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Although they are not supposed to be imposed for purposes of punishment, one suspects that retribution is in the mind of some supporters. Jurisdictions should restrict triggering offenses to those that evidence shows present the particular danger to be avoided, rather than applying collateral consequences to "all felonies" or "all crimes. In many cases it will be appropriate to disqualify on a caseby-case basis, looking at the relevant facts and circumstances, not across the board. Again, jurisdictions should identify the cases presenting unreasonably elevated risks to public safety, but without undermining public safety by excluding lower-risk individuals from lawful employment. Bushway, Paul Nieuwbeerta & Arjan Blokland, the Predictive Value of Criminal Background Checks: Do Age and Criminal History Affect Time to Redemption? Jurisdictions commonly impose collateral consequences based on convictions from other states. However, it is not always clear what effect jurisdictions give to out-of-jurisdiction relief. In addition to making clear whether out-of-state convictions trigger particular consequences, state law should specify the effect of out-of-state expungement, sealing, or other relief. For example, if all people convicted of felonies may be excluded from public housing, some mechanism should be available for a nonviolent offender to live in public housing if there is a realistic basis to believe that it will facilitate self-support and presents no unreasonable risk to public safety. For example, in the Eastern District of New York, then-Judge John Gleason concluded that there was no available mechanism to help these worthy applicants. He expunged the conviction of one applicant and issued a certificate of rehabilitation to another. There is some question as to whether public convictions can ever successfully be expunged. Ideally, triggering offenses would be described precisely by citation to specific statutes rather than in vague terms like "moral turpitude. Alternatively, lower levels of government could be restricted to discretionary collateral consequences, the application of which would be evaluated on a caseby-case basis, rather than across the board. Jurisdictions could consider restricting collateral consequences to felony convictions. The Supreme Court has recognized that "[a] wide range of civil disabilities may result from misdemeanor convictions. If a person is sentenced to 25 years imprisonment at hard labor, it likely matters little that she will be ineligible to get a license as a chiropractor when she is released. Someone convicted of securities fraud cannot expect to remain in or return to work in a financial institution whether or not he goes to prison. Fairness warrants more time and attention being paid to the defense and disposition of misdemeanor offenses. However, those considerations would diminish if the collateral consequences did as well. Collateral consequences should be rationalized and reformed to promote public safety, fairness in individual cases, and a more effective overall criminal justice system. The National Inventory of Collateral Consequences of Conviction will be a useful foundation. Public defenders, state bar associations or probation departments should identify collateral consequences of the most common crimes of conviction, and other common or significant consequences, and use that information to create a document which lawyers and probation officers can use to counsel clients. Defense attorneys should inform clients of collateral consequences and consider them in advising clients about possible courses of action. Judges should inform defendants of applicable collateral consequences at plea and sentencing. Prosecutors should take collateral consequences into account in charging and plea bargaining. Today, moreover, a considerable body of social-science research calls into question whether registration and notification achieve their avowed public-safety goals. Individuals must thereafter verify the accuracy of the information on at least an annual basis, for a minimum of 10 years and perhaps their lifetimes, and update it in the event of any changes, facing felony prosecution if they fail to do so. Department of Justice maintains a National Sex Offender Registry containing registry information from all 50 states and the District of Columbia. Notification, in turn, provides registry information to community members, allowing them to undertake precautionary measures to avoid victimization by registrants and serve as "coproducers" of public safety. Critics also question the basic empirical underpinnings of the laws, noting that contrary to the understanding of legislatures and courts (including the U.

