Digital Commons Network^™

Revenge Of The Steamroller: Abcp As A Window On Risk Choices, Carlos Arteta, Mark Carey, Ricardo Correa, Jason Kotter

Faculty Publications

We empirically examine financial institutions’ motivations to take systematic bad-tail risk in the form of sponsorship of credit-arbitrage asset-backed commercial paper vehicles. A run on debt issued by such vehicles played a key role in causing and propagating the liquidity crisis that began in the summer of 2007. We find evidence consistent with important roles for both ownermanager agency problems and government-induced distortions, especially government control or ownership of banks.

Taking “Fun And Games” Seriously: Proposing The Hedonic-Motivation System Adoption Model (Hmsam), Paul Benjamin Lowry, Bryan Hammer, James Eric Gaskin, Tom L. Roberts, Nathan W. Twyman

Faculty Publications

Hedonic-motivation systems (HMS)—systems used primarily to fulfill users’ intrinsic motivations—are the elephant in the room for IS research. Growth in HMS sales has outperformed utilitarian-motivation systems (UMS) sales for more than a decade, generating billions in revenue annually; yet IS research focuses mostly on UMS. In this study, we explain the role of intrinsic motivations in systems use and propose the hedonic-motivation system adoption model (HMSAM) to improve the understanding of HMS adoption. Instead of a minor, general TAM extension, HMSAM is an HMS-specific system acceptance model based on an alternative theoretical perspective, which is in turn grounded in flow-based …

What, I Shouldn’T Have Done That?: The Influence Of Training And Just-In-Time Reminders On Secure Behavior, Jeffrey L. Jenkins, Alexandra Durcikova

Faculty Publications

Organizations often implement Security Education, Training, and Awareness (SETA) programs to help improve secure behavior. SETA programs can be multifaceted; however, organizations often take a “one-size-fits-all” approach to improve security, without understanding how different SETA components influence behavior. In this research, we explain how two common SETA program components—online training and reminders—influence behavior through discrete theoretical mechanisms. First, we hypothesize that online training influences behavior through improving beliefs and intentions. However, because of dual-task interference, the relationship between beliefs and intentions may be hindered. We then explain how just-in-time reminders can help overcome dual-task interference and influence behavior directly. We …

Exploring The Effect Of Arousal And Valence On Mouse Interaction, G. Mark Grimes, Jeffrey L. Jenkins, Joseph S. Valacich

Faculty Publications

Determining a user’s affective state can be an important element when trying to understand human-computer interactions. Accurately assessing affect during system use, however, can be very difficult, especially in a non-laboratory setting. Extensive previous research in neuroscience has shown that arousal and valence influence motor control. In this research, the prior relevant neuroscience findings inform the investigation of mouse movement behavior under conditions of low and high arousal as well as positive and negative valence. A controlled laboratory experiment was conducted, providing support for hypotheses predicting that arousal and valence may be inferred by monitoring for differences in the distance, …

From Berne To Beijing: A Critical Perspective, David L. Lange

Faculty Scholarship

Remarking on the Beijing Treaty on Audiovisual Performances at the Vanderbilt Journal of Entertainment & Technology Law’s Symposium, From Berne to Beijing, Professor Lange expressed general misgivings about exercising the Treaty Power in ways that alter the nature of US copyright law and impinge on other constitutional rights. This edited version of those Remarks explains Professor Lange’s preference for legislation grounded squarely in the traditional jurisprudence of the Copyright Clause, the First Amendment, and the public domain, and his preference for contracting around established expectations rather than reworking default rules through treaties. It continues by exploring the particular costs associated …

A Research Agenda For Uncooperative Federalists, Ernest A. Young

Faculty Scholarship

No abstract provided.

The Impact Of Medical Liability Standards On Regional Variations In Physician Behavior: Evidence From The Adoption Of National-Standard Rules, Michael D. Frakes

Faculty Scholarship

I explore the association between regional variations in physician behavior and the geographical scope of malpractice standards of care. I estimate a 30–50 percent reduction in the gap between state and national utilization rates of various treatments and diagnostic procedures following the adoption of a rule requiring physicians to follow national, as opposed to local, standards. These findings suggest that standardization in malpractice law may lead to greater standardization in practices and, more generally, that physicians may indeed adhere to specific liability standards. In connection with the estimated convergence in practices, I observe no associated changes in patient health.

