and on the other hand, lower inequality in the national teams' performances. The empirical examples from the history of the European Champions' League and the World Cup support the implications of the model. We argue in the conclusions, that soccer's global rules allow poor countries to capture some of their ‘leg dra...
How Technology Has Influenced the Field of Corporate Communication

This commentary serves as a sequel to and an update of the author's earlier article “Corporate Communication as a Discipline: Toward a Definition.” In addition to presenting new information about the field of corporate communication, the author discusses the particular effect that technology has had on the field as both a function in business and a discipline within the academy. He focuses specifically on the challenges and opportunities that new technologies have brought to the field and explores possibilities for teaching and research.
A Pragmatic Defense of Contract Law

Contract law is such a fixed part of our legal practice that it may seem odd to suggest that it requires a defense, except perhaps among utopians or anarchists. To be sure, one might believe that this or that rule of contract law ought to be altered. Perhaps the parol evidence rule should be given greater force, or perhaps courts should be more generous with the doctrines of duress and unconscionability, but surely no one objects to the idea of having at least some sort of law of contracts? The answer depends on what one means by contract law. If one means rules governing disputes of the kind generally discussed in a first-year law school course on contracts, it would likely be difficult to find someone opposed to the existence of contract law. Even with its command-andcontrol economy, for example, the Soviet Union had a body of rules that purported to govern contracts. On the other hand, if one means by contract law a single set of legal principles that purports to govern liability for basically all voluntary transactions, call it “General Contract Law,” then the question becomes much more controversial. Indeed, since the early twentieth century, successive generations of critics have argued that General Contract Law in this sense is a mistake and that in many—perhaps most—cases we would be better off fragmenting the field into distinctive bodies of law for different sorts of transactions. The hostility continues in present contracts scholarship. For ex-
High pT hadron–hadron correlations

We propose the formulation of a dihadron fragmentation function in terms of parton matrix elements. Under the collinear factorization approximation and facilitated by the cut-vertex technique, the two hadron inclusive cross section at leading order (LO) in e + e - annihilation is shown to factorize into a short distance parton cross section and the long-distance dihadron fragmentation function. We also derive the DGLAP evolution equation of this function at leading log. The evolution equation for the non-singlet and singlet quark fragmentation function and the gluon fragmentation function are solved numerically with the initial condition taken from event generators. Modifications to the dihadron fragmentation function from higher twist corrections in DIS off nuclei are computed. Results are presented for the cases of physical interest.
Internet Packet Sniffing and Its Impact on the Network Neutrality Debate and the Balance of Power Between Intellectual Property Creators and Consumers

When Internet Service Providers ("ISPs") serve as neutral conduits they qualify for a safe harbor exemption from liability for carrying copyright infringing traffic provided by Section 512 of the Digital Millennium Copyright Act. However ISPs now want to operate non-neutral networks capable of offering "better than best efforts" routing and premium services for both content providers and consumers seeking higher quality of service and more reliable traffic delivery. The ability to inspect specific packet streams also enables ISPs to identify traffic type and routing priority as well as a greater ability to determine copyright compliance. The debate about Internet neutrality has largely ignored whether ISPs risk losing safe harbors from copyright infringement when they actively manage their networks to offer tiered services. This paper will assess non-neutral network operation in terms of its impact on intellectual property rights, including consumers' fair use opportunities. The paper will assess whether and how ISPs might lose their safe harbor for copyright infringement liability based on new technological means to know about the content they carry. Additionally the paper will consider whether ISPs have an affirmative duty to conduct packet inspection absent a legislative mandate. The paper also will examine litigation over mandatory processing of broadcast television "flags," which specify consumer use options, but which require equipment processing on user premises. The paper concludes that ISPs regulatory status as information service providers does not provide an absolute exemption from responsibilities to examine the content they carry and to provide reasonable safeguards for protecting copyrights. However such affirmative efforts to operate a non-neutral network may impose greater burdens on ISPs to protect creators' intellectual property rights with the likely reduction of consumers' fair use opportunities.
The Trouble with Basic : Price Distortion after Halliburton

