Collateral Damage: When Should the Determinations of Administrative Adjudications Have Collateral Estoppel Effect in Subsequent Adjudications?

Collateral estoppel is an equitable doctrine under which a court gives issue-preclusive effect to findings of fact or law made in previous proceedings. The U.S. Supreme Court has recently held that under certain circumstances, the determinations of administrative adjudications have collateral estoppel effect in federal court. The Court, however, did not address under which circumstances the determinations of administrative adjudications should have collateral estoppel effect in subsequent administrative adjudications. There has been little clear and consistent reasoning in lower federal courts about when collateral estoppel should apply in administrative adjudications, and administrative agencies vary widely in their application of collateral estoppel when conducting adjudications. This Note argues that neither the balancing test used to apply collateral estoppel in federal court nor the more formalistic per se rules proposed by some commentators are appropriate when applying collateral estoppel between administrative adjudications. Instead, courts should defer to agencies, granting them wide discretion to recognize or not recognize the collateral estoppel effect of prior administrative adjudications

Comments on Piazzesi and Schneider's "Bond positions, expectations, and the yield curve"

This working paper comments on Monika Piazzesi and Martin Schneider's "Bond Positions, Expectations, and the Yield Curve," delivered at the Fiscal Policy and Monetary/Fiscal Policy Interactions conference held at the Atlanta Fed on April 19–20, 2007.Bonds - Prices ; Consumer behavior

Commentary on Issues on potential growth measurement and comparison: how structural is the production function approach?

Economic development ; Economic conditions ; Econometric models

Paintings and their implicit presuppositions : a preliminary report

In a series of earlier papers (Social Science Working Papers 350, 355. 357) we have studied the ways in which differences in "implicit presupposi tions" (i. e •• differences in world views) cause scientists and historians to reach differing conclusions from a consideration of the same evidence. In this paper we show that paintings are characterized by implicit presuppositions similar to those that characterize the written materials -- essays, letters, scientific papers -- we have already studied

Paintings and their implicit presuppositions: High Renaissance and Mannerism

All art historians who are interested in questions of "styles" or "schools" agree in identifying a High Renaissance school of Italian painting. There is, however, a disagreement, which has seemed nonterminating, regarding Mannerism: Is it another distinct school or is it merely a late development of the Renaissance school? We believe that this disagreement can be terminated by distinguishing questions of fact about paintings from questions about the definitions of schools. To this end we have had two representative subsets of paintings--one earlier, one later--rated on four of the dimensions of implicit presuppositions that we have introduced in other Working Papers. When the paintings are scaled in this way a very distinct profile emerges for the earlier, or Renaissance, paintings. In contrast, the later, or Mannerist, paintings are so heterogeneous that we conclude that they are best described as deviations from the Renaissance profile, rather than a separate school. These results are not unimportant--at least for art historians. But they are more important methodologically inasmuch as the procedures applied here can be used in classifying and distinguishing from one another all kind of cultural products

Primate malarias: Diversity, distribution and insights for zoonotic Plasmodium

Protozoans within the genus Plasmodium are well-known as the causative agents of malaria in humans. Numerous Plasmodium species parasites also infect a wide range of non-human primate hosts in tropical and sub-tropical regions worldwide. Studying this diversity can provide critical insight into our understanding of human malarias, as several human malaria species are a result of host switches from non-human primates. Current spillover of a monkey malaria, Plasmodium knowlesi, in Southeast Asia highlights the permeability of species barriers in Plasmodium. Also recently, surveys of apes in Africa uncovered a previously undescribed diversity of Plasmodium in chimpanzees and gorillas. Therefore, we carried out a meta-analysis to quantify the global distribution, host range, and diversity of known non-human primate malaria species. We used published records of Plasmodium parasites found in non-human primates to estimate the total diversity of non-human primate malarias globally. We estimate that at least three undescribed primate malaria species exist in sampled primates, and many more likely exist in unstudied species. The diversity of malaria parasites is especially uncertain in regions of low sampling such as Madagascar, and taxonomic groups such as African Old World Monkeys and gibbons. Presence–absence data of malaria across primates enables us to highlight the close association of forested regions and non-human primate malarias. This distribution potentially reflects a long coevolution of primates, forest-adapted mosquitoes, and malaria parasites. The diversity and distribution of primate malaria are an essential prerequisite to understanding the mechanisms and circumstances that allow Plasmodium to jump species barriers, both in the evolution of malaria parasites and current cases of spillover into humans

European chemicals regulation and its effect on innovation: An assessment of the EU's White Paper on the strategy for a future chemicals policy

In February 2001, the European Commission published its White Paper on a Strategy for a Future Chemicals Policy. The publication launched a heated debate on principles, aims, instruments, implementation, and management of future chemicals control in the European Communities. The White Paper came in wake of massive criticism of current chemicals legislation. Various parties involved repeatedly expressed their concern about a tremendous lack of effectiveness. Furthermore, comparisons with other industrialized countries outside the EU indicated that the current regulatory framework actually discourages innovation in the European chemicals industry. This paper examines current European chemicals policy and main elements of the White Paper strategy with a special focus on the impact of chemicals regulation on innovation towards sustainability. The claim that chemicals regulation tends to block innovation is rejected for lack of conclusive proofs. In contrast, the paper reinforces the view that the White paper strategy is an important step forward towards sustainability in the chemicals sector. However, with the aim to make it pay for companies to pursue environmentally orientated innovation strategies, supporting measures and instruments need to be developed further. --