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  • 2005-2009  (13,698)
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  • 2006  (13,698)
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  • 101
    Electronic Resource
    Electronic Resource
    The Economic Theory of Price Discrimination via Transactions Bundling: An Assessment of the Policy Implications (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 2, art5 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: This paper discusses specific cases in financial regulation, competition law and legal rules in procurement, in light of the economic concept of the efficiency of mixed bundling as derived in our theoretical models. We assess the appropriateness of the existing rules, and also discuss whether there is a need to reform specific legal or regulatory rules in light of the efficiency discussion. We examine the U.S. legal and regulatory framework in government procurement, the offsets case, and finally we look into financial regulation in the case of bundled brokerage and soft commission arrangements on both sides of the Atlantic. The novelty of our models is that we analyze transactions mixed bundling in the cases of monopoly, monopsony and exchange. Additionally, for the cases of monopsony and exchange we consider goods of varying degrees of quality certainty. The common result is the local optimality of the bundling of transactions in terms of expected profits for the price-setting firm, and an overall increase in the level of trade in the goods bundled. In the real-life cases examined, we found that in most instances the authorities have decided that if the practice of pure bundling is present, to replace it with mixed bundling, rather than ban bundling altogether. This practice is correct, as according to our models mixed bundling is efficiency-enhancing (both in profits and in trade volumes). On the other hand, the policy implications derived from our models based on the presence of quality uncertainty suggest that allowing the bundling of dissimilar tasks is beneficial rather than damaging to trade, especially if the goods bundled are of diverse degrees of quality certainty. This is at odds with the current legal and regulation approach to bundling practices.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss2/art5
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  • 102
    Electronic Resource
    Electronic Resource
    The Establishment of Constitutional Courts: A Study of 128 Democratic Constitutions (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 1, art6 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: The judicial review of legislation can be configured in any of a number of ways. In particular this task may be concentrated in a constitutional court, or diffused among ordinary judges. Recent studies have shown that the design of judicial institutions can have important legal, social, and economic consequences for a given polity. Scholars have dwelled on the reasons that lead political actors to the choice of one model of judicial review over another, but there has been little empirical study on this choice. Here, several hypotheses as to the circumstances that lead to the establishment of constitutional courts are tested on the basis of a data set of 128 democratic constitutions. I find that the degree of political uncertainty facing politicians is an important predictor of whether or not a constitutional court will be established.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss1/art6
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  • 103
    Electronic Resource
    Electronic Resource
    The Conspirator Dilemma: Introducing the "Trojan Horse" Enforcement Strategy (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 1, art2 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: The Trojan Horse enforcement mechanism turns law-breakers into law-enforcers by entrusting them with the right to file a private suit and to collect a fine from their accomplices. Unlike leniency or state witness programs, the Trojan Horse mechanism is not dependent on an effective public enforcement agency operating in the background. It positions conspirators in a prisoner dilemma at the very first stage of their conspiracy, long before public enforcers are on their tails, thus enabling the state to decriminalize certain conspiracies. As shown in this paper, the Trojan Horse mechanism has a (comparative) advantage in asymmetric settings, such as in the employment of illegal immigrants. Whereas fines and other criminal sanctions hardly deter empty-pocket lawbreakers such as illegal immigrants, the carrot this mechanism waves might lure illegal immigrants into suing their employers and leaving the country with a prize in their pockets. Thus, it provides a more humane enforcement mechanism than the prevailing ones, and creates a strong deterrent effect on employers who consider hiring illegal immigrants.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss1/art2
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  • 104
    Electronic Resource
    Electronic Resource
    Discordant Notes: A Reply to Professor Wright (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 1.2006, 3, art5 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: Professor Wright mischaracterizes both the legal basis and the factual context of the FTC's Three Tenors opinion, recently affirmed by Judge Ginsburg's opinion for a unanimous panel of United States Court of Appeals for the District of Columbia Circuit. Neither opinion's legal analysis relies on the timing of the moratorium agreement. Under either opinion, the agreement to eliminate advertising and price competition would have been proscribed even had it occurred when the joint venture was formed. Moreover, the factual underpinnings of the case differ from Professor Wright's assertions. In particular, the facts demonstrate that the joint venture did not attempt to promote the combination of various three tenors products. The only coordination with the first two albums was a restriction on their discounting and advertising. There was none of the production, distribution, and promotion among the three albums normally associated with an integrated effort.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol1/iss3/art5
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  • 105
    Electronic Resource
    Electronic Resource
    Constitutionalizing Patents: From Venice to Philadelphia (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 2, art4 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: Patent law today is a complex institution in most developed economies, and the appropriate structure for patent law is hotly debated around the world. A crucial feature shared among the diverse patent systems of the industrialized world, even before the recent trend toward harmonization, is that modern patent regimes are "constitutionalized," meaning the self-restriction of executive and legislative discretion over the patent power. Given the lucrative nature of patent monopolies and the long history of granting patents as a form of patronage, the choice to confine patents within a legal framework that minimizes the potential for rent-seeking requires explanation. Why choose to constitutionalize patents? This paper answers this question by examining three salient constitutionalizing events through the lens of public choice theory-a theoretical framework all but absent in patent and innovation scholarship. Using interest-group analysis, we trace the constitutionalization of patent law from the Venetian patent statute of 1474, through the English 1624 Statute of Monopolies, to the Intellectual Property Clause of the United States Constitution. We argue that creating constitutional patent law institutions offered the opportunity to both increase the durability of the bargain between the state and the inventor and, in some cases, to limit the grant of patents to those most likely to increase the general welfare.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss2/art4
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  • 106
    Electronic Resource
    Electronic Resource
    Trade Secret vs. Broad Patent: The Role of Licensing (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 2, art3 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: We present a simple model wherein a patents regime is inferior to a trade secrets system, meaning that when private returns from innovation under the two regimes are the same, society will be better off if the innovator chooses not to patent. In our model, trade secret licensing is envisaged and the inferiority of patents depends on the lack of an independent invention defense in patent law, while such a defense currently exists in secrecy and copyright law. Thus, although secrecy is superior to patents, it is not superior to other types of formal intellectual property rights where independent invention is allowed (such as copyrighted software).
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss2/art3
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  • 107
    Electronic Resource
    Electronic Resource
    Property Rules and Liability Rules, Once Again (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 2, art1 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: In recent years, new articles presenting rigorous analyses of bargaining incentives have overturned some of the fundamental claims made by Calabresi and Melamed in their seminal article on property rules and liability rules published in 1972. In particular, the proposition that property rules are socially preferable to liability rules when transaction costs are low appears to be either no longer valid or severely weakened under the new analyses. This paper reexamines the property rule versus liability rule question in light of the contributions of the recent bargaining theory literature. In contrast to this literature, I find that the fundamental propositions of Calabresi-Melamed remain valid, and I extend the framework to provide a more detailed positive economic theory of common law rules. The key contribution of this paper is pointing out the importance of subjective valuations in the analysis of property and liability rules. This allows for a synthesis of Calabresi-Melamed and the bargaining theory literature within an expanded framework.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss2/art1
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  • 108
    Electronic Resource
    Electronic Resource
    A Derivation of Probabilities of Correct and Wrongful Conviction in a Criminal Trial (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 3, art3 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: This article derives key variables in the analysis of standards of proof in criminal law from basic conditional probabilities. The variables derived are the probability of correct and wrongful conviction, the expected sanction, and society's incarceration costs, while the basic conditional probabilities are the probability of observing (any given) evidence against individual i given that individual j committed the crime (for any j including j equal to i. The variables are derived from the conditional probabilities as a function of the standard of the proof using simple Bayesian updating.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss3/art3
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  • 109
    Electronic Resource
    Electronic Resource
    On Negligence Rules and Self-Selection (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 3, art1 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: Economic models of negligence ordinarily involve a single standard of care that all injurers must meet in order to avoid liability. When injurers differ in their costs of care, however, this leads to distortions in their care choices. This paper derives the characteristics of a generalized negligence rule that induces injurers to self-select their optimal care levels. The principal features of the rule are (1) the due standard of care is maximal, and (2) liability increases gradually as injurers depart further from this standard. The results are broadly consistent with the gradation in liability under certain causation rules and under comparative negligence.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss3/art1
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  • 110
    Electronic Resource
    Electronic Resource
    Another Consideration in Minority Vote Dilution Remedies: Rent-Seeking (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 3, art5 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: In some areas of the United States, racial and ethnic minorities have been effectively excluded from the democratic process by a variety of means, including electoral laws. In some instances, the Courts have sought to remedy this problem by imposing alternative voting methods, such as cumulative voting. I examine several voting methods with regard to their sensitivity to rent-seeking. Methods which are less sensitive to rent-seeking are preferred because they involve less social waste, and are less likely to be co-opted by special interest groups. I find that proportional representation methods, rather than semi-proportional ones, such as cumulative voting, are relatively insensitive to rent-seeking efforts, and thus preferable. I also suggest that an even less sensitive method, the proportional lottery, may be appropriate for use within deliberative bodies, where proportional representation is inapplicable and minority vote dilution otherwise remains an intractable problem.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss3/art5
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  • 111
    Electronic Resource
    Electronic Resource
    On the Desirability of Appellate Courts (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Review of law and economics 2.2006, 3, art4 
    Details
    ISSN: 1555-5879
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law , Economics
    Notes: In this paper we analyze the necessity of an appeals process in private-civil litigation from the point of view of potential litigants. Our main concern is the question of whether the existence of an appeals system is to the benefit of potential litigants or if they would be better off in a system in which appeals are not possible. Our main observation is that it is unnecessary to enable appeals in all civil litigation. Indeed, a judicial system with a built-in appeals process is in many cases less desirable for the parties involved.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/rle/vol2/iss3/art4
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  • 112
    Electronic Resource
    Electronic Resource
    Comparison of Technologies on Extracting and Concentrating Natural Vitamin E Using Supercritical CO2 (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of food engineering 1.2006, 5, art9 
    Details
    ISSN: 1556-3758
    Source: Berkeley Electronic Press Academic Journals
    Topics: Process Engineering, Biotechnology, Nutrition Technology
    Notes: Solubilities are measured for natural tocopherols and fatty acid methyl esters(FAMEs) under partly isothermal, isobaric and isochoric conditions in the range of temperature of 40-60deg.C and pressure of 9.7-16.2MPa based on soybean de-odorizer(DOD) pretreatment, the separation factors between FAMEs and tocopherols are 3.1-5.4 in this study. Furthermore, three different technology projects are analyzed qualitatively and quantitatively of single column extraction (SCE), extraction and fractionation (EF), two-column extraction (TCE).
