Product-Related Risk and Cognitive Biases: The Shortcomings of Enterprise Liability

Products liability law has witnessed a long debate over whether manufacturers should be held strictly liable for the injuries that products cause. Recently, some have argued that psychological research on human judgment supports adopting a regime of strict enterprise liability for injuries caused by product design. These new proponents of enterprise liability argue that the current system, in which manufacturer liability for product design turns on the manufacturer\u27s negligence, allows manufacturers to induce consumers into undertaking inefficiently dangerous levels or types of consumption. In this paper we argue that the new proponents of enterprise liability have: (1) not provided any more than anecdotal evidence for their thesis; (2) failed to account for the mechanisms the law already has available to counter manufacturer manipulation of consumers; and (3) made no effort to address the well-known problems enterprise liability creates. Furthermore, even on its own terms, the new arguments for enterprise liability fail to consider the tendency of some manufacturers to exacerbate the risks that some products pose - a tendency that enterprise liability would exacerbate. In short, the insights gleaned from psychological research on human judgment do not support adopting a system of strict enterprise liability for products

Football Game Program 2 1968

Football Game Program 2 196

Digital Market Manipulation

In 1999, Jon Hanson and Douglas Kysar coined the term “market manipulation” to describe how companies exploit the cognitive limitations of consumers. For example, everything costs $9.99 because consumers see the price as closer to$9 than $10. Although widely cited by academics, the concept of market manipulation has had only a modest impact on consumer protection law. This Article demonstrates that the concept of market manipulation is descriptively and theoretically incomplete, and updates the framework of the theory to account for the realities of a marketplace that is mediated by technology. Today’s companies fastidiously study consumers and, increasingly, personalize every aspect of the consumer experience. Furthermore, rather than waiting for the consumer to approach the marketplace, companies can reach consumers anytime and anywhere. The result of these and related trends is that firms can not only take advantage of a general understanding of cognitive limitations, but can uncover, and even trigger, consumer frailty at an individual level. A new theory of digital market manipulation reveals the limits of consumer protection law and exposes concrete economic and privacy harms that regulators will be hard-pressed to ignore. This Article thus both meaningfully advances the behavioral law and economics literature and harnesses that literature to explore and address an impending sea change in the way firms use data to persuade

Exploring Agricultural Production Systems and Their Fundamental Components with System Dynamics Modelling

Agricultural production in the United States is undergoing marked changes due to rapid shifts in consumer demands, input costs, and concerns for food safety and environmental impact. Agricultural production systems are comprised of multidimensional components and drivers that interact in complex ways to influence production sustainability. In a mixed-methods approach, we combine qualitative and quantitative data to develop and simulate a system dynamics model that explores the systemic interaction of these drivers on the economic, environmental and social sustainability of agricultural production. We then use this model to evaluate the role of each driver in determining the differences in sustainability between three distinct production systems: crops only, livestock only, and an integrated crops and livestock system. The result from these modelling efforts found that the greatest potential for sustainability existed with the crops only production system. While this study presents a stand-alone contribution to sector knowledge and practice, it encourages future research in this sector that employs similar systems-based methods to enable more sustainable practices and policies within agricultural production

Quantum gates between capacitively coupled double quantum dot two-spin qubits

We study the two-qubit controlled-not gate operating on qubits encoded in the spin state of a pair of electrons in a double quantum dot. We assume that the electrons can tunnel between the two quantum dots encoding a single qubit, while tunneling between the quantum dots that belong to different qubits is forbidden. Therefore, the two qubits interact exclusively through the direct Coulomb repulsion of the electrons. We find that entangling two-qubit gates can be performed by the electrical biasing of quantum dots and/or tuning of the tunneling matrix elements between the quantum dots within the qubits. The entangling interaction can be controlled by tuning the bias through the resonance between the singly-occupied and doubly-occupied singlet ground states of a double quantum dot.Comment: 12 pages, 7 figure

The Reckless Pursuit of Dominion: A Situational Analysis of the NBA and Diminishing Player Autonomy

This Article examines required genetic testing of NBA players from a situational vantage point, integrating socio-psychological, legal, and ethical analyses. The core argument may be expressed as follows: required genetic testing of NBA players appears consistent with a broader and largely deleterious agenda by the NBA to control players. Since implementation of the rookie wage scale in 1995 through the recent imposition of a paternalistic player dress code, the NBA has increasingly usurped player autonomy. The NBA\u27s capacity to do so largely rests in its adroit manipulation of the situational influences that influence fans and media. For instance, because of unappreciated cognitive biases, fans and media often embrace distorted views of player\u27s maturity, arrest propensity, and collegiate experiences. As a result, NBA players tend to be wrongly identified as immature, out-of-control, and hopelessly uneducated. In turn, the NBA has designed policies that ostensibly remedy these feigned problems while less-detectably transferring autonomy from player to league. In short, the league sees that others often fail to see, and that enables it to surreptitiously control players

Gravitational Instantons from Minimal Surfaces

Physical properties of gravitational instantons which are derivable from minimal surfaces in 3-dimensional Euclidean space are examined using the Newman-Penrose formalism for Euclidean signature. The gravitational instanton that corresponds to the helicoid minimal surface is investigated in detail. This is a metric of Bianchi Type $VII_0$, or E(2) which admits a hidden symmetry due to the existence of a quadratic Killing tensor. It leads to a complete separation of variables in the Hamilton-Jacobi equation for geodesics, as well as in Laplace's equation for a massless scalar field. The scalar Green function can be obtained in closed form which enables us to calculate the vacuum fluctuations of a massless scalar field in the background of this instanton.Comment: One figure available by fax upon request. Abstract missing in original submission. Submitted to Classical and Quantum Gravit

Spartan Daily, September 23, 1992

Volume 99, Issue 18https://scholarworks.sjsu.edu/spartandaily/8302/thumbnail.jp