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Insurance companies have differing product features and experience (such as, surrender rates), which can affect the amount of revenue sharing. Some revenue sharing agreements may combine payment for distribution, service, and administration whereas other agreements may include only payment for administrative expenses. This review would usually include fund participation agreements, because such agreements directly authorize the ownership and trading of mutual fund shares by the insurance company. The fund administrator and distributor are paid by the fund and are responsible for their respective services; in turn, they sub-contract with insurers because of the unique role of the insurance companies in providing shareholder service and distribution functions. Since mutual fund agreements are subject to periodic review and renewal, it may be too restrictive to require that revenue sharing arrangements must be guaranteed in order to be reflected in the modeling of future revenue. Maintenance and overhead expenses of the insurance company are included in the model, including those associated with the services supported by the revenue sharing. It is logical to assume that the revenue sharing reimbursing the insurance company for these services should also be included in the model, with appropriate margin for uncertainty. This suggestion is inconsistent with a Prudent Best Estimate assumption of assuming an on-going flow (with margins for uncertainty) in that experience shows that mutual fund companies have traditionally compensated others for the services provided. Requiring revenue sharing to be guaranteed also ignores the options listed below in paragraph 7g, which are available to the insurance company in the event the revenue sharing is terminated. Potential changes to the revenue sharing agreement should be considered in setting the Prudent Best Estimate assumption. One of the potential changes to the revenue sharing agreement that should be considered is the ability of the mutual fund affiliate to terminate the revenue sharing for new and/or inforce 5 b. The effect of the termination of the revenue sharing agreement depends upon the terms of the agreement. While some agreements provide that revenue sharing continues as long as the underlying fund continues to be an investment option in the product after the date of termination for new allocations to the fund, not all agreements do. A Participation Agreement may allow the Fund to terminate the Agreement with respect to new purchases in the event the insurer suffers a "material adverse change in its business, operations, financial condition, or prospects. Examples of possible termination provisions we have seen include: the term of the agreement is for X years unless terminated earlier by breach of contract or by law. At the end of X years, the agreement renews each year for a one-year term without further action by either party, unless either notifies the other, no later than 90 days before the close of the term or any anniversary, of its intent to terminate this agreement. Without notice in the event of bankruptcy or dissolution, the appointment of a trustee or rehabilitator, etc. At the option of the Insurance Company upon formal proceedings against the Mutual Fund Affliliate. At the option of the Mutual Fund Affliliate upon formal proceeding against the Insurance Company. At the option of the Mutual Fund Affliliate if the Insurance Company has suffered a material adverse change in its business. At the option of the insurance company, if the advisor/underwriter has suffered a material adverse change in its business Upon assignment. Potential options available to the insurance company in the event the revenue sharing payments are terminated include: Legal action in the event the agreement specified that revenue sharing was to continue payments post-termination. In the event the agreement does not specify that revenue sharing is to continue payments posttermination, legal action may still be a possibility, since the fund is collecting charges for administration and is not having to provide these services. In this case the insurance company could make the argument that it is entitled to payment. Revenue sharing is too important an item to ignore if the projections for reserves are to capture the true economics of the variable annuity contracts. For many years regulators and the industry have struggled with the issue of applying a uniform reserve standard to these contracts and in particular some of the guaranteed benefits referenced above. Current approaches make assumptions about product design, contractholder behavior and economic relationships and conditions. The assumed fund performance for these scenarios must meet the mandated calibration standards contained in the Guideline. For each scenario the greatest present value of accumulated surplus deficiency is calculated. The methodology utilizes a projected total statutory balance sheet approach by including all projected income, benefit and expense items related to the business in the model and sets the Conditional Tail Expectation Amount at a degree of confidence using the conditional tail expectation measure applied to the set of scenario specific greatest present values of accumulated statutory deficiencies that is deemed adequate to substantially cover the risk associated with the business, with recognition of benefits that concentrate risk in the tail. The implementation of a model involves decisions about the experience assumptions and the modeling techniques to be used in measuring the risks to which the company is exposed.

