cssi/SciSciGPT-SciSciNet huggingface dataset:
Passivity-Based Distributed Acquisition and Station-Keeping Control of a Satellite Constellation in Areostationary Orbit

We present a distributed control law to assemble a cluster of satellites into an equally-spaced, planar constellation in a desired circular orbit about a planet. We assume each satellite only uses local information, transmitted through communication links with neighboring satellites. The same control law is used to maintain relative angular positions in the presence of disturbance forces. The stability of the constellation in the desired orbit is proved using a compositional approach. We first show the existence and uniqueness of an equilibrium of the interconnected system. We then certify each satellite and communication link is equilibrium-independent passive with respective storage functions. By leveraging the skew symmetric coupling structure of the constellation and the equilibrium-independent passivity property of each subsystem, we show that the equilibrium of the interconnected system is stable with a Lyapunov function composed of the individual subsystem storage functions. We further prove that the angular velocity of each satellite converges to the desired value necessary to maintain circular, areostationary orbit. Finally, we present simulation results to demonstrate the efficacy of the proposed control law in acquisition and station-keeping of an equally-spaced satellite constellation in areostationary orbit despite the presence of unmodeled disturbance forces.
More Than What Courts Do: Jurisprudence, Decision, and Dignity—In Brief Encounters and Global Affairs

The same, perhaps, may be said of jurisprudence. If so, then, like Spinoza, W. Michael Reisman, this conference’s honoree, falls clearly into the latter category. His jurisprudence informs his work and his life—as a scholar, teacher, practitioner, friend, and public citizen. Having been privileged to know or work with him in most of these capacities, I have often been struck by how the methods and injunctions of the New Haven School shape his personal, no less than professional, character traits. He exhibits an acute sensitivity to context, cultivates a studied habit of disengaging from biases, and always reflects on arguments before replying: he
Judicial Policy Nullification of the Antitrust Sentencing Guideline

The Federal Sentencing Guidelines provide for special treatment of hard-core cartel activity to ensure that penalties for antitrust crimes effectively deter and punish criminals. The U.S. Supreme Court’s transformational sentencing cases, however, have returned significant discretion to sentencing judges, including the discretion to vary from the Guidelines on policy grounds. Yet, judicial discretion in sentencing is not unlimited. Judges are required by statute to impose sentences that are “sufficient, but not greater than necessary” to achieve the goals of sentencing, subject to appellate review for reasonableness. This Note analyzes whether there is a sustainable basis for judicial policy disagreement with the Antitrust Guideline’s use of a proxy to measure economic harm. It proposes that appeals courts apply a sliding scale framework when reviewing policy-based variances, and argues that judicial discretion may, in some instances, promote the goals of white-collar sentencing, including moral condemnation. Finally, this Note concludes that judicial discretion to vary from the Antitrust Guideline’s harm proxy, appropriately cabined by appellate review, would not undermine antitrust sentencing policy.
Labor Law and Industrial Peace: A Comparative Analysis of the United States, the United Kingdom, Germany, and Japan under the Bargaining Model

In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on the number of days lost per thousand organized workers for each of the examined countries. Dau-Schmidt finds that countries, such as Germany and Japan, that encourage the sharing of information between employers and employees and effectively prohibit certain strategic behaviors by the parties, enjoy the most success in promoting industrial peace. In contrast, like United Kingdom, which has historically left collective bargaining unregulated even to the point of not enforcing voluntary agreements to arbitrate, suffers by far the worst record of encouraging industrial peace. Somewhere in between those two extremes lies the United States with requirements for limited exchanges of information and less effective prohibitions on strategic behavior, and intermediate success in encouraging industrial peace.
Natural selection. I. Variable environments and uncertain returns on investment.

Many studies have analysed how variability in reproductive success affects fitness. However, each study tends to focus on a particular problem, leaving unclear the overall structure of variability in populations. This fractured conceptual framework often causes particular applications to be incomplete or improperly analysed. In this article, I present a concise introduction to the two key aspects of the theory. First, all measures of fitness ultimately arise from the relative comparison of the reproductive success of individuals or genotypes with the average reproductive success in the population. That relative measure creates a diminishing relation between reproductive success and fitness. Diminishing returns reduce fitness in proportion to variability in reproductive success. The relative measurement of success also induces a frequency dependence that favours rare types. Second, variability in populations has a hierarchical structure. Variable success in different traits of an individual affects that individual's variation in reproduction. Correlation between different individuals’ reproduction affects variation in the aggregate success of particular alleles across the population. One must consider the hierarchical structure of variability in relation to different consequences of temporal, spatial and developmental variability. Although a complete analysis of variability has many separate parts, this simple framework allows one to see the structure of the whole and to place particular problems in their proper relation to the general theory. The biological understanding of relative success and the hierarchical structure of variability in populations may also contribute to a deeper economic theory of returns under uncertainty.
S5 solution to the red hat puzzle

