Large Sample Theory for Semiparametric Regression Models with Two-Phase, Outcome Dependent Sampling

Outcome-dependent, two-phase sampling designs can dramatically reduce the costs of observational studies by judicious selection of the most informative subjects for purposes of detailed covariate measurement. Here we derive asymptotic information bounds and the form of the efficient score and influence functions for the semiparametric regression models studied by Lawless, Kalbfleisch, and Wild (1999) under two-phase sampling designs. We show that the maximum likelihood estimators for both the parametric and nonparametric parts of the model are asymptotically normal and efficient. The efficient influence function for the parametric part aggress with the more general information bound calculations of Robins, Hsieh, and Newey (1995). By verifying the conditions of Murphy and Van der Vaart (2000) for a least favorable parametric submodel, we provide asymptotic justification for statistical inference based on profile likelihood.

Portfolios and pedagogy : an examination of ideology and use

Portfolio use in writing studies contexts is becoming ubiquitous and, as such, portfolios are in danger of being rendered meaningless and thus require that we more fully theorize and historicize portfolios. To this end, I examine portfolios: both the standardized portfolio used for assessment purposes and the personalized portfolio used for entering the job market. I take a critical look at portfolios as a form of technology and acknowledge some of the dangers of blindly using portfolios for gaining employment in the current economic structure of fast capitalism. As educators in the writing studies fields, it is paramount that instructors have a critical awareness of the consequences of portfolio creation on students as designers, lifelong learners, and citizens of a larger society. I argue that a better understanding of the pedagogical implications for portfolio use is imperative before implementing them in the classroom, and that a social-epistemic approach provides a valuable rethinking of portfolio use for assessment purposes. Further, I argue for the notions of meditation and transformation to be added alongside collection, selection, and reflection because they enable portfolio designers and evaluators alike to thoughtfully consider new ways of meaning-making and innovation. Also important and included with meditation and transformation is the understanding that students are ideologically positioned in the educational system. For them to begin recognizing their situatedness is a step toward becoming designers of change. The portfolio can be a site for that change, and a way for them to document their own learning and ways of making meaning over a lifetime.

Injunctions against Innocent Third Parties: The Case of Website Blocking

The paper discusses the phenomenon of injunctions against third parties that are innocent from the tort law perspective. One such type of injunction, website blocking, is currently appearing in the spotlight around various European jurisdictions as a consequence of the implementation of Article 8(3) of the Information Society Directive and Article 11 of the Enforcement Directive. Website-blocking injunctions are used in this paper only as a plastic and perhaps also canonical example of the paradigmatic shift we are facing: the shift from tort-law-centric injunctions to in rem injunctions. The author of this paper maintains that the theoretical framework for the latter injunctions is not in the law of civil wrongs, but in an old Roman law concept of ‘in rem actions’ (actio in rem negatoria). Thus the term ‘in rem injunctions’ is coined to describe this paradigm of injunctions. Besides the theoretical foundations, this paper explains how a system of injunctions against innocent third parties fits into the private law regulation of negative externalities of online technology and explores the expected dangers of derailing injunctions from the tracks of tort law. The author’s PhD project – the important question of the justification of an extension of the intellectual property entitlements by the in rem paradigm, along with its limits or other solutions – is left out from the paper.

Information as Property

Information is widely regarded as one of the key concepts of modern society. The production, distribution and use of information are some of the key aspects of modern economies. Driven by technological progress information has become a good in its own right. This established an information economy and challenged the law to provide an apt framework suitable to promote the production of information, enable its distribution and efficient allocation, and deal with the risks inherent in information technology. Property rights are a major component of such a framework. However, information as an object of property rights is not limited to intellectual property but may also occur as personality aspects or even tangible property. Accordingly, information as property can be found in the area of intellectual property, personality protection and other property rights. This essay attempts to categorize three different types of information that can be understood as a good in the economic sense and an object in the legal sense: semantic information, syntactic information and structural information. It shows how legal ownership of such information is established by different subjective rights. In addition the widespread debate regarding the justification of intellectual property rights is demonstrated from the wider perspective of informational property in general. Finally, in light of current debates, this essay explores whether “data producers” shall have a new kind of property right in data.

Iowa State Daily (December 7, 2011)

ContentsExpo displays talentsLow student turnout plagues runoff electionSeasonal disorder hits hard in winterSzopinski wins seat on Ames City CouncilCyclones seek revenge in Cy-Hawk seriesIowa State gets big win against Prairie View A&MNo justification for ignorance

How can computer simulations produce new knowledge?