Validating The Right To Counsel, Brandon L. Garrett

Faculty Scholarship

This Essay, written as part of a Symposium celebrating the 50th Anniversary of Gideon v. Wainwright, focuses on the elaboration of the Gideon right in the context of ineffective assistance of counsel litigation. First, I describe how ineffective assistance of counsel claims came to dominate and define federal habeas corpus litigation, changing the structure of state post-conviction rules in reaction to the new prominence of ineffective assistance of counsel claims at the federal level, expanding to consider assistance of counsel during plea bargaining, and raising complex questions for post-conviction courts. Despite the ubiquity of ineffective assistance of counsel claims, the …

Don’T ‘Screw Joe The Plummer’: The Sausage-Making Of Financial Reform, Kimberly D. Krawiec

Faculty Scholarship

This Article examines agency-level activity during the preproposal rulemaking phase—a time period about which little is known despite its importance to policy outcomes—through an analysis of federal agency activity in connection with section 619 of the Dodd–Frank Act, popularly known as the Volcker Rule. By capitalizing on transparency efforts specific to Dodd–Frank, I am able to access information on agency contacts whose disclosure is not required by the Administrative Procedure Act and, therefore, not typically available to researchers.

I analyze the roughly 8,000 public comment letters received by the Financial Stability Oversight Council in advance of its study regarding Volcker …

Ring-Fencing, Steven L. Schwarcz

Faculty Scholarship

“Ring-fencing” is often touted as a regulatory solution to problems in banking, finance, public utilities, and insurance. However, both the precise meaning of ring-fencing, as well as the nature of the problems that ring-fencing regulation purports to solve, are ill defined. This article examines the functions and conceptual foundations of ring-fencing. In a regulatory context, the term can best be understood as legally deconstructing a firm in order to more optimally reallocate and reduce risk. So utilized, ring-fencing can help to protect public-benefit activities performed by private-sector firms, as well as to mitigate systemic risk and the too-big-to-fail problem inherent …

In The Absence Of Scrutiny: Narratives Of Probable Cause, Mitu Gulati, Jack Knight, David F. Levi

Faculty Scholarship

This Article reports on a set of roughly thirty interviews with federal magistrate judges. The focus of the interviews was the impact of the Supreme Court case, United States v. Leon, on the behavior of magistrate judges. Leon, famously, put in place the "good faith" exception for faulty warrants that were obtained by the officers in good faith. The insertion of this exception diminished significantly the incentive for defendants to challenge problematic warrant grants. That effect, in turn, could have diminished the incentive for magistrate judge scrutiny of the warrants at the front end of the process. We do not …

The Story Of Ewing: Three Strikes Laws And The Limits Of The Eighth Amendment Proportionality Review, Sara Sun Beale

Faculty Scholarship

In 1994 California enacted the nation's harshest "three strikes" law. Under this law, any felony can serve as a third strike, and conviction of a third strike requires a mandatory prison sentence of 25 years to life. In Ewing v. California, 538 U.S. 11 (2003), the Supreme Court held that sending a drug addict who shoplifted three golf clubs to prison for 25 years to life under the three strikes law did not violate the cruel and unusual punishment clause of the Eighth Amendment. The chapter for the forthcoming Criminal Law Stories tells the story of the Ewing case, describing …

Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin

Faculty Scholarship

No abstract provided.

The “Unwritten Constitution” And Unwritten Law, Stephen E. Sachs

Faculty Scholarship

America’s Unwritten Constitution is a prod to the profession to look for legal rules outside the Constitution’s text. This is a good thing, as outside the text there’s a vast amount of law—the everyday, nonconstitutional law, written and unwritten, that structures our government and society. Despite the book’s unorthodox framing, many of its claims can be reinterpreted in fully conventional legal terms, as the product of the text’s interaction with ordinary rules of law and language.

This very orthodoxy, though, may undermine Akhil Amar’s case that America truly has an “unwritten Constitution.” In seeking to harmonize the text with deep …

Anticipatory Self-Defense And The Israeli-Iranian Crisis: Some Remarks, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Family History: Inside And Out, Kerry Abrams

Faculty Scholarship

No abstract provided.

Plenary Power Preemption, Kerry Abrams

Faculty Scholarship

No abstract provided.

The End Of Annulment, Kerry Abrams

Faculty Scholarship

No abstract provided.

What Makes The Family Special?, Kerry Abrams

Faculty Scholarship

No abstract provided.