Business Commons^™

The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Sameer M. Ashar, Benjamin H. Barton, Michael J. Madison, Rachel F. Moran

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On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing US legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend their …

Too Much Of A Good Thing? A Governing Knowledge Commons Review Of Abundance In Context, Michael J. Madison, Brett M. Frischmann, Madelyn Sanfilippo, Katherine J. Strandburg

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The economics of abundance, along with the sociology of abundance, the law of abundance, and so forth, should be re-framed, linked, and situated in a common context for empirical rather than conceptual research. Abundance may seem to be a new, big thing, between anxiety over information overload, Big Data, and related technological disruptions. But scholars know that abundance is an ancient phenomenon, which only seemed to disappear as twentieth century social science focused on scarcity instead. Restoring the study of abundance, and figuring out how to solve the problems that abundance might create, means shedding disciplinary blinders and going back …

Government By Code? Blockchain Applications To Public Sector Governance, Pedro Bustamante, Meina Cai, Marcela Gomez, Colin Harris, Prashabnt Krishnamurthy, Wilson Law, Michael J. Madison, Ilia Murtazashvili, Jennifer Brick Murtazashvili, Tymofiy Mylovanov, Nataliia Shapoval, Annette Vee, Martin B. H. Weiss

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Studies of blockchain governance can be divided into analyses of the governance of blockchains (such as rules and power dynamics within a given network) and governance by blockchains (such as how blockchains can be implemented to improve self-governance of community-based peer production networks). Less emphasis has been placed on applications of distributed ledgers to public sector governance. Our review clarifies that the decentralization and distributive features that enable blockchains to link up loosely connected private organizations and public agencies to improve efficiency and transparency of government transactions. However, most blockchain applications lack clear advantages over the conventional digital recording of …

Blockchain Networks As Knowledge Commons, Ilia Murtazashvili, Jennifer Brick Murtazashvili, Martin B. H. Weiss, Michael J. Madison

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Researchers interested in blockchains are increasingly attuned to questions of governance, including how blockchains relate to government, the ways blockchains are governed, and ways blockchains can improve prospects for successful self-governance. Our paper joins this research by exploring the implications of the Governing Knowledge Commons (GKC) framework to analyze governance of blockchains. Our novel contributions are making the case that blockchain networks represent knowledge commons governance, in the sense that they rely on collectively-managed technologies to pool and manage distributed information, illustrating the usefulness and novelty of the GCK methodology with an empirical case study of the evolution of Bitcoin, …

Race, Dignity, And Commerce, Lu-In Wang

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This Essay was written at the invitation of the Journal of Law and Commerce to contribute a piece on racism and commerce—an invitation that was welcome and well timed. It arrived as renewed attention was focused on racialized policing following the killing of George Floyd and in the midst of the worsening pandemic that highlighted unrelenting racial, social, and economic inequities in our society.

The connections between racism and commerce are potentially numerous, but the relationship between discriminatory policing and commerce might not be apparent. This Essay links them through the concept of dignity. Legal scholar John Felipe Acevedo has …

Unconditional Quantile Regression Analysis Of Uk Inbound Tourist Expenditures, Abhijit Sharma, Richard Woodward, Stefano Grillini

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Using International Passenger Survey (2017) data, this paper employs unconditional quantile regression (UQR) to analyse the determinants of tourist expenditure amongst inbound tourists to the United Kingdom. UQR allows us to estimate heterogeneous effects at any quantile of the distribution of the dependent variable. It overcomes the econometric limitations of ordinary least squares and quantile regression based estimates typically used to investigate tourism expenditures. However, our results reveal that the effects of our explanatory variables change across the distribution of tourist expenditure. This has important implications for those tasked with devising policies to enhance the UK’s tourist flows and expenditures.