I argue that the solution to the Red Hat Problem, a puzzle derived from interactive epistemic logic, requires S5. Interactive epis- temic logic is set out in formal terms, and an attempt to solve the red hat puzzle is made in Kτσ, Kρτ, and Kρσ, each of which fails, showing that a stronger system, Kτσρ is required.
Online sales, Internet use, file sharing, and the decline of retail music specialty stores

Abstract This paper uses phonebook records of music retailers in the United States for the years 1998 and 2002 to examine how Internet use, file sharing, and online sales of records have affected the entry and exit of brick and mortar music specialty retailers. By merging music store information with data on Internet activity and broadband connectedness at the metropolitan statistical area (MSA) level, with the number of broadband providers at the zip code level, and with a database of the location of universities, I analyze how online purchases, broadband, and Internet use affected the survival probability and the change in the number of music stores between 1998 and 2002. I further study whether the number of employees and chain membership affected the survival probability. I find that broadband connectedness increased the death rate of brick and mortar music stores and reduced their number. I also find that the presence of a university led to a reduction in the number of music specialty stores in the zip code.
Sovereign Wealth Fund Liability: Private Investors Left Out in the Cold

Sovereign wealth funds have exploded in numbers, assets and clout in recent years. This accession has sparked a debate as to the political and economic status of these funds. However, this attention has not focused on sovereign wealth funds' liabilities. Specifically, there exist a myriad of issues surrounding recovery.In the United States hedge funds, corporations, and other major players have contractually agreed on liability issues. Individuals, however, do not have the same protections and face hurdles damaging recovery chances. Both public and international safeguards seem adequate and point towards arbitration.This paper argues, therefore, that the United States should adopt an approach to protect investors' rights and confidence in the market. Specifically, the United States should amend the Foreign Sovereign Immunities Act to address recovery problems.
A Theory of Dual Job Search and Sex-Based Occupational Clustering

This paper theorizes and provides evidence for the segregation of men into clustered occupations and women into dispersed occupations in advance of marriage and in anticipation of future colocation problems. Using the Decennial Census, and controlling for occupational characteristics, I find evidence of this general pattern of segregation, and also find that the minority of the highly educated men and women who depart from this equilibrium experience delayed marriage, higher divorce, and lower earnings. Results are consistent with the theory that marriage and mobility expectations foment a self-fulfilling pattern of occupational segregation with individual departures deterred by earnings and marriage penalties
Market valuation and deregulation of electric utilities

Abstract This study examines the effect of ongoing deregulation in the electric utility industry on the relation between market value, book value, and earnings. We predict that deregulation decreases (increases) the relative importance of book value (earnings) in explaining price. We test this prediction by examining changes in the value relevance of book value and earnings during the 1988–1996 time period for a sample of large, investor-owned electric utilities. We find that the regression coefficients and incremental explanatory power related to book value (earnings) have decreased (increased) over this time period. These results are generally robust in sensitivity analysis.
Market proxies as factors in linear asset pricing models: Still living with the roll critique☆

Abstract A new model misspecification measure for linear asset pricing models is proposed for the case where misspecification maps to latency of one of the pricing factors; in this case, the market return. This measure is suited both for testing models that include the market return as a pricing factor in a traditional sense (i.e., whether the chosen model does or does not price a collection of risky assets) and ranking those models (i.e., determining which model performs best). The proposed measure is used in pricing portfolios reflecting the size, value, and momentum premia. The conditional CAPM of Jagannathan and Wang (1996) is found to best the performance of both the simple CAPM and the ICAPM of Petkova (2006). Moreover, it is discovered that winner stocks in a momentum portfolio may have higher market betas than loser stocks.
Sleight of Hand or the Old Bait & Switch?: Article III and the Politics of Self-Policing by the Court in Parents Involved

This symposium essay discusses how the Court oversteps the spirit of the constitutionally designed division of roles among the three branches. It focuses on Parents Involved in Community Schools v. Seattle School District No. 1, examining the Court's choices to ignore, reinterpret, or mutilate its own precedents to come to its holding in the case. It revisits the implications of Cooper v. Aaron for the extent of the Court's authority. The range of education law cases are instructive in this discussion of the Court's counter-majoritarian activity in this area. Bush v. Gore frames the discussion as it most recently defines the Court's stance on its own authority.
Firm diversification and asymmetric information: evidence from analysts’ forecasts and earnings announcements☆