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The inclusion of this drafting note should not be construed as a recommendation that these provisions be inapplicable to any commercial line of insurance. Rather, it is inserted to recognize that some states may wish to provide such restrictions. The regulation adopted pursuant to this section may not alter [insert description, including whether the restriction applies to rates, forms or both. In the development of practical requirements for insurers to use in determining whether a risk is primarily located in this state, the commissioner shall consider whether the headquarters of the risk is located in this state and whether contracts of insurance are purchased by officers or employees that are primarily located in this state. For purposes of this section, the location of the headquarters shall be primarily determined by the location where the officers and senior management are physically located. The regulations shall provide that the requirements of [insert appropriate statutory references] will not apply when in conflict with a policy written for a commercial risk primarily located in another state. The report shall be based on relevant economic tests, including but not limited to those in Subsection C. The findings in the report shall not be based on any single measure of competition, but appropriate weight shall be given to all measures of competition. The report shall include a certification of whether or not competition exists in each form of insurance. All of the following may be considered by the commissioner for purposes of Subsections A and B: (1) the extent to which the largest insurer groups control the insurance marketplace. A specific insurance market shall be considered competitive, from the standpoint of market concentration, so long as, measured by premium volume, the cumulative share of the market controlled by the four (4) largest insurer groups in the specific market does not exceed fifty percent (50%). If the fifty percent (50%) threshold is surpassed, other measures of concentration, such as the Herfindahl-Hirshman Concentration Index, should also be considered, on the basis of both premium volume and policy counts, in determining the extent to which market concentration may be limiting market competition; Whether the total number of companies writing the form of insurance in this state is sufficient to provide multiple options to the public; the extent to which insurer entries and exits, considered over several years, suggest the presence or lack of entry or exit barriers or both; the degree to which the insurance products offered to consumers are homogenous in nature and, thus, comparable; the availability of insurance coverage in all geographic areas. The reports and certifications required under Subsections A and B shall be forwarded to the governor and all relevant members of the state legislature and shall be available to the public. However, if the commissioner certifies that a reasonable degree of competition does not exist with respect to a form of insurance on a statewide basis or any geographic areas, or that insurance is unavailable to a segment of the market who are, in good faith, entitled to obtain insurance through ordinary means, the commissioner shall take steps to enhance competition or availability where it does not exist. A plan for enhancing competition or availability adopted pursuant to this section shall be included in a final certification of noncompetition. The plan shall only relate to those geographic areas, classifications or kinds of risks where adequate competition has been certified not to exist. In determining whether or not a competitive market exists pursuant to Section 4, the commissioner shall monitor the degree of competition in this State. In doing so, the commissioner shall utilize existing relevant information, analytical systems and other sources; cause or participate in the development of new relevant information, analytical systems and other sources; or rely on some combination thereof. Such activities may be conducted internally within the insurance department, in cooperation with other state insurance departments, through outside contractors and/or in any other appropriate manner. Every advisory organization and every insurer shall, within a reasonable time after receiving written or electronic request, furnish to any insured affected by a rate made by the insurer, or to the authorized representative of the insured, all pertinent information as to such rate. Every advisory organization and every insurer shall provide within this sState reasonable means whereby the insured aggrieved by the application of its rating system may be heard, in person or by his or her authorized representative, on written request to review the manner in which such the rating system has been applied in connection with the insurance afforded the insured. If the advisory organization or insurer fails to grant or reject such the request within thirty (30) days after it is made, the applicant may proceed in the same manner as if the application had been rejected. Drafting Note: Language could be inserted here which would allow an insurer or advisory organization to charge a reasonable fee to cover the expense of providing any information requested under this section, but charges should not be permitted when the information relates to the specific application of an experience rating modification or a schedule rating modification. If, after a hearing held under this section, it is determined that the rates charged by an insurer are in excess of the otherwise appropriate rate, such overcharge shall be refunded to the insured. Consumer Information the commissioner shall utilizeuse, develop or cause to be developed a consumer information system that(s) which will provide and disseminate price and other relevant information on a readily available basis to purchasers of homeowners, private passenger nonfleet automobile, or property insurance for personal, family or household needs. The commissioner may utilizeuse, develop or cause to be developed a consumer information system(s) whichthat will provide and disseminate price and other relevant information on a readily available basis to purchasers of insurance for commercial risks and personal risks not otherwise specified hereinin the Act. Such the activity may be conducted internally within the insurance department, in cooperation with other state insurance departments, through outside contractors and/or in any other appropriate manner. To the extent deemed necessary and appropriate by the commissioner, insurers, advisory organizations, statistical agents and other persons or organizations involved in conducting the business of insurance in this sState, to which this section applies, shall cooperate in the development and utilization of a consumer information system(s). The assessments shall be made on an equitable and practicable basis established, after hearing, in a rule promulgated by the commissioner.