It is often claimed that scientists can obtain new knowledge about nature by running computer simulations. How is this possible? I answer this question by arguing that computer simulations are arguments. This view parallels Norton’s argument view about thought experiments. I show that computer simulations can be reconstructed as arguments that fully capture the epistemic power of the simulations. Assuming the extended mind hypothesis, I furthermore argue that running the computer simulation is to execute the reconstructing argument. I discuss some objections and reject the view that computer simulations produce knowledge because they are experiments. I conclude by comparing thought experiments and computer simulations, assuming that both are arguments.

Staatliche Gründungsfinanzierung: Stand der Forschung und offene Fragen

Der Beitrag gibt einen Überblick über den Stand der Forschung zur staatlichen Gründungsfinanzierung, speziell in Deutschland. Dabei steht die Frage im Vordergrund, ob eine öffentliche Gründungsfinanzierung aus wirtschaftspolitischer Sicht zu rechtfertigen ist. Konkret werden vier Forschungsfragen untersucht. Die erste Frage lautet, ob Unternehmensgründungen für eine Wirtschaft überhaupt Nutzen stiften. Die zweite Frage lautet, ob auf dem Markt der Finanzierung von Gründungsunternehmen Unvollkommenheiten bzw. Marktversagen feststellbar sind. Die dritte Frage lautet, ob staatliche Maßnahmen der Gründungsfinanzierung einzelwirtschaftlich effektiv sind, dass sich also geförderte Unternehmen als erfolgreicher erweisen als nicht geförderte. Die vierte Frage lautet, ob eine staatliche Gründungsfinanzierung die angestrebten wirtschaftspolitischen Ziele zu den niedrigstmöglichen Kosten erreicht, also effizient ist. Die Antworten sind durchweg negativ und zeigen, dass die bisherige Forschung keine ausreichende Rechtfertigung für eine staatliche Gründungsfinanzierung bieten kann.

Update as Evidence: Belief Expansion

We introduce a justification logic with a novel constructor for evidence terms, according to which the new information itself serves as evidence for believing it. We provide a sound and complete axiomatization for belief expansion and minimal change and explain how the minimality can be graded according to the strength of reasoning. We also provide an evidential analog of the Ramsey axiom.

Why Monte Carlo Simulations are Inferences and not Experiments

Monte Carlo simulations arrive at their results by introducing randomness, sometimes derived from a physical randomizing device. Nonetheless, we argue, they open no new epistemic channels beyond that already employed by traditional simulations: the inference by ordinary argumentation of conclusions from assumptions built into the simulations. We show that Monte Carlo simulations cannot produce knowledge other than by inference, and that they resemble other computer simulations in the manner in which they derive their conclusions. Simple examples of Monte Carlo simulations are analysed to identify the underlying inferences.

Carbon-related Border Adjustment and WTO Law

By expounding the legal foundations of border tax adjustments in international trade regulation, this book lays out the scope and limitations within which border carbon adjustments need to operate. The author examines the extent to which countries can lawfully impose border adjustment measures in relation to the carbon footprint of products on importation and exportation. In doing so, she provides a thorough analysis of the provisions of the WTO Agreement applicable to border carbon adjustments, offers a comprehensive review of relevant case law and engages with the extensive literature on the subject. Given the probability of conflict with non-discrimination rules of the GATT and uncertainty over justification of different designs of carbon-related border adjustment schemes under the exceptions of GATT Article XX, the book argues for a negotiated solution and discusses the possibility of the use of border carbon adjustments under preferential trade agreements.

Cultural Diversity as a Concept of Global Law : Origins, Evolution and Prospects

“Cultural diversity” has become one of the latest buzzwords on the international policymaking scene. It is employed in various contexts – sometimes as a term close to “biological diversity”, at other times as correlated to the “exception culturelle” and most often, as a generic concept that is mobilised to counter the perceived negative effects of economic globalisation. While no one has yet provided a precise definition of what cultural diversity is, what we can observe is the emergence of the notion of cultural diversity as incorporating a distinct set of policy objectives and choices at the global level. These decisions are not confined, as one might have expected, to cultural policymaking, but rather spill over to multiple governance domains because of the complex linkages inherent to the simultaneous pursuit of economic and other societal goals that cultural diversity encompasses and has effects on. Accounting for these intricate interdependencies, the present article clarifies the origins of the concept of cultural diversity as understood in global law and traces its evolution over time. Observing the dynamics of the concept and the surrounding political and legal developments, the article explores its justification and overall impact on the global legal regime, as well as its discrete effects on different domains of policymaking, such as media, intellectual property and culture. While the analysis is legal in essence, the article is meant to speak also to a broader transdisciplinary public. The article is part of the speacial issue on ethnic diversity and cultural pluralism, which is available under the creative commons licence: http://www.mdpi.com/journal/diversity/special_issues/ethnic-diversity/.

