Social and Behavioral Sciences Commons^™

Antitrust Liability For False Advertising: A Response To Carrier & Tushnet, Susannah Gagnon, Herbert J. Hovenkamp

All Faculty Scholarship

This reply briefly considers when false advertising can give rise to antitrust liability. The biggest difference between tort and antitrust liability is that the latter requires harm to the market, which is critically dependent on actual consumer response. As a result, the biggest hurdle a private plaintiff faces in turning an act of false advertising into an antitrust offense is proof of causation – to what extent can a decline in purchase volume or other market rejection be specifically attributed to the defendant’s false claims? That requirement dooms the great majority of false advertising claims attacked as violations of the …

The Role Of Force Dynamic Schemas In The Comprehension Of Causal Language, Dawson Petersen

Theses and Dissertations

The current study is an attempt to empirically test the predictions of Talmy’s (1988) force dynamics. Specifically, Talmy argues that causal sentences are understood by reference to basic image schemas, such as Starting and Stopping. While many of the predictions of other cognitive linguistic models, such as Lakoff and Johnson’s (1980) conceptual metaphor theory, have been tested empirically by psycholinguists (Fischer & Zwaan, 2008; Gibbs, 2006; Boroditsky & Ramscar, 2002), force dynamics has received very little empirical attention (I am only aware of Wolff & Song, 2003), in spite of its productivity in formal linguistics.

The current study aims to …

Antitrust Harm And Causation, Herbert J. Hovenkamp

All Faculty Scholarship

How should plaintiffs show harm from antitrust violations? The inquiry naturally breaks into two issues: first, what is the nature of the harm? and second, what does proof of causation require? The best criterion for assessing harm is likely or reasonably anticipated output effects. Antitrust’s goal should be output as high as is consistent with sustainable competition.

The standard for proof of causation then depends on two things: the identity of the enforcer and the remedy that the plaintiff is seeking. It does not necessarily depend on which antitrust statute the plaintiff is seeking to enforce. For public agencies, enforcement …

National Material Capability Buildup And The Rank-Magnitude Distribution Of Wars, Matthew Felice

FIU Electronic Theses and Dissertations

Are there physical laws, rather than conventions like diplomacy, that determine when war will break out and how severe it will be? On the eve of World War II, L. F. Richardson discovered a curious pattern: Major wars are rare and minor wars are common to such a predictable degree that the size-frequency offset can be plotted with a straight line. Complex-systems theorists have since confirmed those findings and tested them with computer models. Yet none of the research has fully synthesized this law-like observation with the established theoretical approaches in international relations that would apply, such as power transition …

Interpreting Intentions: Evidence For Cross-Language Influences In Bilinguals, Maziyah Mohamed

Electronic Thesis and Dissertation Repository

In Malay, accidental actions are marked with the prefix -ter. Malay speakers typically assume a deliberate intent when the prefix is absent. I investigated whether Malay-English bilinguals are more likely than English monolinguals to interpret actions in English sentences as deliberate when they are not clearly indicated as being accidental. In Experiment 1, Malay speakers completed a recognition memory task. The results showed that Malay speakers remembered unintentionality accurately. This accuracy in remembering unintentionality suggests that Malay speakers encode the intentions of others. In Experiment 2, participants completed a cross-modal priming task. They first heard scenarios in which a …

Taking Multiple Regression Analysis To Task: A Review Of Mindware: Tools For Smart Thinking, By Richard Nisbett (2015), Jason Makansi

Numeracy

Richard Nisbett. 2015. Mindware: Tools for Smart Thinking.(New York, NY: Farrar, Strauss, and Giroux). 336 pp. ISBN: 9780374536244

Nisbett, a psychologist, may not achieve his stated goal of teaching readers to “effortlessly” extend their common sense when it comes to quantitative analysis applied to everyday issues, but his critique of multiple regression analysis (MRA) in the middle chapters of Mindware is worth attention from, and contemplation by, the QL/QR and Numeracy community. While in at least one other source, Nisbett’s critique has been called a “crusade” against MRA, what he really advocates is that it not be used as …

The Puzzle Of Inciting Suicide, Guyora Binder, Luis E. Chiesa

Journal Articles

In 2017, a Massachusetts court convicted Michelle Carter of manslaughter for encouraging the suicide of Conrad Roy by text message, but imposed a sentence of only 15 months. The conviction was unprecedented in imposing homicide liability for verbal encouragement of apparently voluntary suicide. Yet if Carter killed, her purpose that Roy die arguably merited liability for murder and a much longer sentence. This Article argues that our ambivalence about whether and how much to punish Carter reflects suicide’s dual character as both a harm to be prevented and a choice to be respected. As such, the Carter case requires us …