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In contrast, a reliable measure of intelligence- one that contains little measurement error-yields an identical (or nearly identical) intelligence score each time the same individual is measured. When conducting research, the researcher often measures each person only once; thus it is very important that a reliable measure is used. Researchers cannot use unreliable measures to systematically study variables or the relationships among variables. Reliability is increased when several questions are used to measure the variable of interest. Reliability is most likely to be achieved when researchers use careful measurement procedures. In some research areas, this might involve carefully training observers to record behavior; in other areas, it might mean paying close attention to the way questions are phrased. There are several ways to assess the reliability of a measure, all of which are based on correlation coefficients. Correlation coefficients are discussed in detail in Chapter 15; for now you should know that a correlation coefficient is a number that tells us how strongly two variables are related. When scores on two variables are very similar, the correlation coefficient describing the strength of the relationship will be high. To assess reliability of a measure, we need to obtain at least two scores On the measure from many individuals. A high correlation then implies that the scores reflect the true score; a low correlation implies that the scores are not consistent due to measurement error. Test-retest reliability measures the same individuals at two points in time, usually not more than a few weeks apart. Test-retest reliability is useful if the attribute being assessed is relatively stable, such as intelligence or personality attributes. If a child takes an intelligence test twice, we expect the two test scores to be similar. In contrast, low test-retest reliability would be expected for characteristics that change frequently, such as emotional state or fatigue. Here, a correlation is computed between scores On the first half of a measure and scores on the second half. Again, if the measure is reliable, a high correlation is expected; the persons taking the test would score similarly on each half of the test. If the split-half correlation is small, the total score cOntains little true score and is obscured by measurement error. Studies in which an observer records the behaviors of participants present a special problem of reliability. Interobserver reliability or interrater reliability can be determined by comparing the ratings of the observers. Observers often code complex behaviors, such as conflict in a conversation between parents and children. If one observer codes 12 instances of conflict and a second observer codes only 8, the difference between their observations represents measurement error, and the correlation will be low. Alternatively, when 53 there is agreement between the observers, the correlation coefficient will be high, indicating consistency among the observers. Validity A measure should have validity, which refers to the extent to which a variable has been adequately measured or manipulated. Do scores on the measure reflect the characteristic the researcher is interested in? Depression could be measured by the amount of time spent alone, but is that the only reason people spend time alone? Creativity could be defined in terms of speed of performance on a novel problemsolving task-is this valid? On the surface -literally on the face of it-does it look like the measure assesses the concept it is supposed to measure? To establish face validity, a researcher relies on commonsense judgment of whether the dependent measure appears to be appropriate. For example, a multiple-choice test based on terms from this textbook appears to have face validity as a measure of your learning. In a study of friendships, you are likely to ask children questions about who they play with at school, who they play with at home, what activities they engage in together, and why they are friends.

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In the freight train of the following Monday, squeezed in a sleepy crowd bundled in scarfs, I felt full of joy and alert as never before or after. I was ready to challenge everything and everyone, in the same way that I had challenged and defeated Auschwitz and loneliness: disposed, especially, to engage in joyous battle with the clumsy pyramid of orange livers that awaited me on the lakeshore. Was it not this that they had hammered into my head in the Fascist and Gentile liceo? I threw myself into the work with the same intensity that, at not so distant a period, we had attacked a rock wall; and the adversary was still the same, the not-I, the Button Molder,* the hyle: stupid matter, slothfully hostile as human stupidity is hostile, and like it strong because of its obtuse passivity. The two partners, the two fornicators from whose embrace had sprung our orange-colored monsters, were the chromate and the resin. The resin was fabricated on the spot: I found the birth certificate of all the batches, and they did not offer anything suspicious; the acidity was variable, but always inferior to 6, as prescribed. The chromate had been purchased from different suppliers, and it too had been duly inspected batch by batch. I felt my inner being as a chemist writhe, confronted by that abomination; in fact, one should know that the natural oscillations in the method of preparation of such a chromate, added to the inevitable analytical errors, make it extremely improbable that the many values found in different batches and on different days could coincide so exactly. But in fact at that time I did not yet know the frightening anesthetic power of company papers, their capacity to hobble, douse, and dull every leap of intuition and every spark of talent. It is well known to the scholarly that all secretions can be harmful or toxic: now under pathological conditions it is not rare that the paper, a company secretion, is reabsorbed to an excessive degree, and puts to sleep, paralyzes, or actually kills the organism from which it has been