Faith as a Mustard Seed

Abstract: This investigation of the concept of faith is divided into two parts. Part One evaluates a topical philosophical interpretation of faith as irreducibly disjunctive, collecting the best fragmented ideas as to what constitutes faith in a recent family resemblance exposition as an objective for an adequate essentialist analysis of the concept of faith to achieve. Part Two offers a more extended essentialist analysis of the concept of faith as unconditional patience in the eventuality of a positive future state, and a detailed reduction of six supposedly disparate family resemblance senses of faith to this single definition. Criteria for a satisfactory analysis of faithfulness are considered and defended. In contrast with what has become a standard doxastic-epistemic interpretation of faith as persistent unjustified or even unjustifiable belief, a concept of faith is advanced that appears to satisfy the necessary and sufficient criteria identified. Systematic comparison with a variety of usages of the word “faith” suggests that the analysis agrees with many and arguably most applications of this sometimes loosely understood term. Implications of the analysis of the concept of faith are considered and defended against anticipated objections. Pascal’s wager is critically examined in relation to matters of religious faith, along with positivist meaningfulness requirements that seem to conflict especially with epistemically ungrounded belief, the power of faith, and the metaphorical size of mustard seeds. The inquiry concludes with a synthesis of five aspects of six supposedly distinct senses of faith under the single essentialist reductive umbrella of unconditional patience in the eventuality of a positive future state.

Transformative deliberative moments among ex-combattants in Colombia

This dissertation presents the concept of Deliberative Transformative Moment and the instrument to identify it, in a further attempt to bridge the gap between deliberation theory and practice. A transformative moment in the deliberative process occurs when the level of deliberation is either lifted from low to high or drops from high to low. In order to identify such a moment, one has to look at the context and dynamics of the group discussion. This broadening of the unit of analysis is a big difference from other existing instruments to measure the level of deliberation, such as the Deliberative Quality Index –DQI, which focuses primarily on the individual speech acts. Consistent with the theoretical framework of consociational and deliberation approaches, the observed discussions took place among two deeply divided groups, Colombian ex-combatants from both the extreme left and the extreme right. Moving beyond a pure Habermasian perspective, this study finds that besides pure rational arguments, there are some contexts in which personal stories, jokes and self-interests, acting as justification of arguments, have either a positive or a negative impact on deliberative transformative moments. Although this research has a strongly qualitative orientation, reliability tests scored high, giving it strength as a reliable and valid research method that shedding some light on the sort of speech acts that enhance deliberation and those that detract from it.

Germanic Mythology in Music: Cultural Memory and Conflict within the Framework of Modern Globalization

The multi-layered enactment of a national past in music has been strongly intertwined with the usage of mythological elements. Having often been compiled as a coherent narrative during the emergence of the European nation-states (like the Finnish Kalevala), the mythological material has often been perceived as a form of historical truth and national justification. This focal role is also apparent in various music genres ranging from folk revival to metal in post-1989 Europe. Within the globalized context, however, local-national interpretations can collide with earlier nationalist appropriations. This complex and sometimes politically conflicting situation becomes particularly evident with groups falling back on symbols and narrations that had previously been employed by Nazi-Germany. While Nazi-Germany had, among others, tried replace the Christmas tradition with elements and songs from Germanic (and other) mythological sources, modern Neo-Nazi music groups often employ central mythological names (like Odin or Tyr) and iconic elements (like Vikings and warriors) in song lyrics and CD cover designs. However, while many covers and lyrics are legally forbidden in Germany, Scandinavian and Baltic groups (like the Faroese Viking metal group Tyr and the Latvian pagan metal band Skyforger) employ similar elements of Norse mythology, which are often combined with traditional material. Discussing selected case studies, this paper highlights central discursive points of colliding historical-national associations and individual interpretations of the mythological elements in musical contexts. How far can the material be disassociated from the earlier historical political usage and instrumentalization? Is this necessary ? And how can the specific global-local conflict points be approached by a theoretical framework ?