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijfe/vol1/iss5/art9
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  • 113
    Electronic Resource
    Electronic Resource
    Rheological Properties of Butia Pulp (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of food engineering 2.2006, 1, art4 
    Details
    ISSN: 1556-3758
    Source: Berkeley Electronic Press Academic Journals
    Topics: Process Engineering, Biotechnology, Nutrition Technology
    Notes: Rheological parameters of Butia pulp were determined at different temperatures using a concentric cylinder Haake Rotovisco rheometer, model RV-20, with measurement system ZA-30. Butia pulp was found to exhibit non-Newtonian, pseudoplastic behavior at all temperatures and the rheological parameters were adequately described by the Herschel-Bulkley model. Yield stress, flow behavior index, and consistency coefficient were significantly affected by temperature. The yield stress decreased exponentially with process temperature and ranged between 36.60 and 21.70 Pa. Apparent viscosity calculated through the Herschel-Bulkley model decreased with an increase in temperature. The Arrhenius model gave a good description of temperature effect on apparent viscosity of the pulp.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijfe/vol2/iss1/art4
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  • 114
    Electronic Resource
    Electronic Resource
    Shelf Life and Stability Study of Frozen Dough Bread by the Use of Different Hydrophillic Gums (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of food engineering 2.2006, 3, art5 
    Details
    ISSN: 1556-3758
    Source: Berkeley Electronic Press Academic Journals
    Topics: Process Engineering, Biotechnology, Nutrition Technology
    Notes: The main objective of this work was to determine the influence of different hydrophilic gums on the stability and shelf life of bread dough during frozen storage. Bread dough containing different level of hydrophilic guns were submitted to mechanical freezing at -18° C and stored frozen for up to 60 days. Two types of hydrophilic gums in different combination were tested: for specific loaf volume of breads made from frozen dough and for its shelf life study by measuring its moisture level at 3, 24, 48, 72 and 96 hrs after baking of frozen dough bread. Specific loaf volume was significantly affected by the hydrophilic gums, Arabic gums showed better effect than CMC. Frozen storage of the dough negatively affected the specific loaf volume of the bread. The addition of 3% Arabic Gum had a beneficial effect on the specific loaf volume and moisture contents of the frozen dough bread.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijfe/vol2/iss3/art5
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  • 115
    Electronic Resource
    Electronic Resource
    Fluidization Characteristics of Moist Food Particles (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of food engineering 2.2006, 1, art7 
    Details
    ISSN: 1556-3758
    Source: Berkeley Electronic Press Academic Journals
    Topics: Process Engineering, Biotechnology, Nutrition Technology
    Notes: Changes in fluidization behaviour of green peas particulates with change in moisture content during drying were investigated using a fluidized bed dryer. All drying experiments were conducted at 50 + 2 0C and 13 + 2 % RH using a heat pump dehumidifier system. Fluidization experiments were undertaken for the bedheights of 100, 80, 60 and 40 mm and at 10 moisture content levels.Fluidization behaviour was best fitted to the linear model of Umf = A + B m. A generalized model was also formulated using the height variation. Also generalized equation and Ergun equation was used to compare minimum fluidization velocity.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijfe/vol2/iss1/art7
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  • 116
    Electronic Resource
    Electronic Resource
    Mathematical Modeling and Experimental Study on Thin Layer Drying of Strawberry (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of food engineering 2.2006, 1, art5 
    Details
    ISSN: 1556-3758
    Source: Berkeley Electronic Press Academic Journals
    Topics: Process Engineering, Biotechnology, Nutrition Technology
    Notes: This paper presents mathematical modeling and the thin layer convective drying of strawberry. The experiments are conducted at drying air temperatures of 60, 75 and 85 deg.C in drying air velocities of 0.5, 1 and 1.5 m/s in a convective cyclone type dryer. The data of sample mass, temperature and velocity of the drying air were recorded continuously during each test. The experimental drying curves show only a falling drying rate period. The main factor in controlling the drying rate was found to be the drying air temperature. Also, the experimental drying curves obtained were fitted to eleven mathematical models. The Modified Page (I) drying model was found to satisfactorily describe the drying curves of strawberry with a correlation coefficient (R) of 0.98042, chi-square (2) of 0.0035 and root mean square error (RMSE) of 0.0588. The constants and coefficients of this model could be explained by the effect of drying air temperature and velocity with a correlation coefficient (R) of 0.998. The effective diffusivity coefficient of moisture transfer varied from 4.528x10-10 to 9.631x10-10 m2/s over the temperature and velocity range in this study.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijfe/vol2/iss1/art5
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  • 117
    Electronic Resource
    Electronic Resource
    The Role of Operating Conditions in Osmotic Distillation and Direct Contact Membrane Distillation - A Comparative Study (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of food engineering 2.2006, 5, art1 
    Details
    ISSN: 1556-3758
    Source: Berkeley Electronic Press Academic Journals
    Topics: Process Engineering, Biotechnology, Nutrition Technology
    Notes: This paper presents a comparative study on the role of operating conditions in osmotic distillation (OD) and direct contact membrane distillation (DCMD). Comparisons were made for lab scale OD and DCMD experiments on two types of PVDF hollow fibres under similar operating conditions for the concentration of glucose solutions from 30 to 60% (w/w) at temperatures as low as 25 to 45°C. Analysis of the results indicated that temperature was the most influencing factor for process improvement for both OD and DCMD. The flux in DCMD was improved by 3 to 4 times when feed temperature increased by 15 degrees, while this figure was nearly 3 times for OD when feed temperature increased by 20 degrees. The flow rates of the two streams played a more important role in maintaining the driving force, and consequently the flux rate, in DCMD rather than in OD. It was found that feed velocity had significant effect on DCMD performance, but insignificant in OD. Feed concentration, as the determining factor on water activity and viscosity, caused a more serious reduction of the flux rate in the high concentration range of 45-60% rather than in the dilute region of 30-40%. The effect was more significant in DCMD than in OD. The ratio of DCMD flux over that of OD ranged from 0.41 to 0.66 for PV375 when concentrating glucose solutions 30-40% w/w and from 0.35 to 0.69 for PV650 when concentrating high solid content ones. However, DCMD can overcome the disadvantages of OD being poor consumers' perception, (due to the use of brine solution being a chemical), the potential problem of corrosion by the brine and the cost of its reconcentration.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijfe/vol2/iss5/art1
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  • 118
    Electronic Resource
    Electronic Resource
    Who Pays? The Incidence of High Malpractice Premiums (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Forum for health economics & policy 9 (2006), S. 2 
    Details
    ISSN: 1558-9544
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine , Economics
    Notes: This paper uses data from physician group practice to examine the relationship between malpractice premium levels and physician net incomes for the years 1994, 1998, and 2002, a period in which malpractice premiums rose rapidly. We find, as did work covering earlier periods of premium growth, that physician net incomes were not reduced by high or rising premiums, and that gross practice revenues were higher when premiums were higher. There is evidence that this forward shifting of costs was associated more with higher quantities of services than with higher unit fees.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/fhep/9/1/2
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  • 119
    Electronic Resource
    Electronic Resource
    Real Output in Mental Health Care during the 1990s (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Forum for health economics & policy 9 (2006), S. 5 
    Details
    ISSN: 1558-9544
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine , Economics
    Notes: Health accounts document changes over time in the level and composition of health spending. There has been a continued evolution in the ability to track such outlays. Less rapid has been the ability to interpret changes in spending. In this paper we apply quality adjusted price indexes for several major mental disorders to national mental health expenditure account estimates to assess changes in real "output". We show that using the new price indexes reveals large gains in real output relative to the application of the U.S. Bureau of Labor Statistics' indexes.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/fhep/9/1/5
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  • 120
    Electronic Resource
    Electronic Resource
    Digital Image Processing of Palm Oil Fruits (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of food engineering 2.2006, 2, art7 
    Details
    ISSN: 1556-3758
    Source: Berkeley Electronic Press Academic Journals
    Topics: Process Engineering, Biotechnology, Nutrition Technology
    Notes: The oil content of the flesh of mesocarp has direct relationship with color bands red, green and blue. By running intensive experiments, it was found that oil content correlated with the red color band, with a regression value of 0.86. The finding of this study may be useful for determining the ripeness of oil palm for harvesting and for the use in the operation and control of continuous steriliser in palm oil mill.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijfe/vol2/iss2/art7
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  • 121
    Electronic Resource
    Electronic Resource
    Osmotic Membrane Distillation - A Brief Review (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of food engineering 2.2006, 2, art5 
    Details
    ISSN: 1556-3758
    Source: Berkeley Electronic Press Academic Journals
    Topics: Process Engineering, Biotechnology, Nutrition Technology
    Notes: In recent years, osmotic membrane distillation is gaining importance as an attractive/ complementary athermal membrane process. Osmotic membrane distillation is having potential to concentrate the biomolecules/liquids to a very high level under mild operating condition, without product damage. Further, this process can be employed as a pre-concentration step to reduce water load significantly on subsequent processing steps. The present review exclusively deals with process features, theoretical aspects involving water transport mechanism, influence of various process conditions on transmembrane flux along with recent application of osmotic membrane distillation process. Also, suggestions for future work and possible process integration of osmotic membrane distillation with other processes are also discussed.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijfe/vol2/iss2/art5
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  • 122
    Electronic Resource
    Electronic Resource
    Extraction of Polyphenolics from Apple Juice by Foam Fractionation (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of food engineering 2.2006, 2, art2 
    Details
    ISSN: 1556-3758
    Source: Berkeley Electronic Press Academic Journals
    Topics: Process Engineering, Biotechnology, Nutrition Technology
    Notes: This research was undertaken to test the feasibility of using the foam technology to separate polyphenols from fruit juices for use as functional food ingredients. The separation performance, expressed as enrichment ratio, selectivity and percentage recovery, was determined as a function of operating variables, namely air or N2 flow rate, initial feed concentration, bubble size, solution pH and the presence of alcohol to modify the surface tension. Measurements were made of the average bubble size and gas hold-up volume to calculate interfacial area. The bulk phase concentrations of the polyphenolics in the feed and foam fractions were analysed for total phenolic content by Folin assay and phenolic composition by reverse phase HPLC. Enrichment factors of up to 6 were found under optimum conditions of low sugar concentration (6-9 oBrix), low flow rate (0.2-0.6 ml min-1) and acidic pH (3-4). However recoveries were low at around 30% of total phenolics and selectivity was poor. It was concluded that foam fractionation represents a potential low cost technology to recover a proportion of the polyphenolic content in an enriched juice concentrate suitable for use as a functional ingredient.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijfe/vol2/iss2/art2
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  • 123
    Electronic Resource
    Electronic Resource
    Adverse Selection in Retiree Prescription Drug Plans (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Forum for health economics & policy 9 (2006), S. 4 
    Details
    ISSN: 1558-9544
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine , Economics
    Notes: We used claims data from a large U.S. employer that introduced changes in its medical and drug coverage offerings in 2002 for non-Medicare eligible retirees. In addition to the existing plans, the employer introduced two new plans in 2002 that were less generous both in terms of medical and drug coverage. Further, one of the new plans had an annual benefit limit of $2,500 on prescription drugs, similar to the "doughnut hole" in the standard Medicare Part D benefit. We examined beneficiaries switching behavior in response to the new choice set and estimated the independent effects of medical and drug benefits on plan selection. We found that beneficiaries in better health were more likely to switch to the new, less generous plans. While the generosity of the medical benefit played a more important role in choosing a plan, choices did not vary significantly by health status. In contrast, sicker individuals were more likely to enroll in plans with generous drug benefits. This suggests that drug coverage may be more susceptible to adverse selection than medical insurance.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/fhep/9/1/4
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  • 124