Using Drawings To Understand Perceptions Of Civic Engagement Across Disciplines: ‘Seeing Is Understanding’, Sharon Feeney, John Hogan

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In this article, we wish to investigate if disciplinary differences exist among students when considering the topic of civic engagement. We use freehand drawing to create a learning environment in the classroom wherein students can seek to develop meaningful associations with civic engagement. The drawings examined here, produced by three different class groups, provide insights into how young adults perceive their society and their place in it, and thus communicate their understanding of civic engagement. Freehand drawing, in bypassing cognitive verbal processing routes, leads students to produce clearer and more holistic images. It allows them to put into visuals a …

Liminal Entrepreneuring: The Creative Practices Of Nascent Necessity Entrepreneurs, Lucia Garcia-Lorenzo, Paul Donnelly, Lucia Sell-Trujillo, J. Miguel Imas

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This paper contributes to creative entrepreneurship studies through exploring ‘liminal entrepreneuring’, i.e., the organization-creation entrepreneurial practices and narratives of individuals living in precarious conditions. Drawing on a processual approach to entrepreneurship and Turner’s liminality concept, we study the transition from un(der)employment to entrepreneurship of 50 nascent necessity entrepreneurs (NNEs) in Spain, the United Kingdom, and Ireland. The paper asks how these agents develop creative entrepreneuring practices in their efforts to overcome their condition of ‘necessity’. The analysis shows how, in their everyday liminal entrepreneuring, NNEs disassemble their identities and social positions, experiment with new relationships and alternative visions of themselves, …

An Invitation Regarding Law And Legal Education, And Imagining The Future, Michael J. Madison

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This Essay consists of an invitation to participate in conversations about the future of legal education in ways that integrate rather than distinguish several threads of concern and revision that have emerged over the last decade. Conversations about the future of legal education necessarily include conversations about the future of law practice, legal services, and law itself. Some of those start with the somewhat stale questions: What are US law professors doing, what should they be doing, and why? Those questions are still relevant and important, but they are no longer the only relevant questions, and they are not the …

Critical Race Ip, Anjali Vats, Deidre A. Keller

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In this Article, written on the heels of Race IP 2017, a conference we co-organized with Amit Basole and Jessica Silbey, we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP). Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we …

Time Travel, Labour History, And The Null Curriculum: New Design Knowledge For Mobile Augmented Reality History Games, Owen Gottlieb

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This paper presents a case study drawn from design-based research (DBR) on a mobile, place-based augmented reality history game. Using DBR methods, the game was developed by the author as a history learning intervention for fifth to seventh graders. The game is built upon historical narratives of disenfranchised populations that are seldom taught, those typically relegated to the 'null curriculum'. These narratives include the stories of women immigrant labour leaders in the early twentieth century, more than a decade before suffrage. The project understands the purpose of history education as the preparation of informed citizens. In paying particular attention to …

Not For Free: Exploring The Collateral Costs Of Diversity In Legal Education, Spearit

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This essay examines some of the institutional costs of achieving a more diverse law student body. In recent decades, there has been growing support for diversity initiatives in education, and the legal academy is no exception. Yet for most law schools, diversity remains an elusive goal, some of which is the result of problems with anticipating the needs of diverse students and being able to deliver. These are some of the unseen or hidden costs associated with achieving greater diversity. Both law schools and the legal profession remain relatively stratified by race, which is an ongoing legacy of legal education’s …

The Importance Of Local Area As A Motivation For Cooperation Among Rural Tourism Entrepreneurs, Ziene Mottiar

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This paper explores the issue of entrepreneurial motivations among rural tourism entrepreneurs in choosing to engage in cooperation. It analyzes literature which deals with the role of entrepreneurs and the development of rural destinations and highlights the fact that the role of entrepreneurs has been understated. Using mixed research methods and studying two rural areas in Ireland it addresses research questions such as why do rural tourism entrepreneurs engage in cooperation? How did this cooperation emerge? And how do they choose who to co-operate with?

The key finding is that while these entrepreneurs are motivated to co-operate as they think …

Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit

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In 1994, Congress passed the Violent Crime Control and Law Enforcement Act (VCCLEA), a provision of which revoked Pell Grant funding “to any individual who is incarcerated in any federal or state penal institution.” This essay highlights the counter-productive effects this particular provision has on penological goals. The essay suggests Congress acknowledge the failures of the ban on Pell Grant funding for prisoners, and restore such funding for all qualified prisoners.

