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States are engaging in brute force (anti) federalism, where both sides of the political spectrum push agendas that extend beyond the Founder's early ideal of balanced federalism, using popular support and special interest groups' interests as their springboard. These trial‐and‐error tactics increase vertical and interstate horizontal frictions, create political and economic challenges for businesses, and increase American polarization. However, they also allow states the opportunity to force an increasingly stalemated federal government into action. This article introduces the concept of brute force (anti) federalism by first examining the evolution of modern federalism. It then offers a sampling of state brute force efforts, analyzes the effect of popular momentum and special interest groups on state political activity, advances broad‐based perspectives surrounding brute force (anti) federalism, and poses additional questions to be considered. [ABSTRACT FROM AUTHOR] more...

Professional baseball players are often thought of as making multi‐million‐dollar salaries, but most professional baseball players have recently made under $15,000 a year. Minor league players toiled under an onerous system resulting from baseball's judicially created antitrust exemption and lobbying efforts that exempted them from minimum wage and overtime. These factors allowed teams to impose a uniform player contract (UPC) on players with numerous unconscionable provisions for years. However, a late‐night Tweet in August of 2022 sent shockwaves through the sports and labor world, announcing that the Major League Baseball Players Association (MLBPA) was sending out authorization cards to represent minor league players. After years of fighting to maintain the authority to impose conditions on minor league players, through lobbying and litigation, Major League Baseball (MLB) turned over a new leaf and recognized the unionization of minor league players under the MLBPA less than three weeks later. In light of this long sought‐after recognition, this article takes a novel approach. First, it provides historical context for baseball's unique ability to impose working conditions on minor leaguers without significant concern for legal ramifications. Second, it provides an overview of the doctrine of contractual unconscionability and analyzes the prior UPC as an unconscionable agreement. Finally, it details the historic unionization process and makes detailed recommendations to ameliorate the unconscionable conditions minor league players have faced when they negotiate with MLB owners to draft their initial collective bargaining agreement. [ABSTRACT FROM AUTHOR] more...

This article uses the context of daily fantasy sports (DFS) to analyze how companies use strategic categorization in regulatory arbitrage. Recent actions by two leaders in the DFS industry, DraftKings and FanDuel, provide an ideal context to study this issue. DraftKings and FanDuel categorized themselves differently to different audiences at different times in a manner that evaded categorization as an illegal gambling activity, only to then dominate the sports betting market after the Supreme Court's decision in Murphy v. NCAA. We examine how this type of strategic categorization, which we call "fluid categorization," raises important questions for regulators and others concerned with regulatory arbitrage. We also explore how fluid categorization provides lessons for other businesses. While this article has broad implications for the sports gambling marketplace, it also contributes to meaningful discourse for the broader business community, as its findings are relevant to industries beyond DFS that offer gray market products and seek to fight categorical labels until there is a reclassification event. [ABSTRACT FROM AUTHOR] more...

Esports is now a multibillion‐dollar industry that has quickly become one of the most discussed segments of the entertainment industry. There has been a rush to mention esports alongside other more traditional sports like baseball, basketball, football, and hockey, but the comparison may not be apt. Esports leagues are fundamentally different from traditional sports leagues because the competitive games that make up esports are the intellectual property of the game makers. This unique structure results in individualized relationships between the game makers, esports producers, the teams, and the competitors. This article is among the first to examine the legal status of esports competitors. In doing so, we discuss the employment conditions within esports that make them unique. The industry is poised to face significant labor‐related challenges in the near future, so the article also analyzes the labor issues esports competitors and leagues face, and the importance for stakeholders to pay attention to the legal status and working conditions of the competitors. [ABSTRACT FROM AUTHOR] more...

We confirm that distributions of human response times have power-law tails and argue that, among closed-form distributions, the generalized inverse gamma distribution is the most plausible choice for their description. We speculate that the task difficulty tracks the half-width of the distribution and show that it is related to the exponent of the power-law tail. © 2015 Wiley Periodicals, Inc. Complexity 21: 61-69, 2016 [ABSTRACT FROM AUTHOR] more...

The application of dynamical systems methods and concepts to cognitive phenomena has broadened the range of testable hypotheses and theoretical narratives available to cognitive scientists. Most research in cognitive dynamics tests the degree to which observed cognitive performance is consistent with one or another core phenomena associated with complex dynamical systems, such as tests for phase transitions, coupling among processes, or scaling laws. Early applications of dynamical systems theory to perceptual-motor performance and developmental psychology paved the way for more recent applications of dynamical systems analyses, models, and theoretical concepts in areas such as learning, memory, speech perception, decision making, problem solving, and reading, among others. Reviews of the empirical results of both foundational and contemporary cognitive dynamics are provided. WIREs Cogn Sci 2012. doi: 10.1002/wcs.1200 For further resources related to this article, please visit the WIREs website. [ABSTRACT FROM AUTHOR] more...