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    Facts on the Ground and Reconciliation of Divergent Consumer Insolvency Philosophies (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art1 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: Traditionally, civil law jurisdictions in Scandinavia and the continent of Europe have not been willing to acknowledge the appropriateness of extending bankruptcy relief to consumer debtors and discharging any part of their debts. The opposition was based on the importance of upholding the sanctity of contractual obligations: pacta sunt servanda. This attitude stood in contrast to the fresh start philosophy of US bankruptcy law, which embraced a more forgiving attitude, focusing on the reintegration of the insolvent debtor into society, substantially free of debt, after he has filed for bankruptcy and surrendered his non-exempt property for distribution among his creditors. The relaxation of credit controls and the rapid increase in the number of insolvent debtors in the late 1980s and early 1990s has forced many continental jurisdictions to reconsider their traditional opposition. They have since adopted debt adjustment plans providing various forms of debt relief to overcommitted debtors but only a substantial number of years after the initial proceedings. The American reaction has gone in the opposite direction.With the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States has reversed its century old liberal fresh start tradition. The 2005 Act imposes a formidable means test as well as other preconditions to determine whether a debtor has sufficient discretionary income to pay off twenty percent of his or her unsecured debts under a Chapter 13 plan. If the answer is yes, the debtor is denied the right to file a bankruptcy petition under Chapter 7 of the Bankruptcy Code. This paper asks whether these developments on opposite sides of the Atlantic suggest that facts on the ground are more important than dogma and deeply entrenched beliefs. The author's answer is that while there is certainly a trend towards convergence between continental European and US approaches to consumer insolvency, it is much too soon to speak of a common culture and a common approach. He notes, however, that Commonwealth jurisdictions (notably Australia, England and Canada) have long adopted a means test to determine a debtor's eligibility for discharge from debt and suggests that continental scholars would have done better to study the Commonwealth experience as embodying a suitable compromise than to flirt with the US fresh start philosophy, only to reject it as too alien to the continental moral sense.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art1
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  • 125
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    Conservative Economics and Optimal Consumer Bankruptcy Policy (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art3 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: In this paper, Professor Wiggins explores the relationship between conservative economic theories and major bankruptcy reforms recently enacted by the United States Congress. First, she describes three key components of conservative economic theory as advanced by the Bush Administration and conservative scholars. These include: (1) a strong preference for private ordering over public ordering, (2) the promotion of private property as a means to expand personal freedom and liberty, and (3) the encouragement of individual risk internalization. Next, she describes two theoretical components of the new bankruptcy reforms. These include: (1) a preference for creditor collection over debt relief and (2) the promotion of individual risk internalization. Then Professor Wiggins examines two questions: First, is there meaningful theoretical symmetry between conservative economics and the new bankruptcy law? Second, is there significant operational symmetry between the two? The paper suggests theoretical convergence for two reasons: First, both conservative economics and the new bankruptcy law aim to promote private bargains over administratively adjusted ones. Second, both seek to force individuals to absorb more of the risks of financial decision-making. The paper suggests, however, that at the operational level there exists significant divergence between the aims of conservative economics and the predicted consequences of the new law. Professor Wiggins concludes, among other things, that economic conservatives should pay more rigorous attention to personal bankruptcy policy because operational asymmetry between their theories and the new legislation could blunt their ambitious economic agenda for American consumers.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art3
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  • 126
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    Optimizing Consumer Credit Markets and Bankruptcy Policy (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art5 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: This Article explores the relationship between consumer credit markets and bankruptcy policy. In general, I argue that the causative relationships running between borrowing and bankruptcy compel a new strategy for policing the conduct of lenders and borrowers in modern consumer credit markets. The strategy must be sensitive to the role of the credit card in lending markets and must recognize that both issuers and cardholders are well placed to respond to the increased levels of spending and indebtedness. In the latter parts of the Article, I recommend mandatory minimum payment requirements, a tax on distressed credit card debt, and the subordination of payments to credit card lenders in bankruptcy. I also argue that many aspects of the American bankruptcy system, as recently reformed, are overly protective of credit card issuers.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art5
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  • 127
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    The Value of Home Ownership (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art7 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: The article offers a new reading of the home ownership-mortgage relationship in Israel. It points at the duality characterizing Israeli law regarding home ownership and its protection. While home ownership is a cherished social value, there is a reluctance to provide it with sufficient protection. The significant implications of repossession in the personal, social, and economic realms call for new thinking concerning the assurance of sustainable housing. Current protection laws focus mostly on ex post solutions, aimed at alleviating the plight of the defaulting mortgagor. The article emphasizes the need for ex ante policies, introducing innovative mechanisms in home purchasing.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art7
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  • 128
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    Comprehensive Reform of Japanese Personal Insolvency Law (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art10 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: The project of the comprehensive reform of Japanese insolvency law started in October 1996. After many enactments and amendments, there are now two types of judicial proceedings for personal insolvencies in Japanese insolvency law. The first category is straight bankruptcy proceedings in which the debtor can be discharged; the other is special Civil Rehabilitation proceedings for individual debtors. In this Article, I will first give a brief overview of the special Civil Rehabilitation proceedings for individual debtors (Part I), including a short description of two types of proceedings, and legislative issues. Then I will give a brief overview of major amendments of the Bankruptcy Law concerning individual bankruptcies (Part II), including amendments relating to the scope of exemption and discharge proceedings.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art10
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  • 129
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    The Chief Enforcement Officer and Insolvency in Israeli Law (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art11 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: Israeli enforcement law uses both direct and indirect enforcement -- the former via attachment of assets, and the latter via imprisonment of the debtor. The use of indirect enforcement via imprisonment is problematic, as it violates the basic rights of the debtor. I will argue that in response to this problem, the law created a framework for the "debtor of limited means." I will demonstrate that not only does this create an improper definition of the task of the Chief Enforcement Officer, but that it is also an inefficient way of dealing with an insolvent debtor. I will propose that the system differentiate between debtors who cannot pay their debts and those who do not want to pay their debts. I believe that encouraging the insolvent debtor to file for of bankruptcy will avoid the problem of imprisonment and enable the Chief Enforcement Officer to return to his natural role as judge of enforcement. Additionally, I suggest creating a separate track of "consumer enforcement," which would avoid the whole system of installments, imprisonment, and debtors of limited means, at least regarding consumer credit.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art11
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  • 130
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    Personal Bankruptcy in Korea: Challenges and Responses (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art12 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: The number of credit delinquents in Korea had been growing steadily since 1997 and had reached 3,700,000 by the end of 2003, which was about 8.4% of the population. The government initiated several support programs, but the number of credit delinquents has decreased very slowly. In order to allow for successful recovery of credit delinquents, it is imperative to reduce debts in a more comprehensive manner, to clear the impediments for easy use of personal bankruptcy mechanisms, and to provide incentives to encourage debtors to make progress on their repayment plans. While there has been much change in terms of learning to live with bankruptcy as an inevitable part of a market economy, there is still much to be done. The reality of "moral hazard" in bankruptcy discharge should be uncovered. Legal restraints discriminating against bankrupts must be removed. The repayment period of individual rehabilitation and individual workouts must be shortened to three years. Personal guarantors for debtors in rehabilitation proceedings should be protected as much as the debtors are during the repayment period in rehabilitation proceedings. Debtors need to be able to keep their mortgaged residences during the proceedings. The history of insolvency has shown that society can benefit as much as or more than debtors themselves from the discharge of unpaid debts because with a fresh start the debtor has an incentive to work hard. The starting point to personal bankruptcy law reform is this belief.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art12
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  • 131
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    Constitutionalism as Mindset: Reflections on Kantian Themes About International Law and Globalization (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 8.2006, 1, art2 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: Globalization is a topic of some anxiety among international lawyers. On the one hand, its fluid dynamics -- fragmentation, deformalization and empire -- undermine traditional diplomatic rules and institutions. On the other hand, the effort to reimagine international law in purely managerial terms appears intellectually shallow and politically objectionable. To avoid marginalization and instrumentalization, many lawyers have begun to think about international problems through a constitutional vocabulary and have often cited Kant in that connection. This Article argues that, while it is always possible to grasp the world through a constitutional vocabulary, this does not provide determinate answers to international problems. Instead of an institutional architecture or a set of legal rules, constitutionalism is best seen as a mindset -- a tradition and a sensibility about how to act in a political world. Contrary to a widespread assumption, Kant's political writings may also be read in this fashion and, if so, a meaningful international transformation might necessitate not only legislative or institutional intervention but a professional and perhaps spiritual regeneration.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol8/iss1/art2
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  • 132
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    The Shuffle of Things: Law and Knowledge in "Modern Society" (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 8.2006, 1, art5 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: What are modernities? Can they be critical? What could it mean to imagine law beyond liberalism? This Article considers these questions from within the admittedly-limited scope of law and society in the United States. It argues, using an example drawn from a contemporary state law regulating the practice of law, that the "order of things" has changed. The systematicity of knowledge of modern law links it to the conditions of a sociological society whose stability involves both the management of risk (as others have argued) and the prevention of crisis. When interventions such as this Article -- in common with modern law--seek to address the critical condition of a modern society and to avert crises in it, such interventions may paradoxically justify and reinforce the very tactics and terms of the expressive environment or system that constitutes modern sociological society.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol8/iss1/art5
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  • 133
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    "What Are the Gods to Us Now?": Secular Theology and the Modernity of Law (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 8.2006, 1, art8 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: Integrating responses of Nietzsche to the death of God with classic instances of modernist political theory, a constituent parallel is drawn between monotheistic religion and modern law -- a parallel in that each matches the other, but a parallel also in that neither ever meets the other. This relation yet differentiation reveals an ontologically challenging modern law that conforms to, yet completely counters, its positivist and instrumental subordinations in modernity.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol8/iss1/art8
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  • 134