Many commentators credit the Supreme Court’s decision in Basic, Inc. v. Levinson, which allowed courts to presume reliance rather than requiring individualized proof, with spawning a vast industry of private securities fraud litigation. Today, the validity of Basic’s holding has come under attack as scholars have raised questions about the extent to which the capital markets are efficient. In truth, both these views are overstated. Basic’s adoption of the fraud on the market presumption reflected a retreat from prevailing lower court recognition that the application of a reliance requirement was inappropriate in the context of impersonal public market transactions. And, contrary to arguments currently being made to the Supreme Court in the Amgen case, fraud on the market theory does not require a strong degree of market efficiency—but merely that market prices respond to information. The Basic decision had another, less widely-recognized effect, however. It began shifting the nature of private securities fraud claims from transaction-based claims to market-based claims, a shift that was completed by the Court’s later decision in Dura. The consequence of this shift was to convert the nature of the plaintiff’s harm from a corruption of the investment decision to one of transacting at a distorted price. The legal significance of price distortion was at the heart of the Halliburton decision. The lower court confused two temporally distinct concepts: ex ante price distortion, which is part of the reliance inquiry, and ex post price distortion, which is a component of loss causation. The Supreme Court limited its holding in Halliburton to identifying this confusion, leaving examination of the appropriate role of price distortion for future cases. In Amgen, the Court may be forced to tackle this question. This Article argues that Amgen highlights the incongruity of considering price distortion at the class certification stage and provides  Perry Golkin Professor of Law, University of Pennsylvania Law School. I am grateful for helpful comments from Eric Orts, the participants at the Institute for Law and Economic Policy’s Conference on the Future of Class Actions, the University of Pennsylvania Law School’s ad hoc faculty seminar and the Deals Workshop of the University of Colorado Law School. My thanks to Charlotte Newell, Penn Law Class of 2012, and Melissa Deutsch, Penn Law Class of 2011, for excellent research assistance. Washington University Open Scholarship 896 WASHINGTON UNIVERSITY LAW REVIEW [VOL. 90:895 an opportunity for the Court to reconsider and reject Basic’s insistence on retaining a reliance requirement.
Social security, growth, and welfare in overlapping generations economies with or without annuities

We examine the impact of a stylized pay-as-you-go (PAYGO) Social Security program in an economy of overlapping generations with equilibrium growth. We adopt realistic mortality and other demographic assumptions and allow for the presence or absence of life annuities. In all cases steady-state economies with PAYGO Social Security programs grow more slowly than those without. Also, we find that lifetime expected utilities are lower for existing and future households in steady-state economies with Social Security. We also report the effect of Social Security on the age profile of consumption and explore the effects of longer life expectancy, compensating Social Security program changes, and capital subsidies.
Octonions, E6, and particle physics

In 1934, Jordan et al. gave a necessary algebraic condition, the Jordan identity, for a sensible theory of quantum mechanics. All but one of the algebras that satisfy this condition can be described by Hermitian matrices over the complexes or quaternions. The remaining, exceptional Jordan algebra can be described by 3 × 3 Hermitian matrices over the octonions. We first review properties of the octonions and the exceptional Jordan algebra, including our previous work on the octonionic Jordan eigenvalue problem. We then examine a particular real, noncompact form of the Lie group E6, which preserves determinants in the exceptional Jordan algebra. Finally, we describe a possible symmetry-breaking scenario within E6: first choose one of the octonionic directions to be special, then choose one of the 2×2 submatrices inside the 3×3 matrices to be special. Making only these two choices, we are able to describe many properties of leptons in a natural way. We further speculate on the ways in which quarks might be similarly encoded.
Treaties in collision? The Biosafety Protocol and the World Trade Organization agreements

In the event of a conflict between the requirements of the Biosafety Protocol, a multilateral agreement governing the trade in genetically modified organisms, and the requirements of the General Agreement on Tariffs and Trade and associated agreements (collectively WTO Agreements), which treaty’s requirements prevail? This question lies as the legal heart of the perceived conflict between trade globalization and environmental protection. This issue is particularly timely given the present trade dispute between the United States and European Union over the European Union’s restrictions on the importation of genetically modified agricultural commodities. In this piece, I analyze the relationship between these agreements. I conclude that while the “savings clause” language ultimately included in the Biosafety Protocol preserves countries’ rights and obligations under the WTO Agreements, the Protocol and the WTO Agreements are less on a collision course than some may fear.
Heller's Gridlock Economy in Perspective: Why There is Too Little, Not Too Much Private Property