Supporting Sustainability Through Developing A Learning Network Among Traditional Food Producers: Applications Of Action Learning, Paul Coughlan, David Coghlan, Denise O'Leary, Clare Rigg, Doireann Barrett

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Purpose: The chapter describes and reflects upon an EU-funded research initiative, TRADEIT, which has attempted to develop a learning network among European traditional food producers as one way of contributing to the economic sustainability of the ventures, the social sustainability of the food’s regional character, and the environmental sustainability of food production through the use of traditional methods.

Design/methodology/approach: The chapter describes TRADEIT before moving on to an exploration of learning in organizations and networks. It outlines the action learning research methodology developed and implemented to explore the development of a learning network in TRADEIT. A single case history …

Turning To Case Studies As A Mechanism For Learning In Action Learning, Denise O'Leary, Paul Coughlan, Clare Rigg, David Coghlan

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Case studies are a useful means of capturing and sharing experiential knowledge by allowing researchers to explore the social, organisational and political contexts of a specific case. Although accounts of action learning are often reported using a case study approach, it is not common to see individual case studies being used as a learning practice within action learning sets. Drawing on a network action learning (NAL) project, this paper explores how the process of coaching, articulating, authoring, sharing and editing case studies provided a vehicle for learning and research within a NAL set. The intended contribution of this paper to …

Exploring The Importance Of Team Psychological Safety In The Development Of Two Interprofessional Teams, Denise O'Leary

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It has been previously demonstrated that interactions within interprofessional teams are characterised by effective communication, shared decision-making, and knowledge sharing. This article outlines aspects of an action research study examining the emergence of these characteristics within change management teams made up of nurses, general practitioners, physiotherapists, care assistants, a health and safety officer, and a client at two residential care facilities for older people in Ireland. The theoretical concept of team psychological safety (TPS) is utilised in presenting these characteristics. TPS has been defined as an atmosphere within a team where individuals feel comfortable engaging in discussion and reflection without …

Preparing For Service: A Template For 21st Century Legal Education, Michael J. Madison

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Legal educators today grapple with the changing dynamics of legal employment markets; the evolution of technologies and business models driving changes to the legal profession; and the economics of operating – and attending – a law school. Accrediting organizations and practitioners pressure law schools to prepare new lawyers both to be ready to practice and to be ready for an ever-fluid career path. From the standpoint of law schools in general and any one law school in particular, constraints and limitations surround us. Adaptation through innovation is the order of the day.

How, when, and in what direction should innovation …

Remittances From Puerto Rico: Unsuspected Transnational Locality In Times Of Crisis, Sheila I. Velez Martinez

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This paper looks at immigrant remittances from Puerto Rico as a tool to understand how immigrant communities have faced and engaged the economic crisis. For example, from the data reviewed, it stems that immigrant remittances sent from Puerto Rico do not follow the same patterns as remittances sent from the United States and Europe inasmuch as they seem less affected by the global financial crisis and local unemployment rates. The research conducted also tends to indicate that money transfers from Puerto Rico might allow us to grasp the growing economic transnational relationships that are being maintained by varied immigrant communities …

Re-Theorizing The “Structure–Agency” Relationship: Figurational Theory, Organizational Change And The Gaelic Athletic Association, John Connolly, Paddy Dolan

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This article illustrates how the figurational sociology associated with Norbert Elias provides an alternative theoretical framework for explaining the relationship between, ‘individualorganization- society’ and organizational change, and in so doing transverses what is conceived as a false dichotomy between structure and agency. Through an historical case study of the Gaelic Athletic Association in Ireland, the ‘individual-organization-society’ relationship is conceptualized as overlapping figurations and organizational change is explained as figurational dynamics—the shifting social interdependencies between the individuals and groups comprising an organization, between that organization and other organizations, between social groups on a higher level of integration and competition. In tandem …

Restaurant Selection In Dublin, Frank Cullen

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The primary objective of this research was to investigate the selection process used by consumers when choosing a restaurant to dine. This study examined literature on consumer behaviour, restaurant selection, and decision-making, underpinning the contention that service quality is linked to the consumer’s selection of a restaurant. It supports the utility theories that consumers buy bundles of attributes that simultaneously combined represent a certain level of service quality at a certain price. The findings of the research displayed a preference by Dublin consumers for Italian and Chinese styled restaurants and identified quality of the food, type of food, cleanliness of …

