Digital Commons Network^™

Research Methodology In Business: A Starter’S Guide, Mohamed Af Ragab, Amr Arisha

Articles

A cardinal requisite of successful research lies in the proper selection of the research methodology applied to achieve research objectives using the available resources. In addition to acquiring sufficient knowledge of their specific research topic, researchers are urged to develop good understanding of alternative research methodologies at their disposal to be able to identify the best-suited methods to address the research question. This, however, often poses a challenge for novice researchers who face difficulty in grasping the vast methodology landscape and its encompassing array of debates. The purpose of this paper is to provide new researchers with a comprehensive overview …

Understanding Market Inefficiency In The East Asian Region During Times Of Crisis, Lucia Morales, Bernadette Andreosso-O’Callaghan

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The study of financial market efficiency has important implications in terms of global macroeconomic stability. The case of six selected East Asian stock markets (China, Japan, Hong Kong, Malaysia, Singapore and South Korea) during the Asian Financial Crisis (AFC) and Global Financial Crisis (GFC) is analysed here using a battery of well-known econometric techniques that starts with traditional unit root testing for random walk behaviour. The six countries were selected on the basis of market capitalization to offer insights into the behaviour of the most relevant markets in the region. The results show that during both crises, these markets exhibited …

Recognizing Food As Part Of Ireland’S Intangible Cultural Heritage, Máirtín Mac Con Iomaire

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Drawing on evidence from across a range of disciplines (literature, folklore, history, sociology, etc.), this paper explores the lack of an iconic link between Ireland and food, explaining the reasons why Ireland and food are not immediately linked in the popular imagination. It argues for recognition of foodways as a significant element in Ireland’s intangible cultural heritage. It highlights and interrogates constructs, such as ‘national’ and ‘regional’ cuisines, charting the growing scholarship around Irish food history from the ground breaking work of A.T. Lucas and Louis Cullen to a recent emerging cluster of doctoral researchers. The paper identifies the potential …

Introduction, Lorcan Sirr

Articles

Over many decades, it has been rare for a week to pass without housing-related issues being close to, or at, the top of news and political agendas. As everybody has to live somewhere, housing – and its related elements of property, building, planning and finance – is a topic in which everybody has both a stake and an opinion. It is the most personal of subjects – in many respects, our housing shapes our lives.

When Attitudes Became Toys: Jasia Reichardt’S Play Orbit, Tim Stott

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No abstract provided.

Becoming A Decolonial Feminist Ethnographer: Addressing The Complexities Of Positionality And Representation, Jennifer Manning

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Abstract Organisation and management scholars are often preoccupied with developing, refining and advancing knowledge, and in so doing, the empirical process through which knowledge is advanced can be ignored together with the impact this process can have on participants and scholars. This article draws attention to how management scholars might negotiate the complexities of positionality and representation through an illustrative case: my experience of becoming a decolonial feminist ethnographer. Drawing upon my doctoral research, I share the experience of my ethnographic journey to become a decolonial feminist ethnographer. Developing a decolonial feminist approach to ethnography enabled me to identify positionality …

Informing Quality In Emergency Care: Understanding Patient Experiences, Esmat Swallmeh, Vivienne Byers, Amr Arisha

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Purpose: Assessing performance and quality in healthcare organisations is moving from focussing solely on clinical care measurement to considering the patient experience as critical. Much patient experience research is quantitative and survey based. The purpose of this paper is to report a qualitative study gathering in-depth data in an emergency department (ED).

Design/methodology/approach: The authors used empirical data from seven focus groups to understand patient experience as participants progressed through a major teaching hospital in an Ireland ED. A convenience sampling technique was used, and 42 participants were invited to share their perceptions and outline key factors affecting their journey. …

Developing A Unified Approach To Sustainable Consumption Behaviour: Opportunities For A New Environmental Paradigm, Vivienne Byers, Alan Gilmer

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Politicians and national policy makers seek to encourage individuals to engage in a wide range of pro-environmental practices to address both discrete environmental problems and major global challenges such as climate change. Theoretically, the field of behavioural management in environmental consumption which seeks to change holarchic open human systems, is much contested. This paper proposes to develop a synthesized conceptual framework embracing a unified approach that addresses the systematic, structural, and institutional perspectives on how consumption, through public policy initiatives, can be developed and changed to reflect a deeper ecological foundation. This approach considers the debate regarding policy and behavioural …