This Article critiques Michael Heller’s important contribution in the Gridlock Economy. At no point does it take the position that gridlock, or the associated anticommons, is not a serious issue in the design of a legal system. But it does insist that gridlock is not the major source of social dislocation, or that private ownership is the major source of gridlock. More concretely, the articles examines the other important sources of economic distortion that are unrelated to economic gridlock from private action. These include the use of excessive government subsidies (as with health care), misguided government licenses (as with broadcast licenses); the unwise use of government power to create gridlock situations (as with employment law); the excessive role of government permitting (as with real estate development); and the use of creative private techniques to overcome gridlock (as with patent licensing as a way to combat the patent thicket). Thereafter, the Article explains how traditional common law rules did a better job in controlling for gridlock than many current initiatives, by narrowly defining the class of actionable harms to exclude competitive loss, blocked views, and hurt feelings. It closes with an explanation of how broad definitions of harm slow down decisions in the public sector, thereby impeding the use of the eminent domain power that could otherwise respond to gridlock issues.
Virtue Jurisprudence A Virtue–Centred Theory of Judging

“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge's appreciation of the particular characteristics of individual fact situations.
Professional Fees and Other Direct Costs in Chapter 7 Business Liquidations

Using an empirical analysis from Chapter 7 cases in five judicial districts, this article estimates the direct costs in typical small business Chapter 7s. The article finds that direct costs are lower than commonly portrayed, constituting a mean of 6.1% of total assets of 13.5% of total distributions. Costs did vary substantially across districts. Delay and case complexity were the largest determinant of bankruptcy costs. Most all of the cases involved only a negligible distribution for unsecured creditors.
Undressing the CEO: Disclosing Private, Material Matters of Public Company Executives

Disclosing material private matters of public company executives is a difficult and complex but sometimes necessary act. Advocates that favor more disclosure and advocates that favor more privacy both have many legitimate arguments and concerns. This article argues that when viewed in the context of contemporary capital markets, the enhanced role of the executive, and the modern media, additional disclosure from executives about material, private matters is desirable. In support of this argument, this article proposes a principle-based approach for executive disclosure that affords companies and executives reasonable deference on what to disclose and how to disclose it, while simultaneously strengthening regulatory safeguards for the investing public with minimal compliance burdens.
Redhibition and Implied Warranties Under the 1993 Revision of the Louisiana Law of Sales

This article discusses the Louisiana Legislature’s 1993 revision of the Louisiana Civil Code Articles about sales, specifically the provisions concerning traditional concepts of redhibition and the articles describing warranties not previously recognized in the Louisiana legislation. The author also notes instances where the law has been changed and identifies provisions that need clarification or other legislative refinement.
The role of direct flights in trade costs

Effects of direct flights on trade costs are investigated using micro price data at the city level. After controlling for local retail/distribution costs, traded input prices are obtained to be further used in the measurement of trade costs across cities through arbitrage conditions. The existence of a direct flight enters trade costs regressions negatively and significantly. The results are shown to be robust to the consideration of many control variables, nonlinearities in the effects of distance on trade costs, possible endogeneity of having direct flights between cities and alternative definitions of the data. The direct flights that are shown to be determined by bilateral air services agreements are further shown to reduce trade costs through an endogeneity analysis; the main policy implications are twofold: (i) international trade policies through aviation services, such as Open Skies Agreements of the US, are alternative trade policy tools to reduce international trade barriers; (ii) direct flights facilitate the integration of internal markets as in the case of European Union.
Economic freedom and crashes in financial markets

Abstract Using a unique empirical approach that accounts for the possibility that financial market crashes are endogenously determined by market structures, this study examines how economic freedom contributes to crashes in financial markets. On one hand, economic freedom might provide an unregulated framework that contributes to the likelihood of crashes. On the other hand, economic freedom may mitigate regulatory uncertainty thus providing a level of transparency that reduces the likelihood of crashes. Results in this study provide strong support for the latter idea as countries with higher levels of economic freedom experience lower probabilities of market crashes and more positive skewness in asset returns. A closer examination of the data suggest that the components of economic freedom that contribute most to the reduction in crash risk is the level of free trade and, to some extent, the strength of property-right protection.
Death Penalty Resistance in the US