Abstract Managers frequently cite the desire to mitigate asymmetric information as a motivation for increasing firm focus. The information benefits of focus appear relevant for the subset of firms that actually increase their focus; however, the relevance of focus-related information benefits for the population of diversified firms is an open question. This paper examines the relation between corporate diversification and asymmetric information proxies derived from analysts’ forecasts and abnormal returns associated with earnings announcements. I find that greater diversification is not associated with increased asymmetric information. These results call into question the notion that corporate diversification strictly exacerbates information problems.
On the timing and pricing of dividends

A central question in economics is how to discount future cash flows to obtain today's value of an asset. For instance, total wealth is the price of a claim to all future consumption (Lucas 1978). Similarly, the value of the aggregate stock market equals the sum of discounted future dividend payments (Gordon 1962). The major ity of the equity market literature has focused on the dynamics of the value of the aggregate stock market. However, in addition to studying the value of the sum of discounted dividends, exploring the properties of the individual terms in the sum, also called dividend strips, provides us with a lot of information about the way stock prices are formed. Analogous to zero-coupon bonds, which contain information about discount rates at different horizons for fixed income securities, having infor mation on dividend strips informs us about discount rates of risky cash flows at dif ferent horizons. Studying dividend strips can therefore improve our understanding of investors' risk preferences and the endowment or technology process in macro finance models. This paper is the first to empirically measure the prices of dividend strips to study the term structure of the equity premium. Our approach requires only no-arbitrage relations and does not rely on a specific model. We shed new light on the composition of the equity risk premium. The equity premium puzzle, identified by Mehra and Prescott (1985), Hansen and Singleton (1982), and Hansen and Singleton (1983), states that, for plausible values of the risk aversion coefficient, the difference in the expected rate of return on the stock market and the riskless rate of interest is too large, given the observed small variance in the growth rate in per capita consumption. When decomposing the index into dividend strips, a natural question that arises is whether dividends at different horizons contrib ute equally to the equity risk premium or whether either short- or long-term dividends contribute proportionally more than the other. We find that short-term dividends have
Causes of asset shortages in emerging markets

Abstract We first illustrate that emerging markets (EMs) face a shortage of financial assets, with financial assets not growing as rapidly as domestic savings. An estimation to quantify the asset shortage in EMs for 1995–2008 is then undertaken. A theoretical model is developed to explain why asset shortages occur. We then econometrically estimate the causes of asset shortages, and conclude with policy implications.
Teaching the economic way of thinking through Op-eds

Abstract There are many goals an instructor may wish to accomplish in a course on economic principles. For us one goal should be the education of a generation of sensible and active members of civil society. This is an ambitious goal: it requires that students internalize the economic way of thinking and learn to exercise active citizenry. After experimenting with a variety of methods, we have concluded that requiring students to write an op-ed is the most conducive to the development of the economic way of thinking. Here we share what we have learned in the process, hoping that the pedagogical capability of writing an op-ed will encourage others to adopt the assignment into their classrooms.
Public choice and tort reform

The common law originally was thought to be immune to rent seeking. More recently, scholars have recognized that attorneys are engaged in exactly that activity. Rent seeking by the legal profession has greatly expanded the scope of US tort law, and generated efforts to reverse its expansion. Organized groups (attorneys, businesses and doctors) are active on both sides of the issue and the partisans have numerous tools available for advancing their agendas, such as litigating, lobbying for favorable rules and attempting to elect sympathetic legislators and judges. All of this creates an ideal setting for public choice analysis.
A Catalog of Color-based Redshift Estimates for Z <~ 4 Galaxies in the Hubble Deep Field

We derive simple empirical color-redshift relations for z 4 galaxies in the Hubble Deep Field (HDF) using a linear function of three photometric colors (U-B, B-V, V-I). The dispersion between the estimated redshifts and the spectroscopically observed ones is small for relations derived in several separate color regimes; the dispersions range from σz 0.03 to 0.1 for z 2 galaxies, and from σz 0.14 to 0.25 for z 2 galaxies. We apply the color-redshift relations to the HDF photometric catalog and obtain estimated redshifts that are consistent with those derived from spectral template fitting methods. The advantage of these color-redshift relations is that they are simple and easy to use and do not depend on the assumption of any particular spectral templates; they provide model independent redshift estimates for z 4 galaxies using only multiband photometry, and they apply to about 90% of all galaxies. We provide a color-based estimated redshift catalog of HDF galaxies to z 4. We use the estimated redshifts to investigate the redshift distribution of galaxies in the HDF; we find peaks in the redshift distribution that suggest large-scale clustering of galaxies to at least z ~ 1 and that are consistent with those identified in spectroscopic probes of the HDF.
The aftermath of destruction: Images of destroyed buildings increase support for war, dogmatism, and death thought accessibility

