Social and Behavioral Sciences Commons^™

When John Locke Meets Lao Tzu: The Relationship Between Intellectual Property, Biodiversity And Indigenous Knowledge And The Implications For Food Security, Paolo Davide Farah, Marek Prityi

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This article aims to examine the relationship between the concepts of intellectual property, biodiversity, and indigenous knowledge from the perspective of food security and farmers’ rights. Even though these concepts are interdependent and interrelated, they are in a state of conflict due to their inherently enshrined differences. Intellectual property is based on the need of protecting individual property rights in the context of creations of their minds. On the other hand, the concepts of biodiversity, indigenous knowledge and farmers’ rights accentuate the aspects of equity and community. This article aims to analyse and critically assess the respective legal framework and …

Considerations For Scaling A Social Enterprise: Key Factors And Elements, Clodagh O'Reilly, Lucia Walsh, Ziene Mottiar

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The number of social enterprises has grown exponentially in recent times. International research regarding how social enterprises scale is starting to emerge and is becoming an area of increased focus. Due to their hybridity, social enterprises experience unique scaling challenges, and research has started to examine these experiences. This theoretical paper reviews existing literature on social enterprise scaling and, based on this, proposes a conceptual model for understanding the interdependent factors and elements social enterprises must navigate when scaling. The proposed conceptual model will provide a base for further empirical research. When validated, it will also provide a practical tool …

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 …

Competitive Sustainability: The Intersection Of Sustainability And Business Success, Clyde Eiríkur Hull

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Sustainability that beats the competition is different from sustainability that does not. Some who care very much about sustainability may not care at all about business success. However, they should. If businesses were to see that competitive sustainability leads to financial success, they would take it up and abandon nonsustainable practices

Making Sustainability A Core Competency: Consumer Response To Sustainable Innovative Products, Clyde Eiríkur Hull, Jennifer D. Russell, Monika Kukar-Kinney

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Research suggests that sustainability may not be sufficient to yield a competitive advantage. Building on the resource-based view, this research evaluates three questions: (1) Can using sustainability as a differentiator lead to consumers choosing sustainable products? (2) Does product sustainability appeal more to environmentally concerned consumers? (3) Does product sustainability appeal more when paired with innovation? To test the hypotheses, an online survey of 344 US respondents was conducted. Consumers were given a hypothetical budget for an office chair and asked to choose between two products at a time. Hypotheses were tested with frequency and Chisquare tests and logistic regression. …

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 …

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 …

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 …

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 …

Copyright’S Twilight Zone: Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton

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Web 2.0 technologies, characterized by user-generated content, raise new challenges for copyright law. Online interactions involving reproductions of copyrighted works in blogs, online fan fiction, and online social networks do not comfortably fit existing copyright paradigms. It is unclear whether participants in Web 2.0 forums are creating derivative works, making legitimate fair uses of copyright works, or engaging in acts of digital copyright piracy and plagiarism. As online conduct becomes more interactive, copyright laws are less effective in creating clear signals about proscribed conduct. This article examines the application of copyright law to Web 2.0 technologies. It suggests that social …

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.

A Winning Solution For Youtube And Utube? Corresponding Trademarks And Domain Name Sharing, Jacqueline D. Lipton

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In June of 2007, the United States District Court for the Northern District of Ohio ruled on a motion to dismiss various claims against the Youtube video-sharing service. The claimant was Universal Tube and Rollform Equipment Corp ("Universal"), a manufacturer of pipes and tubing products. Since 1996, Universal has used the domain name utube.com - phonetically the same as Youtube's domain name, youtube.com. Youtube.com was registered in 2005 and gained almost-immediate popularity as a video-sharing website. As a result, Universal experienced excessive web traffic by Internet users looking for youtube.com and mistakenly typing utube.com into their web browsers. Universal's servers …

Webs Of Power: Multiple Ownership In Tourism Destinations, Ziene Mottiar, Hazel Tucker

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It has been widely noted in the tourism small business literature that collaboration between groups of businesses operating within clusters contributes both to business development and the success of destinations and regions. This paper aims to contribute to the research on tourism destination networks by focusing on multiple ownership, or portfolio entrepreneurship, when more than one small or micro business within a specific destination are owned by the same entrepreneur. Courtown, in Ireland and Göreme in Turkey are presented as two case studies in which the existence of multiple owners was identified. The implications of multiple ownership on tourism operation …

Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton

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Computer software is somewhat of a problem child for intellectual property law. Courts and legislatures have struggled to encourage innovations in software development while, at the same time, attempting to avoid undesirable digital information monopolies. Neither the patent nor the copyright system has provided a particularly satisfactory paradigm for software protection. Although patents have received greater attention than copyrights in the software context (consider, for example, the recent BlackBerry case), copyright law arguably creates more insidious undercurrents in today's marketplace. This is partly because we have not yet appreciated the potential impact of recent developments in programming methodology and digital …

Law As Design: Objects, Concepts, And Digital Things, Michael J. Madison

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This Article initiates an account of things in the law, including both conceptual things and material things. Human relationships matter to the design of law. Yet things matter too. To an increasing extent, and particularly via the advent of digital technology, those relationships are not only considered ex post by the law but are designed into things, ex ante, by their producers. This development has a number of important dimensions. Some are familiar, such as the reification of conceptual things as material things, so that computer software is treated as a good. Others are new, such as the characterization of …

Solving The Digital Piracy Puzzle: Disaggregating Fair Use From The Dmca's Anti-Device Provisions, Jacqueline D. Lipton

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Copyright law has always involved balancing creative pursuits against innovations in copying, distribution and, more recently, encryption technologies. A significant problem for copyright law is that many such technologies can be utilized for both socially useful and socially harmful purposes. It is difficult to regulate such technologies in a way that prevents social harms while at the same time facilitating social benefits. The most recent example of this dynamic is evident in the 2005 United States Supreme Court decision in MGM v Grokster - dealing with digital file-sharing technologies. This article draws from the file sharing debate in considering another …