exuded. For some reason, some analyst had been betrayed by a defective method, or an impure reagent, or an incorrect habit; he had diligently totted up those so obviously suspicious but formally blameless results; he had punctiliously signed each analysis, and his signature, swelling like an avalanche, had been consolidated by the signatures of the lab chief, the technical director, and the general director. It was not surprising that, with time, he had developed a certain insensitivity to the real significance of the operations he was performing and the notes he was writing. I planned to look into his particular case but nobody knew anything more about him; my questions were met with dis- courteous or absentminded replies. I even had the suspicion that the job that had been assigned me had the secret purpose of getting me to bump into something or somebody; but by now this matter of the livering absorbed me body and soul, tripes et boyaux-in short, I was enamored of it almost as of that aforementioned girl, who in fact was a little jealous of it. The file card on prussian blue was stained with blue, the file card on glycerine was sticky, and the file card on fish oil smelled like sardines. I took out the file card on chromate, which due to long use had become sunrise, and read it carefully. It was all rather sensible and in keeping with my not-sofar-off scholastic notions; only one point seemed strange to me. Having achieved the disintegration of the pigment, it p rescribed adding twenty-three drops of a certain reagent. Now, a drop is not so definite a unit as to enta il so definite a numerical coefficient; and besides, when all is said and done, the prescribed dose was absurdly high: it would have flooded the analysis, leading in any case to a result in keeping with the specification. I looked at the back of the file card; it bore the date of the last review, January 4, 1944; the birth certificate of the first livered batch was on the succeeding February 22. But there is trouble in store for anyone who surrenders to the temptation of mistaking an elegant hypothesis for a certainty: the readers of detective stories know this quite well. I got hold of the sleepy man in charge of the storeroom, requested from him all the samples of all the shipments of chromate from January 1944 on, and barricaded myself behind a workbench for three days in order to analyze them according to the incorrect and correct methods. Gradually, as the results lined up in a column on the register, the boredom of repetitious work was being transformed into nervous gaiety, as when as children you play hide and seek and discover your opponent clumsily squat- ting behind a hedge. The diagnosis was confirmed, the pathogenesis discovered: it was now a matter of defining the therapy. This was found pretty soon, drawing on good inorganic chemistry, that distant Cartesian island, a lost paradise, for us organic chemists, bunglers, "students of gunks": it was necessary to neutralize in some way, within the sick body of that varnish, the excess of basicity due to free lead oxide. The acids were shown to be noxious from other aspects: I thought of ammonium chloride, capable of combining stably with lead oxide, producing an insoluble and inert chloride and freeing the ammonia. Tests on a small scale gave promising results: now quick, find the chloride, come to an agreement with the head of the Milling Department, slip into a small ball mill two of the livers disgusting to see and touch, add a weighed quantity of the presumed medicine, start the mill under the skeptical eyes of the onlookers. The mill, usually so noisy, started almost grudgingly, in a silence of bad omen, impeded by the gelatinous mass which stuck to the balls. All that was left was to go back to Turin to wait for Monday, telling the patient girl in whirlwind style the hypotheses arrived at, the things understood at the lakeshore, the spasmodic waiting for the sentence that the facts would pronounce. The following Monday the mill had regained its voice: it was in fact crunching away gaily with a full, continuous tone, without that rhythmic roaring that in a ball mill indicates bad maintenance or bad health.

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Maximal depth pegmatites are formed atpressures equivalent to depths greater than 11 km. These pegmatites occur in upper amphibolite- to granulite-facies tenains and commonly grade into migmatites. These pegmatites may be barren, allanite + monazite-bearing or ceramic (feldspar- sively studied. Miarolitic pegmatite disricts are cunently unlnown in Georgia but could occur associated with the numerous granitic intrusions in the low-grade metamorphic rocks of the Carolina Slate Belt. Extensive geochemical sampling has been done in each of these districts, but only the data from the Cherokee-Pickens disrict is presently available. In the southern part of the Appalachian pegmatite province, the most abundant types of pegmatites are the micabearing and the maximal depth pegmatites. Both of these types have been mined principally for their mica or feldspar content, respectively. The rare-element pegmatites are most notably represented in the Kings Mountain district, North Carolina. Granitic rocks have been mapped as Woodland Gneiss (Hewett and Crickmay, 1937) or Jeff Davis Granite (Clarke, 1952). Grenville-age) static, granulite facies mecamorphism was overprinted by probably mid-paleozoic, green- schist-amphibolite or lower amphibolite (kyanite) lacies metamorphism (Schamel and others, 1980). The Wacoochee Complex and the overlying metasedimentary rocks of the l,ate Precambrian Pine Mountain Series have been remobilized and folded into two large nappes overturned to the northwest. The pegmatites and the immediately surrounding host rocks are commonly deeply weathered and are poorly exposed. The pegmatites are composed predominantiy of muscovite + quartz + feldsparandareprobably mainly of the mica-bearing type. Beryl, tourmaline, g,lmet or apatite are present locally (Heinrich and others, 1953). The pegmatites are unzoned, poorly zoned, or distinctly zoned with two to In Jasper County, south and southeast of Monticello (Frgure 3), numerous large pegmatites