Abstract Building on terror management theory, we hypothesized that viewing destroyed buildings would increase death thought accessibility and thereby elicit dogmatic belief and hostile worldview defenses. In Study 1, images of destroyed buildings and deadly terrorist attacks elicited greater death-thought accessibility than images of construction sites or intact buildings. Images of destruction also enhanced dogmatic belief (Study 2) and support for military action against Iran (Study 3). Study 4 found that heightened death thought accessibility, but not the accessibility of thoughts of war or national identity, statistically mediated the relationship between visible destruction and worldview defense. Further, although destruction images increased dogmatism, political orientation was not affected by the destruction manipulation nor was political orientation related to death-thought accessibility. Overall, these findings suggest that visibly destroyed infrastructure can motivate increased certainty of beliefs and support for military aggression (e.g., war and/or terrorism) against groups perceived to be threatening to one's worldview.
The continuing search for proper perspective: whose reasonableness should be at issue in a prescription product design defect analysis?

This Article is based on a presentation given at Seton Hall University School of Law's Seventh Annual Health Law Symposium on February 12, 1999. Language: en
Modeling dispositional and initial learned trust in automated vehicles with predictability and explainability

Abstract Technological advances in the automotive industry are bringing automated driving closer to road use. However, one of the most important factors affecting public acceptance of automated vehicles (AVs) is the public’s trust in AVs. Many factors can influence people’s trust, including perception of risks and benefits, feelings, and knowledge of AVs. This study aims to use these factors to predict people’s dispositional and initial learned trust in AVs using a survey study conducted with 1175 participants. For each participant, 23 features were extracted from the survey questions to capture his/her knowledge, perception, experience, behavioral assessment, and feelings about AVs. These features were then used as input to train an eXtreme Gradient Boosting (XGBoost) model to predict trust in AVs. With the help of SHapley Additive exPlanations (SHAP), we were able to interpret the trust predictions of XGBoost to further improve the explainability of the XGBoost model. Compared to traditional regression models and black-box machine learning models, our findings show that this approach was powerful in providing a high level of explainability and predictability of trust in AVs, simultaneously.
Avoiding Bias in Publication Bias Research: The Value of “Null” Findings

Meta-analytic reviews are an important tool for advancing science and guiding evidence-based practice. Publication bias is one of the greatest threats to meta-analytic reviews. This paper assesses the degree of publication bias in four previously published meta-analytic datasets from various fields of study in the organizational sciences. Of these datasets, one appears to be relatively unaffected by publication bias while the others seem to be noticeably influenced by this bias. Our “null” result (i.e., a prior meta-analytic estimate is unlikely to have been affected by publication bias) increases our confidence in the accuracy of our cumulative knowledge. Yet, our other findings suggest the presence of publication bias and point to the need for caution and further research.
Joint and Marginal Diagnostic Tests for Conditional Mean and Variance Specifications

This article proposes a general class of joint and marginal diagnostic tests for parametric conditional mean and variance models of possibly nonlinear non-Markovian time series sequences. The use of joint and marginal tests is motivated from the fact that marginal tests for the conditional variance may lead misleading conclusions when the conditional mean is misspecified. The new tests are based on a generalized spectral approach and, contrary to existing procedures, they do not need to choose a lag order depending on the sample size or to smooth the data. Moreover, the proposed tests are robust to higher order dependence of unknown form, in particular to conditional skewness and kurtosis. It turns out that the asymptotic null distributions of the new tests depend on the data generating process, so a new bootstrap procedure is proposed and theoretically justified. A simulation study compares the finite sample performance of the proposed and competing tests and shows that our tests can play a valuable role in time series modeling. Finally, an application to the S&P 500 highlights the merits of our approach.
Partisanship and the effectiveness of oversight

Abstract We examine the welfare effects of partisanship in a model of checks and balances. An executive makes a policy proposal and an overseer then decides whether or not to veto the executive's proposal. Both the executive and the overseer have private information as to the correct policy to pursue, and both are motivated by the desire to appear competent. A partisan overseer is one who, in addition to seeking to promote her own reputation, cares how her decision will impact the executive's reputation. Our main result is that partisanship can improve the efficacy of an oversight regime, as the distortions caused by a partisan overseer's desire to affect the executive's reputation can offset the distortions caused by her desire to enhance her own. Our results provide a new rationale for divided government, as partisan considerations are often necessary to prevent the overseer from rubber stamping all executive proposals.
International Criminal Courts and Fair Trials: Difficulties and Prospects