The Role Of Fault In § 1983 Municipal Liability, Michael Wells

Scholarly Works

Under Monell v. Department of Social Services, local governments are not vicariously liable for constitutional violations committed by their employees. Those governments, however, are liable under 42 U.S.C. § 1983 for violations committed by "policymaking" officials. In the face of these two principles, courts have struggled with cases in which an underling commits a constitutional violation and the claim of municipal liability is based on a policymaker's failure to prevent it. The government can be liable in these "indirect-effect" cases for a policymaker's "deliberate indifference" to safeguarding constitutional rights, a standard that demands an even greater showing of culpability than …

Culminating And Non-Culminating Accomplishments In Malagasy, Ileana Paul, Baholisoa Simone Ralalaoherivony, Henriëtte De Swart

French Studies Publications

Malagasy is a language with non-culminating accomplishments. There is, however, a specific prefix (maha-), which appears to entail culmination. Moreover, verbs prefixed with maha- display a range of interpretations: causative, abilitive, ‘manage to’, and unintentionality. This paper accounts for these two aspects of this prefix with a unified semantic analysis. In particular, maha- encodes double prevention, as proposed by Wolff (2007, 2014) for English predicates like enable. The double prevention configuration is associated with a circumstantial modal base, which leads to culminating readings in the past and future. As such, this paper supports a more fine-grained theory of causation.

The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax

All Faculty Scholarship

A recent body of work in neuroscience examines the brains of people suffering from social and economic disadvantage. This article assesses claims that this research can help generate more effective strategies for addressing these social conditions and their effects. It concludes that the so-called neuroscience of deprivation has no unique practical payoff, and that scientists, journalists, and policy-makers should stop claiming otherwise. Because this research does not, and generally cannot, distinguish between innate versus environmental causes of brain characteristics, it cannot predict whether neurological and behavioral deficits can be addressed by reducing social deprivation. Also, knowledge of brain mechanisms yields …

Culminating And Non-Culminating Accomplishments In Malagasy, Ileana Paul, Baholisoa Simone Ralalaoherivony, Henriëtte De Swart

Ileana Paul

Insects Have Agency But Probably Not Sentience Because They Lack Social Bonding, J. H. Van Hateren

Animal Sentience

Klein & Barron (2016) argue that insects have sentience because of functional similarities between the insect brain and vertebrate midbrain. Based on a recent theory of agency and consciousness, I argue that the functional similarities merely point to an advanced form of agency. Insects presumably lack the capacity for social bonding that may be required for subjective experiencing.

On The Prospect Of A Cognitive Sociology Of Law: Recognizing The Inequality Of Contract, Michael W. Raphael

Graduate Student Publications and Research

One of the few basic premises that sociological analysis assumes is a general answer to the question of how society is organized according to some sort of agreement or contract. Elucidating how this question is still unsettled requires an exploration of how several prominent thinkers have considered what the basis for society is and how it is related to justice founded in the cognitive sociological basis of individuality. Drawing on the cognitive and cultural turn, this critique offers a revision of the structure-agency problem and examines the implications for a sociological conception of freedom and a corresponding concept of causation …

A Comparative Study Of The Assyrian And Guatemalan Genocides, Bernadette Mary Lazar

UNLV Theses, Dissertations, Professional Papers, and Capstones

This century has witnessed many genocides throughout the world by the hands of leaders and citizens alike. These unjustifiable acts have not failed to exist even today. Although a lot of research and scholarly work has been dedicated towards the study of genocide, there is no single reason as to why it occurs; rather there are many theories that indicate what leads to genocide. The question still remains why does genocide happen? This thesis will attempt to answer this question by analyzing various theoretical perspectives, as well as comparatively observing two case studies that have not been extensively discussed. In …

Introduction: Cyber And The Changing Face Of War, Claire Oakes Finkelstein, Kevin H. Govern

All Faculty Scholarship

Cyberweapons and cyberwarfare are one of the most dangerous innovations of recent years, and a significant threat to national security. Cyberweapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Cyberwarfare occupies an ambiguous status in the conventions of the laws of war. This book addresses Ethical and legal issues surrounding cyberwarfare by considering whether the Laws of Armed Conflict apply to cyberspace and the ethical position of cyberwarfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal …

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Ken Levy

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

Concepts Of Law, Mathew D. Mccubbins, Mark Turner

Faculty Scholarship

No abstract provided.

An Inconvenient Lie: Big Tobacco Was Put On Trial For Denying The Effects Of Smoking; Is Climate Change Denial Off-Limits?, Elizabeth Dubats

Northwestern Journal of Law & Social Policy

Plaintiffs have made several notable attempts to bring nuisance, trespass, and negligence suits against major sources of greenhouse gas emissions for climate change related injuries. While climate change is a widely recognized environmental issue, courts have refused to recognize it as a basis for a valid cause of action in tort, finding either petitioners lack standing to bring the claim, or that the claim raises political questions that should not be addressed by the judiciary. Some more recent climate change tort claims have also included allegations of fraud on the part of the hydrocarbon industry for actively perpetuating misinformation about …

