Buying commercial law: Choice of law, choice of forum, and network externalities

Copyright @ 2009 Bryan DruzinThis paper applies network effect theory to transnational commercial law, arguing that commercial parties selecting law through choice of law and choice of forum clauses can be likened to consumers selecting a product, and thus equally susceptible to the effects of network externalities. The number of “consumers” who subscribe to the same legal norms is analogous to the number of consumers who use a product. As the number of “consumers” increases, so too does the inherent value of selecting that jurisdiction, inducing even more parties to “purchase” that body of law. This is a network effect. I argue that transnational commercial law is ideally calibrated so as to generate a network effect. This stems from the inherent nature of commerce. The discussion distinguishes between two kinds of externalities, direct and indirect network externalities, concluding that network systems that possess both kinds of network externalities (as is the case with law-selection decisions in commercial contracts), are the best candidates to produce a robust network effect. I then examine how the twin ingredients of fluid interaction and frequent choice present in commerce precipitate a network effect; expansive interaction places a higher premium on the need for synchronization, and frequent opportunities to select law in the contracts of fresh commercial relationships allow for an incremental drift towards a specific jurisdiction. The paper ultimately concludes that, as a result, network externalities indeed play an influential role in the ascension of particular jurisdictions over others in law-selection decisions, an important conclusion as it points to an unrecognized influence underpinning the current development of transnational commercial law

Finding footing in a postmodern conception of law

Copyright @ 2010 Pace UniversityThe following jurisprudence paper examines the implications of postmodern thought upon our conception of law. In this paper I argue that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational principles for law. While our value systems are stripped of all claim to objective authority, ultimately, all postmodernism does is force us to set aside our larger concepts of “justice,” and instead root our legal conceptions at this far more fundamental level of human experience

The criminalization of lying: Under what circumstances, if any, should lies be made criminal?

This is the post-print version of the Article. The official published version can be accessed from the link - Copyright @ 2011 University of Illinois PressThis Article argues that lying should be a crime. In doing so, we propose the creation of a wholly new category of crime, which we term “egregious lying causing serious harm.” The Article has two broad objectives: the first is to make the case why such a crime should even exist, and the second is to flesh out how this crime might be constructed. The main contribution of the Article lies in the radical nature of its stated aim: the outright criminalization of certain kinds of lies. To our knowledge, such a proposal has not previously been made. The analysis also contributes to a broader discussion regarding the issue of overcriminalization. We conclude that while criminalizing certain forms of lies might at first blush appear fanciful, the case for doing so is not only plausible, it is indeed necessary

Total Lipid and Fatty Acid Composition in Male and Female Larvae of Indian-Meal Moth and Almond Moth (Lepidoptera: Pyralidae)

The total body lipid and fatty acid composition of last instar larvae of the Indian-meal moth, Plodia interpunctella, and almond moth, Cadra cautella, reared on a turkey mash diet was determined. Male P. interpunctella larvae contained significantly higher (lA-fold) total body lipid than females, while no differences between the sexes of C. cautella larvae were observed. The relative abundance of the fatty acids palmitate, palmitoleate, stearate, oleate, lineoleate, and linolenate was similar in both sexes of P. interpunctella and C. cautella. The accumulation of individual fatty acids in larvae of both the moth species did not correspond to levels of fatty acids in the diet. The accumulation of palmitate, palmitoleate, and oleate in moth larvae of both the species was greater than linoleate and linolenate, suggesting a sparing effect by the former on the latter, more unsaturated fatty acids

Tradeable Spectrum Interference Rights

Spectrum rights have gained increasing attention since Ronald Coase pointed out that the most efficient way to assign spectrum is to give it to those users who value it most through property-like rights and secondary markets. Defining spectrum rights turns out to be difficult due to the nature of electronic emissions[1]. As a result, it may be more practical to define interference rights (similar to pollution rights) rather than exclusive usage rights. Interference rights give a user the right to interfere with another user up to a specified level. In this paper, we develop the idea of a market in spectrum interference rights and, using some plausible use cases, illustrate its characteristics. The paper therefore includes a detailed description of interference rights along with some first order quantitative modelling of the use cases coupled with qualitative analysis

Credibility-Based Binary Feedback Model for Grid Resource Planning

In commercial grids, Grid Service Providers (GSPs) can improve their profitability by maintaining the lowest possible amount of resources to meet client demand. Their goal is to maximize profits by optimizing resource planning. In order to achieve this goal, they require an estimate of the demand for their service, but collecting demand data is costly and difficult. In this paper we develop an approach to building a proxy for demand, which we call a value profile. To construct a value profile, we use binary feedback from a collection of heterogeneous clients. We show that this can be used as a proxy for a demand function that represents a client’s willingness-to-pay for grid resources. As with all binary feedback systems, clients may require incentives to provide feedback and deterrents to selfish behavior, such as misrepresenting their true preferences to obtain superior services at lower costs. We use credibility mechanisms to detect untruthful feedback and penalize insincere or biased clients. Finally, we use game theory to study how cooperation can emerge in this community of clients and GSPs

Market Based Approaches for Dynamic Spectrum Assignment

Abstract—Much of the technical literature on spectrum sharing has been on developing technologies and systems for non-cooperative) opportunistic use. In this paper, we situate this approach to secondary spectrum use in a broader context, one that includes cooperative approaches to Dynamic Spectrum Access (DSA). In this paper, we introduce readers to this broader approach to DSA by contrasting it with non-cooperative sharing (opportunistic use), surveying relevant literature, and suggesting future directions for researc

Can Unlicensed Bands Be Used by Unlicensed Usage?

Since their introduction, unlicensed ISM bands have resulted in a wide range of new wireless devices and services. It is fair to say that the success of ISM was an important factor in the opening of the TV white space for unlicensed access. Further bands (e.g., 3550-3650 MHz) are being studied to support unlicensed access. Expansion of the unlicensed bands may well address one of the principle disadvantages of unlicensed (variable quality of service) which could result in a vibrant new group companies providing innovative services and better prices. However, given that many commercial mobile telephone operators are relying heavily on the unlicensed bands to manage growth in data traffic through the “offloading” strategy, the promise of these bands may be more limited than might otherwise be expected (Musey, 2013).\ud \ud Wireless data traffic has exploded in the past several years due to more capable devices and faster network technologies. While there is some debate on the trajectory of data growth, some notable reports include AT&T, which reported data growth of over 5000% from 2008 to 2010 and Cisco, who predicted that mobile data traffic will grow to 6.3 exabytes per month in average by 2015 (Hu, 2012). Although the data traffic increased dramatically, relatively little new spectrum for mobile operators has come online in the last several years; further, the “flat-rate” pricing strategy has led to declining Average Revenue Per User (ARPU) for the mobile operators. Their challenge, then, is how to satisfy the service demand with acceptable additional expenditures on infrastructure and spectrum utilization.\ud \ud A common response to this challenge has been to offload data traffic onto unlicensed (usually WiFi) networks. This can be accomplished either by establishing infrastructure (WiFi hotspots) or to use existing private networks. This phenomenon leads to two potential risks for spectrum entrants: (1) the use of offloading may overwhelm unlicensed spectrum and leave little access opportunities for newcomers; (2) the intensity of the traffic may increase interference and degrade innovative services.\ud \ud Consequently, opening more unlicensed frequency bands alone may not necessarily lead to more unlicensed usage. In this paper, we will estimate spectrum that left for unlicensed usage and analyze risks for unlicensed users in unlicensed bands in terms of access opportunities and monetary gain. We will further provide recommendations that help foster unlicensed usage in unlicensed bands