Can international criminal courts provide defendants with fair trials? The question can be approached in at least two ways. First, are the substantive rights accorded to the accused by the tribunals' statutes, rules of procedure and evidence, and case law adequate? Second, regardless of the sufficiency of the paper rights accorded the accused, do these international courts have the independence and coercive powers necessary to ensure fair trials? For example, can these courts make certain that the accused is able to obtain the evidence and witnesses necessary for a serious defense? Or do the courts' judges have the independence necessary to withstand political pressure from the states on which their courts depend? In other words, despite the good intentions of the architects of these statutes, and the rights they formalistically contain, might these courts still lack certain essential capacities that criminal courts require in order to fulfill their functions? It is on this second, crucial, but often overlooked, aspect of the fair trial problem that this article focuses. A review of tribunal case law and past practice indicates that international criminal tribunals, as presently constituted, are limited in their ability to provide defendants with fair trials, even if the statutory rights accorded the accused and the positive pronouncements made by these courts are consonant with fair trial standards, because the courts lack the prerequisite power, or its functional equivalent, to make those substantive rights real. In short, the disjunction between authority and control, common to international institutions, is too great to allow for consistently fair criminal adjudication. Whether the structural limitations on the tribunals are fatal, or whether their detrimental effects can be abated, remains to be seen.
The Cost of Compromise and the Covenant with Death

This article is a rebuttal to the writings of those advocating the view that America was formed through compromise and that compromise in modern constitutional law is, therefore, necessary and beneficial. A recount of the “compromises” at the Constitutional Conventional that eventually led to the approval and protection of slavery begins the analysis establishing the danger of Americans compromising over constitutional protections. The article continues on, discussing the Compromise of 1850 and its drafters whom others have considered “passionately devoted to the Union”, like John Calhoun, who would later assert that the Constitution was expendable. The Compromise of 1850 did little more than to bolster pro-slavery forces into the Kansas-Nebraska Act and the Dredd Scott decision. From here, the article provides an in depth analysis of the Compromise of 1850 and the aftermath of the Fugitive Slave Law, and the spread of slavery into every new territory. In the history of United States Constitutional law, compromise is not always compromise at all. Instead, the appeasements linger and fester, merely allowing the same problems to grow to larger scales. In the context of slavery, the appeasements were only corrected with the Civil War, leaving one to wonder about the value of compromise.
Disclosure, Agents, and Consumer Protection

Consumers make mistakes, and sophisticated market actors exploit those mistakes. Efforts to promote consumer protection through soft paternalistic interventions, most notably improved disclosure regimes, run into the problem that consumers are overwhelmed by information and may not to invest the time and effort necessary to take advantage of more information. This paper reviews recent attempts to protect consumers without recourse to command-and-control regulation. Instead of further overwhelming consumers with information, this paper proposes that efforts to aid beleaguered consumers should take the form of facilitating a market for intermediaries where independent agents or competitive firms have incentives to assist consumer protection.
The International Sugar Trade and Sustainable Development: Curtailing the Sugar Rush

This Article will examine the international sugar trade industry and the implementation of sustainable development practices to improve labor standards, establish fair trade, and enhance energy efficiency, as well as explore the impetus for corporate social responsibility. The international sugar trade is a colossal industry that has been operating for centuries. Sugar as a commodity is a major player in the agricultural sector, and the price of sugar impacts international markets from Europe to Asia and down into Latin America.If the international sugar trade industry were to alter its farming, labor, and business practices, tremendous improvement of social, economic, and environmental conditions would be possible. Despite the volatility of the price of sugar, innovation in agricultural and corporate techniques in the international sugar trade would serve as the launching pad for new and sustainable development practices.
PRIVATE SAVINGS IN TRANSITION ECONOMIES: ARE THERE TERMS OF TRADE SHOCKS?