Mechanisms (Oxford), Stuart Glennan

Stuart Glennan

Mechanism is undoubtedly a causal concept, in the sense that ordinary definitions and philosophical analyses explicate the concept in terms of other causal concepts such as production and interaction. Given this fact, many philosophers have supposed that analyses of the concept of mechanism, while they might appeal to philosophical theories about the nature of causation, could do little to inform such theories. On the other hand, methods of causal inference and explanation appeal to mechanisms. Discovering a mechanism is the gold standard for establishing and explaining causal connections. This fact suggests that it might be possible to provide an analysis …

Immobilizing Conceptual Debates, Jonas Claes

Human Rights & Human Welfare

In “Think Again: Failed States,” James Traub argues that “state failure” is a failed concept. Prioritizing efforts to prevent or address state fragility, weakness, or failure may seem impractical given the conceptual breadth of this systemic challenge. Like globalization, human security, or climate change, state failure contains so many aspects that it becomes analytically useless. But the need to rethink this garbage-can concept—everything can be thrown in—does not keep us from addressing the litany of well-understood challenges subsumed within.

Genetics And Criminal Responsibility, Stephen J. Morse

All Faculty Scholarship

Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred.

Singular And General Causal Relations: A Mechanist Perspective, Stuart Glennan

Stuart Glennan

My aim in this paper is to make a case for the singularist view from the perspective of a mechanical theory of causation (Glennan 1996, 1997, 2010, forthcoming), and to explain what, from this perspective, causal generalizations mean, and what role they play within the mechanical theory.

Singular And General Causal Relations: A Mechanist Perspective, Stuart Glennan

Scholarship and Professional Work - LAS

My aim in this paper is to make a case for the singularist view from the perspective of a mechanical theory of causation (Glennan 1996, 1997, 2010, forthcoming), and to explain what, from this perspective, causal generalizations mean, and what role they play within the mechanical theory.

Does It Hurt A State To Introduce An Income Tax?, David J. Shakow

All Faculty Scholarship

In an article in the Wall Street Journal, Arthur Laffer argued that, since 1960, the introduction of state income taxes reduced the relative size of a state’s gross state product and its relative per capita personal income. This paper criticizes Laffer’s conclusions on a number of grounds. 1. He uses incorrect figures for per capita income. In fact, relative per capita income rose in a majority of states that introduced an income tax since 1960. 2. The results are not clear when a state’s data is compared to other states in its region, rather than to the United States as …

The Not-So-Quiet Revolution: Cautionary Comments On The Rejection Of Hypothesis Testing In Favor Of A “Causal” Modeling Alternative, Daniel H. Robinson, Joel R. Levin

Journal of Modern Applied Statistical Methods

Rodgers (2010) recently applauded a revolution involving the increased use of statistical modeling techniques. It is argued that such use may have a downside, citing empirical evidence in educational psychology that modeling techniques are often applied in cross-sectional, correlational studies to produce unjustified causal conclusions and prescriptive statements.

Causal Effects Of Single-Sex Schools On College Entrance Exams And College Attendance: Random Assignment In Seoul High Schools, Hyunjoon Park, Jere R. Behrman, Jaesung Choi

Hyunjoon Park

Despite the voluminous literature on the potentials of single-sex schools, there is no consensus on the effects of single-sex schools because of student selection of school types. We exploit a unique feature of schooling in Seoul, the random assignment of students into single-sex versus coeducational high schools, to assess causal effects of single-sex schools on college entrance exam scores and college attendance. Our validation of the random assignment shows comparable socioeconomic backgrounds and prior academic achievement of students attending single-sex schools and coeducational schools, which increases the credibility of our causal estimates of single-sex school effects. Attending all-boys schools or …

Mechanisms (Oxford), Stuart Glennan

Scholarship and Professional Work - LAS

Mechanism is undoubtedly a causal concept, in the sense that ordinary definitions and philosophical analyses explicate the concept in terms of other causal concepts such as production and interaction. Given this fact, many philosophers have supposed that analyses of the concept of mechanism, while they might appeal to philosophical theories about the nature of causation, could do little to inform such theories. On the other hand, methods of causal inference and explanation appeal to mechanisms. Discovering a mechanism is the gold standard for establishing and explaining causal connections. This fact suggests that it might be possible to provide an analysis …

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Journal Articles

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

Revisiting State Failure: Developing A Causal Model Of State Failure Based Upon Theoretical Insight, Tiffiany O. Howard

Political Science Faculty Research

Developing a theoretically driven causal model of state failure is necessary if scholars are committed to improving the predictive power and forecasting ability of early warning models of state failure. Building upon the work of the State Failure Project(1) and earlier statistical models of state failure(2), this study develops a causal model of state failure that is based upon a theoretical foundation that satisfies the parsimonious condition that policy forecasting models typically rely upon. The statistical model of state failure developed for this analysis extends the work of previous models by developing an alternative definition and measurement of state failure …

Social Isolation: A Study Of Causal Factors In Homeless Families, Samuel Ross Birdsall

Theses Digitization Project

No abstract provided.