Published version of the CSED October 2007 Working Paper

ABSTRACT

Background

In classical mathematical epidemiology, individuals do not adapt their contact behavior during epidemics. They do not endogenously engage, for example, in social distancing based on fear. Yet, adaptive behavior is well-documented in true epidemics. We explore the effect of including such behavior in models of epidemic dynamics.

Methodology/Principal Findings

Using both nonlinear dynamical systems and agent-based computation, we model two interacting contagion processes: one of disease and one of fear of the disease. Individuals can “contract” fear through contact with individuals who are infected with the disease (the sick), infected with fear only (the scared), and infected with both fear and disease (the sick and scared). Scared individuals–whether sick or not–may remove themselves from circulation with some probability, which affects the contact dynamic, and thus the disease epidemic proper. If we allow individuals to recover from fear and return to circulation, the coupled dynamics become quite rich, and can include multiple waves of infection. We also study flight as a behavioral response.

Conclusions/Significance

In a spatially extended setting, even relatively small levels of fear-inspired flight can have a dramatic impact on spatio-temporal epidemic dynamics. Self-isolation and spatial flight are only two of many possible actions that fear-infected individuals may take. Our main point is that behavioral adaptation of some sort must be considered.”

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During debates in Congress and in the legal battles testing its constitutionality, critics of the Bipartisan Campaign Reform Act of 2002 imagined a host of unanticipated and debilitating consequences. The law's ban on party soft money and the regulation of electioneering advertising would, they warned, produce a parade of horribles: A decline in political speech protected by the First Amendment, the demise of political parties, and the dominance of interest groups in federal election campaigns.

The forecast that attracted the most believers — among politicians, journalists, political consultants, election-law attorneys and scholars — was the claim that Democrats would be unable to compete against Republicans under the new rules, primarily because the Democrats' relative ability to raise funds would be severely crippled. One year ago, Seth Gitell in The Atlantic Monthly summarized this view and went so far as to call the new law "The Democratic Party Suicide Bill." Gitell quoted a leading Democratic Party attorney, who expressed his private view of the law as "a fascist monstrosity." He continued, "It is grossly offensive ... and on a fundamental level it's horrible public policy, because it emasculates the parties to the benefit of narrow-focus special-interest groups. And it's a disaster for the Democrats. Other than that, it's great."

The core argument was straightforward. Democratic Party committees were more dependent on soft money — unlimited contributions from corporations, unions and individuals — than were the Republicans. While they managed to match Republicans in soft-money contributions, they trailed badly in federally limited hard-money contributions. Hence, the abolition of soft money would put the Democrats at a severe disadvantage in presidential and Congressional elections.

In addition, the argument went, by increasing the amount an individual could give to a candidate from $1,000 to $2,000, the law would provide a big financial boost to President Bush, who would double the $100 million he raised in 2000 and vastly outspend his Democratic challenger. Finally, the ban on soft money would weaken the Democratic Party's get-out-the-vote efforts, particularly in minority communities, while the regulation of "issue ads" would remove a potent electoral weapon from the arsenal of labor unions, the party's most critical supporter.

After 18 months of experience under the law, the fundraising patterns in this year's election suggest that these concerns were greatly exaggerated. Money is flowing freely in the campaign, and many voices are being heard. The political parties have adapted well to an all-hard-money world and have suffered no decline in total revenues. And interest groups are playing a secondary role to that of the candidates and parties.

The financial position of the Democratic party is strikingly improved from what was imagined a year ago. Sen. John Kerry (D-Mass.), who opted out of public funding before the Iowa caucuses, will raise more than $200 million before he accepts his party's nomination in Boston. The unusual unity and energy in Democrats' ranks have fueled an extraordinary flood of small donations to the Kerry campaign, mainly over the Internet. These have been complemented by a series of successful events courting $1,000 and $2,000 donors.

Indeed, since Kerry emerged as the prospective nominee in March, he has raised more than twice as much as Bush and has matched the Bush campaign's unprecedented media buys in battleground states, while also profiting from tens of millions of dollars in broadcast ads run by independent groups that are operating largely outside the strictures of federal election law.

The Democratic national party committees have adjusted to the ban on soft money much more successfully than insiders had thought possible. Instead of relying on large soft-money gifts for half of their funding, Democrats have shown a renewed commitment to small donors and have relied on grassroots supporters to fill their campaign coffers. After the 2000 election, the Democratic National Committee had 400,000 direct-mail donors; today the committee has more than 1.5 million, and hundreds of thousands more who contribute over the Internet.

By the end of June, the three Democratic committees had already raised $230 million in hard money alone, compared to $227 million in hard and soft money combined at this point in the 2000 election cycle. They have demonstrated their ability to replace the soft money they received in previous elections with new contributions from individual donors.

Democrats are also showing financial momentum as the election nears, and thus have been gradually reducing the Republican financial advantage in both receipts and cash on hand. In 2003, Democrats trailed Republicans by a large margin, raising only $95 million, compared to $206 million for the GOP. But in the first quarter of this year, Democrats began to close the gap, raising $50 million, compared to $82 million for Republicans. In the most recent quarter, they narrowed the gap even further, raising $85 million, compared to the Republicans' $96 million.

Democrats are now certain to have ample funds for the fall campaigns. Although they had less than $20 million in the bank (minus debts) at the beginning of this year, they have now banked $92 million. In the past three months, Democrats actually beat Republicans in generating cash — $47 million, compared to $31 million for the GOP.

The party, therefore, has the means to finance a strong coordinated and/or independent-spending campaign on behalf of the presidential ticket, while Congressional committees have the resources they need to play in every competitive Senate and House race, thanks in part to the fundraising support they have received from Members of Congress.

Moreover, FEC reports through June confirm that Democratic candidates in those competitive Senate and House races are more than holding their own in fundraising. They will be aided by a number of Democratic-leaning groups that have committed substantial resources to identify and turn out Democratic voters on Election Day.

Democrats are highly motivated to defeat Bush and regain control of one or both houses of Congress. BCRA has not frustrated these efforts. Democrats are financially competitive with Republicans, which means the outcome will not be determined by a disparity of resources. Put simply, the doomsday scenario conjured up by critics of the new campaign finance law has not come to pass.

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Despite the attention on the mid-term races, few elections are competitive. Electoral competition, already low at the national level, is in decline in state and primary elections as well. Reformers, who point to gerrymandering and a host of other targets for change, argue that improving competition will produce voters who are more interested in elections, better-informed on issues, and more likely to turn out to the polls.

On October 27, the Brookings Institution—in conjunction with the Cato Institute and The Pew Research Center—presented a discussion and a groundbreaking survey exploring the attitudes and opinions of voters in competitive and noncompetitive congressional districts. The survey, part of Pew's regular polling on voter attitudes, was conducted through the weekend of October 21. A series of questions explored the public's perceptions, knowledge, and opinions about electoral competitiveness.

The discussion also explored a publication that addresses the startling lack of competition in our democratic system. The Marketplace of Democracy: Electoral Competition and American Politics (Brookings, 2006), considers the historical development, legal background, and political aspects of a system that is supposed to be responsive and accountable, yet for many is becoming stagnant, self-perpetuating, and tone-deaf. Michael McDonald, editor and Brookings visiting fellow, moderated a discussion among co-editor John Samples, director of the Center for Representative Government at the Cato Institute, and Andrew Kohut and Scott Keeter from The Pew Research Center, who also discussed the survey.

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On November 7, millions of Americans will exercise their civic duty to vote. At stake will be control of the House and Senate, not to mention the success of individual candidates running for office. President Bush's "stay the course" agenda will either be enabled over the next two years by a Republican Congress or knocked off kilter by a Democratic one.

With so much at stake, it is not surprising that the Pew Research Center found that 51 percent of registered voters have given a lot of thought to this November's election. This is higher than any other recent midterm election, including 44 percent in 1994, the year Republicans took control of the House. If so, turnout should better the 1994 turnout rate among eligible voters of 41 percent.

There is good reason to suspect that despite the high interest, turnout will not exceed 1994. The problem is that a national poll is, well, a national poll, and does not measure attitudes of voters within states and districts.

People vote when there is a reason to do so. Republican and Democratic agendas are in stark contrast on important issues, but voters also need to believe that their vote will matter in deciding who will represent them. It is here that the American electoral system is broken for many voters.

Voters have little choice in most elections. In 1994, Congressional Quarterly called 98 House elections as competitive. Today, they list 51. To put it another way, we are already fairly confident of the winner in nearly 90 percent of House races. Although there is no similar tracking for state legislative offices, we know that the number of elections won by less than 60 percent of the vote has fallen since 1994.

The real damage to the national turnout rate is in the large states of California and New York, which together account for 17 percent of the country's eligible voters. Neither state has a competitive Senate or Governor's election, and few competitive House or state legislative races. Compare to 1994, when Californians participated in competitive Senate and governor races the state's turnout was 5 percentage points above the national rate. The same year New York's competitive governor's race helped boost turnout a point above the national rate.