The New Diagnostic Team, Mark L. Graber, Diana Rusz, Melissa L. Jones

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The National Academy of Medicine (NAM) in the recently issued report Improving Diagnosis in Health Care outlined eight major recommendations to improve the quality and safety of diagnosis. The #1 recommendation was to improve teamwork in the diagnostic process. This is a major departure from the classical approach, where the physician is solely responsible for diagnosis. In the new, patient-centric vision, the core team encompasses the patient, the physician and the associated nursing staff, with each playing an active role in the process. The expanded diagnostic team includes pathologists, radiologists, allied health professionals, medical librarians, and others. We review the …

Organizational Decline And Fiscal Distress In Municipal Police Agencies, Matthew Giblin, Jeffrey Nowacki

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In late 2007, the United States entered one of the most significant recessions in recent memory. While the consequences to individuals have been well-documented, less attention has been paid to the effects on state-sponsored organizations such as police agencies. The current study examines fiscal distress (e.g., layoffs, hiring freezes) in a sample of large municipal law enforcement agencies. According to a framework proposed by Levine (1978), departments should be most vulnerable to fiscal distress when the jurisdiction experiences economic shocks (environmental entropy), the demand for police services declines (problem depletion), the political system becomes less supportive of police agencies (political …

Contracts Ex Machina, Kevin Werbach, Nicolas Cornell

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Smart contracts are self-executing digital transactions using decentralized cryptographic mechanisms for enforcement. They were theorized more than twenty years ago, but the recent development of Bitcoin and blockchain technologies has rekindled excitement about their potential among technologists and industry. Startup companies and major enterprises alike are now developing smart contract solutions for an array of markets, purporting to offer a digital bypass around traditional contract law. For legal scholars, smart contracts pose a significant question: Do smart contracts offer a superior solution to the problems that contract law addresses? In this article, we aim to understand both the potential and …

The Culture Of Misdemeanor Courts, Jessica A. Roth

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The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …

Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias

Articles

A well-documented problem motivates this symposium: The National Labor Relations Act (NLRA) does not effectively protect workers’ rights to organize, bargain, and strike. Though unions once represented a third of American workers, today the vast majority of workers are non-union and employed “at will.” The decline of organization among workers is a key factor contributing to the rise of economic and political inequality in American society. Yet reforming labor law at the federal level—at least in a progressive direction—is currently impossible. Meanwhile, broad preemption doctrine means that states and localities are significantly limited in their ability to address the weaknesses …

Tort Reform Through The Back Door: A Critique Of Law And Apologies, Yonathan A. Arbel, Kaplan, Yotam Kaplan, Yotam

Articles

In this Article, we show how the biggest tort reform of the last decade was passed through the back door with the blessing of its staunchest opponents. We argue that the widely-endorsed "apology law" reform-a change in the national legal landscape that privileged apologies-is, in fact, a mechanism of tort reform, used to limit victims' recovery and shield injurers from liability. While legal scholars overlooked this effect, commercial interests seized the opportunity and are in the process of transforming state and federal law with the unwitting support of the public.

Constructing An International Community, Monica Hakimi

Articles

What unites states and other global actors around a shared governance project? How does the group—what I will call an “international community”—coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members’ commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined integration and discord that actually characterize most global governance associations. I argue that conflict, especially conflict that manifests in law, is not necessarily corrosive to an international community. To the contrary, it often is a …

Equality After Brexit: Evaluating British Contributions To Eu Antidiscrimination Law, Julie C. Suk

Articles

The article examines the significant contributions of the United Kingdom to the development of EU antidiscrimination law, particularly through its involvement in key cases and the opinions of British Advocates General. It highlights how Brexit may impact the future evolution of these legal principles within the EU.