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    The Two-State Solution: Providence and Catastrophe (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 8.2006, 1, art7 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: One of the most significant, incontestable, and relatively ignored aspects of modernity is the new role states play as generators and facilitators of disasters, on the one hand, and as authors -- or at least facilitators, sponsors, and coordinators -- of survival and relief operations, on the other hand. The relation of the modern state to disaster has played an important role in the emergence of the state as a "totalizing totality" (of spaces, people, groups, associations, and institutions) and in the constitution of its image as a historical subject. This Article argues that state's relation to disaster and its unfolding consequences has developed in two opposite directions that should be distinguished carefully. In line with these two opposite relations to disaster, I suggest a theoretical distinction between two state formations: a providential state and a catastrophic state. This distinction is based on Agamben's concept of "bare life," which a sovereign may forsake by declaring an exception but which it may also save by taking extraordinary measures of protection or relief. The Article examines two aspects of the difference between the two state formations. From a formal point of view, it distinguishes and discusses two different notions of sovereignty, its authority, foundation, and legitimacy, along with two different understandings of the subjectivity of the state. These two conceptions involve and are intimately related to two distinct sets of theological presuppositions and two different conceptions of the political. From a chronological point of view, the Article sketches two diverging genealogies that go back to distinct, even if related, moments in the history of the modern West. Recognizing the fact that in certain historical moments these two genealogies were intertwined and that in our time this intertwinement has yielded a rapid process of hybridization, the Article claims that this process is not dialectical, and that the difference between the two genealogies should be maintained for theoretical and political reasons alike.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol8/iss1/art7
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  • 135
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    The Critical Modernism of Hannah Arendt (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 8.2006, 1, art11 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: Hannah Arendt grasps modernity in terms of crisis and political modernity in terms of the crisis of authority. Because she ties the crisis of authority not simply to liberal political thought but to the entire Western philosophical tradition, Arendt responds to the crisis of authority with a critical modernism, i.e., a modernism that seeks to lay bare the gap between past and future that was covered up by the Roman trilogy of tradition, religion, and authority. This modernism is critical because it intensifies rather than shies away from crisis. With this critical modernism, judgment emerges as the successor to authority, opening the door to a possible overcoming of metaphysics and of the estrangement of doing and thinking. Arendt's reworking of a parable of Kafka's dealing with the gap between past and future illustrates her turn to judgment and her attempt to overcome metaphysics.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol8/iss1/art11
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  • 136
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    Launching a Basic Income Journal (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 1, art2 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss1/art2
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  • 137
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    Review of Clive Lord, A Citizens' Income: A Foundation for a Sustainable World (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 2, art14 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss2/art14
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  • 138
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    Basic Income and the Problem of Cumulative Misfortune (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 2, art5 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Notes: This paper defends a regularly paid basic income as being better equipped to tackle unfair inequalities of outcome. It is argued that the timing of "option-luck" failures - in particular, whether they occur early in a lifetime of calculated gambles, and whether they are clustered together - may lead to a form of "brute bad luck," referred to as "cumulative misfortune." A basic income that is paid on a regular basis provides a way to prevent the emergence of cumulative misfortune, because the basic income at least partially replenishes the individual's ability to take the next calculated gamble. The upshot of this is a nonpaternalistic justification for an unconditional basic income that is paid regularly and is nonmortgageable. This has an important bearing on the debate between those who advocate a one-off endowment at the start of adult life and those who advocate a basic income paid regularly throughout one's life. The paper contends that a regular basic income represents a superior social policy because it prevents the emergence of cumulative misfortune, rather than belatedly attempting to compensate for its effects during our senior years.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss2/art5
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  • 139
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    The Relative Cost of a Universal Basic Income and a Negative Income Tax (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 2, art6 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Notes: The cost of a negative income tax (NIT) designed to mimic the redistributive effects of a universal basic income (UBI) and set at a level sufficient to eliminate official poverty in the US is estimated using income distribution data for 2002. It is estimated that an NIT satisfying these conditions would have required an $826 billion increase in government spending in 2002, compared to a $1.69 trillion increase for an equivalent UBI. Despite this cost difference, the income and substitution effects of a UBI and an equivalent NIT are shown to be the same; and these effects are analyzed. Finally, the cost of providing a basic income guarantee (BIG) by either of these means is compared to the cost of securing the right to work and income security recognized in the Universal Declaration of Human Rights using a program of direct job creation and conventional income transfers.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss2/art6
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  • 140
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    Reconsidering the Exploitation Objection to Basic Income (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 2, art4 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Notes: A common objection to unconditional basic income is that it is unfair because it allows people to live off the labour of their fellow citizens without making a reciprocal productive contribution to society (the 'exploitation objection'). The paper outlines four responses to the objection: the perfectionism, balance of fairness, balance of reciprocity, and inherited asset responses. While it finds little merit in the first, it argues that, taken together, the latter three add up to a powerful reply to the exploitation objection. In concluding, the paper also explains that even if the exploitation objection can be satisfactorily met, there might still be other justice-based reasons for making basic income conditional on behaviour.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss2/art4
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    A Plea for the Use of Laboratory Experiments in Basic Income Research (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 2, art11 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss2/art11
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    List of Contributors (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 2, art3 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss2/art3
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  • 143
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    The Right to Collective Bargaining in Malaysia in the Context of ILO Standards (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Asian journal of comparative law 1.2006, 1, art13 
    Details
    ISSN: 1932-0205
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: Collective bargaining is the best mechanism to attain a cordial relationship between employers and employees. It is also an effective forum to agree on terms and conditions of employment. In order to achieve such purposes, industrial relations systems in a country must provide legal mechanism to enable parties to bargain collectively with a view to concluding a collective agreement. The ILO has adopted a convention providing a framework for member states to enact laws that would facilitate such a mechanism. In this respect, Malaysia has enacted the Industrial Relations Act 1967, which provides among others a mechanism for collective bargaining. In this article we argue on the extent of the right of Malaysian workers to collective bargaining in the context of the ILO standards. Here we argue that despite the legal mechanism available that facilitates collective bargaining between the two parties, Malaysian workers and their trade unions face some difficulties in bargaining with their employers.
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    URL: http://www.bepress.com/asjcl/vol1/iss1/art13
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  • 144
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    Let a Hundred Flowers Bloom: Digital Speech in Malaysia (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Asian journal of comparative law 1.2006, 1, art12 
    Details
    ISSN: 1932-0205
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: The thesis of this paper is that in some societies blogs are beginning to act as a force for democratization and perform the role of being an alternative form of media. Blogging amplifies the cultural and participatory elements of free speech by enabling more people to take part in the spread of ideas and the dissemination of information. By publishing online, bloggers not only rout around prohibitive financial hurdles to media production but also overcome some laws that restrict freedom of expression. This essay focuses on a Malaysian case study of bloggers who are now a formidable force in disseminating information and promoting a democratic culture in the country despite laws that restrict free speech in the country. This essay also reflects on the salient lessons gleaned from the Malaysian experience which might be relevant to the project of constructing a successful blogging scene in the Middle East and other authoritarian or soft-authoritarian regimes.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/asjcl/vol1/iss1/art12
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  • 145
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    Comparative Legal Traditions - Introducing the Common Law to Civil Lawyers in Asia (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Asian journal of comparative law 1.2006, 1, art11 
    Details
    ISSN: 1932-0205
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: As our focus turns from purely domestic law to regional and global issues, there is an increasing need to explain and, where possible, reconcile, the world's two major systems of law - the common law and civil law systems. Both play a crucial role in the legal infrastructure of Asia, and their sometimes uneasy relationship is one of the many challenges to overcome if we are to establish connections and forge understanding between the various legal traditions in this continent. This article focuses on the particular challenges involved in introducing the common law to Asian lawyers from civilian jurisdictions. It considers the difficulties which lawyers who are accustomed to a codified system of law experience when faced with the notionally more fluid and less structured system adopted in common law countries. It also, however, considers the underlying similarities between common law and civil law systems, and examines the characteristics which the two systems share - characteristics which ultimately suggest that the innate differences have more to do with process than with philosophy.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/asjcl/vol1/iss1/art11
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  • 146
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    Legal Education in Asia (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Asian journal of comparative law 1.2006, 1, art9 
    Details
    ISSN: 1932-0205
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: This article starts off by providing an overview of the historical and structural aspects of legal education in selected representative jurisdictions in Asia. It then proceeds to tackle what the authors feel to be the most serious challenges faced by Asian law schools today - the need to balance legal education and inter-disciplinary perspectives, to provide sufficient comparative material, to reform teaching and assessment methodology, and to juggle competing needs with very limited resources.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/asjcl/vol1/iss1/art9
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  • 147
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    The Dangers of the United Nations' "New Security Agenda": "Human Security" in the Asia-Pacific Region (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Asian journal of comparative law 1.2006, 1, art10 
    Details
    ISSN: 1932-0205
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: Amidst the understandable enthusiasm for enlarging the traditional state-centred view of security and embracing a "human security" agenda, little scholarly attention has been paid to the implications of this shift for international law. This article first charts the scope and genesis of "human security," including within the United Nations and in the Asia-Pacific region, and traces the views of key Asian governments on the concept. It then analyses the relationship between human security and human rights and highlights the likely adverse impacts on human rights law. The remainder of the article considers how the human security agenda may destabilize the constitutional distribution of powers among UN organs under the UN Charter, especially by transferring power away from the more participatory General Assembly and towards the less representative and less accountable Security Council. In line with the position of some Asian States, this article reasserts that UN organs other than the Security Council, along with other major international institutions, are the appropriate bodies within which to pursue and address human security issues. In particular, the General Assembly and the Economic and Social Council require revitalization to avoid the trap of securitizing issues that are better framed as developmental and social concerns.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/asjcl/vol1/iss1/art10
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  • 148
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    Electronic Resource
    Legal Education Reform in Indonesia (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Asian journal of comparative law 1.2006, 1, art8 
    Details
    ISSN: 1932-0205
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: This article describes and discusses the many challenges that lie in the path of legal education reform in Indonesia, from faculty professionalism to physical infrastructure. It is a frank assessment of the state of legal education in Indonesia and what must be done to improve it.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/asjcl/vol1/iss1/art8
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  • 149
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    Electronic Resource
    Response to Richard Sylla's Comment (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Capitalism and society 1.2006, 2, art7 
    Details
    ISSN: 1932-0213
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/cas/vol1/iss2/art7