Economic agents in the transition economies are subject to tight credit constraints, which are more pronounced during bad state of nature. Thus, adverse shocks to commodity prices in the world market can force them to reduce savings by a larger amount than they would otherwise have. Empirical analysis using a dynamic panel model and data from 21 transition economies confirm that most of the determinants of savings identified in the literature also apply to the transition economies. The transitory component in the terms of trade have a larger positive impact than the permanent component. This reflects the lack of access to foreign borrowing. Although the impact of terms of trade shocks is found to be asymmetric, the magnitude of the impact appears to be small. The results are robust for alternative estimators, determinants and country groupings.
The impact of non-parental child care on child development: Evidence from the summer participation "dip"☆

Abstract Although a large literature examines the effect of non-parental child care on preschool-aged children's cognitive development, few studies deal convincingly with the potential endogeneity of child care choices. Using a panel of infants and toddlers from the Birth cohort of the Early Childhood Longitudinal Study (ECLS-B), this paper attempts to provide causal estimates by leveraging heretofore unrecognized seasonal variation in child care participation. Child assessments in the ECLS-B were conducted on a rolling basis throughout the year, and I use the participation “dip” among those assessed during the summer as the basis for an instrumental variable. The summer participation dip is likely to be exogenous because ECLS-B administrators strictly controlled the mechanism by which children were assigned to assessment dates. The OLS results show that children utilizing non-parental arrangements score higher on tests of cognitive ability, a finding that holds after accounting for individual fixed effects. However, the instrumental variables estimates point to sizeable negative effects of non-parental care. The adverse effects are driven by participation in formal settings, and, contrary to previous research, I find that disadvantaged children do not benefit from exposure to non-parental care.
When “Testing the Waters” Tests the Limits of Coordination Restrictions: Revising FEC Regulations to Limit Pre-Candidacy Coordination

During the preliminary stages of the 2016 presidential election, many prospective candidates took an active role in the Super PACs that would eventually support them after they became candidates. The regulatory system in place provides clear restrictions on Super PACs’ abilities to coordinate with candidates; however, what is less clear is whether such regulations restrict the behavior of individuals during pre-candidacy, known under Federal Election Commission (FEC) regulations as the “testing-the-waters” phase. This Note gives an overview of the laws and regulations governing Super PACs, as well as the regulations and FEC guidance concerning when an individual becomes a candidate. This Note then examines the lawfulness of noncandidate coordination with Super PACs through an analysis of FEC Advisory Opinion 2015-09. Lastly, this Note advocates for further regulation and proposes several new regulations that should be adopted by the FEC to restrict this type of precandidacy conduct.
ALJ Final Orders on Appeal: Balancing Independence with Accountability

Procedure, Florida State University College of Law. 425 W. Jefferson Street, Tallahassee, FL 32306. 850/644-8308 | jrossi@law.fsu.edu. Thanks to participants in the National Association of Administrative Law Judges 1999 Annual Meeting in Asheville, North Carolina, where I presented a version of this paper. Thanks also to Steven Bank, Scott Boyd, and Natalie Futch for their comments on a previous draft.
Anonymity, the Production of Goods, and Institutional Design

In this Article, I demonstrate that anonymity has been misconceived as an aspect of privacy, and that understanding this mistake reveals a powerful and underutilized set of legal tools for facilitating and controlling the production of information and other social “goods” (ranging from uncorrupted votes and campaign donations to tissue samples and funding for biomedical research). There are three core components to this analysis. First, I offer a taxonomic analysis of existing law, revealing that in areas ranging from contract and copyright to criminal law and constitutional law, the production of information and other goods is being targeted by three types of anonymity rules—rules that make anonymity and non-anonymity into rights, conditions of exercising rights, and most surprisingly, triggers that extinguish rights. Second, I propose a theory that makes sense of our law’s uses of these rules, identifying a cohesive set of functions that they perform across three phases in the production of a good: its creation, evaluation, and allocation. Third, I use my taxonomic and theoretical analysis to develop generally applicable lessons for the design of law and policy. Applying these lessons to a set of difficult and pressing questions concerning the production of specific biomedical and democratic goods, I demonstrate that they reveal innovative solutions that balance a wide variety of important and conflicting interests and concerns.
An interactive 3D visualization tool for large scale data sets for quantitative atom probe tomography

Several visualization schemes have been developed for imaging materials at the atomic level through atom probe tomography. The main shortcoming of these tools is their inability to parallel process data using multi-core computing units to tackle the problem of larger data sets. This critically handicaps the ability to make a quantitative interpretation of spatial correlations in chemical composition, since a significant amount of the data is missed during subsequent analysis. In addition, since these visualization tools are not open-source software there is always a problem with developing a common language for the interpretation of data. In this contribution we present results of our work on using an open-source advanced interactive visualization software tool, which overcomes the difficulty of visualizing larger data sets by supporting parallel rendering on a graphical user interface or script user interface and permits quantitative analysis of atom probe tomography data in real time. This advancement allows materials scientists a codesign approach to making, measuring and modeling new and nanostructured materials by providing a direct feedback to the fabrication and designing of samples in real time.
Bankruptcy and product-market competition: Evidence from the airline industry