Lacking stimulation from two of the largest states, turnout boosts will have to come from elsewhere. Texas has an interesting four-way governor's race that might draw from infrequent voters to the polls. Ohio's competitive Senate race and some House races might also draw voters. However, in other large states like Florida, Illinois, Michigan and Pennsylvania, turnout will suffer from largely uncompetitive statewide races.

The national turnout rate will likely be less than 1994 and fall shy of 40 percent. This is not to say that turnout will be poor everywhere. Energized voters in Connecticut get to vote in an interesting Senate race and three of five Connecticut House seats are up for grabs. The problem is that turnout will be localized in these few areas of competition.

The fault is not on the voters; people's lives are busy, and a rational person will abstain when their vote does not matter to the election outcome. The political parties also are sensitive to competition and focus their limited resources where elections are competitive. Television advertising and other mobilizing efforts by campaigns will only be found in competitive races.

The old adage of "build it and they will come" is relevant. All but hardcore sports fans tune out a blowout. Building competitive elections -- and giving voters real choices -- will do much to increase voter turnout in American politics. There are a number of reforms on the table: redistricting to create competitive districts, campaign financing to give candidates equal resources, and even altering the electoral system to fundamentally change how a vote elects representatives. If voters want choice and a government more responsive to their needs, they should consider how these seemingly arcane election procedures have real consequences on motivating them to do the most fundamental democratic action: vote.

Universities cash handsome awards on infringement cases

Last month, a jury found Apple Inc. guilty of infringing a patent of the University of Wisconsin-Madison (UW) and ordered the tech giant to pay $234 million. The university scored a big financial victory, but this hardly meant any gain for the good name of the university.

The plaintiffs argued successfully in court that Apple infringed their 1998 patent on a predictor circuit that greatly improved the efficiency of microchips used in the popular iPhone 5s, 6, and 6 Plus. Apple first responded by challenging the validity of the patent, but the US Patent and Trademark Office ruled in favor of the university. Apple plans to appeal, but the appellate court is not likely to reverse the lower court’s decision.

This is not the first time this university has asserted its patents rights (UW sued Intel in 2008 for this exact same patent and reportedly settled for $110 million). Nor is this the first time universities in general have taken infringers to court. Prominent cases in recent memory include Boston University, which sued several companies for infringement of a patent for blue light-emitting diodes and settled out of court with most of them, and Carnegie Mellon, who was awarded $237 million by the federal appellate court on its infringement suit against Marvell, a semiconductor company, for its use of an enhanced detector of data in hard drives called Kavcic detectors.

Means not always aligned with aims in patent law

When university inventions emerge from federal research grants, universities can also sue the infringers, but in those cases they would be testing the accepted interpretations of current patent law.

The Bayh-Dole Act of 1980 extended patent law and gave small-business and universities the right to take title to patents from federal grants—later it was amended to extend the right to all federal grantees regardless of size. The ostensible aim of this act is to “to promote the utilization of inventions arising from federally supported research or development.” Under the law, a condition for universities to keep their exclusive rights on those patents is that they or their licensees take “effective steps to achieve practical application” of those patents. Bayh-Dole was not designed to create a new source of revenue for universities. If companies are effectively using university technologies, Bayh-Dole’s purpose is served without need of the patents.

To understand this point, consider a counterfactual: What if the text of Bayh-Dole had been originally composed to grant a conditional right to patents for federal research grantees? The condition could be stated like this: “This policy seeks to promote the commercialization of federally funded research and to this end it will use the patent system. Grantees may take title to patents if and only if other mechanisms for disseminating and developing those inventions into useful applications prove unsuccessful.” Under this imagined text, the universities could still take title to patents on their inventions if they or the U.S. Patent and Trademark Office were not aware that the technologies were being used in manufactures.

But no court would find their infringement claim meritorious if the accused companies could demonstrate that, absent of willful infringement, they had in fact used the technologies covered by university patents in their commercial products. In this case, other mechanisms for disseminating and developing the technologies would have proven successful indeed. The reality that Bayh-Dole did not mandate such a contingent assignation of rights creates a contradiction between its aims and the means chosen to advance those aims for the subset of patents that were already in use by industry.

I should clarify that the predictor circuit, the blue-light diode, and the Kavcic detectors are not in that subset of patents. But even in they were, there is no indication that the University of Wisconsin-Madison would have exercised its patent rights with any less vigor just because the original research was funded by public funds. Today, it is fully expected from universities to aggressively assert their patent rights regardless of the source of funding for the original research.

You can have an answer for every question and still lose the debate

It is this litigious attitude that puts off many observers. While the law may very well allow universities to be litigious, universities could still refuse to exercise their rights under circumstances in which those rights are not easily reconciled with the public mission of the university.

Universities administrators, tech transfer personnel, and particularly the legal teams winning infringement cases have legitimate reasons to wonder why universities are publicly scorned. After all, they are acting within the law and simply protecting their patent rights; they are doing what any rational person would do. They may be really surprised when critics accuse universities of becoming allies of patent trolls, or of aiding and abetting their actions. Such accusations are unwarranted. Trolls are truants; the universities are venerable institutions. Patent trolls would exploit the ambiguities of patent law and the burdens of due process to their own benefit and to the detriment of truly productive businesses and persons. In stark contrast, universities are long established partners of democracy, respected beyond ideological divides for their abundant contributions to society.

The critics may not be fully considering the intricacies of patent law. Or they may forget that universities are in need of additional revenue—higher education has not seen public financial support increase in recent years, with federal grants roughly stagnated and state funding falling drastically in some states. Critics may also ignore that revenues collected from licensing of patents, favorable court rulings, and out-of-court settlements, are to a large extent (usually two thirds of the total) plugged back into the research enterprise.

University attorneys may have an answer for every point that critics raise, but the overall concern of critics should not be dismissed outright. Given that many if not most university patents can be traced back to research funded by tax dollars, there is a legitimate reason for observers to expect universities to manage their patents with a degree of restraint. There is also a legitimate reason for public disappointment when universities do not seem to endeavor to balance the tensions between their rights and duties.

Substantive steps to improve the universities’ public image

Universities can become more responsive to public expectations about their character not only by promoting their good work, but also by taking substantive steps to correct misperceptions.

First, when universities discover a case of proven infringement, they should take companies to court as a measure of last resort. If a particular company refuses to negotiate in good faith and an infringement case ends up in court, the universities should be prepared to demonstrate to the court of public opinion that they have tried, with sufficient insistence and time, to negotiate a license and even made concessions in pricing the license. In the case of the predictor circuit patent, it seems that the University of Wisconsin-Madison tried to license the technology and Apple refused, but the university would be in a much better position if it could demonstrate that the licensing deals offered to Apple would have turned to be far less expensive for the tech company.

Second, universities would be well advised not to join any efforts to lobby Congress for stronger patent protection. At least two reasons substantiate this suggestion. First, as a matter of principle, the dogmatic belief that without patents there is no innovation is wrong. Second, as a matter of material interest, universities as a group do not have a financial interest in patenting. It’s worth elaborating these points a bit more.

Neither historians nor social science researchers have settled the question about the net effects of patents on innovation. While there is evidence of social benefits from patent-based innovation, there is also evidence of social costs associated with patent-monopolies, and even more evidence of momentous innovations that required no patents. What’s more, the net social benefit varies across industries and over time. Research shows economic areas in which patents do spur innovation and economic sectors where it actually hinders them. This research explains, for instance, why some computer and Internet giants lobby Congress in the opposite direction to the biotech and big pharma industries. Rigorous industrial surveys of the 1980s and 1990s found that companies in most economic sectors did not use patents as their primary tool to protect their R&D investments.

Yet patenting has increased rapidly over the past four decades. This increase includes industries that once were uninterested in patents. Economic analyses have shown that this new patenting is a business strategy against patent litigation. Companies are building patent portfolios as a defensive strategy, not because they are innovating more. The university’s public position on patent policy should acknowledge that the debate on the impact of patents on innovation is not settled and that this impact cannot be observed in the aggregate, but must be considered in the context of each specific economic sector, industry, or even market. From this vantage point, universities could then turn up or down the intensity with which they negotiate licenses and pursue compensation for infringement. Universities would better assert their commitment to their public mission if they compute on a case by case basis the balance between social benefits and costs for each of its controversial patents.