form one of the most imporant pegmatite disricts in Georgia. Pegmatite bodies with more than two zones have monomineralic or bimineralic cores with a thin selvage or border zone of fine-grained quartz-feldspar rock. In the Thomaston-Barnesville disrict, mica was mined from three types of deposits: 1) disseminated mica,2) wallzone mica, and 3) core-margin (intermediate zone) mica. Most of the pegmatites are less than 200 feet long, although a few are 200 to 1,000 feet in length. The vertical extentbf these pegmatites is largely unknown, because mining rarely extended below 100 feet or the depth of weathering (Heinrich and others, 1953). Approximarely half of the pegmatires in the disrict are both pegmatites and gneissic foliation is northeast and the general dip is sourheast. Systematic mining in the disfict began about 1916 with the most extensive mining confined to the periods, l9l7-M ndl94l45 (Heinrich and others, 1953). Generalized geology of the Jasper County pelinatite district (after lvlatthews,1967 and Hooper, 1986). The Gladesville Norite and the enclosing sequence of layered gneisses of mafic o felsic composition comprise what is called the Bemer mafic complex (Hooper, 198Q. Theprevailing sEike of the pegmatites in the Jasper disrict are distinct from those in adjacent districts in that they are composed mainly of graphic granite with only minor muscovite. Where the grain sizebecomes greaterthan 1 inch, azoneof pinkgraphic granite of microcline and quartz occurs. Small masses (<2 feet) of quartz scattered on the mine dumps suggest a small core of massive qu:rtz may be developed in some of these pegmatites. A pegmatite near Enon Church is conspicuously zoned with a sugary-texhred, quartz-feldspar border zone, a 119 t07 Springs and Ball Ground) located in different thrust sheets which are sepamted by a barren thrust sheet. The host rocks are late Precambrian to early Paleozoic metasedimentary and blocky perthite intermediate zone and a quartz core (Matthews, 1967). Unusual vermiculite veins (altered from biotite) commonly cut across the wall zones of these pegmatites. Recognition of their potential for ceramic feldspar led to the development of this district. Pegmatites within the district are no longer mined, because the open pit mining methods of dragline and bulldozer reached maximum safety and economic deptlts.

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Institutional Review Boards are instrumental in assisting researchers in adherence to ethical standards. In all types of research -laboratory experiments, naturalistic observations, surveys, or interviews-the privacy and confidentiality of participants must be carefully guarded. Discuss the major ethical issues in developmental research: physical and psychological harm, deception, debriefing, and informed consent. How can researchers weigh the need to conduct research against the need for ethical procedures? Contrast your example with an example of research that places participants at psychological risk. Is informed consent necessary for an unobtrusive study of naturally occurring social behavior in a public shopping mall? In this chapter we will provide a brief overview of the initial steps in your project. You may feel that you are not creative enough to come up with a good idea for research. You may also be surprised to know that the process does not necessarily begin with a trip to the university library-idea sources are all around us. We will look at four sources; common sense, observations of the world around us, theories, and past research. Common Sense One good source of ideas that can be tested by research is your own common sense about things we all believe to be true or things our grandparents may have told us. An entire line of research on the effects of physical punishment was inspired by the Victorian warning, "Spare the rod and spoil the child! Testing a commonsense notion can be very informative because you may find that proverbs or adages such as these are not supported by research. The 28 phrase "use it or lose it" has been tied to research in cognitive deficits that may accompany aging. Adults with opportunities to practice problem-solving skills do not show the typical decline found in earlier studies (Schaie & Willis, 1986; Willis, 1990). You may become intensely curious about something important in your life and begin to study that topic. In fact, this type of curiosity is what drives many students to engage in their first research project. Do children really lose 110J0 of their knowledge over the summer as stated in the Phonics Game advertisement? Sometimes a serendipitous (lucky or fortuitous) event occurs that provides an opportunity for researchers to investigate topics that cannot be manipulated in an experimental situation, allowing for careful study of social events. Examples of serendipitous events include changes in the legal system, such as enactment of laws for child restraint seats and bicycle helmets, and reactions to natural disasters, such as hurricanes or earthquakes. As luck would have it, researchers Bowman and Okada (1997) were in the midst of an investigation on attitudes toward justice before the arrest of O. Data already had been collected for one group of participants who evaluated the degree of justice in hypothetical scenarios several months before the arrest of 0. To examine the impact of the publicity surrounding the Simpson criminal trial, additional participants were surveyed on two more occasions, one month after the verdicts were rendered and one year after the verdicts. The additional information allowed the investigators to assess the immediate and long-term effects of the Simpson verdicts. Perceptions of justice changed dramatically immediately after the verdicts, suggesting a lack of faith in the criminal justice system. By one year later, however, the impact had faded, leading Bowman and Okada to conclude that extensive media coverage of highprofile events does not have a lasting impact. There is almost always a current event issue related to human development in the news media. All of these issues can be approached empirically-that is, with research designed to address specific questions.