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  • 150
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    Electronic Resource
    The Pancake Palace: A Case Study in Business Interruption from the Defense Side (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of business valuation and economic loss analysis 1.2006, 1, art5 
    Details
    ISSN: 1932-9156
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Notes: This case demonstrates the difficulties that can occur in business interruption cases when the insured is represented by a public adjuster. The Pancake Palace, a restaurant established for approximately thirty five years, suffered a business interruption due to a fire that completely destroyed the building housing their establishment. The maze created by the public adjuster submitting the claim to the insurance company, clearly exhibits the need for a special set of skills that include persistence, creativity, curiosity, common business sense and, deductive reasoning. Upon completion of this case, the reader should have an increased awareness of the techniques required when resolving business interruption claims of this nature.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jbvela/vol1/iss1/art5
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  • 151
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    Electronic Resource
    Business Valuation Basics for Attorneys (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of business valuation and economic loss analysis 1.2006, 1, art7 
    Details
    ISSN: 1932-9156
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Notes: Of all of the businesses in the Nation about .5% could be classified as actively traded, the other 99.5% require special treatment for valuation purposes. A number of the important issues are reviewed, all of which should be understood by all Attorneys who could have clients involved in business valuations. Issues are related to accounting practices, premiums, discounts of various sorts, required return, capitalization rates and proxies for variables not available. Most of the issues are illustrated in a practical valuation. Quantification of a number of the variables is illustrated as well.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jbvela/vol1/iss1/art7
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  • 152
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    Electronic Resource
    Bankruptcy Policy in Light of Manipulation in Credit Advertising (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art6 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: This Article argues that when credit suppliers market and advertise their credit products, they utilize and enhance consumers' cognitive biases, particularly their optimism bias and illusion of control. We apply the concept of manipulation to this practice. The biased and manipulated debtors attribute unrealistically low probability to negative life events, such as job loss, illness, accident or divorce, and high probability to positive life events. As a result of the manipulation, the biased debtors are triggered to borrow more than they would have borrowed otherwise. This additional borrowing may contribute to the default of these debtors and to their eventual bankruptcy. Empirical studies of the causes of bankruptcy show that before their default, bankrupts have often experienced negative life events that decrease income, increase expenses, or both. The bias and its manipulation justify legal intervention. The Article discusses various justifications for legal intervention and offers tentative and partial prescriptions for intervention. It analyzes the comparative advantages and shortcomings of ex ante intervention, in the form of regulation of credit marketing practices and credit contracts, of tax and insurance, and ex post intervention, at the bankruptcy stage. Its main contribution is in bringing together bodies of literature on cognitive biases, consumer decision making, lifecycle, social influence, advertising and marketing, behavioral law and economics, economic analysis of bankruptcy and socio-legal studies of bankruptcy. By combining these bodies of literature, the Article provides a new perspective on bankruptcy and credit and offers a promising framework for future work.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art6
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  • 153
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    Electronic Resource
    Credit Markets, Exemptions, and Households with Nothing to Exempt (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art8 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: American bankruptcy law has offered a "fresh start" in every state for over one hundred years. As a result, econometric studies of consumer bankruptcy often focus on one of the few aspects of the law that has varied significantly across time and across states: exemptions. Professors Gropp, Scholz and White published the first article to test the effect of exemptions on credit markets. Consistent with theory, they found that residents of states with larger exemptions pay higher interest rates than those in states with lower exemptions and face an increased probability that they will be denied credit. These effects were most pronounced for poor households. This result is surprising because exemptions only allow a household to keep what it has. The difference between a $100,000 exemption and an exemption with no dollar limit should not matter if the household has little or no assets to exempt. This essay examines alternative explanations for why exemptions appear to have a disproportionate impact on the poor. Unfortunately, however, none of these alternative explanations proves entirely satisfactory.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art8
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  • 154
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    Electronic Resource
    Velvet Bankruptcy (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art9 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: This Article discusses a triangle of forces that affect the activity of small-medium enterprises (SMEs). These forces are: limited liability, shareholder guarantees, and bankruptcy. Limited liability encourages entrepreneurship by reducing the personal risks shareholders are exposed to as a result of business failure. However, the limited liability shield creates the potential moral hazard of overinvestment. That is, the entrepreneur may involve the corporation in overly risky projects. To combat this risk, the lending practice requires entrepreneurs to sign a personal guarantee for corporate debt. The guarantee serves as a bonding device that forces the entrepreneur to internalize the costs of the corporate activity. This Article first argues that while personal guarantees can serve this economic goal, the lending industry demands them excessively and they are overused. The overuse of guarantees unnecessarily subjects good corporate borrowers as well as bad ones to this practice and causes underinvestment. The third force of the triangle, a discharge of the shareholder's debts in bankruptcy, may balance this inefficiency. It potentially softens the effect of the guarantee and thus requires the lender to further gather borrowerspecific information at the lending stage. Unfortunately, personal bankruptcy is underused by individual debtors mainly because of the stigma it implies. To rebalance the triangle, this Article proposes to encourage the shareholder's partial relief of the guarantee through an amicable procedure. I call this procedure Velvet Bankruptcy. Velvet Bankruptcy would first procedurally consolidate the private collection from the shareholder-guarantor with the pending corporate bankruptcy case, by authorizing the court to extend the automatic stay to protect the shareholder-guarantor. To the extent the court is convinced that the collection would render the shareholder insolvent, it could reduce the guarantor's liability. This would effectively constitute discharge without officially declaring the shareholder bankrupt.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art9
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  • 155
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    Introduction (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 8.2006, 1, art1 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol8/iss1/art1
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  • 156
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    Functionalism and Political Economy in the Comparative Study of Consumer Insolvency: An Unfinished Story from England and Wales (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 7.2006, 2, art13 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: This Article is made up of two parts. The first part reflects on the dominant functionalist approach to comparative consumer bankruptcy and suggests that this might be supplemented by a political economy analysis that addresses the role of national and international interest groups, including professionals, and ideology in understanding different national responses to overindebtedness in North America and Europe. The second part examines current reforms to consumer bankruptcy and responses to overindebtedness in the UK through this political economy lens and concludes that competition among professional groups, the role and interests of the Insolvency Service, and the ideology of the Third Way in consumer policy will influence the ultimate structure adopted for addressing consumer insolvency. A study of the English experience suggests that there is also an element of national path dependency to consumer insolvency reform that may resist pressures towards convergence of approaches between countries in addressing issues of consumer insolvency.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol7/iss2/art13
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  • 157
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    Electronic Resource
    Aristotle on Constitutionalism and the Rule of Law (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 8.2006, 1, art3 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: At least since John Locke, writers have pitted power against lawfulness, championing the rule of law for its protection of the political order against both popular and governmental overreaching. Aristotle is often cited as the source of this opposition between power and lawfulness insofar as he takes law to constrain the overreaching characteristic of human nature, the rule of law to exemplify reason's moderation of desire, and the constitution to be the source of the rule of law. Offering an interpretation of Aristotle which challenges the opposition between reason and desire driving most formulations of the rule of law, this Article argues that Aristotle understands the rule of law as itself a practice of political power, issuing from practical wisdom, which combines reason and desire. Treating the rule of law, in this way, as the rule of men as well raises the possibility that the question of political authority, at the heart of debates about constitutionalism, is at the same time a question of political authorship and accountability -- accountability to, and of, both a regime and a people.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol8/iss1/art3
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  • 158
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    In the Blind Spot: The Hybridization of Contracting (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 8.2006, 1, art4 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: What are the consequences of modernity for the institution of contracting? As the unity of the traditional contract is dissolved into a multiplicity of separate contracting worlds (economic transaction, legal promise, productive agreement), the binding force of contracting needs to be reformulated from an interpersonal to an interdiscursive relation. The central thesis of this Article is that the unity of contracting is hidden in the blind spot of the distinction between contracting worlds. Contracting needs two diametrically contradictory but complementary theories which cannot be integrated into a synthesis. As demonstrated with the example of the expertise contract, the subtle interplay of different contracting worlds depends basically on a fragile symmetry of chances of translation. The normative correlate of contract understood as translation between different worlds of meaning would be an extension of constitutional rights into the context of private governance regimes.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol8/iss1/art4
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  • 159
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    Democratic Legitimacy and the Scientific Foundation of Modern Law (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Theoretical inquiries in law 8.2006, 1, art6 
    Details
    ISSN: 1565-1509
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: This Article explores the unacknowledged impact of the scientific provenance of modern law. Justice, I argue, is threatened by social scientific thinking that subordinates justice to legitimacy, efficiency, and fairness. In doing so, I show that the power of the asserted connection between positive law and democracy depends upon a dangerous blurring of the distinction between justice and legitimacy. Finally, I offer an alternative genealogy of positive law that shows modern law to have been transformed into a science. My hope is that by pointing to the threatened loss of justice as an ideal, my work can help to hold open the possibility that law reclaim its foundation in the art of judgment instead of the science of law.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/til/default/vol8/iss1/art6
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  • 160
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    Notes on the Universal Grant Proposal (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 1, art7 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss1/art7
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  • 161
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    A Scandalous Proposal: Ethical Attractions of Basic Income (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 1, art10 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss1/art10
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  • 162
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    Review of John Cunliffe and Guido Erreygers, The Origins of Universal Grants (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 1, art14 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss1/art14
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  • 163
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    Electronic Resource
    Content (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 1, art1 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss1/art1
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  • 164
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    A Capitalist Road to Global Justice: Reply to Another Six Critics (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 1, art13 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss1/art13
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  • 165
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    Electronic Resource
    Review of Russell Muirhead, Just Work (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 2, art15 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss2/art15