As to the material interest in patents, it is understandable that some patent attorneys or the biotech lobby publicly espouse the dogma of patents, that there is no innovation without patents. After all, their livelihood depends on it. However, research universities as a group do not have any significant financial interest in stronger patent protection. As I have shown in a previous Brookings paper, the vast majority of research universities earn very little from their patent portfolios and about 87% of tech transfer offices operate in the red. Universities as a group receive so little income from licensing and asserting their patents relative to the generous federal support (below 3%), that if the federal government were to declare that grant reviewers should give a preference to universities that do not patent, all research universities would stop the practice at once. It is true that a few universities (like the University of Wisconsin-Madison) raise significant revenue from their patent portfolio, and they will continue to do so regardless of public protestations. But the majority of universities do not have a material interest in patenting.

Time to get it right on anti-troll legislation

Last year, the House of Representative passed legislation closing loopholes and introducing disincentives for patent trolls. Just as mirror legislation was about to be considered in the Senate, Sen. Patrick Leahy withdrew it from the Judiciary Committee. It was reported that Sen. Harry Reid forced the hand of Mr. Leahy to kill the bill in committee. In the public sphere, the shrewd lobbying efforts to derail the bill were perceived to be pro-troll interests. The lobbying came from pharmaceutical companies, biotech companies, patent attorneys, and, to the surprise of everyone, universities.  Little wonder that critics overreacted and suggested universities were in partnership with trolls: even if they were wrong, these accusations stung.

University associations took that position out of a sincere belief in the dogma of patents and out of fear that the proposed anti-troll legislation limited their ability to sue patent infringers. However, their convictions stand on shaky ground and their material interests are not those of the vast majority of universities.

A reversal of that position is not only possible, but would be timely. When anti-troll legislation is again introduced in Congress, universities should distance themselves from efforts to protect the policy status quo that so benefits patent trolls. It is not altogether improbable that Congress sees fit to exempt universities from some of the requirements that the law would impose. University associations could show Congress the merit of such exemptions in consideration of the universities’ constant and significant contributions to states, regions, and the nation. However, no such concessions could ever be expected if the universities continue to place themselves in the company of those who profit from patent management.

No asset is more valuable for universities than their prestige. It is the ample recognition of their value in society that guarantees tax dollars will continue to flow into universities. While acting legally to protect their patent rights, universities are nevertheless toying with their own legitimacy. Let those universities that stand to gain from litigation act in their self-interest, but do not let them speak for all universities. When university associations advocate for stronger patent protection, they do the majority of universities a disservice. These associations should better represent the interests of all their members by advocating a more neutral position about patent reform, by publicly praising universities’ restraint on patent litigation, and by promoting a culture and readiness in technology transfer offices to appraise each patent not by its market value but by its social value. At the same time, the majority of universities that obtain neither private nor social benefits from patenting should press their political representatives to adopt a more balanced approach to policy advocacy, lest they squander the reputation of the entire university system.

This post originally appeared on the Center for Technology Innovation’s TechTank blog.

Universities cash handsome awards on infringement cases

This October, a jury found Apple Inc. guilty of infringing a patent of the University of Wisconsin-Madison (UW) and ordered the tech giant to pay $234 million. The university scored a big financial victory, but this hardly meant any gain for the good name of the university.

The plaintiffs argued successfully in court that Apple infringed their 1998 patent on a predictor circuit that greatly improved the efficiency of microchips used in the popular iPhone 5s, 6, and 6 Plus. Apple first responded by challenging the validity of the patent, but the US Patent and Trademark Office ruled in favor of the university. Apple plans to appeal, but the appellate court is not likely to reverse the lower court’s decision.

This is not the first time this university has asserted its patents rights (UW sued Intel in 2008 for this exact same patent and reportedly settled for $110 million). Nor is this the first time universities in general have taken infringers to court. Prominent cases in recent memory include Boston University, which sued several companies for infringement of a patent for blue light-emitting diodes and settled out of court with most of them, and Carnegie Mellon, who was awarded $237 million by the federal appellate court on its infringement suit against Marvell, a semiconductor company, for its use of an enhanced detector of data in hard drives called Kavcic detectors.

Means not always aligned with aims in patent law

When university patented inventions emerge from federal research grants, infringement suits test the accepted interpretations of current patent law.

The Bayh-Dole Act of 1980 extended patent law and gave small-business and universities the right to take title to patents from federal research grants—later it was amended to extend the right to all federal grantees regardless of size. The ostensible aim of this act is to “to promote the utilization of inventions arising from federally supported research or development.” Under the law, a condition for universities (or any other government research performers) to keep their exclusive rights on those patents is that they or their licensees take “effective steps to achieve practical application” of those patents. Bayh-Dole was not designed to create a new source of revenue for universities. If companies are effectively using university technologies, Bayh-Dole’s purpose is served without need of patents.

To understand this point, consider a counterfactual: What if the text of Bayh-Dole had been originally composed to grant a conditional right to patents for federal research grantees? The condition could be stated like this: “This policy seeks to promote the commercialization of federally funded research and to this end it will use the patent system. Grantees may take title to patents if and only if other mechanisms for disseminating and developing those inventions into useful applications prove unsuccessful.” Under this imagined text, the universities could still take title to patents on their inventions if they or the U.S. Patent and Trademark Office were not aware that the technologies were being used in manufactures.

But no court would find their infringement claim meritorious if the accused companies could demonstrate that, absent of willful infringement, they had in fact used the technologies covered by university patents in their commercial products. In this case, other mechanisms for disseminating and developing the technologies would have proven successful indeed. The reality that Bayh-Dole did not mandate such a contingent assignation of rights creates a contradiction between its aims and the means chosen to advance those aims for the subset of patents that were already in use by industry.

I should remark that UW’s predictor circuit resulted from grants from NSF and DARPA and there is no indication that the university exercised its patent rights with any less vigor just because the original research was funded by public funds. In fact, it is fully expected from universities to aggressively assert their patent rights regardless of the source of funding for the original research.

You can have an answer for every question and still lose the debate

It is this litigious attitude that puts off many observers. While the law may very well allow universities to be litigious, universities could still refuse to exercise their rights under circumstances in which those rights are not easily reconciled with the public mission of the university.

Universities administrators, tech transfer personnel, and particularly the legal teams winning infringement cases have legitimate reasons to wonder why universities are publicly scorned. After all, they are acting within the law and simply protecting their patent rights; they are doing what any rational person would do. They may be really surprised when critics accuse universities of becoming allies of patent trolls, or of aiding and abetting their actions. Such accusations are unwarranted. Trolls are truants; the universities are venerable institutions. Patent trolls would exploit the ambiguities of patent law and the burdens of due process to their own benefit and to the detriment of truly productive businesses and persons. In stark contrast, universities are long established partners of democracy, respected beyond ideological divides for their abundant contributions to society.

The critics may not be fully considering the intricacies of patent law. Or they may forget that universities are in need of additional revenue—higher education has not seen public financial support increase in recent years, with federal grants roughly stagnated and state funding falling drastically in some states. Critics may also ignore that revenues collected from licensing of patents, favorable court rulings, and out-of-court settlements, are to a large extent (usually two thirds of the total) plugged back into the research enterprise.

University attorneys may have an answer for every point that critics raise, but the overall concern of critics should not be dismissed outright. Given that many if not most university patents can be traced back to research funded by tax dollars, there is a legitimate reason for observers to expect universities to manage their patents with a degree of restraint. There is also a legitimate reason for public disappointment when universities do not seem to endeavor to balance the tensions between their rights and duties.

Substantive steps to improve the universities’ public image

Universities can become more responsive to public expectations about their character not only by promoting their good work, but also by taking substantive steps to correct misperceptions.

First, when universities discover a case of proven infringement, they should take companies to court as a measure of last resort. If a particular company refuses to negotiate in good faith and an infringement case ends up in court, the universities should be prepared to demonstrate to the court of public opinion that they have tried, with sufficient insistence and time, to negotiate a license and even made concessions in pricing the license. In the case of the predictor circuit patent, it seems that the University of Wisconsin-Madison tried to license the technology and Apple refused, but the university would be in a much better position if it could demonstrate that the licensing deals offered to Apple would have turned to be far less expensive for the tech company.

Second, universities would be well advised not to join any efforts to lobby Congress for stronger patent protection. At least two reasons substantiate this suggestion. First, as a matter of principle, the dogmatic belief that without patents there is no innovation is wrong. Second, as a matter of material interest, universities as a group do not have a financial interest in patenting. It’s worth elaborating these points a bit more.

Neither historians nor social science researchers have settled the question about the net effects of patents on innovation. While there is evidence of social benefits from patent-based innovation, there is also evidence of social costs associated with patent-monopolies, and even more evidence of momentous innovations that required no patents. What’s more, the net social benefit varies across industries and over time. Research shows economic areas in which patents do spur innovation and economic sectors where it actually hinders them. This research explains, for instance, why some computer and Internet giants lobby Congress in the opposite direction to the biotech and big pharma industries. Rigorous industrial surveys of the 1980s and 1990s found that companies in most economic sectors did not use patents as their primary tool to protect their R&D investments.