Constructing And Disrupting Ireland's Industrial Development Authority, Paul Donnelly

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Actor-network theory is considered to have great potential for broadening and deepening our grasp of institutional work (LAWRENCE; SUDDABY, 2006). Given its focus on process, ANT offers a means to breathe life into the practices associated with institutionalization. With Callon’s (1986) four moments of translation as analytical lens, and with Ireland’s Industrial Development Authority as empirical example, I seek to address the concerns of Clegg and Machado da Silva (2009) by reconsidering “the role of agency, power, persistence and change in the process of institutionalization”.

Site Value Tax, Tom Dunne

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Tom Dunne discusses some of the issues surrounding property taxation in Ireland

Some Optimism About Fair Use And Copyright Law, Michael J. Madison

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This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.

Focusing On Process And History: Path Dependence, Paul Donnelly

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In recognition of the calls for more processual and historically informed organizational theorizing, this chapter considers the notion of path dependency, an approach which holds that a historical path of choices has the character of a branching process with a self-reinforcing dynamic such that preceding steps in a particular direction induce further movement in the same direction, thereby making the possibility of switching to some other previously credible alternative more difficult. Path dependence seeks to assess how process, sequence and temporality can be best incorporated into explanation, the focus of the researcher being on particular outcomes, temporal sequencing and the …

The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman

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Abstract Purpose – This paper proposes the activity-based focus group as a useful method with which to generate talk-in-interaction among pre-schoolers. Analytically, it aims to illustrate, how transcribed talk-in-interaction can be subjected to a discourse analytic lens, to produce insights into how pre-schoolers use ‘Coca-Cola’ as a conversational resource with which to build product-related meanings and social selves. Design/methodology/approach - Fourteen activity-based discussion groups with pre-schoolers aged between two and five years have been conducted in a number of settings including privately run Montessori schools and community based preschools in Dublin. The talk generated through these groups has been transcribed …

Control And The Protean Career: A Critical Perspective From The Multinational’S International Assignees, Marian Crowley-Henry, David Weir

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Mainstream management literature and research regarding the international career has long focused on the traditional expatriate experience. In this discourse the tendency has been to outline the benefits and issues to be considered for organizations and individuals embarking on international assignments. In contrast this chapter focuses on a special group whose positioning in the structures of employment and organization is in some ways exemplary of developing trends in the global labor force. They are the highly educated permanent expatriates who remain in the host country indefinitely (that is without a pre-determined organizational option of repatriation to their initial home country). …

Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison

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This essay, prepared as part of a Symposium on intellectual property law and business models, suggests the re-examination of the role of intellectual property law in the persistence of cultural forms of all sorts, including (but not limited to) business models. Some argue that the absence of intellectual property law inhibits the emergence of durable or persistent cultural forms; copyright and patent regimes are justified precisely because they supply foundations for durability. The essay tests that proposition via brief reviews of three persistent but very different cultural models, each of which represents a distinct form of American culture: The Rocky …

The Protean Career: Exemplified By First World Foreign Residents In Western Europe?, Marian Crowley-Henry

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This article presents findings from a qualitative study exploring the career-related motivations and experiences of a sample of 20 expatriates living and working on a permanent basis in the South of France (Sophia Antipolis) and in Germany (Munich). By virtue of their having established local links in the host country, either in having local working contracts or being installed in the area on a permanent basis (home owners; children born/being schooled in the host country), these expatriates could also be termed foreign residents in the host country. The study’s sample of highly educated workers originating from the United States of …

The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir

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In this paper, we share individual narratives outlining the experiences of four well-educated western women following a permanent international career in the South of France. By virtue of detailed interview transcripts and contextual information regarding the specificity of the location in question, a comprehensive picture of the experiences and choices of individual women in leadership business positions on an international level is painted. Our aim is not to generalise the findings to a wider population, but to gain an insight into the depth and complexity of career issues for women in general, and particularly for women working in a foreign …