We investigate the effects of Chapter 11 bankruptcy filings on product market competition using data from the US airline industry. We find: i) bankrupt airlines permanently downsize their national route structure, their airport-specific networks, and their route-specific flight frequency and capacity; ii) bankrupt airlines lower their route-specific prices while under bankruptcy protection, and increase them after emerging. We do not find robust evidence of significant changes by the bankrupt airline's competitors along any of the dimensions above.
Should Consumers be Permitted to Waive Products Liability? Product Safety, Private Contracts, and Adverse Selection

A potentially dangerous product is supplied by a competitive market. The likelihood of a product-related accident depends on the unobservable precautions taken by the manufacturer and on the type of the consumer. Contracts include the price to be paid by the consumer ex ante and stipulated damages to be paid by the manufacturer ex post in the event of an accident. Although the stipulated damage payments are a potential solution to the moral hazard problem, firms have a private incentive to reduce the stipulated damages (and simultaneously lower the up front price) in order to attract the safer consumers who are less costly to serve. The competitive equilibrium–if an equilibrium exists at all–features suboptimally low stipulated damages and correspondingly suboptimal levels of product safety. Imposing tort liability on manufacturers for uncovered accident losses–and prohibiting private parties from waiving that liability– can improve social welfare.
Retail and wholesale gasoline price adjustments in response to oil price changes

Abstract This research examines the long-run relationship between the spot oil price and retail and wholesale gasoline prices. Recent research suggests that the response of the retail gasoline price is faster and the size of the change is larger, in magnitude, following a crude oil price increase compared with periods when the crude oil price is falling; however, some recent papers examining potential asymmetries present mixed results. Our results from a common threshold model estimating the adjustment of gasoline prices and the spot oil price suggest a long-run relationship between retail and wholesale gasoline prices and the crude oil price. Further, results here suggest that both retail and wholesale gasoline prices respond symmetrically to an oil price shock in the long run, indicating little market power by gas stations and wholesalers.
Is the Quest for Corporate Responsibility a Wild Goose Chase? The Story of Lovenheim v. Iroquois Brands, Ltd.

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the corporation discontinue its distribution of one product, pâte de foie gras, because he objected to the treatment of the geese necessary to the production of the product. Under federal regulations, Iroquois was required to include such proposals in the proxy materials it sent out in advance of its annual shareholder meeting unless an exception applied. Iroquois Brands thought it could exclude the proposal because the product in question constituted a trivial part of its business. Lovenheim went to the District Court seeking an order requiring Iroquois Brands to distribute his proposal, and the District Court granted Lovenheim the relief he sought. In teaching the case in my Business Associations course, I have often wondered how Peter Lovenheim came to make his proposal and whether such whether such proposals relating to social or ethical issues (social proposals) are a proper use of the shareholder proposal mechanism. The District Court recognized an extremely broad right of shareholders to bring social proposals. The decision to do so makes more sense when the case is situated in its various historical contexts, including the history of the governing regulations and the case law that informed the District Court’s opinion. The story of Lovenheim contains its share of surprises. First, Lovenheim was, in many ways, the ideal shareholder proponent. He bought Iroquois stock as an investment, but he also had certain ideas about the nature of the company. He believed in the company, and he did not think that distributing pâte de foie gras was consistent with his idea of the company. He was confident that other shareholders would feel the same way. Second, although Lovenheim’s proposal ultimately did not succeed with Iroquois’ shareholders, the company did discontinue the product. Lovenheim thus considered his proposal a success, and for several years after the case was decided, he ∗ Professor, Valparaiso University School of Law. The Author is grateful to Peter Lovenheim and Ralph Halpern, for their willingness to help me reconstruct the background to this case, and also to my colleague, Rebecca Huss, who helped me to situate the case in two of its important contexts, the history of animal law and the corporate response to shareholder proposals.
Race, Compensation and Contract Length in the NBA: 2001–2002*

We study race and pay in the NBA for 2001–2002. For players who were neither free agents nor on rookie scale contracts, there were large, statistically significant ceteris paribus nonwhite shortfalls in salary, total compensation, and contract duration. But for players under the rookie salary scale (first-round draft picks) and free agents, race effects were small and insignificant. These results suggest discrimination against marginal nonwhite players.
Intended Parents and the Problem of Perspective