Yet patenting has increased rapidly over the past four decades. This increase includes industries that once were uninterested in patents. Economic analyses have shown that this new patenting is a business strategy against patent litigation. Companies are building patent portfolios as a defensive strategy, not because they are innovating more. The university’s public position on patent policy should acknowledge that the debate on the impact of patents on innovation is not settled and that this impact cannot be observed in the aggregate, but must be considered in the context of each specific economic sector, industry, or even market. From this vantage point, universities could then turn up or down the intensity with which they negotiate licenses and pursue compensation for infringement. Universities would better assert their commitment to their public mission if they compute on a case by case basis the balance between social benefits and costs for each of its controversial patents.

As to the material interest in patents, it is understandable that some patent attorneys or the biotech lobby publicly espouse the dogma of patents, that there is no innovation without patents. After all, their livelihood depends on it. However, research universities as a group do not have any significant financial interest in stronger patent protection. As I have shown in a previous Brookings paper, the vast majority of research universities earn very little from their patent portfolios and about 87% of tech transfer offices operate in the red. Universities as a group receive so little income from licensing and asserting their patents relative to the generous federal support (below 3%), that if the federal government were to declare that grant reviewers should give a preference to universities that do not patent, all research universities would stop the practice at once. It is true that a few universities (like the University of Wisconsin-Madison) raise significant revenue from their patent portfolio, and they will continue to do so regardless of public protestations. But the majority of universities do not have a material interest in patenting.

Time to get it right on anti-troll legislation

Last year, the House of Representative passed legislation closing loopholes and introducing disincentives for patent trolls. Just as mirror legislation was about to be considered in the Senate, Sen. Patrick Leahy withdrew it from the Judiciary Committee. It was reported that Sen. Harry Reid forced the hand of Mr. Leahy to kill the bill in committee. In the public sphere, the shrewd lobbying efforts to derail the bill were perceived to be pro-troll interests. The lobbying came from pharmaceutical companies, biotech companies, patent attorneys, and, to the surprise of everyone, universities.  Little wonder that critics overreacted and suggested universities were in partnership with trolls: even if they were wrong, these accusations stung.

University associations took that position out of a sincere belief in the dogma of patents and out of fear that the proposed anti-troll legislation limited the universities’ ability to sue patent infringers. However, their convictions stand on shaky ground and only a few universities sue for infringement. In taking that policy position, university associations are representing neither the interests nor the beliefs of the vast majority of universities.

A reversal of that position is not only possible, but would be timely. When anti-troll legislation is again introduced in Congress, universities should distance themselves from efforts to protect the policy status quo that so benefits patent trolls. It is not altogether improbable that Congress sees fit to exempt universities from some of the requirements that the law would impose. University associations could show Congress the merit of such exemptions in consideration of the universities’ constant and significant contributions to states, regions, and the nation. However, no such concessions could ever be expected if the universities continue to place themselves in the company of those who profit from patent management.

No asset is more valuable for universities than their prestige. It is the ample recognition of their value in society that guarantees tax dollars will continue to flow into universities. While acting legally to protect their patent rights, universities are nevertheless toying with their own legitimacy. Let those universities that stand to gain from litigation act in their self-interest, but do not let them speak for all universities. When university associations advocate for stronger patent protection, they do the majority of universities a disservice. These associations should better represent the interests of all their members by advocating a more neutral position about patent reform, by publicly praising universities’ restraint on patent litigation, and by promoting a culture and readiness in technology transfer offices to appraise each patent not by its market value but by its social value. At the same time, the majority of universities that obtain neither private nor social benefits from patenting should press their political representatives to adopt a more balanced approach to policy advocacy, lest they squander the reputation of the entire university system.

Editor's Note: The post was corrected to state that UW’s predictor circuit did originate from federally funded research.

International development debates of the last four decades have ascribed ever greater importance to intellectual property rights (IPRs). There has also been a significant effort on the part of the U.S. to encourage its trade partners to introduce and enforce patent law modeled after American intellectual property law. Aside from a discussion on the impact of patents on innovation, there are some important consequences of international harmonization regarding the obduracy of the terms of trade agreements.

The position of the State Department on patents when negotiating trade agreements has consistently been one of defending stronger patent protection. However, the high-tech sector is under reorganization, and the most innovative industries today have strong disagreements about the value of patents for innovation. This situation begs the question as to why the national posture on patent law is so consistent in favor of industries such as pharmaceuticals or biotech to the detriment of software developers and Internet-based companies.

The State Department defends this posture, arguing that the U.S. has a comparative advantage in sectors dependent on patent protection. Therefore, to promote exports, our national trade policy should place incentives for partners to come in line with national patent law. This posture will become problematic when America’s competitive advantage shifts to sectors that find patents to be a hindrance to innovation, because too much effort will have already been invested in twisting the arm of our trade partners. It will be hard to undo those chapters in trade agreements particularly after our trade partners have taken pains in passing laws aligned to American law.

Related to the previous concern, the policy inertia effect and inflexibility applies to domestic policy as much as it does to trade agreements. When other nations adopt policy regimes following the American model, advocates of stronger patent protection will use international adoption as an argument in favor of keeping the domestic policy status quo. The pressure we place on our trade partners to strengthen patent protection (via trade agreements and other mechanisms like the Special 301 Report) will be forgotten. Advocates will present those trade partners as having adopted the enlightened laws of the U.S., and ask why American lawmakers would wish to change law that inspires international emulation. Innovation scholar Timothy Simcoe has correctly suggested that harmonization creates inflexibility in domestic policy. Indeed, in a not-too-distant future the rapid transformation of the economy, new big market players, and emerging business models may give policymakers the feeling that we are stuck in a patent policy rut whose usefulness has expired.

In addition, there are indirect economic effects from projecting national patent law onto trade agreements. If we assume that a club of economies (such as OECD) generate most of the innovation worldwide while the rest of countries simply adopt new technologies, the innovation club would have control over the global supply of high value-added goods and services and be able to preserve a terms-of-trade advantage. In this scenario, stronger patent protection may be in the interest of the innovation club to the extent that their competitive advantage remains in industries dependent of patent protection. But should the world economic order change and the innovation club become specialized in digital services while the rest of the world takes on larger segments of manufactures, the advantage may shift outside the innovation club. This is not a far-fetched scenario. Emerging economies have increased their service economy in addition to their manufacturing capacity; overall they are better integrated in global supply chains. What is more, these emerging economies are growing consumption markets that will become increasingly more relevant globally as they continue to grow faster than rich economies.

What is more, the innovation club will not likely retain a monopoly on global innovation for too long. Within emerging economies, another club of economies is placing great investments in developing innovative capacity. In particular, China, India, Brazil, Mexico, and South Africa (and possibly Russia) have strengthened their innovation systems by expanding public investments in R&D and introducing institutional reforms to foster entrepreneurship. The innovation of this second club may, in a world of harmonized patent law, increase their competitive advantage by securing monopolistic control of key high-tech markets. As industries less reliant on patents flourish and the digital economy transforms US markets, an inflexibly patent policy regime may actually be detrimental to American terms of trade.

I should stress that these kind of political and economic effects of America’s posture on IPRs in trade policy are not merely speculative. Just as manufactures displaced the once dominant agricultural sector, and services in turn took over as the largest sector of the economy, we can fully expect that the digital economy—with its preference for limited use of patents—will become not only more economic relevant, but also more politically influential. The tensions observed in international trade and especially the aforementioned considerations merit revisiting the rationale for America’s posture on intellectual property policy in trade negotiations.

Elsie Bjarnason contributed to this post.

The promise of geoengineering is placing average global temperature under human control, and is thus considered a powerful instrument for the international community to deal with global warming. While great energy has been devoted to learning more about the natural systems that it would affect, questions of political nature have received far less consideration. Taking as a given that regional effects will be asymmetric, the nations of the world will only give their consent to deploying this technology if they can be given assurances of a fair compensation mechanism, something like an insurance policy. The question of compensation reveals that the politics of geoengineering are far more difficult than the technical aspects.

What is Geoengineering?

In June 1991, Mount Pinatubo exploded, throwing a massive amount of volcanic sulfate aerosols into the high skies. The resulting cloud dispersed over weeks throughout the planet and cooled its temperature on average 0.5° Celsius over the next two years. If this kind of natural phenomenon could be replicated and controlled, the possibility of engineering the Earth’s climate is then within reach.

