Costly Evidence and Systems of Fact Finding

This paper compares the relative merits of adversarial and inquisitorial systems of civil procedure in the presence of evidence suppression. Each party has the incentive to suppress evidence that may damage her case, and to reveal any evidence that strengthens her case. I model the decision of a litigant to suppress evidence. The court conditions its action (transfers between the parties) upon the evidence which is revealed. Enforcement costs, which are the cost of suppression and the cost of requesting evidence, are a loss to the relationship and form the basis for my evaluation of the relative merits of each system. I find that neither system always outperforms the other. The strength of the inquisitorial system is that it allows for randomization over evidence requests, which leads to lower expected enforcement cost. Litigants cannot commit to randomize as they are motivated by the expected award in litigation. The strength of the adversarial system is that it sometimes allows litigants to utilize their information about the level of suppression.contracts, litigation, fact finding

Third-Party Budget Breakers and Side-Contracting in Team Production

In a team production problem with unverifiable effort, budget breaking is essential to implementing efficient levels of effort. This short paper considers the use of a third party, who does not exert effort, in a setting with general contracts that can include message games, as a way to remove resources from the team. We show that if side contracting can influence behavior in a message game in the original contract, the addition of the third party is not helpful. Additionally, we compare our view of side contracting with that of Baliga and Sjostrom (2009) to explore the nature of side contracting that is needed in order for the third party to be useful for budget breaking.

Costly Evidence Production and the Limits of Verifiability

This paper explores the limits of "verifiability" induced by the process of costly evidence production in contractual relationships of complete information. I study how the cost of providing evidence (disclosing documents) influences the set of enforceable contracts. I show that evidence cost can be both beneficial and detrimental with regard to enlarging the set of settlement outcomes that can be implemented. Further, I study how what can be considered verifiable is influenced by parties’ incentives to produce evidence and by the particular evidence cost structure. My analysis includes the opportunity for contracting parties to renegotiate (or settle) prior to the enforcement phase. I also study how the availability of redundant documents expands the set of enforceable contracts, and discuss the relevance of my findings to the design of legal institutions.contracts, verifiability

Eating some invasive species could help to mitigate the impacts of climate change-related invasions, and may increase future food security

Climate change is predicted to increase the spread and abundance of invasive species and to erode global food security. I hypothesized that by incorporating edible invasive species into local food sheds, these two problems could help to mitigate each other. I set out to answer two questions: could eating invasive species reduce their spread and abundance? And could eating invasive species minimize the impacts of climate-change related food shocks? To answer these questions, I surveyed the existing literature on human consumption of invasive species, created a list of criteria that make an invasive species suitable for management through human consumption, and identified what components of global food security could be strengthened by edible invasive species. I found that some invasive species populations could be reduced by human consumption, but that careful management would be required to ensure eating invasive species did not create perverse market incentives that facilitated further invasions. I found that invasive species might offer possible interventions to increase food quantity, promote food access, increase food safety, and contribute to environmental stability, four important components of food security. However, no studies exist specifically on the topic of invasive species and food security, and much further research is required to substantiate my hypotheses. In order to ground my research in practical applications and communicate my results to a wide audience, in addition to written results, I created two recipes using edible invasive species in Iceland, informed by my research on invasive species population biology and climate change-related food insecurity

Statistical Evidence and the Problem of Robust Litigation

We develop a model of statistical evidence with a sophisticated Bayesian fact-finder. The context is litigation, where a litigant (defendant or plaintiff) may disclose hard evidence and a jury (the fact-finder) interprets it. In addition to hard evidence, the litigant has private unverifiable information. We study the robustness of the parties’ reasoning regarding the legal fundamentals and the litigant’s strategic behavior. The litigant’s choice of whether to disclose hard evidence entails two channels of information: the face-value signal of the hard evidence disclosure (relating to the probabilities that the hard evidence exists in different states of the world) and as a possible signal of the litigant’s private information. Our results suggest that in some situations, a desire for robust reasoning about evidence would lead the court to restrict the admissibility of some relevant evidence. The modeling exercise provides support for the Federal Rules of Evidence Rules 403 and 404, along with general conclusions about evidence policy

EFFECTS OF FATIGUE ON RUGBY PLACE KICKING TECHNIQUE AND PERFORMANCE

The aim of this study was to identify differences in place kicking performance and technique following a rugby-specific fatigue protocol. Three skilled place kickers performed four blocks of the protocol, between which they took three place kicks from a challenging pitch location. The success of the kicks, measures of physical exertion and lower body and torso kinematic variables were measured. Kicking success dropped following blocks 2 and 4 of the protocol, all missed kicks were wide of the goalposts. Individual differences were apparent. After block 2 the kickers demonstrated greater upper body motion, potentially a strategy to obtain fast foot velocity but at a detriment to accuracy. After block 4, collapse of the stance leg was observed which may have impacted the kickers’ stability. Further research with more participants and a specific focus on muscular fatigue is required

Electropolishing Valve Metals with a Sulfuric Acid-Methanol Electrolyte at Low Temperature

This study reports the electropolishing Ti and Nb metals using a fluoride-free electrolyte of sulfuric acid and methanol at low temperature (-70°C) without prior treatment. A fluoride-free electrolyte provides a less hazardous and more environmentally friendly option for electropolishing procedure. Experimental studies are presented on electropolishing with sulfuric acid electrolyte, which provides high quality macro- and micro-smoothing of the metal surfaces. Optimal conditions yielded leveling and brightening of the surface of Ti and Nb metals beyond that of the currently utilized electropolishing procedures with fluoride-containing electrolytes. The root mean squared roughness (Rq) from atomic force microscopy (AFM) analysis was 1.64 and 0.49 nm for Ti and Nb, respectively. Lower temperature experiments led to noticeable kinetic effects, indicated by a dramatic drop in current densities and the expansion of the steady-state current density plateau in anodic polarization curves. In addition, the voltage range of the current plateau expanded with increasing acid concentration. Surface characterization of Ti and Nb metals after polishing provided evidence of salt film formation. In addition, these metals were used as substrates in the formation of nanostructured metal oxides. The overall quality of the polishing led to a dramatic improvement in the uniformity of the nanostructures