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  • 166
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    Electronic Resource
    Reasons for Launching a Basic Income Experiment (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 2, art8 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss2/art8
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  • 167
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    A Piece of the Puzzle: A Comment on the Basic Income Experiment Debate (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Basic income studies 1.2006, 2, art12 
    Details
    ISSN: 1932-0183
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bis/vol1/iss2/art12
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  • 168
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    Electronic Resource
    Business and Peace: The Rise and Fall of the New Middle East (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    World Political Science Review 1.2006, 1, art1 
    Details
    ISSN: 1935-6226
    Source: Berkeley Electronic Press Academic Journals
    Topics: Political Science
    Notes: The open and strong support of Israeli businessmen and business organizations for the peace process between 1992 and 1996 highlights the emergence of a business community ready for political involvement and provided support, even if temporarily, to the idea of the "New Middle East" and for the proposed linkages between globalization, peace and economic growth. Several studies have engaged with the involvement and support of Israeli businesspeople in the peace process (Nitzan and Bichler 1996; Shafir and Peled 2000a) and provided a convincing explanation both for the motivations of Israeli businesspeople in the era of globalization to promote peace and for their influence on policymakers in the context of what can be described as emerging neo-liberal hegemony. But, as this work argues, while the business community was able to influence the economic agenda its influence on the peace process, despite its support, was rather limited. The derailment of the peace process some three years after its initiation until its almost final collapse in 2000 raise important theoretical-conceptual questions on the linkage between business and The open and strong support of Israeli businessmen and business organizations for the peace process between 1992 and 1996 highlights the emergence of a business community ready for political involvement and provided support, even if temporarily, for the idea of the "New Middle East" and for the proposed linkages between globalization, peace and economic growth. Several studies have engaged with the involvement and support of Israeli business people in the peace process (Nitzan and Bichler 1996; Shafir and Peled 2000a) and provided a convincing explanation both for the motivations of Israeli businesspeople in the era of globalization to promote peace and for their influence on policymakers in the context of what can be described as emerging neo-liberal hegemony. But, as this work argues, while the business community was able to influence the economic agenda, its influence on the peace process, despite its support, was rather limited. The derailment of the peace process some three years after its initiation until its almost final collapse in 2000 raise important theoretical-conceptual questions on the linkage between business and politics as well as empirical questions on the actual ability of the business community to influence the peace process.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/wpsr/vol1/iss1/art1
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  • 169
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    Politicization in Associations: An Empirical Study of the Relationship between Membership in Associations and Participation in Political Discussions (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    World Political Science Review 2.2006, 1, art3 
    Details
    ISSN: 1935-6226
    Source: Berkeley Electronic Press Academic Journals
    Topics: Political Science
    Notes: Empirical studies clearly show that not only are members of associations more politically active than non-members, but they also take a greater interest in politics and participate more often in political debate. Based on analyses of the correlation between association membership and participation in political discussions, the following article shows that these empirical findings are attributable only in limited measure to the political socialization effects of voluntary organizations. The results of multivariate analyses suggest that it is not so much association membership as early political socialization and education that lead to greater participation in political discussions. Associations do have a politicizing effect, however, chiefly when they afford an opportunity for their members to learn or cultivate organizational and communication skills or the ability to deal with conflict.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/wpsr/vol2/iss1/art3
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  • 170
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    Same Procedure as Last Year? On Political Behavior amongst Senior Citizens (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    World Political Science Review 2.2006, 1, art1 
    Details
    ISSN: 1935-6226
    Source: Berkeley Electronic Press Academic Journals
    Topics: Political Science
    Notes: Traditionally, old people are regarded as political objects rather than political subjects. Political parties have not really given special attention to old voters as a political group in its own right. Regarding political engagement among old people, it was widely believed that aging implied disengagement. However, recent authors have suggested that old people constitute a political group with a common agenda and that reaching a certain age provides a base for political mobilisation. Consequently, we should expect that old people today are more engaged than before. In the article, political behaviour and issue-voting are analysed from the mid-60s to the beginning of the new century. In order to analyse the development among old people, we analyse the development among old people with respect to turn-out, party-vote, unconventional political behaviour.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/wpsr/vol2/iss1/art1
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  • 171
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    The Corporate Context of Lobbying Activity (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Business and politics 8.2006, 1, art1 
    Details
    ISSN: 1369-5258
    Source: Berkeley Electronic Press Academic Journals
    Topics: Political Science , Economics
    Notes: Despite extensive research on political activity on the part of corporations, clear and consistent findings remain elusive. We identify three reasons for this failure. First, most of the empirical literature on corporate political activity simply studies the wrong phenomena by examining political action committees rather than lobbying more generally. Second, the literature studies an excessively narrow sample of organizations that might engage in lobbying, focusing almost always on extremely large corporations, which inevitably attenuates variance on many of the variables hypothesized to influence engagement in political activity. And third, prior work is rarely attentive to the diversity of corporate activities, narrowly conceptualizing vital aspects of the business context that might influence decisions to engage in political activity. Based on this critique, we develop and test new models of corporate political activity, finding that the diversity of the economic context within which firms work and firm size matter a great deal, if in ways somewhat different from those reported in prior work.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/bap/vol8/iss1/art1
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  • 172
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    Assessing Regional Cooperation in the Middle East (2006)
    Philadelphia, Pa. : Berkeley Electronic Press (now: De Gruyter)
    Peace economics, peace science and public policy 12 (2006), S. 3 
    Details
    ISSN: 1079-2457
    Source: Berkeley Electronic Press Academic Journals
    Topics: Political Science
    Notes: We identify market failures in the development of regional cooperation projects in the Middle East. We use a database of planned projects in the last decade and evaluate their qualities from three main perspectives: micro-economic viability, feasibility and regional impacts. Market failures are evaluated as the gaps between the values of these perspectives, and are assessed for various types of regional cooperation projects. We find that projects of cooperation in infrastructure and public services, on a bilateral or multilateral basis, defined here as ``high profile", are more characterized by heavier regional impacts, and therefore by stronger macro-economic externalities and socio-political externalities. The existence of such market failures requires a policy of stronger involvement of the public sector for the support of this type of projects. Business economic cooperation projects are mostly ``low profile" (implemented separately in single countries) and tend to be based on micro-economic viability and therefore do not require a significant public intervention.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/peps/vol12/iss1/3
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  • 173
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    Connecting: Perceptions of Becoming a Faculty Mentor (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of nursing education scholarship 3.2006, 1, art7 
    Details
    ISSN: 1548-923X
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine
    Notes: The school of nursing faculty at a liberal arts university created an innovative group-mentoring course to support students' progression through the undergraduate nursing program. The foundation of the mentoring program is the dynamic relationship between novice and expert. Students are enrolled in this one-hour course for each of their four semesters in the upper division nursing curriculum. Group membership (faculty and students) is consistent throughout this time. The mentoring course requires faculty to lead a process-oriented group. Faculty are confident in teaching courses that are content-driven but have struggled with the unstructured nature of facilitating a process-oriented group. Therefore, the role of group mentor has been identified by faculty as very challenging.The purpose of this study was to explore faculty members' perceptions of assuming the role of a group mentor. Eight subjects participated in audio-taped interviews guided by open-ended questions. Four themes emerged including uncertainty, evolution, mutuality, and milieu.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijnes/vol3/iss1/art7
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  • 174
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    Selecting and Applying Taxonomies for Learning Outcomes: A Nursing Example (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of nursing education scholarship 3.2006, 1, art10 
    Details
    ISSN: 1548-923X
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine
    Notes: In this manuscript procedures for selecting and applying taxonomies using nursing-related examples are described. Bloom's taxonomy and Gagne's instructional theory are compared. The author concludes that both taxonomies have much in common and are appropriate for use in nursing education.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijnes/vol3/iss1/art10
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  • 175
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    Electronic Resource
    What Does a Verdict Do? A Speech Act Analysis of Giving a Verdict (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International commentary on evidence 4.2006, 2, art1 
    Details
    ISSN: 1554-4567
    Source: Berkeley Electronic Press Academic Journals
    Topics: Law
    Notes: To give a legal verdict is to perform a speech act that carries many illocutionary forces. A verdict declares the institutional fact of (non-)guilt or (non-)liability; it asserts, on one interpretation, propositions of facts underlying or constitutive of the alleged guilt or liability, and, on a different interpretation, propositions about the legal proof of those facts; it ascribes legal character to the facts as found; it expresses a psychological state in relation to its propositional content, and, in some cases, with greater or lesser force, a negative attitude to the defendant's past conduct. A verdict can be evaluated on many different dimensions corresponding to the things that it does. As a declaration, it can be judged valid or not; as an assertion, it is true or false; and as an ascription, it is assessable in terms of right and wrong. So far as a verdict expresses belief, we demand that it be sincere and so far as it expresses condemnation, we require that the moral criticism be deserved. The aim of this essay is to provide a set of terminological apparatus with which analyses of the trial process may be conducted with greater clarity, and a framework within which to locate existing discussion of issues arising from such analyses.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ice/vol4/iss2/art1
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  • 176
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    Electronic Resource
    Educating the Future eHealth Professional Nurse (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of nursing education scholarship 3.2006, 1, art13 
    Details
    ISSN: 1548-923X
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine
    Notes: Nursing is at the cusp of a truly revolutionary time in its history with the emergence of electronic health (eHealth) technologies to support client care. However, technology itself will not transform healthcare without skilled practitioners who have the informatics background to practice in this new paradigm of client care. Nurse educators have been slow to react to the matter of the necessary knowledge, skills, and practice competencies required for nurses to function as eHealth practitioners. Specifically, undergraduate nursing education must take a proactive stance towards curriculum development in the areas of eHealth and informatics. The purpose of this paper, therefore, is to propose recommendations about the review and redesign of nursing curricula in relation to nursing informatics. Recommendations include increased information literacy education, interdisciplinary collaboration, and client-centred technologies. Recommendations for faculty development in nursing informatics are also provided.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijnes/vol3/iss1/art13
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  • 177
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    Electronic Resource
    End of Life Issues Action: Impact of Education (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of nursing education scholarship 3.2006, 1, art18 
    Details
    ISSN: 1548-923X
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine
    Notes: There is an increased momentum to improve nurses' expertise in dealing with end of life issues via a standardized education program, ELNEC. This program has not been evaluated systematically. This quasi-experimental, longitudinal study's goal was to measure ELNEC Program's impact on registered nurses' death anxiety, death attitudes, and knowledge over time. General Systems Theory provided the foundation. Nurses completed surveys prior to and 3 times after the program. Research and control groups were similar. Research group's death anxiety scores increased immediately post- program, decreased 6 months later (t=-2.65, p=.02) and returned to pre-program levels at 12 months. Death attitudes varied. Knowledge levels improved significantly. The control group had steady increases in death anxiety scores. The program was associated with decreased death anxiety. Recommendations include timing evaluations after participants have time for reflection and planning "booster programs" to sustain effects. Future studies should include larger samples, incentives, and research method triangulation.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijnes/vol3/iss1/art18
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  • 178
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    Electronic Resource
    Nursing EDGE: Evaluating Delegation Guidelines in Education (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of nursing education scholarship 3.2006, 1, art15 
    Details
    ISSN: 1548-923X
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine
    Notes: Delegation, an important concept for nursing students to learn and practice, is central to registered nurse (RN) performance, and important on the NCLEX-RN examination. Nursing faculty members from an ADN program designed a descriptive study to evaluate planned versus actual delegation in the curriculum, and a second study to evaluate an intervention on delegation. Study One assessed the presence of delegation in each nursing course. Statistical analysis compared the planned implementation with the results for student definitions of delegation, and identification of the five rights of delegation based on the National Council of State Boards of Nursing (NCSBN) definition and five rights. Study one results are shared. Study Two utilized a comparison of pre-to-post intervention measures. Students were asked to complete eight steps of a delegation exercise and determine what could be delegated to an unlicensed assistant, and what should be completed by the RN. Answers were coded and entered into SPSS. Statistical analysis compared each student's ability to correctly identify the five rights of delegation prior to the exercise, against the ability to correctly answer five questions two weeks post exercise. Significant improvement (p〈 0.05) occurred on each measure. Recommendations are discussed.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijnes/vol3/iss1/art15
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  • 179
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    Electronic Resource
    Conflict in the Preceptorship or Field Experience: A Rippling Tide of Silence (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of nursing education scholarship 3.2006, 1, art6 
    Details
    ISSN: 1548-923X
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine
    Notes: A major component of the educative process in the professional disciplines is the field education/preceptorship experience in which students are afforded opportunities to develop professional competence under the tutelage of a practising professional and/or a university instructor. During this time students are exposed to competing discourses about what it means to think and act as nurses, teachers, doctors and social workers. Frequently, field teaching is characterized by conflictual situations involving students, field instructors and university faculty. Such conflict is poorly understood as indicated by the lack of literature available in the professional disciplines. The purpose of this study was to explore the phenomenon of conflict within the context of field teaching in professional education. Pivotal to this study was the issue of making sense of the conflict that prospective nurses, teachers, social workers and doctors experience in professional education within the practice realm and how such discourses shape their professional identities, practices and ultimate social values. At issue is the social construction of meaning that takes place within professional education. This study was conducted from the perspective of four professional programs including education, medicine, nursing and social work. The researchers focused on the final year of each program at a time when students were engaged in a major field / preceptorship experience in hospitals, schools, communities and social agencies. The experiences derived from the nursing data are presented in this paper.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijnes/vol3/iss1/art6
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  • 180
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    Electronic Resource
    Reusable Learning Units: An Innovative Teaching Strategy for Online Nursing Education (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of nursing education scholarship 3.2006, 1, art28 
    Details
    ISSN: 1548-923X
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine
    Notes: Constructivist and adult learning theory provided the theoretical framework for reusable learning units (RLUs) developed for a Southeastern University's family nurse-practitioner and nurse-midwifery distance educational programs. Reusable learning units are an organized series of learning events that satisfy one or more interrelated learning objectives that cannot be broken down to component parts without losing semantic and pragmatic meaning. This paper describes the conceptual framework, background and history of RLUs, and collaborative efforts for development and implementation.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijnes/vol3/iss1/art28
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  • 181
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    Electronic Resource
    Fostering Academic Success of Mexican Americans in a BSN Program: An Educational Imperative (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    International journal of nursing education scholarship 3.2006, 1, art19 
    Details
    ISSN: 1548-923X
    Source: Berkeley Electronic Press Academic Journals
    Topics: Medicine
    Notes: Hispanic/Latinos are the fastest growing minority group in the U.S. and the most underrepresented in the U.S. nursing workforce. Although a body of knowledge is growing regarding factors that foster academic success of undergraduate nursing students of color, there is limited information about Hispanic students in general, and Mexican American students in particular in BSN programs. Explored in this qualitative study, were perceived influences of institutional and interpersonal factors on retention and graduation of nine Mexican American students from a predominantly White BSN program. The key findings include adequate financial assistance, maintaining bicultural relations, and experiencing authentic caring relationships from institutional agents, family, and peers as crucial factors in academic success. Recommendations for nursing faculty and administrators are offered.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijnes/vol3/iss1/art19
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  • 182
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    Electronic Resource
    A Regression Model for Dependent Gap Times (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    The @international journal of biostatistics 2 (2006), S. 1 
    Details
    ISSN: 1557-4679
    Source: Berkeley Electronic Press Academic Journals
    Topics: Biology , Mathematics , Medicine
    Notes: A natural choice of time scale for analyzing recurrent event data is the ``gap" (or soujourn) time between successive events. In many situations it is reasonable to assume correlation exists between the successive events experienced by a given subject. This paper looks at the problem of extending the accelerated failure time (AFT) model to the case of dependent recurrent event data via intensity modeling. Specifically, the accelerated gap times model of Strawderman (2005), a semiparametric intensity model for independent gap time data, is extended to the case of multiplicative gamma frailty. As argued in Aalen & Husebye (1991), incorporating frailty captures the heterogeneity between subjects and the ``hazard" portion of the intensity model captures gap time variation within a subject. Estimators are motivated using semiparametric efficiency theory and lead to useful generalizations of the rank statistics considered in Strawderman (2005). Several interesting distinctions arise in comparison to the Cox-Andersen-Gill frailty model (e.g., Nielsen et al, 1992; Klein, 1992). The proposed methodology is illustrated by simulation and data analysis.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijb/vol2/iss1/1
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  • 183
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    Electronic Resource
    Relationship between Derivatives of the Observed and Full Loglikelihoods and Application to Newton-Raphson Algorithm (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    The @international journal of biostatistics 2 (2006), S. 4 
    Details
    ISSN: 1557-4679
    Source: Berkeley Electronic Press Academic Journals
    Topics: Biology , Mathematics , Medicine
    Notes: In the case of incomplete data we give general relationships between the first and second derivatives of the loglikelihood relative to the full and the incomplete observation set-ups. In the case where these quantities are easy to compute for the full observation set-up we propose to compute their analogue for the incomplete observation set-up using the above mentioned relationships: this involves numerical integrations. Once we are able to compute these quantities, Newton-Raphson type algorithms can be applied to find the maximum likelihood estimators, together with estimates of their variances. We detail the application of this approach to parametric multiplicative frailty models and we show that the method works well in practice using both a real data and a simulated example. The proposed algorithm outperforms a Newton-Raphson type algorithm using numerical derivatives.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/ijb/vol2/iss1/4
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  • 184
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    Electronic Resource
    Pitching Statistics, Talent and Luck, and the Best Strikeout Seasons of All-Time (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of quantitative analysis in sports 2 (2006), S. 2 
    Details
    ISSN: 1559-0410
    Source: Berkeley Electronic Press Academic Journals
    Topics: Sports Science
    Notes: Many count statistics are used to evaluate pitchers such as the number of wins and losses, the number of strikeouts, the number of walks, and the number of runs allowed. For a given measure such as strikeouts, this paper focuses on the estimation of pitchers' probabilities of striking out a batter. The variation in the season strikeout rates among a group of pitchers is due to differences in the pitchers' probabilities and also due to chance binomial variation. Among all the various rates, we find that a strikeout rate is one of the most accurate estimates of the corresponding probability of a pitcher performing the associated task. We examine the distribution of strikeout, walk and runs-prevented "true" rates of pitchers across the years. By use of our model, we are able to judge the magnitude of a great strikeout season. A z-score statistic is used to rank the greatest strikeout seasons of baseball history and this ranking is contrasted with other traditional ways of ranking pitchers.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jqas/vol2/iss1/2
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  • 185
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    Electronic Resource
    The "Fair" Triathlon: Equating Standard Deviations Using Bayesian Nonlinear Models (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of quantitative analysis in sports 2 (2006), S. 3 
    Details
    ISSN: 1559-0410
    Source: Berkeley Electronic Press Academic Journals
    Topics: Sports Science
    Notes: The Ironman triathlon was created in 1978 by combining events with the longest distances for races then contested in Hawaii in swimming, cycling, and running. The Half Ironman triathlon was formed using half the distances of each of the events in the Ironman. The Olympic distance triathlon was created by combining events with the longest distances for races sanctioned by the major federations for swimming, cycling, and running. The relative importance of each event in overall race outcome was not given consideration when determining the distances of each of the races in modern triathlons. Thus, there is a general belief among triathletes that the swimming portion of the standard-distance triathlons is underweighted. We present a nonlinear Bayesian model for triathlon finishing times that models time and standard deviation of time as a function of distance. We use this model to create "fair" triathlons by equating the standard deviations of the times taken to complete the swimming, cycling, and running events. Thus, in these "fair" triathlons, a one standard deviation improvement in any event has an equivalent impact on overall race time. We conclude that a ratio of roughly 1:4:17 for swim distance to run distance to bike distance generates appropriate distances for a "fair" triathlon. So, for example, the Olympic triathlon swim distance should be increased from 1.5 km to 2.5 km to more fairly value each discipline in the race.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jqas/vol2/iss1/3
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  • 186
    Electronic Resource
    Electronic Resource
    Parity and Predictability of Competitions (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of quantitative analysis in sports 2 (2006), S. 1 
    Details
    ISSN: 1559-0410
    Source: Berkeley Electronic Press Academic Journals
    Topics: Sports Science
    Notes: We present an extensive statistical analysis of the results of all sports competitions in five major sports leagues in England and the United States. We characterize the parity among teams by the variance in the winning fraction from season-end standings data and quantify the predictability of games by the frequency of upsets from game results data. We introduce a novel mathematical model in which the underdog team wins with a fixed upset probability. This model quantitatively relates the parity among teams with the predictability of the games, and it can be used to estimate the upset frequency from standings data.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jqas/vol2/iss4/1
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  • 187
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    Electronic Resource
    A Simple and Flexible Rating Method for Predicting Success in the NCAA Basketball Tournament (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of quantitative analysis in sports 2 (2006), S. 3 
    Details
    ISSN: 1559-0410
    Source: Berkeley Electronic Press Academic Journals
    Topics: Sports Science