Spraying aerosols in the stratosphere is one method of solar radiation management (SRM), a class of climate engineering that focuses on increasing the albedo, i.e. reflectivity, of the planet’s atmosphere. Other SRM methods include brightening clouds by increasing their content of sea salt. A second class of geo-engineering efforts focuses on carbon removal from the atmosphere and includes carbon sequestration (burying it deep underground) and increasing land or marine vegetation. Of all these methods, SRM is appealing for its effectiveness and low costs; a recent study put the cost at about $5 to $8 billion per year.¹

Not only is SRM relatively inexpensive, but we already have the technological pieces that assembled properly would inject the skies with particles that reflect sunlight back into space. For instance, a fleet of modified Boeing 747s could deliver the necessary payload. Advocates of geoengineering are not too concerned about developing the technology to effect SRM, but about its likely consequences, not only in terms of slowing global warming but the effects on regional weather. And there lies the difficult question for geoengineering: the effects of SRM are likely to be unequally distributed across nations.

Here is one example of these asymmetries: Julia Pongratz and colleagues at the department of Global Ecology of the Carnegie Institution for Science estimated a net increase in yields of wheat, corn, and rice from SRM modified weather. However, the study also found a redistributive effect with equatorial countries experiencing lower yields.² We can then expect that equatorial countries will demand fair compensation to sign on the deployment of SRM, which leads to two problems: how to calculate compensation, and how to agree on a compensation mechanism.

The calculus of compensation

What should be the basis for fair compensation? One view of fairness could be that, every year, all economic gains derived from SRM are pooled together and distributed evenly among the regions or countries that experience economic losses.

If the system pools gains from SRM and distributes them in proportion to losses, questions about the balance will only be asked in years in which gains and losses are about the same. But if losses are far greater than the gains; then this would be a form of insurance that cannot underwrite some of the incidents it intends to cover. People will not buy such an insurance policy; which is to say, some countries will not authorize SRM deployment. In the reverse, if the pool has a large balance left after paying out compensations, then winners of SRM will demand lower compensation taxes.

Further complicating the problem is the question of how to separate gains or losses that can be attributed to SRM from regional weather fluctuations. Separating the SRM effect could easily become an intractable problem because regional weather patterns are themselves affected by SRM.  For instance, any year that El Niño is particularly strong, the uncertainty about the net effect of SRM will increase exponentially because it could affect the severity of the oceanic oscillation itself. Science can reduce uncertainty but only to a certain degree, because the better we understand nature, the more we understand the contingency of natural systems. We can expect better explanations of natural phenomena from science, but it would be unfair to ask science to reduce greater understanding to a hard figure that we can plug into our compensation equation.

Still, greater complexity arises when separating SRM effects from policy effects at the local and regional level. Some countries will surely organize better than others to manage this change, and preparation will be a factor in determining the magnitude of gains or losses. Inherent to the problem of estimating gains and losses from SRM is the inescapable subjective element of assessing preparation. 

The politics of compensation

Advocates of geoengineering tell us that their advocacy is not about deploying SRM; rather, it is about better understanding the scientific facts before we even consider deployment. It’s tempting to believe that the accumulating science on SRM effects would be helpful. But when we consider the factors I just described above, it is quite possible that more science will also crystalize the uncertainty about exact amounts of compensation. The calculus of gain or loss, or the difference between the reality and a counterfactual of what regions and countries will experience requires certainty, but science only yields irreducible uncertainty about nature.

The epistemic problems with estimating compensation are only to be compounded by the political contestation of those numbers. Even within the scientific community, different climate models will yield different results, and since economic compensation is derived from those models’ output, we can expect a serious contestation of the objectivity of the science of SRM impact estimation. Who should formulate the equation? Who should feed the numbers into it? A sure way to alienate scientists from the peoples of the world is to ask them to assert their cognitive authority over this calculus. 

What’s more, other parts of the compensation equation related to regional efforts to deal with SRM effect are inherently subjective. We should not forget the politics of asserting compensation commensurate to preparation effort; countries that experience low losses may also want compensation for their efforts preparing and coping with natural disasters.

Not only would a compensation equation be a sham, it would be unmanageable. Its legitimacy would always be in question. The calculus of compensation may seem a way to circumvent the impasses of politics and define fairness mathematically. Ironically, it is shot through with subjectivity; is truly a political exercise.

Can we do without compensation?

Technological innovations are similar to legislative acts, observed Langdon Winner.³ Technical choices of the earliest stage in technical design quickly “become strongly fixed in material equipment, economic investment, and social habit, [and] the original flexibility vanishes for all practical purposes once the initial commitments are made.” For that reason, he insisted, "the same careful attention one would give to the rules, roles, and relationships of politics must also be given to such things as the building of highways, the creation of television networks, and the tailoring of seeming insignificant features on new machines."

If technological change can be thought of as legislative change, we must consider how such a momentous technology as SRM can be deployed in a manner consonant with our democratic values. Engineering the planet’s weather is nothing short of passing an amendment to Planet Earth’s Constitution. One pesky clause in that constitutional amendment is a fair compensation scheme. It seems so small a clause in comparison to the extent of the intervention, the governance of deployment and consequences, and the international commitments to be made as a condition for deployment (such as emissions mitigation and adaptation to climate change). But in the short consideration afforded here, we get a glimpse of the intractable political problem of setting up a compensation scheme. And yet, if the clause were not approved by a majority of nations, a fair compensation scheme has little hope to be consonant with democratic aspirations.

¹McClellan, Justin, David W Keith, Jay Apt. 2012. Cost analysis of stratospheric albedo modification delivery systems. Environmental Research Letters 7(3): 1-8.

²Pongratz, Julia, D. B. Lobell, L. Cao, K. Caldeira. 2012. Nature Climate Change 2, 101–105.

³Winner, Langdon. 1980. Do artifacts have politics? Daedalus (109) 1: 121-136.

Event Information

A conversation with Senator John McCain

On May 19, the Center for 21st Century Security and Intelligence at Brookings (21CSI) hosted Senator John McCain (R-Ariz.) to address major reforms to the organization of the Department of Defense, the defense acquisition system, and the military health system included in the National Defense Authorization Act for Fiscal Year 2017, which is planned for consideration by the Senate as soon as next week.

Given his role as chairman of the Senate Armed Services Committee, McCain also addressed ongoing budget challenges for the Department of Defense and the military and his views on what needs to be done. Michael O’Hanlon, senior fellow and co-director of 21CSI, moderated the discussion.

Join the conversation on Twitter using #FY17NDAA

Video

• Introduction by Martin Indyk, and remarks by Sen. John McCain
• Discussion between Sen. John McCain and Michael O'Hanlon

Audio

• New demands on the military and the 2017 National Defense Authorization Act

Transcript

• Uncorrected Transcript (.pdf)

Event Materials

• 20160519_mccain_defense_transcript

Note: FBI Director James Comey recommended this week that no criminal charges be pressed against presumptive Democratic presidential nominee Hillary Clinton for her use of a private email server while she was secretary of state. And Attorney General Loretta Lynch has formally closed the Department of Justice’s investigation. But congressional Republicans—who called Comey to testify before the House Oversight committee yesterday—insist that Clinton’s conduct jeopardized U.S. national security.

As I wrote back in February, when it was revealed that 22 of the emails in question were deemed too classified to be made public: “Hillary's emails (even if they were released) could not do anything more than confirm or repudiate what has already been widely investigated.” I called for distinguishing mistakes from crimes and argued that Clinton’s use of a private email server never put America’s security at risk. 

Due to the renewed relevance of that post, it is re-posted below.

What to make of the recent report that 22 emails from Hillary Clinton's private server, written while she was secretary of state during the first Obama term, contain such highly classified material that they cannot be released to the public? Republicans have seized on the latest news to argue that Hillary Clinton was careless or even reckless in her treatment of national secrets. They’ve thereby challenged her credentials and judgment as she pursues the presidency.

Clinton has acknowledged some mistakes in the use of a personal email account and server when she led the State Department, but her campaign has dismissed the latest news as evidence of a U.S. government classification system run amok that often slaps a top secret label on even the most innocuous of information. 

With the emails at issue now classified, it’s hard to understand the basis for this dispute very well. Who are we to believe? Most people are probably falling back on their preconceived views about Hillary, but it would be nice to find a more objective way to assess the latest news—especially as primary voting season begins.

A hypothetical

I can't be sure what's going on here either. But there have been reports that some of the sensitive emails might have involved the use of drones in certain parts of the world where the U.S. government has chosen not to announce or publicize its use of that technology. 

Let's explore that, on the hunch that it may be what's behind the latest brouhaha. For years, there has been a great deal of media coverage of how unmanned aerial systems, including armed ones, have been used in the broader war on terror. If there ever were any real secrets here, they have been very badly kept. Certainly, Hillary's emails (even if they were released) could not do anything more than confirm or repudiate what has already been widely investigated, in this country and around the world. It seems quite unlikely that she was so careless as to describe any technical aspects of those drones or to otherwise risk the leakage of information that was truly still secret (in the sense that word is normally used in the English language, rather than the way the U.S. government employs it when making classification determinations).

Hillary's emails (even if they were released) could not do anything more than confirm or repudiate what has already been widely investigated.