In recent years popular support for the death penalty in the US has begun to wane. This article discusses some of the reasons for this development including evidence that innocent individuals have been put to death. Other reasons involve legal debates about executing the mentally retarded, racial disparity and LWOP (Life Without Parole) as an alternative.
Structured Legislation: Toward the Synthesis of Better Law and Regulation of Electronic Communications

AbstractWhy is it so difficult to draft laws and regulations that are coherent, consistent, and free of logical errors? Electronic communications laws in the European Union and in the United States (and probably everywhere else) are, we would contend, replete with ‘bugs' – logical errors in their formulation. Some bugs are small, with limited effect. Others (notably in the United States) can have great effect. A great deal of effort has been invested over the years in the use of tools and formal methodologies to interpret existing laws (under the rubric of statutory construction), but surprisingly little in the use of formal logical methods to create better laws and regulations in the first place. Could ideas and tools be borrowed from other disciplines to enable the formulation of laws and regulations that more accurately express their intended purpose? We contend that the parallels between large computer programs and large laws and regulatory rulings are far closer than has been appreciated, and that so...
Semiparametric estimation of dynamic discrete choice models

Abstract We consider the estimation of dynamic binary choice models in a semiparametric setting, in which the per-period utility functions are known up to a finite number of parameters, but the distribution of utility shocks is left unspecified. This semiparametric setup differs from most of the existing identification and estimation literature for dynamic discrete choice models. To show identification we derive and exploit a new recursive representation for the unknown quantile function of the utility shocks. Our estimators are straightforward to compute, and resemble classic closed-form estimators from the literature on semiparametric regression and average derivative estimation. Monte Carlo simulations demonstrate that our estimator performs well in small samples.
COLLATERAL DAMAGE: THE AFTERMATH OF THE POLITICAL CULTURE WARS IN SCHIAVO

Theresa Marie Schiavo died a celebrity at the age of 42 in Pinellas Park, Florida, in early 2005. She never sought the public spotlight; she never even knew she was a celebrity. She became a celebrity, one of the best-known figures in bioethics, because of politics. This Article examines the politics surrounding her death and draws some conclusions about the aftermath for those left behind in the America Ms. Schiavo departed.The lessons of Schiavo are mixed. It unquestionably will impact end-of-life decisionmaking in America for years to come, in at least one positive but mostly negative ways. Both individuals and individual cases will be affected, and the general tone and pattern of end-of-life decisionmaking will change. Even beyond the realm of end-of-life decisionmaking law, the politics of Schiavo, for better or worse, can be seen as an example of a more general politicization of bioethics. Finally, Schiavo highlights some major lessons to be learned about the functioning of our American constitutional republican form of government.
Quality-adjusted price comparison of non-homogeneous products across Internet retailers

Abstract This study compares prices offered by multiple Internet retailers. This task is challenging because e-tailers cannot present their entire assortments to each consumer. Therefore, the quality of the product assortments presented by different e-tailers to each consumer is not directly comparable on an item-by-item basis, resulting in non-homogeneous offerings across retailers. We further consider the interaction between retailers (product information presentation format) and consumers (product information search strategies), which makes price comparisons among the retailers even more non-homogeneous. To grapple with this quality-adjusted price comparison problem for non-homogeneous products, we use a stochastic-frontier hedonic-price regression model to find the “lowest” theoretical price for a product given its characteristics. We then assess the price efficiency of the product as the ratio between this lowest price and the offered market price. This framework allows for the comparison of retailers in their ability to offer the “best deals” even when their actual assortments are not directly comparable in quality. Moreover, this framework provides Internet retailers with a relative measure of price efficiency. This helps them understand when and where they offer competitive prices to consumers. We illustrate our approach empirically in a comparison of price efficiency among three major Internet travel agents on a sample of posted itineraries and airfares. Furthermore, we demonstrate that the price efficiency of an Internet travel agent depends on the format of its website and on consumers' search strategies.
The Lawyer of the Future

Introspection is the order of the day for legal education and the legal profession. The economic stress of the last few years tore away at many of the traditional models of law practice and caused many to question the value of a legal education. The combination of rising tuition and a challenging employment market causes very bright, aspiring lawyers and judges to question whether law is a wise professional choice for them. The history of legal education and the legal profession provides powerful positive responses to these contemporary doubters. Rigorously educated legal professionals are problem-solvers, models of civil discourse, agents of orderly social change, articulators of policy, enforcers of procedural safeguards, and guardians of sacred inalienable rights. Law-trained professionals are, in short, the face of the rule of law that is the envy of much of the world. Recognizing all the challenges of this time in history, the central value of the importance of legal education cannot be diminished.
The President and Immigration Law