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More generally, the subjectivity of any "workably competitive" standard has been clearly articulated by Nobel prize winning economist George Stigler: "To determine whether any industry is workably competitive, therefore, simply have a good graduate student write his dissertation on the industry and render a verdict. It is crucial to this test, of course, that no second graduate student be allowed to study the industry. Inasmuch as a lack of "reasonable competition" is required under the California Insurance Code to determine whether additional rate regulation should be considered, a market should only be deemed "not reasonably competitive" if consumers are likely to be better off under that more regulated system. This notion of "reasonably competitive" is, in fact, the generally accepted interpretation among economists of what constitutes "workable competition. Given the fact that neither competitive markets nor markets with rate regulation are perfect, what responsible economists and policymakers must do is determine which system is "best" ­ even if not perfect. This requires a careful balancing of the likely costs and benefits of each system. George Stigler, "Report on Antitrust Policy ­ Discussion," American Economic Review 46 (May 1956): 505. This balancing would have to include a consideration of non-price factors such as service, quality and innovation. The significance of these potential problems has led noted economist Professor Paul Joskow to state: "Attempts by some states to go toward more price regulation rather than less should be vigorously discouraged. Regulators attempting to apply public utility ratemaking procedures to individual insurance firms or for the industry as a whole will be applying these techniques to an industry which has every single characteristic of historical regulatory disasters. Since there is no apparent reason to go this route, this can of worms should remain closed. As such, its conclusion that the California title insurance market fails to meet the criteria of "reasonably competitive" is entirely subjective and without merit. Home Sales $10,000 $9,000 Operating Revenue (in Millions $8,000 $7,000 $6,000 5 9 8 7 6 $5,000 4 $4,000 $3,000 $2,000 $1,000 $0 19 96 19 98 19 94 19 72 19 74 19 76 19 78 19 80 19 82 19 84 19 86 19 88 19 90 19 92 20 02 20 04 20 00 3 2 1 0 Title Industry Operating Revenue U. Refinance policy price based on loan amounts equal to 80 percent of the median home price. His most significant findings are that: the contractor report asserts that the California title insurance and escrow market is characterized by significant barriers to entry. The data show that 253 new escrow companies have entered the California market since 2003, and have opened 389 new offices. Over the same period, 13 new underwritten title companies have been licensed, and 26 underwritten title companies have entered new counties. The contractor report asserts that title insurers and underwritten title companies are earning excessive profits. The data also show that underwritten title companies earned a rate of return on equity in 2003 and 2004 which was less than that earned by accounting firms or legal services firms. The title insurance industry is characterized by high fixed costs, and periods of high profitability alternate with periods of low profitability. The contractor report asserts that title insurers charge prices that are so close that they indicate a lack of competition. The contractor report characterizes the monoline requirement as a barrier to entry. The monoline restriction is not a barrier to entry, but is a well-considered consumer safeguard, established by almost every state legislature because of the catastrophic failures of multiline companies that wrote both title insurance and mortgage insurance. Lipshutz has been a consultant to the title insurance industry for the past 34 years. After several years of teaching and research as an Assistant Professor of Physics at Duke University, Dr. Lipshutz founded Regulatory Research Corporation, a consulting firm of which he is President. His work in title insurance includes the development of statistical and financial reporting systems adopted as the basis of title insurance regulation in dozens of states. During 1993, he served as Coordinator of industry and consumer advisors to the Title Insurance Working Group of the National Association of Insurance Commissioners. He also serves as a consultant to various individual title insurance underwriters and underwritten title companies in areas including loss control, reserve analysis, strategic planning, and mergers and acquisitions.


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