Imagine a situation in which the United States government wished to use force as part of a broader military operation that Congress had already approved in broad contours, going back to the 2001 Authorization on the Use of Military Force that followed the 9/11 attack. But the employment of force in a particular place was seen as politically sensitive—less so in the United States, where Congress had already authorized the conflict, but in a foreign country, where the government at issue was not willing or able to publicly support America's use of military force on its territory. This could be a situation where the foreign government in question actually had few qualms about the U.S. action, but did still not wish to be associated with them—in fact, it may have wanted the license to complain about them publicly, both to its own public and other nations. It wanted, in other words, to have its cake and eat it too.

In this situation, whether the U.S. decision to accept such constraints on its action was wise or not, it would not be allowable for an American public official to discuss the policy. The actual use of armed force would occur through covert elements of the U.S. government, and under domestic laws governing such activities. 

We would have twisted ourselves into knots to avoid displeasing a foreign government that otherwise might make a huge stink about our using American military power on its territory—and might even retaliate against us in some way if the information were publicly confirmed. Everyone in that country, the United States, and other places would have a strong suspicion of what we were actually doing, but there would be no official confirmation. It's not exactly plausible deniability. Call it implausible deniability, in fact.

In such a situation, as a top official in the United States, Hillary Clinton would perhaps have been an architect of the policy (or have inherited it from a previous presidency). Either way, she would be expected to abide by it, and treat the information as highly sensitive. If she did not do so, that was indeed a mistake on her part.

Distinguishing mistakes from crimes

But if this thought experiment bears any resemblance to what actually is behind those 22 emails, one more thing should also be clear—no major national secret was at risk of getting out because of Secretary Clinton's misjudgment. Her email practice was potentially a mistake, but no high crime, and America's security was never put at risk.

Of course, it's still up to voters to decide how to weigh this potential issue in the panoply of so many others that influence their choices for president. Even if I’m right in my guess about what's going on here, I don’t claim to be in a position to answer that question for anyone.

Event Information

The failed coup in Turkey on July 15 to 16, organized by factions within the Turkish military in an attempt to overthrow the government of President Erdoğan, represents both a victory and a new trial for Turkish democracy. Although the Turkish citizenry brought the country back from the brink of anarchy and civil war, many analysts see last week’s events as a consequence of the political instability and discord that has been mounting for years as Erdoğan has consolidated powers, marginalized the opposition, and redefined Turkey’s democracy. How will the president react in the aftermath of the coup? Will the democratic backsliding intensify, or can the thwarted coup offer new opportunity for reconciling the deeply-polarized nation?

The upheaval and political instability in Turkey also holds significant implications for Turkey’s foreign policy and the fate of a neighboring region already in turmoil from the war in Syria and insecurity in Iraq. The West desperately needs a stable, democratic, and predictable partner in its NATO-ally Turkey to address the many challenges besetting the region and to fight the Islamic State (or ISIS). How will recent events affect regional stability and Turkey’s cooperation with the West on security issues, including the resettlement of Syrian refugees? What does the failed coup mean for the coalition against ISIS engagement in Syria?

On July 20, the Foreign Policy program (FP) at Brookings hosted a panel discussion to consider these questions and other domestic and international consequences of the coup attempt in Turkey. Brookings Senior Fellow and Director of the Center on the United States and Europe Fiona Hill introduced and moderated a wide-ranging conversation featuring FP Senior Fellows Shadi Hamid, Kemal Kirişci, Michael O'Hanlon, and Ömer Taşpınar.

After the discussion, the speakers took questions from the audience.

Video

• Turkey coup attempt was a shock
• Institutional collapse of Turkey unprecedented
• Disaster averted in failed Turkey coup
• Incirlik Air Base not irreplaceable
• Turkey after the coup attempt: Implications for Turkish democracy, foreign policy, and the future of the Syrian War

Audio

• Turkey after the coup attempt: Implications for Turkish democracy, foreign policy, and the future of the Syrian War

Transcript

• Transcript (.pdf)

Event Materials

• 20160720_turkey_coup_transcript

So we’ve almost reached the end of the year 2015, which could go down in the history of global sustainable development efforts as one of the more significant years, with the trifecta of the approval of the Sustainable Development Goals (SDGs), the agreement on the Addis Agenda on Financing for Development (FfD) and the (shortly to be completed) Paris COP21 Climate Summit. Yet, all will depend on how the agreements with their ambitious targets are implemented on the ground.

Effective implementation will require a theory of change—a way to think about how we are to get from “here” in 2015 to “there” in 2030. The key problem is what has very appropriately been called by some “the missing middle,” i.e., the gap between the top-down global targets on the one hand and the bottom-up development initiatives, projects, and programs that are supported by governments, aid agencies, foundations, and social entrepreneurs.

One way to begin to close this gap is to aim for scaled-up global efforts in specific areas, as is pledged in the Addis Agenda, including efforts to fight global hunger and malnutrition, international tax cooperation and international cooperation to strengthen capacities of municipalities and other local authorities, investments and international coopera­tion to allow all children to complete free, equitable, inclusive and quality early childhood, primary and secondary education, and concessional and non-concessional financing.

Another way is to develop country-specific national targets and plans consistent with the SDG, Addis, and COP21 targets, as is currently being done with the assistance of the United Nations Development Program’s MAPS program. This can provide broad guidance on policy priorities and resource mobilization strategies to be pursued at the national level and can help national and international actors to prioritize their interventions in areas where a country’s needs are greatest.

However, calling for expanded global efforts in particular priority areas and defining national targets and plans is not enough. Individual development actors have to link their specific projects and programs with the national SDG, Addis, and COP21 targets. They systematically have to pursue a scaling-up strategy in their areas of engagement, i.e., to develop and pursue pathways from individual time-bound interventions to impact at a scale in a way that will help achieve the global and national targets. A recent paper I co-authored with Larry Cooley summarizes two complementary approaches of how one might design and implement such scaling-up pathways. The main point, however, is that only the pursuit of such scaling-up pathways constitutes a meaningful theory of change that offers hope for effective implementation of the new global sustainable development targets.

Fortunately, over the last decade, development analysts and agencies have increasingly focused on the question of how to scale up impact of successful development interventions. Leading the charge, the World Bank in 2004, under its president Jim Wolfensohn, organized a high-level international conference in Shanghai in cooperation with the Chinese authorities on the topic of scaling up development impact and published the associated analytical work. However, with changes in the leadership at the World Bank, the initiative passed to others in the mid-2000s, including the Brookings Institution, ExpandNet (a group of academics working with the World Health Organization), Management Systems International (MSI), and Stanford University. They developed analytical frameworks for systematically assessing scalability of development initiatives and innovations, analyzed the experience with more or less successful scaling-up initiatives, including in fragile and conflict-affected states, and established networks that bring together development experts and practitioners to share knowledge.

By now, many international development agencies (including GIZ, JICA, USAID, African Development Bank, IFAD and UNDP), foundations (including the Bill & Melinda Gates Foundation and Rockefeller Foundation) and leading development NGOs (including Heifer International, Save the Children and the World Resources Institute), among others, have focused on how best to scale up development impact, while the OECD recently introduced a prize for the most successful scaling-up development initiatives. The International Fund for Agricultural Development (IFAD) is perhaps the most advanced among the agencies, having developed a systematic operational approach to the innovation-learning-scaling-up cycle. In a collaborative effort with the Brookings Institution, IFAD reviewed its operational practices and experience and then prepared operational design and evaluation guidelines, which can serve as a good example for other development agencies. The World Bank, while yet to develop a systematic institution-wide approach to the scaling-up agenda, is exploring in specific areas how best to pursue scaled-up impact, such as in the areas of mother and child health, social enterprise innovation, and the “science of delivery.”

Now that the international community has agreed on the SDGs and the Addis Agenda, and is closing in on an agreement in Paris on how to respond to climate change, it is the right time to bridge the “missing middle” by linking the sustainable development and climate targets with effective scaling-up methodologies and practices among the development actors. In practical terms, this requires the following steps:

• Developing shared definitions, analytical frameworks, and operational approaches to scaling up among development experts;
• Developing sectoral and sub-sectoral strategies at country level that link short- and medium-term programs and interventions through scaling-up pathways with the longer-term SDG and climate targets;
• Introducing effective operational policies and practices in the development agencies in country strategies, project design, and monitoring and evaluation;
• Developing multi-stakeholder partnerships around key development interventions with the shared goal of pursuing well-identified scaling-up pathways focused on the achievement of the SDGs and climate targets;
• Developing incentive schemes based on the growing experience with “challenge funds” that focus not only on innovation, but also on scaling up, such as the recently established Global Innovation Fund; and
• Further building up expert and institutional networks to share experience and approaches, such as the Community of Practice on Scaling Up, recently set up by MSI and the Results for Development Institute.