For decades, immigration law and scholarship has been preoccupied with limits on the power of courts to police immigration policy. But the focus on this separation-of-powers question has obscured a second: how is immigration authority distributed between the political branches themselves? In this Article, we explore how the allocation of immigration power between the President and Congress has evolved as a matter of historical practice and constitutional law. A long-overlooked history hints that the President has at times asserted inherent executive authority to regulate immigration. At the same time, the explosive growth of the administrative state has assimilated most executive policymaking into a model of delegated authority. The intricate immigration code associated with this delegation framework may appear at first glance to limit the President’s policymaking discretion. In practice, however, the modern structure of immigration law actually has enabled the President to exert considerable control over immigration law’s core question: which types of noncitizens, and how many, should be permitted to enter and reside in the United States? Whether Congress intended for the President to have such freedom is less important than understanding the breadth of the Executive’s power and its asymmetric nature. The President has considerable authority to screen immigrants at the back end of the system, through enforcement decisions, but minimal control over screening at the front end, before immigrants enter the United States. We argue that this asymmetry may sometimes have pathological consequences -- consequences Congress could mitigate by formally delegating power to the President to adjust the quotas and admissions criteria at the heart of immigration law.
Measuring Investment Distortions when Risk-Averse Managers Decide Whether to Undertake Risky Projects

The corporate finance literature has extensively modeled the distortions in investment decisions that result from conflicts of interest between claimholders. These models generally imply that firms make suboptimal project choices, either in terms of good projects that are rejected, or bad projects that are accepted. Since it is difficult to observe management forecasts of project net present values, especially for projects that are not ultimately undertaken, it is difficult to assess the importance of these models quantitatively. One approach to evaluating the importance of investment distortions is to first calibrate a model that uses data from public firms, and then estimate the magnitude of the distortion in investment decisions by examining the characteristics of the projects that the model predicts would be accepted or rejected. Studies such as those by Mello and Parsons (1992), Leland (1998), Parrino and Weisbach (1999), Moyen (2000), and Titman and Tsyplakov (2001) use this approach to estimate the magnitude of the impact of stockholder/debtholder conflicts on investment decisions. However, papers that examine stockholder/debtholder conflicts in this way typically do not consider the conflict of interest between managers and stockholders. Instead, they usually assume that managers seek to maximize the value of the firm’s stock. In this article, we relax this assumption and estimate the magnitude of stockholder/manager conflicts, their interactions with stockholder/debtholder conflicts, and their effect on a firm’s investment decisions. We do so by considering a risk-averse manager who makes the investment decisions at a firm, and at the same time seeks to maximize his own utility function. In our model, the manager owns shares in a levered firm (which he cannot hedge), options on the firm’s stock, and has other wealth that is independent of the value of the firm. We model the firm by using the We create a dynamic model in which a self-interested, risk-averse manager makes corporate investment decisions at a levered firm with characteristics typical of public US firms. We examine the magnitude of distortions in those decisions when a new project changes firm risk and find expected changes in the values of future tax shields and bankruptcy costs to be important factors. We evaluate the extent to which these distortions vary with firm leverage, debt duration, project size, managerial risk aversion, managerial non-firm wealth, and the structure of management compensation packages.
Patentable Subject Matter and Nonpatent Innovation Incentives