The complex-systems approach to cognitive science seeks to move beyond the formalism of information exchange and to situate cognition within the broader formalism of energy flow. Changes in cognitive performance exhibit a fractal (i.e., power-law) relationship between size and time scale. These fractal fluctuations reflect the flow of energy at all scales governing cognition. Information transfer, as traditionally understood in the cognitive sciences, may be a subset of this multiscale energy flow. The cognitive system exhibits not just a single power-law relationship between fluctuation size and time scale but actually exhibits many power-law relationships, whether over time or space. This change in fractal scaling, that is, multifractality, provides new insights into changes in energy flow through the cognitive system. We survey recent findings demonstrating the role of multifractality in (a) understanding atypical developmental outcomes, and (b) predicting cognitive change. We propose that multifractality provides insights into energy flows driving the emergence of cognitive structure. [ABSTRACT FROM AUTHOR] more...

Human neural and behavioral activities have been reported to exhibit fractal dynamics known as 1/f noise, which is more aptly named 1/f scaling. Some argue that 1/f scaling is a general and pervasive property of the dynamical substrate from which cognitive functions are formed. Others argue that it is an idiosyncratic property of domain-specific processes. An experiment was conducted to investigate whether 1/f scaling pervades the intrinsic fluctuations of a spoken word. Ten participants each repeated the word bucket over 1,000 times, and fluctuations in acoustic measurements across repetitions generally followed the 1/f scaling relation, including numerous parallel yet distinct series of 1/f fluctuations. On the basis of work showing that 1/f scaling is a universal earmark of metastability, it is proposed that the observed pervasiveness of 1/f fluctuations in speech reflects the fact that cognitive functions are formed as metastable patterns of activity in brain, body, and environment. [ABSTRACT FROM AUTHOR] more...

Audit has been a major part of attempts to improve patient care in Britain, with substantial resources devoted to it since the 1990 National Health Service reforms. Systematic reviews have considered audit to be of variable, but often moderate, effectiveness. However, these have included few studies from British primary care, and as quality improvement activities may be context specific, it is hard to judge how effective audit has been here. A search for audits published in peer-reviewed journals revealed 48 two-stage projects carried out in British general practice, of which 27 principally concerned chronic disease management and nine prescribing. Most audits showed some improvements in performance, and those using controls showed 27/56 (48%) parameters had changed significantly ( P < 0.05). This review adds further evidence that audit can often be moderately effective. However, it is frequently used as one of a complex set of interventions making precise evaluation difficult. Those responsible for clinical governance will need to choose carefully the subjects they audit in order to use their limited resources to maximum effect. These projects are illustrative examples but once again do not identify any ‘magic bullets’ that would be highly likely to improve professional performance. [ABSTRACT FROM AUTHOR] more...

Abstract The Hawthorne studies in the 1930s demonstrated how difficult it is to understand workplace behaviour, and this includes professional performance. Studies of interventions to improve professional performance, such as audit, can provide useful information for those considering using such methods, but cannot replace judgement. In particular, there is no single phenomenon that can be labelled ‘the Hawthorne effect’. The process of triangulation, considering a subject from different perspectives, might overcome the problems of Hawthorne effects better than using a single method such as controlled trials. [ABSTRACT FROM AUTHOR] more...

The history of audit is traced over the past 30 years demonstrating how it has come to dominate attempts to improve the quality of patient care in British general practice. Nevertheless it is still uncertain whether audit usually or occasionally yields such improvements. There is much more to learn about audit including whether any benefits it brings are through professional education. I suggest that the use of audit as a foundation upon which clinical governance is built is not a secure one. [ABSTRACT FROM AUTHOR] more...

ObjectiveEvaluation of a general practitioner tutor visit, or mailing, with regard to the amount of practice-based education occurring in general practices. DesignAn initial survey of all practices in the Mersey Deanery was undertaken. General practices which replied were randomly allocated to receive a GP tutor visit (n=38), to receive a mailing (n=38) or to a control group (n=36). Visits carried out by tutors covered a loosely agreed format. All practices were sent a follow-up survey identical to the original one at 6 months after the intervention. SettingGeneral practices in the Mersey Deanery, north-west England. SubjectsGeneral practices which had replied to an initial survey. ResultsThe amount of both specifically arranged and informal practice-based meetings increased in all groups. No changes were statistically significant. ConclusionsThis study illustrates the difficulty of assessing educational interventions by randomized controlled trials. Such interventions are often expensive, complex and difficult to standardize. A substantial amount of practice-based education is taking place. [ABSTRACT FROM AUTHOR] more...

The article discusses the medical concerns associated with the competitive video game contests known as esports. Topics discussed include the physical mental exhaustion associated with esports, similarities between esports and traditional sports, and findings on a joint survey conducted by Bond University and the Interactive Games and Entertainment Association on video game habits of children in Australia. more...