Why Enable Litigation? A Positive Externalities Theory of the Small Claims Class Action

This Article appears in a Symposium commemorating the Supreme Court's decision in Phillips Petroleum Co. v. Shutts. The legal claims that gave rise to Shutts were meritorious, yet of relatively modest value. Individuals are unlikely to litigate such negative value claims because the costs of doing so outweigh the benefits they will receive; defendants are well-situated to escape liability. Conventionally, scholars describe this situation as posing a collective action problem and demonstrate how the class action mechanism works to solve that problem. In this Article, I discuss the problem of negative value claims in a related yet distinct manner. The fact that parties will not pursue these claims is, I argue, an example of the underproduction of a so-called public good. That good is a lawsuit. Litigation can be conceptualized as a public good, with its pursuit producing positive externalities. The Article enumerates these collateral social benefits, grouping them as: 1) decree effects; 2) settlement effects; 3) threat effects; and 4) institutional effects. The addition of this analysis to the scholarly literature serves several functions. Among these is that it illuminates how little collective action really takes places in small claims cases; how relatively unimportant the compensatory aspects of the case are compared to its other social functions; how the concept of deterrence does not capture these non-compensatory benefits as well as the concept of externalities does; and how small claims class actions are more like other types of class cases than generally presumed

Research study on materials processing in space, experiment M512

Gallium arsenide, a commercially valuable semiconductor, has been prepared from the melt (M.P. 1237C), by vapor growth, and by growth from metallic solutions. It has been established that growth from metallic solution can produce material with high, and perhaps with the highest possible, chemical homogeneity and crystalline perfection. Growth of GaAs from metallic solution can be performed at relatively low temperatures (about 600C) and is relatively insensitive to temperature fluctuations. However, this type of crystal growth is subject to the decided disadvantage that density induced convection currents may produce variations in rates of growth at a growing surface. This problem would be minimized under reduced gravity conditions

THE PRICE WE PAY: The Efficacy Requirement for New Drugs Under the Food, Drug and Cosmetic Act

The newly sworn Republican-controlled Congress has, as one of its primary objectives, the downsizing of government. Speaker Newt Gingrich has specifically targeted the federal Food and Drug Administration (FDA) for the conservative wrath. The political climate that led to the change in power in Congress is partly based on the nation's anti-regulatory demeanor -- the belief, whether correct or mistaken, that the regulators have run riot, that there is too much power in the hands of a few appointed bureaucrats. The FDA draws specific attention because of the palpable effects of its rulings in the lives of all citizens. Specifically, the requirements for the pre-market approval of new drugs have been criticized for being too cumbersome. This paper will attempt to draw a compromise between the observed problem of overregulation in that area and the still important policies underlying the federal Food, Drug, and Cosmetic Act (FDCA). It will call for the elimination of the efficacy requirement for new drug applications (NDA) as a way to reduce the costs of developing new drugs, while maintaining the safely requirement in order to ensure the public health

Methodology for urban rail and construction technology research and development planning

A series of transit system visits, organized by the American Public Transit Association (APTA), was conducted in which the system operators identified the most pressing development needs. These varied by property and were reformulated into a series of potential projects. To assist in the evaluation, a data base useful for estimating the present capital and operating costs of various transit system elements was generated from published data. An evaluation model was developed which considered the rate of deployment of the research and development project, potential benefits, development time and cost. An outline of an evaluation methodology that considered benefits other than capital and operating cost savings was also presented. During the course of the study, five candidate projects were selected for detailed investigation; (1) air comfort systems; (2) solid state auxiliary power conditioners; (3) door systems; (4) escalators; and (5) fare collection systems. Application of the evaluation model to these five examples showed the usefulness of modeling deployment rates and indicated a need to increase the scope of the model to quantitatively consider reliability impacts

Unfolding cross-linkers as rheology regulators in F-actin networks

We report on the nonlinear mechanical properties of a statistically homogeneous, isotropic semiflexible network cross-linked by polymers containing numerous small unfolding domains, such as the ubiquitous F-actin cross-linker Filamin. We show that the inclusion of such proteins has a dramatic effect on the large strain behavior of the network. Beyond a strain threshold, which depends on network density, the unfolding of protein domains leads to bulk shear softening. Past this critical strain, the network spontaneously organizes itself so that an appreciable fraction of the Filamin cross-linkers are at the threshold of domain unfolding. We discuss via a simple mean-field model the cause of this network organization and suggest that it may be the source of power-law relaxation observed in in vitro and in intracellular microrheology experiments. We present data which fully justifies our model for a simplified network architecture.Comment: 11 pages, 4 figures. to appear in Physical Review

The mechanical response of semiflexible networks to localized perturbations

Previous research on semiflexible polymers including cytoskeletal networks in cells has suggested the existence of distinct regimes of elastic response, in which the strain field is either uniform (affine) or non-uniform (non-affine) under external stress. Associated with these regimes, it has been further suggested that a new fundamental length scale emerges, which characterizes the scale for the crossover from non-affine to affine deformations. Here, we extend these studies by probing the response to localized forces and force dipoles. We show that the previously identified nonaffinity length [D.A. Head et al. PRE 68, 061907 (2003).] controls the mesoscopic response to point forces and the crossover to continuum elastic behavior at large distances.Comment: 16 pages, 18 figures; substantial changes to text and figures to clarify the crossover to continuum elasticity and the role of finite-size effect

COMPETITIVE GRANTS AND THE FUNDING OF AGRICULTURAL RESEARCH IN THE U.S.

To increase the efficiency of the public agricultural R&D system, expanded use of competitive grants to fund state institutions has been advocated. This paper characterizes different funding instruments and empirically assesses the effects of changes in mechanism use. Factors associated with greater levels of competitive grants are modeled.Research and Development/Tech Change/Emerging Technologies,

Causal Consistency of Structural Equation Models

Complex systems can be modelled at various levels of detail. Ideally, causal models of the same system should be consistent with one another in the sense that they agree in their predictions of the effects of interventions. We formalise this notion of consistency in the case of Structural Equation Models (SEMs) by introducing exact transformations between SEMs. This provides a general language to consider, for instance, the different levels of description in the following three scenarios: (a) models with large numbers of variables versus models in which the `irrelevant' or unobservable variables have been marginalised out; (b) micro-level models versus macro-level models in which the macro-variables are aggregate features of the micro-variables; (c) dynamical time series models versus models of their stationary behaviour. Our analysis stresses the importance of well specified interventions in the causal modelling process and sheds light on the interpretation of cyclic SEMs.Comment: equal contribution between Rubenstein and Weichwald; accepted manuscrip