S | 99 Patentable Subject Matter and Non-Patent Innovation Incentives Lisa Ouellette Assistant Professor, Stanford Law School Stanford, CA In four patentable subject matter cases in the past five Terms, the Supreme Court has repeatedly reaffirmed the judicially created prohibitions on patenting "abstract ideas" or "nature." But since the Court has failed to give much guidance beyond its specific holdings, the boundaries of these exceptions remain highly contested. The dominant justification for patentable subject matter limitations is utilitarian, so debates often focus on whether patents are needed to provide adequate innovation incentives in disputed subject matter areas such as software or genetic research, and whether their costs outweigh these benefits. Yet many participants in these debates ignore that the absence of patents does not imply that there would be only private incentives such as reputational gains or first-mover advantage. Rather, federal and state governments facilitate transfers to researchers through a host of mechanisms including tax incentives, direct grants and contracts, and prizes which already provide substantial research support in the fields where patents are the most controversial. Paying attention to non-patent incentives is particularly important in patentable subject matter cases, as it could prevent courts from being misled by the concern that a lack of patents for a certain type of invention would remove all incentives for nonobvious and valuable research in that field. Non-patent innovation incentives could also help ease the tension between utilitarian and moral considerations in the current patentable subject matter debates: if many people find patents on certain inventions (such as "human genes") morally objectionable, utilitarian goals can still be served by using other transfer mechanisms to substitute for the incentive effect of patents. Indeed, non-patent incentives may be more effective than patents in these areas, where inventors who share moral objections find little incentive in patents, and those who don't still find the patent incentive to be dulled by the persistent uncertainty that has plagued patentable subject matter doctrine in recent years. Wider appreciation of the range of innovation incentives would help bring patentable subject matter discussions in line with the realities of scientific research, and might even make this doctrinal morass more tractable. Email: ouellette@law.stanford.edu
Directors’ Decision-Making Involvement on Corporate Boards

Using the full set of committee memberships for the directors of Fortune 100 firms (which I collect from annual proxy statements), I introduce a measure to capture the extent of a director’s involvement in discussion and decisions that affect corporate strategy. I document substantial variation in directors’ decision-making involvement both within and across boards, and I provide evidence that this more nuanced yet systematically available measure yields more powerful and better specified tests in examining the link between board composition, accounting performance metrics, and shareholder value. Overall, I argue that incorporating these differences in decision-making power has important implications for studies in corporate governance.
From Programmatic Reform to Social Science Research: The National Tax Association and the Promise and Perils of Disciplinary Encounters

This article uses the history of the National Tax Association (NTA), the leading twentieth-century organization of tax professionals, to strengthen our empirical understanding of the disciplinary encounter between law and the social sciences. Building on existing sociolegal scholarship, this article explores how the NTA embodied tax law's ambivalent historical interaction with public economics. Since its founding in 1907, the NTA has changed dramatically from an eclectic and catholic organization of tax professionals with a high public profile to an insular, scholarly association of mainly academic public finance economists. Using a mix of quantitative and qualitative historical evidence, we contend that the transformation in the NTA's mission and output can be explained by the increasing professionalization and specialization of tax knowledge, and by the dominant role that public economics has played in shaping that knowledge. This increasing specialization allowed the NTA to secure its position as a bastion of scholarly tax research. But that achievement came at a cost to the organization's broader civic mission. This article is thus a historical account of how two competing professional disciplines—tax law and public economics—have interacted within a particular organizational field, namely the research and analysis of tax law and policy.
Closing the Loophole: Termination of State Funding for Some Charter City Construction Projects

This article discusses the background and legal implications of California Public Contract Code § 2503, which took effect in January 2013. The law is intended to prevent charter cities from instituting an outright ban on Project Labor Agreements (PLAs) — “pre-hire collective bargaining” arrangements.
My Taxes Paid for That?! or Why the Past Is Prologue for Public Arts Funding

Recent efforts to cut public funding for the arts and culture sectors in the United States are couched in the need for balanced budgets and fiscal discipline. Lawmakers who support cuts question whether artistic pursuits such as “cowboy poetry” or artistic endeavors that offend or shock some viewers are an appropriate use of public monies in a depressed economy. While the current debate is grounded in a need for balanced budgets and reduced deficits, long-standing unresolved legacies fragment arts and culture policy and leave arts and culture funding vulnerable to additional cuts. The normative implications for the role of the arts and culture sectors in a democratic society need to be considered.
The influence of family firm dynamics on voluntary disclosures

Abstract We examine the voluntary disclosure practices of family firms. Family firms have longer investment horizons and lower agency conflicts between owners and managers. However, they also exhibit higher agency conflicts between controlling and non-controlling shareholders, and greater concerns about their own reputations. We therefore hypothesize that the previously documented association between stock-based incentives and voluntary disclosures is dampened for family firms. In comparison to non-family firms, we find that family firms are less likely to provide management earnings forecasts when their CEO's wealth (linked to the firm) is higher. We note this influence only in larger firms, which is consistent with the finding that larger firms have a significantly higher number of stock-based incentives than smaller firms. Additionally, the main result continues to hold when a family member serves as CEO or on the board of directors. We contribute to the literature by extending the research on stock-based incentives and voluntary disclosure, linking this research to family firms, and providing insight on the conflicting results found in prior family firm research.
Opening Pandora’s box: the use of drones as preventive self-defense through the normative framework