When asked to identify the legal parents of a child, traditional family law principles look backwards in time, primarily to biology and to marriage. People using assisted reproductive technologies such as surrogacy, however, seek to manifest their intent to become parents with a forwardlooking temporal perspective, before a child is conceived and born. This mismatch leaves a parentage void for children of assisted reproductive technologies that should be filled through the use of prebirth parentage orders recognizing intended parents as legal parents-to-be. Intent will not only ameliorate specific problems for such children, but also deepen normative values of parenting such as planning for parenthood, and minimize irrelevant characteristics such as gender. INTRODUCTION 211 I. THE IMPORTANCE AND GOALS OF LEGAL PARENTAGE ........ 213 A. Benefits of Legal Parentage by Statutory Definition .... ...... 213 B. Goals of Defining Parentage 217 II. EXISTING PARENTAGE REGIMES ........ 222 A. Marital Presumption 223 B. Biology 224 C. Functionalism . 226 D. Intent ...... 227 III. TIME, INTENT, AND HARD CASES ...... 230 A. Pregnancy 231 1. Dividing Pregnancy and Parentage: Assisted Reproductive Technologies ....... 231 2. Pregnancy, Parentage, and Time 234 t Visiting Assistant Professor, University of Illinois College of Law. Yale Law School, J.D. 2008; University of Cambridge, M.Phil. 2005; University of Southern California, B.A. 2003. 1 am grateful for the comments from and discussions with: Dennis E. Curtis, Daniel W. Hamilton, Dawn Johnsen, Dan Markel, Jerry L. Mashaw, Claire Priest, Arden Rowell, Jed Rubenfeld, Jane Rutherford, Naomi Schoenbaum, Ryan W. Scott, Nicola Sharpe, Deborah Widiss, and Susan Williams. Thanks also to participants in the Big Ten Untenured conference, Emerging Family Law Scholars conference, University of Illinois Faculty Roundtable, and Midwest Family Law Consortium for helpful comments and questions. An earlier version of this paper was presented at the Canadian Law and Economics Association 2012 annual conference. Finally, thanks to M. Laura Torre and Marbre Stahly-Butts for incisive and dedicated editing. Copyright C 2012 by the Yale Journal of Law and Feminism Intended Parents and the Problem of Perspective B. Gender 239 1. Fathers and Time 240 2. Constitutional Dimensions 241 IV. PREBIRTH PARENTAGE ORDERS 244 A. Mechanism 245 B. Legal Effect 248 C. Benefits and Objections 249 D. Implications 251 CONCLUSION. 252
Is the It Revolution Over? An Asset Pricing View

Abstract I develop a method that structures financial market data to forecast economic outcomes. I use it to study the IT sector’s transition to its long-run share in the US economy. The method uses a model which links economy-wide growth with IT’s market valuation to match transition data on macroeconomic quantities, the sector’s life cycle patterns, and, importantly, market valuation ratios. My central estimates indicate that the revolution ends between 2028 and 2034 and that future average labor productivity growth will fall to 1.7 percent from the 2.7 recorded over 1974–2015. I show empirically the IT sector’s price-dividend ratio univariately explains over half of the variation in future productivity growth.
The Impact of Cultural Differences on the Convergence of International Accounting Codes of Ethics

The International Federation of Accountants (IFAC) has issued a revised “Code of Ethics for Professional Accountants” (IFAC Code). The IFAC Code is intended to be a model code of ethics for national accounting organizations throughout the world. Prior research demonstrates that approximately 50% of IFAC member organizations have adopted the IFAC Code as their organizational code of conduct. There is therefore empirical evidence that international convergence of accounting ethical standards is occurring. We employ Hofstede’s (2008, http://www.geert-hofstede.com/hofstede_dimensions.php) cultural dimensions in an attempt to empirically explain accounting organizations’ decisions about whether to adopt the IFAC Code or to retain their organization-specific code. Our results indicate that accounting organizations in cultures with high levels of Individualism and Uncertainty Avoidance are less likely to adopt the model IFAC Code. Organizations in high Individualism and Uncertainty Avoidance societies are therefore less likely to surrender the setting of ethical standards to an outside, international organization.
Bankruptcy and the Future of Aggregate Litigation: The Past as Prologue?

Follow this and additional works at: http://lsr.nellco.org/nyu_plltwp Part of the Administrative Law Commons, Bankruptcy Law Commons, Civil Procedure Commons, Commercial Law Commons, Corporation and Enterprise Law Commons, Courts Commons, Dispute Resolution and Arbitration Commons, Ethics and Professional Responsibility Commons, Judges Commons, Jurisdiction Commons, Law and Society Commons, Legal History, Theory and Process Commons, Legal Profession Commons, Legislation Commons, Litigation Commons, Politics Commons, and the Public Law and Legal Theory Commons