One of the great parts of being at Brookings has been the many champions of government reform in the US and around the world who have reached out to visit us here, meet me and my colleagues, and talk about how best to transform government and make it work better for people. The latest was MK Erel Margalit, who before joining the Israeli Knesset started a leading venture capital firm in Israel (and was the first Israeli to make the Forbes Midas list of top tech investors globally). My Brookings colleagues, including Elaine Kamarck, Bill Galston, Natan Sachs and John Hudak talked with MK Margalit about the lessons he learned in the private sector, and about his efforts to bring those lessons to his work in government. 

Coming not long after our meeting with Czech Deputy Prime Minister and Finance Minister Andre Babis, who enjoyed similar success in business and has ambitious reform goals of his own informed by his business career, it was fascinating to talk about what does and does not translate to the government sector. MK Margalit’s focus includes supporting peace and economic development by developing enterprise zones in and around Israel that encourage economic partnerships between Jewish and Arab Israelis and their businesses, and that include Palestinians as well. It was an impressive melding of business and government methodologies. The meeting built on similar ones we have had with other innovators including CFPB Director Rich Cordray, former Mayor and Governor Martin O’Malley, and of course DPM Babis, all of whom have in common innovating to make government function more effectively.

Part III of the 2015 Brown Center Report on American Education

Student engagement refers to the intensity with which students apply themselves to learning in school.  Traits such as motivation, enjoyment, and curiosity—characteristics that have interested researchers for a long time—have been joined recently by new terms such as, “grit,” which now approaches cliché status.  International assessments collect data from students on characteristics related to engagement.  This study looks at data from the Program for International Student Assessment (PISA), an international test given to fifteen-year-olds.  In the U.S., most PISA students are in the fall of their sophomore year.  The high school years are a time when many observers worry that students lose interest in school.

Compared to their peers around the world, how do U.S. students appear on measures of engagement?  Are national indicators of engagement related to achievement?  This analysis concludes that American students are about average in terms of engagement.  Data reveal that several countries noted for their superior ranking on PISA—e.g., Korea, Japan, Finland, Poland, and the Netherlands—score below the U.S. on measures of student engagement.  Thus, the relationship of achievement to student engagement is not clear cut, with some evidence pointing toward a weak positive relationship and other evidence indicating a modest negative relationship. 

Education studies differ in units of analysis.  Some studies report data on individuals, with each student serving as an observation.  Studies of new reading or math programs, for example, usually report an average gain score or effect size representing the impact of the program on the average student.  Others studies report aggregated data, in which test scores or other measurements are averaged to yield a group score. Test scores of schools, districts, states, or countries are constructed like that.  These scores represent the performance of groups, with each group serving as a single observation, but they are really just data from individuals that have been aggregated to the group level.

Aggregated units are particularly useful for policy analysts.  Analysts are interested in how Fairfax County or the state of Virginia or the United States is doing.  Governmental bodies govern those jurisdictions and policymakers craft policy for all of the citizens within the political jurisdiction—not for an individual.  

The analytical unit is especially important when investigating topics like student engagement and their relationships with achievement.  Those relationships are inherently individual, focusing on the interaction of psychological characteristics.  They are also prone to reverse causality, meaning that the direction of cause and effect cannot readily be determined.  Consider self-esteem and academic achievement.  Determining which one is cause and which is effect has been debated for decades.  Students who are good readers enjoy books, feel pretty good about their reading abilities, and spend more time reading than other kids.  The possibility of reverse causality is one reason that beginning statistics students learn an important rule:  correlation is not causation.

Starting with the first international assessments in the 1960s, a curious pattern has emerged. Data on students’ attitudes toward studying school subjects, when examined on a national level, often exhibit the opposite relationship with achievement than one would expect.  The 2006 Brown Center Report (BCR) investigated the phenomenon in a study of “the happiness factor” in learning.^[i]  Test scores of fourth graders in 25 countries and eighth graders in 46 countries were analyzed.  Students in countries with low math scores were more likely to report that they enjoyed math than students in high-scoring countries.  Correlation coefficients for the association of enjoyment and achievement were -0.67 at fourth grade and -0.75 at eighth grade. 

Confidence in math performance was also inversely related to achievement.  Correlation coefficients for national achievement and the percentage of students responding affirmatively to the statement, “I usually do well in mathematics,” were -0.58 among fourth graders and -0.64 among eighth graders.  Nations with the most confident math students tend to perform poorly on math tests; nations with the least confident students do quite well.   

That is odd.  What’s going on?  A comparison of Singapore and the U.S. helps unravel the puzzle.  The data in figure 3-1 are for eighth graders on the 2003 Trends in Mathematics and Science Study (TIMSS).  U.S. students were very confident—84% either agreed a lot or a little (39% + 45%) with the statement that they usually do well in mathematics.  In Singapore, the figure was 64% (46% + 18%).  With a score of 605, however, Singaporean students registered about one full standard deviation (80 points) higher on the TIMSS math test compared to the U.S. score of 504. 

When within-country data are examined, the relationship exists in the expected direction.  In Singapore, highly confident students score 642, approximately 100 points above the least-confident students (551).  In the U.S., the gap between the most- and least-confident students was also about 100 points—but at a much lower level on the TIMSS scale, at 541 and 448.  Note that the least-confident Singaporean eighth grader still outscores the most-confident American, 551 to 541.

The lesson is that the unit of analysis must be considered when examining data on students’ psychological characteristics and their relationship to achievement.  If presented with country-level associations, one should wonder what the within-country associations are.  And vice versa.  Let’s keep that caution in mind as we now turn to data on fifteen-year-olds’ intrinsic motivation and how nations scored on the 2012 PISA.

PISA’s index of intrinsic motivation to learn mathematics comprises responses to four items on the student questionnaire:  1) I enjoy reading about mathematics; 2) I look forward to my mathematics lessons; 3) I do mathematics because I enjoy it; and 4) I am interested in the things I learn in mathematics.  Figure 3-2 shows the percentage of students in OECD countries—thirty of the most economically developed nations in the world—responding that they agree or strongly agree with the statements.  A little less than one-third (30.6%) of students responded favorably to reading about math, 35.5% responded favorably to looking forward to math lessons, 38.2% reported doing math because they enjoy it, and 52.9% said they were interested in the things they learn in math.  A ballpark estimate, then, is that one-third to one-half of students respond affirmatively to the individual components of PISA’s intrinsic motivation index.

Table 3-1 presents national scores on the 2012 index of intrinsic motivation to learn mathematics.  The index is scaled with an average of 0.00 and a standard deviation of 1.00.  Student index scores are averaged to produce a national score.  The scores of 39 nations are reported—29 OECD countries and 10 partner countries.^[ii]  Indonesia appears to have the most intrinsically motivated students in the world (0.80), followed by Thailand (0.77), Mexico (0.67), and Tunisia (0.59).  It is striking that developing countries top the list.  Universal education at the elementary level is only a recent reality in these countries, and they are still struggling to deliver universally accessible high schools, especially in rural areas and especially to girls.  The students who sat for PISA may be an unusually motivated group.  They also may be deeply appreciative of having an opportunity that their parents never had.

The U.S. scores about average (0.08) on the index, statistically about the same as New Zealand, Australia, Ireland, and Canada.  The bottom of the table is extremely interesting.  Among the countries with the least intrinsically motivated kids are some PISA high flyers.  Austria has the least motivated students (-0.35), but that is not statistically significantly different from the score for the Netherlands (-0.33).  What’s surprising is that Korea (-0.20), Finland (-0.22), Japan (-0.23), and Belgium (-0.24) score at the bottom of the intrinsic motivation index even though they historically do quite well on the PISA math test.

Let’s now dig a little deeper into the intrinsic motivation index.  Two components of the index are how students respond to “I do mathematics because I enjoy it” and “I look forward to my mathematics lessons.”  These sentiments are directly related to schooling.  Whether students enjoy math or look forward to math lessons is surely influenced by factors such as teachers and curriculum.  Table 3-2 rank orders PISA countries by the percentage of students who “agree” or “strongly agree” with the questionnaire prompts.  The nations’ 2012 PISA math scores are also tabled.  Indonesia scores at the top of both rankings, with 78.3% enjoying math and 72.3% looking forward to studying the subject.  However, Indonesia’s PISA math score of 375 is more than one full standard deviation below the international mean of 494 (standard deviation of 92).  The tops of the tables are primarily dominated by low-performing countries, but not exclusively so.  Denmark is an average-performing nation that has high rankings on both sentiments.  Liechtenstein, Hong Kong-China, and Switzerland do well on the PISA math test and appear to have contented, positively-oriented students.