Since the United States began to use armed drones in its war on terror, the US has ignited a debate on the lawfulness of the use of force in preventive self-defense and about respect for international human rights. On the one hand, from a realist perspective, as rational actors in an anarchic international system, states seek to first bolster their security and, therefore, try to compile as many drones as they can in case their neighbors should attack them. On the other hand, from the normative framework, states justify their use of drones through international documents, as the US and Israel do when they argue that their use of armed drones on battlefields satisfies the law of war principles of distinction and proportionality. By applying Sandholtz’s cyclic theory of norm change, this article examines how the US invasion of Iraq and the US’s use of drone technology in the war’s aftermath have changed the doctrine of preventive self-defense. In doing so, the article argues that although states are now beg...
DEEP sleep: The impact of sleep on financial risk taking

In this paper, we examine the relationship between sleep and financial risk taking. The results indicate that individuals who have better sleep display less distortion of probability, are less susceptible to the present bias, and have a lower discounting rate. Specifically, individuals with better self-reported sleep quality have less distortion of probability, a more curved utility function, and are less loss averse, while those with fewer sleep disturbances display less probability distortion and have more curvature in their utility function. Overall, the results show that there are cognitive deficits in financial decision making by having poor sleep habits that can have important consequences.
Accountability, Liability and the War on Terror—Constitutional Tort Suits as Truth and Reconciliation Vehicles

This Article examines the role of civil suits in providing accountability for the Bush administration’s conduct of the “war on terror.” There have been calls for a “Truth and Reconciliation Commission” to perform this function, almost like a retroactive impeachment of President Bush. For now, the idea appears to be dead, especially since many of the policies have continued under President Obama. Increasingly, the default accountability mechanism for questioning government conduct is the array of civil suits against federal officials by self-proclaimed victims of the war, cases which might be referred to as reverse war on terror suits. Many of these suits are high profile, including Ashcroft v. Iqbal, Padilla v. Yoo, and Arar v. Ashcroft. These suits often fail at the threshold. This Article examines the specific reasons for these failures—including the Bivens doctrine, qualified immunity, and the state secrets privilege—and explores their underlying causes. It identifies both a systemic hesitation to use the tort suit as a vehicle for questioning government policy and an enhanced hesitation when the policy involves national security, an area of high judicial deference to the government. In addition to these problems, the Article concludes that the suits, like the commission proposal, suffer from the same retributive motivation and premises. The legal climate that reverse war on terror suits face may become more receptive. Perhaps, however, the goal of accountability should be re-examined and sought through other means.
Understanding antecedents of new product development speed: A meta-analysis

Abstract New product development (NPD) speed is a key component of time-based strategy, which has become increasingly important for managing innovation in a fast-changing business environment. This meta-analytic review assesses the generalizability of the relationships between NPD speed and 17 of its antecedents to provide a better understanding of the salient and cross-situationally consistent factors that affect NPD speed. We grouped the antecedents into four categories of strategy, project, process, and team, and found that process and team characteristics are more generalizable and cross-situationally consistent determinants of NPD speed than strategy and project characteristics. We also conducted subgroup analyses and found that research method variables, such as level of analysis, source of data, and measurement of speed, moderate the relationships between NPD speed and its antecedents. We apply the study's findings to assess several models of NPD speed, such as the balanced model of product development, the strategic orientation and organizational capability model, the compression vs. the experiential model, the centrifugal and centripetal model, and the product development cycle time model. We also discuss the implications of our findings for research and practice.
The effect of tax and nontax country characteristics on the global equity supply chains of U.S. multinationals