    Notes: This paper first presents a brief review of potential rating tools and methods for predicting success in the NCAA basketball tournament, including those methods (such as the Ratings Percentage Index, or RPI) that receive a great deal of weight in selecting and seeding teams for the tournament. The paper then proposes a simple and flexible rating method based on ordinal logistic regression and expectation (the OLRE method) that is designed to predict success for those teams selected to participate in the NCAA tournament. A simulation based on the parametric Bradley-Terry model for paired comparisons is used to demonstrate the ability of the computationally simple OLRE method to predict success in the tournament, using actual NCAA tournament data. Given that the proposed method can incorporate several different predictors of success in the NCAA tournament when calculating a rating, and has better predictive power than a model-based approach, it should be strongly considered as an alternative to other rating methods currently used to assign seeds and regions to the teams selected to play in the tournament.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jqas/vol2/iss3/3
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  • 188
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    Electronic Resource
    Review of Wages of Wins: A Reply (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of quantitative analysis in sports 2 (2006), S. 4 
    Details
    ISSN: 1559-0410
    Source: Berkeley Electronic Press Academic Journals
    Topics: Sports Science
    Notes: We provide a response to Beech's review of The Wages of Wins: Taking Measure of the Many Myths in Modern Sport in this journal. Specifically we are responding to three misinterpretations and/or misstatements in the book review. At the end of each section we explain the process in which we reach our conclusions and where we differ with the reviewer's ascertations.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jqas/vol2/iss4/4
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  • 189
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    Electronic Resource
    Hierarchical Linear Modeling of Individual Athlete Performance-Affect Relationships (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of quantitative analysis in sports 2 (2006), S. 2 
    Details
    ISSN: 1559-0410
    Source: Berkeley Electronic Press Academic Journals
    Topics: Sports Science
    Notes: A current approach to the empirical study of the relationship between affect and the performance of athletes before and during a competition is idiographic in nature. Affect-performance zones are estimated for each athlete based on a sufficient number of paired affect and performance observations. Though extremely important for practitioners, the idiographic approaches introduced in the literature until now do not readily support generalizations across different populations (e.g., for different genders, levels of experience, and levels of expertise). This article illustrates how hierarchical linear modeling (HLM) can be effectively used to retain this idiographic focus, while also adding a nomothetic perspective describing the variation of individual affect-performance relationships across athletes. The article illustrates the computational and graphical options that, when appropriately used, can expand our understanding of the affect-performance linkage for both individual cases and populations of interest.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jqas/vol2/iss2/2
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  • 190
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    Electronic Resource
    Using Variable Reduction Techniques and Tolerance Intervals to Summarise a Fitness Testing Battery in Soccer (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of quantitative analysis in sports 2 (2006), S. 2 
    Details
    ISSN: 1559-0410
    Source: Berkeley Electronic Press Academic Journals
    Topics: Sports Science
    Notes: The principal aim of the paper is to present an example of how statistical variable reduction techniques may be used as a method of summarising a large number of test results from a soccer youth development testing battery in a simple coherent manner. This procedure may facilitate a player's understanding of the test results and help identify weaknesses in a player's fitness profile. In addition, Tolerance Intervals for various fitness measurements were estimated which will serve as references for coaches when comparing the fitness levels of future players to those already at the club. The importance of using a Tolerance Interval rather than an interval estimate of a parameter when the emphasis is on providing a reference range is discussed.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jqas/vol2/iss4/2
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  • 191
    Electronic Resource
    Electronic Resource
    An Introduction to Auctions (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of industrial organization education 1 (2006), S. 5 
    Details
    ISSN: 1935-5041
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Notes: These lecture notes provide an introduction to auctions. They can be covered in two or three lectures. This material is appropriate for the last part of a first-year graduate industrial organization course or as an introduction to an auctions course.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jioe/vol1/iss1/5
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  • 192
    Electronic Resource
    Electronic Resource
    Experimental Duopoly in the Classroom (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of industrial organization education 1 (2006), S. 4 
    Details
    ISSN: 1935-5041
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Notes: This in-class duopoly game experiment allows students to learn about strategies and equilibria. It is appropriate for use in undergraduate and graduate classes and takes about two hours to complete.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jioe/vol1/iss1/4
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  • 193
    Electronic Resource
    Electronic Resource
    Voice-over-PowerPoint Recordings (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of industrial organization education 1 (2006), S. 7 
    Details
    ISSN: 1935-5041
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Notes: The first recording in this contribution offers instructions and tips for making voice-over-PowerPoint recordings. The second recording - an answer to an industrial organization homework assignment about the lemons problem - shows how these recordings can be used to complement classroom teaching.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jioe/vol1/iss1/7
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  • 194
    Electronic Resource
    Electronic Resource
    Cartels (2006)
    Berkeley, Calif. : Berkeley Electronic Press (now: De Gruyter)
    Journal of industrial organization education 1 (2006), S. 6 
    Details
    ISSN: 1935-5041
    Source: Berkeley Electronic Press Academic Journals
    Topics: Economics
    Notes: This lecture, PowerPoint slides, and movie provide a relatively non-technical introduction to cartels. After describing the characteristics of cartels predicted by economic theory, the instructor shows a movie of the "secret" meetings of the lysine cartel. This movie demonstrates that an actual cartel behaves as economic theories predict. Although the lecture is designed for undergraduates, graduate students normally enjoy this introduction as a break from more technical material. The lecture and the accompanying PowerPoint slides take up the first hour of a 90 minute class, and the movie (roughly 24 minutes) takes up the rest of the time. The lecture can be reduced to an hour by skipping the game theory section and going lightly over a few other areas.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/jioe/vol1/iss1/6
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  • 195
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    Electronic Resource
    Instrumental-Variables Estimation in Markov Switching Models with Endogenous Explanatory Variables: An Application to the Term Structure of Interest Rates (2006)
    Cambridge, Mass. : Berkeley Electronic Press (now: De Gruyter)
    Studies in nonlinear dynamics and econometrics 10.2006, 2, art1 
    Details
    ISSN: 1081-1826
    Source: Berkeley Electronic Press Academic Journals
    Topics: Mathematics , Economics
    Notes: This paper considers the problem of estimating Markov regime switching models with endogenous explanatory variables. When the data-generating process for consumption is subject to Markov regime switching, the standard model for the term structure of interest rates based on the Euler equations for a utility-maximizing agent implies the presence of a time-varying risk premium which is also subject to Markov regime shifts. Under such conditions, the regression equations that are typically used to test the expectations hypothesis of the term structure do not only have regime-dependent parameters but also endogenous regressors (that is right-hand-side variables which are correlated with the disturbances within each regime). Using three-month and six-month interest rates for the G7 countries, we show that the (generalized) expectations hypothesis cannot be rejected when we allow for a risk premium with Markov regimes, provided that instrumental variables are used to account for endogeneity.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/snde/vol10/iss2/art1
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  • 196
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    Electronic Resource
    Heterogeneous Consumption Goods, Sectoral Change, and Economic Growth (2006)
    Cambridge, Mass. : Berkeley Electronic Press (now: De Gruyter)
    Studies in nonlinear dynamics and econometrics 10.2006, 1, art2 
    Details
    ISSN: 1081-1826
    Source: Berkeley Electronic Press Academic Journals
    Topics: Mathematics , Economics
    Notes: This paper sets up a simple AK-type growth model with heterogeneous consumption goods. It is shown that the (overall) intertemporal elasticity of substitution, the saving rate, and the growth rate of income unambiguously increase in the course of economic development. Moreover, the model offers an intuitive explanation of sectoral change. It is demonstrated that there are a number of implications which are in line with the empirical evidence on economic growth and sectoral change.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/snde/vol10/iss1/art2
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  • 197
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    Electronic Resource
    Randomly Modulated Periodic Signals in Alberta's Electricity Market (2006)
    Cambridge, Mass. : Berkeley Electronic Press (now: De Gruyter)
    Studies in nonlinear dynamics and econometrics 10.2006, 3, art5 
    Details
    ISSN: 1081-1826
    Source: Berkeley Electronic Press Academic Journals
    Topics: Mathematics , Economics
    Notes: This paper uses hourly electricity prices and MW hour demand for Alberta, Canada over the deregulated period after 1996 to test for randomly modulated periodicity. In doing so, we apply the signal coherence spectral analysis to the time series of hourly spot prices and megawatt-hours (MWh) demand from 1/1/1996 to 12/7/2003 using the FORTRAN 95 program developed by Hinich (2000). We detect relatively steady weekly and daily cycles in demand but very unstable cycles in prices.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/snde/vol10/iss3/art5
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  • 198
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    Electronic Resource
    The Nature of Power Spikes: A Regime-Switch Approach (2006)
    Cambridge, Mass. : Berkeley Electronic Press (now: De Gruyter)
    Studies in nonlinear dynamics and econometrics 10.2006, 3, art3 
    Details
    ISSN: 1081-1826
    Source: Berkeley Electronic Press Academic Journals
    Topics: Mathematics , Economics
    Notes: Due to its non-storable nature, electricity is a commodity with probably the most volatile spot prices, exemplified by occasional spikes. Appropriate pricing, portfolio, and risk management models have to incorporate these characteristics, and the spikes in particular. We investigate the nature of power spikes in a number of different markets. We test what time-series model is best able to capture the dynamics of these disruptive spot prices. We use regime-switching models to infer whether the price spikes should be treated as abnormal and independent deviations from the 'normal' price dynamics or whether they form an integral part of the price process. We test the time-series models on day-ahead markets in Europe and the US. We find that regime-switch models are better able to capture the market dynamics than a GARCH(1,1) or Poisson jump model. We also find clear differences between the markets and attribute part of the differences to the share of hydro-power in the total supply stack: hydro-power serves as an indirect means to store electricity, which has a dampening effect on spikes.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/snde/vol10/iss3/art3
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  • 199
    Electronic Resource
    Electronic Resource
    Risk Management and the Role of Spot Price Predictions in the Australian Retail Electricity Market (2006)
    Cambridge, Mass. : Berkeley Electronic Press (now: De Gruyter)
    Studies in nonlinear dynamics and econometrics 10.2006, 3, art4 
    Details
    ISSN: 1081-1826
    Source: Berkeley Electronic Press Academic Journals
    Topics: Mathematics , Economics
    Notes: This study investigates the extent to which predicted electricity spot prices from a statistical model, along with consensus forecasts issued by the Australian Financial Market Association (AFMA), provide unbiased price estimates of a forward contract price over a specified time to expiration. The statistical model is a regime switching time series model which is based on the dynamics of the market mechanism. To evaluate a price estimate, two criteria are utilized in order to conclude appropriateness for use in the marking-to-market process. First is the requirement that the predicted prices converge to the spot price at expiration of a hedging contract. The second criterion refers to the mis-pricing due to the price estimates over the days leading up to the contract expiration. Over the data period under consideration, the ranking of alternatives for generating price predictions is clear. On both criteria the Stevenson (2001) model is preferred. Of significance is the lack of support for the consensus (market) prices. They do not converge to the spot price at equilibrium and, further, they generate a considerable overvaluation of the risk management portfolio.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/snde/vol10/iss3/art4
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  • 200
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    Electronic Resource
    Corrigendum to "Are Real Exchange Rates Nonlinear or Non-Stationary? Evidence from a New Threshold Unit Root Test" (2006)
    Cambridge, Mass. : Berkeley Electronic Press (now: De Gruyter)
    Studies in nonlinear dynamics and econometrics 10.2006, 2, replication1 
    Details
    ISSN: 1081-1826
    Source: Berkeley Electronic Press Academic Journals
    Topics: Mathematics , Economics
    Notes: This is a corrigendum. We correct the mistakes in Basci and Caner, "Are Real Exchange Rates Nonlinear or Non-stationary? Evidence from a New Threshold Unit Root Test" 2005, vol.9.4, Article 2.
    Type of Medium: Electronic Resource
    URL: http://www.bepress.com/snde/vol10/iss2/replication1
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