Several nations of interest are shaded.  The bar across the middle of the tables, encompassing Australia and Germany, demarcates the median of the two lists, with 19 countries above and 19 below that position.  The United States registers above the median on looking forward to math lessons (45.4%) and a bit below the median on enjoyment (36.6%).  A similar proportion of students in Poland—a country recently celebrated in popular media and in Amanda Ripley’s book, The Smartest Kids in the World,^[iii] for making great strides on PISA tests—enjoy math (36.1%), but only 21.3% of Polish kids look forward to their math lessons, very near the bottom of the list, anchored by Netherlands at 19.8%. 

Korea also appears in Ripley’s book.  It scores poorly on both items.  Only 30.7% of Korean students enjoy math, and less than that, 21.8%, look forward to studying the subject.  Korean education is depicted unflatteringly in Ripley’s book—as an academic pressure cooker lacking joy or purpose—so its standing here is not surprising.  But Finland is another matter.  It is portrayed as laid-back and student-centered, concerned with making students feel relaxed and engaged.  Yet, only 28.8% of Finnish students say that they study mathematics because they enjoy it (among the bottom four countries) and only 24.8% report that they look forward to math lessons (among the bottom seven countries).  Korea, the pressure cooker, and Finland, the laid-back paradise, look about the same on these dimensions.

Another country that is admired for its educational system, Japan, does not fare well on these measures.  Only 30.8% of students in Japan enjoy mathematics, despite the boisterous, enthusiastic classrooms that appear in Elizabeth Green’s recent book, Building a Better Teacher.^[iv]  Japan does better on the percentage of students looking forward to their math lessons (33.7%), but still places far below the U.S.  Green’s book describes classrooms with younger students, but even so, surveys of Japanese fourth and eighth graders’ attitudes toward studying mathematics report results similar to those presented here.  American students say that they enjoy their math classes and studying math more than students in Finland, Japan, and Korea.

It is clear from Table 3-2 that at the national level, enjoying math is not positively related to math achievement.  Nor is looking forward to one’s math lessons.  The correlation coefficients reported in the last row of the table quantify the magnitude of the inverse relationships.  The -0.58 and -0.57 coefficients indicate a moderately negative association, meaning, in plain English, that countries with students who enjoy math or look forward to math lessons tend to score below average on the PISA math test.  And high-scoring nations tend to register below average on these measures of student engagement.  Country-level associations, however, should be augmented with student-level associations that are calculated within each country.

The 2012 PISA volume on student engagement does not present within-country correlation coefficients on intrinsic motivation or its components.  But it does offer within-country correlations of math achievement with three other characteristics relevant to student engagement. Table 3-3 displays statistics for students’ responses to: 1) if they feel like they belong at school; 2) their attitudes toward school, an index composed of four factors;^[v] and 3) whether they had arrived late for school in the two weeks prior to the PISA test. These measures reflect an excellent mix of behaviors and dispositions.

The within-country correlations trend in the direction expected but they are small in magnitude.  Correlation coefficients for math performance and a sense of belonging at school range from -0.02 to 0.18, meaning that the country exhibiting the strongest relationship between achievement and a sense of belonging—Thailand, with a 0.18 correlation coefficient—isn’t registering a strong relationship at all.  The OECD average is 0.08, which is trivial.  The U.S. correlation coefficient, 0.07, is also trivial.  The relationship of achievement with attitudes toward school is slightly stronger (OECD average of 0.11), but is still weak.

Of the three characteristics, arriving late for school shows the strongest correlation, an unsurprising inverse relationship of -0.14 in OECD countries and -0.20 in the U.S.  Students who tend to be tardy also tend to score lower on math tests.  But, again, the magnitude is surprisingly small.  The coefficients are statistically significant because of large sample sizes, but in a real world “would I notice this if it were in my face?” sense, no, the correlation coefficients are suggesting not much of a relationship at all.    

The PISA report presents within-country effect sizes for the intrinsic motivation index, calculating the achievement gains associated with a one unit change in the index.  One of several interesting findings is that intrinsic motivation is more strongly associated with gains at the top of the achievement distribution, among students at the 90^th percentile in math scores, than at the bottom of the distribution, among students at the 10^th percentile. 

The report summarizes the within-country effect sizes with this statement: “On average across OECD countries, a change of one unit in the index of intrinsic motivation to learn mathematics translates into a 19 score-point difference in mathematics performance.”^[vi]  This sentence can be easily misinterpreted.  It means that within each of the participating countries students who differ by one unit on PISA’s 2012 intrinsic motivation index score about 19 points apart on the 2012 math test.  It does not mean that a country that gains one unit on the intrinsic motivation index can expect a 19 point score increase.^[vii]    

Let’s now see what that association looks like at the national level.

PISA first reported national scores on the index of intrinsic motivation to learn mathematics in 2003.  Are gains that countries made on the index associated with gains on PISA’s math test?  Table 3-4 presents a score card on the question, reporting the changes that occurred in thirty-nine nations—in both the index and math scores—from 2003 to 2012.  Seventeen nations made statistically significant gains on the index; fourteen nations had gains that were, in a statistical sense, indistinguishable from zero—labeled “no change” in the table; and eight nations experienced statistically significant declines in index scores. 

The U.S. scored 0.00 in 2003 and 0.08 in 2012, notching a gain of 0.08 on the index (statistically significant).  Its PISA math score declined from 483 to 481, a decline of 2 scale score points (not statistically significant).

Table 3-4 makes it clear that national changes on PISA’s intrinsic motivation index are not associated with changes in math achievement.  The countries registering gains on the index averaged a decline of 3.7 points on PISA’s math assessment.  The countries that remained about the same on the index had math scores that also remain essentially unchanged (-0.09) And the most striking finding: countries that declined on the index (average of -0.15) actually gained an average of 10.3 points on the PISA math scale.  Intrinsic motivation went down; math scores went up.  The correlation coefficient for the relationship over all, not shown in the table, is -0.30.

The analysis above investigated student engagement.  International data from the 2012 PISA were examined on several dimensions of student engagement, focusing on a measure that PISA has employed since 2003, the index of intrinsic motivation to learn mathematics.  The U.S. scored near the middle of the distribution on the 2012 index.  PISA analysts calculated that, on average, a one unit change in the index was associated with a 19 point gain on the PISA math test.  That is the average of within-country calculations, using student-level data that measure the association of intrinsic motivation with PISA score.  It represents an effect size of about 0.20—a positive effect, but one that is generally considered small in magnitude.^[viii]

The unit of analysis matters.  Between-country associations often differ from within-country associations.  The current study used a difference in difference approach that calculated the correlation coefficient for two variables at the national level: the change in intrinsic motivation index from 2003-2012 and change in PISA score for the same time period.  That analysis produced a correlation coefficient of -0.30, a negative relationship that is also generally considered small in magnitude.

Neither approach can justify causal claims nor address the possibility of reverse causality occurring—the possibility that high math achievement boosts intrinsic motivation to learn math, rather than, or even in addition to, high levels of motivation leading to greater learning.  Poor math achievement may cause intrinsic motivation to fall.  Taken together, the analyses lead to the conclusion that PISA provides, at best, weak evidence that raising student motivation is associated with achievement gains.  Boosting motivation may even produce declines in achievement.

Here’s the bottom line for what PISA data recommends to policymakers: Programs designed to boost student engagement—perhaps a worthy pursuit even if unrelated to achievement—should be evaluated for their effects in small scale experiments before being adopted broadly.  The international evidence does not justify wide-scale concern over current levels of student engagement in the U.S. or support the hypothesis that boosting student engagement would raise student performance nationally.

Let’s conclude by considering the advantages that national-level, difference in difference analyses provide that student-level analyses may overlook.

1. They depict policy interventions more accurately.  Policies are actions of a political unit affecting all of its members.  They do not simply affect the relationship of two characteristics within an individual’s psychology. Policymakers who ask the question, “What happens when a country boosts student engagement?” are asking about a country-level phenomenon.

2.  Direction of causality can run differently at the individual and group levels.  For example, we know that enjoying a school subject and achievement on tests of that subject are positively correlated at the individual level.  But they are not always correlated—and can in fact be negatively correlated—at the group level. 

3.  By using multiple years of panel data and calculating change over time, a difference in difference analysis controls for unobserved variable bias by “baking into the cake” those unobserved variables at the baseline.  The unobserved variables are assumed to remain stable over the time period of the analysis.  For the cultural factors that many analysts suspect influence between-nation test score differences, stability may be a safe assumption.  Difference in difference, then, would be superior to cross-sectional analyses in controlling for cultural influences that are omitted from other models.

4.  Testing artifacts from a cultural source can also be dampened.  Characteristics such as enjoyment are culturally defined, and the language employed to describe them is also culturally bounded.  Consider two of the questionnaire items examined above: whether kids “enjoy” math and how much they “look forward” to math lessons.  Cultural differences in responding to these prompts will be reflected in between-country averages at the baseline, and any subsequent changes will reflect fluctuations net of those initial differences.

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