We examine the global equity supply chains of U.S. multinationals to explore how tax and nontax country characteristics affect whether firms use foreign holding companies and where they locate them. We find that U.S. multinationals supply equity from headquarters to their foreign operating companies through foreign holding companies located in countries that lightly tax equity distributions. We also find that foreign holding companies tend to be located in countries with less corruption and investment risk than the countries in which the operating companies they own are located. In addition, we provide empirical evidence that the Netherlands, a well-known location for international tax planning, is a particularly popular site for foreign equity holding companies. Our findings contribute to a nascent literature that examines ownership chains in multinational companies and a larger literature on subsidiary location decisions for multinationals. The findings also provide empirical evidence that could be useful to governments in developed countries as they attempt to reform international tax policy.
Reluctant Nationalists: Federal Administration and Administrative Law in the Republican Era, 1801-1829

In 1801 the Jeffersonian Republicans took charge of Congress, the presidency, and the national administration, determined to roll back the state-building excesses of their Federalist predecessors. In this effort they were partially successful. But the tide of history and the demands of a growing nation confounded their ambitions. While reclaiming democracy they also built administrative capacity. This Article examines administrative structure and accountability in the Republican era in an attempt to understand the “administrative law” of the early nineteenth century. That inquiry proceeds through two extended case studies: the Jeffersonian embargo of 1807-1809 and the multi-decade federal effort to survey and sell the ever-expanding “public domain.” The first was the most dramatic regulation of commerce attempted by an American national government either before or since. The second began a land office business that dominated the political and legal consciousness of the nation for nearly a century. The embargo tested the limits of administrative coercion and revealed an escalating conflict between the necessities of regulatory administration and judicial review in common law forms. The sale of the public domain required the creation of the first mass administrative adjudication system in the United States and revealed both the ambitions and the limits of congressional control of administration in a polity ideologically devoted to assembly government. Together these cases describe the early-nineteenth-century approach to a host of familiar topics in contemporary administrative law: presidential versus congressional control of administration, the propriety and forms of administrative adjudication, policy implementation via general rules, and the appropriate role of judicial review. Perhaps most significantly, both the embargo episode and the efforts to privatize the public domain demonstrate the singular importance of internal administrative control and accountability in maintaining neutrality and consistency in the application of federal law. This “internal law of administration” remains both a crucial and an understudied aspect of American administrative governance. author. Sterling Professor of Law and Management, Yale University. My thanks to Anne MacClintock and to colleagues at Yale and elsewhere for helpful comments. Henry Liu, Eugene Nardelli, Rebecca Smullin, and Nicholas Stephanopolous provided energetic and creative research assistance. I am also indebted to the librarians at the Yale Law School and at the James E. Rogers College of Law at the University of Arizona for tireless assistance in locating obscure sources. MASHAW_11-07-06_FORMATTED FOR SC1 5/30/2007 11:39:19 PM reluctant nationalists
Universal Human Rights in the Law of the United States

The Chapter discusses the relationship in United States law between State, Federal and international authorities on universal human rights. All U.S. State constitutions and the Federal Constitution recognize the “inherent” or “inalienable” rights of humanity. Yet despite having long accepted the binding force of universal human rights, United States courts and public officials have been hesitant to recognize non-U.S. authorities when identifying, interpreting, or enforcing these rights in practice. The U.S. government and courts view most international treaties and declarations concerning universal human rights as simple restatements of existing constitutional guarantees. United States courts and public officials have generally weighed foreign evidence of the requirements of universal human rights according to the legitimacy, importance, and probative value of the source. The undemocratic and illiberal nature of many international institutions makes it unlikely that the United States Federal or State legal systems will cede final control over such questions to non-U.S. or multinational authorities at any time in the near future.
Near-Quadratic Lower Bounds for Two-Pass Graph Streaming Algorithms

We prove that any two-pass graph streaming algorithm for the $s-t$ reachability problem in $n$ -vertex directed graphs requires near-quadratic space of $n^{2-o(1)}$ bits. As a corollary, we also obtain near-quadratic space lower bounds for several other fundamental problems including maximum bipartite matching and (approximate) shortest path in undirected graphs. Our results collectively imply that a wide range of graph problems admit essentially no non-trivial streaming algorithm even when two passes over the input is allowed. Prior to our work, such impossibility results were only known for single-pass streaming algorithms, and the best two-pass lower bounds only ruled out $o(n^{7/6})$ space algorithms, leaving open a large gap between (trivial) upper bounds and lower bounds.
Clinical and Metabolic Correlates of Pure Stone Subtypes.

Background: There are multiple stone types, with each forming under different urinary conditions. We compared clinical and metabolic findings in pure stone formers (SFs) to understand whether there...