Festival Heterotopias: Spatial And Temporal Transformations In Two Small-Scale Settlements, Bernadette Quinn, Linda Wilks

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This paper reports the findings of research undertaken at two festivals which take place in small-scale settlements: one in a village set in rural western Ireland, the other in a small coastal town set within a largely rural Area of Outstanding Natural Beauty in southern England. It uses Foucault’s concept of heterotopia as an analytical tool to further understandings of how the spatial and temporal interruptions caused by festivals temporarily transform the prevailing social order. The findings attest to the manner in which festivals juxtapose several incompatible spaces, creating a diverse array of social alterations in consequence, and highlight the …

Indigenous Autonomy In Colombia: State-Building Processes And Multiculturalism, Pablo Rueda-Saiz

Articles

This article shows a novel facet in the complex relation between multiculturalism, the state and the market. Contrary to conventional theories in political science, sociology and anthropology, it shows that it is not just the success, but also the failure of the state and the market to commoditise nature and turn it into property that can actually help to foster ethnic identity. While state-driven market incentives to expand the agricultural frontier in Colombia during the 1960s and 1970s failed, they did help to foster differentiated indigenous identities and organisations, which converged around the revival of long-forgotten nineteenth century indigenous laws …

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

Articles

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 …

The Concepts Of Law, Nicholas Stephanopoulos, Tom Ginsburg

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No abstract provided.

The Problem Of Creative Collaboration, Anthony Casey, Andres Sawicki

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No abstract provided.

From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold

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Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …

The Effect Of Criminal Records On Access To Employment, Amanda Agan, Sonja B. Starr

Articles

This paper adds to the empirical evidence that criminal records are a barrier to employment. Using data from 2,655 online applications sent on behalf of fictitious male applicants, we show that employers are 60 percent more likely to call applicants that do not have a felony conviction. We further investigate whether this effect varies based on applicant race (black versus white), crime type (drug versus property crime), industry (restaurants versus retail), jurisdiction (New Jersey versus New York City), local crime rate, and local racial composition. Although magnitudes vary somewhat, in every subsample the conviction effect is large, significant, and negative.

A Call For Developing A Field Of Positive Legal Methodology, William Baude, Adam S. Chilton, Anup Malani

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No abstract provided.

Making Doctrinal Work More Rigorous: Lessons From Systematic Reviews, William Baude, Adam S. Chilton, Anup Malani

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No abstract provided.

Speaking Law: Towards A Nuanced Analysis Of 'Cases', Susanne Baer

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“The headscarf case” is more than just a case. Talking law is often talking cases, but we need to understand law more specifically as a powerful practice of regulation. Law is also not only another discourse, or just text, or politics, with fundamental rights as “an issue,” or a promise, or just an idea. Instead, to protect fundamental rights, it is necessary to understand how in reacting to a conflict, we in fact speak rights today—Rechtsprechung—as a form of practice. The German Federal Constitutional Court’s decision in the conflict about female teachers wearing headscarves in German public schools may be …

Democracy, Law, Compliance, Don Herzog

Articles

Professors Schauer and McAdams both seek a more or less sweepingly general theory of why we obey the law. But we should split, not lump. There are different reasons different actors in different social settings obey different laws–not only, but not least, out of regard for democratic decision making.

Community Safety, Social Cohesion And Embedded Autonomy: A Case From South-West Dublin, Matt Bowden

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The article provides a case of community safety based upon an evaluative study of an community safety intervention in the south-west Dublin suburb of Tallaght. Characteristic of the Irish context for crime prevention and community safety has been the ad hoc nature of policy formation and the underdeveloped structures for urban security. The case is based primarily upon qualitative data from interviews and focus groups with key stakeholders, together with some additional observations from a household survey. The key themes centre on the way safety manifests from issues related to social integration in the pilot communities; the impact, capacity and …

Recognising Birth Children As Social Actors In The Foster-Care Process: Retrospective Accounts From Biological Children Of Foster-Carers In Ireland, David Williams

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While a wealth of literature exists on the topic of fostering, limited research has been published on the experiences of the biological children of foster-carers (Younes and Harp, 2007; Sutton and Stack, 2013). Literature that exists identifies increased recognition of the importance of birth children’s contribution to successful foster-care placements and the prevention of placement breakdown (Kalland and Sinkonnen, 2001; Hojer et al., 2013). This paper reports findings from an interpretivist study that explored the retrospective experiences of fifteen adult birth children of foster-carers (aged between eighteen and twenty-eight years) in Ireland. Using semi-structured interviews, birth children’s experiences of fostering …

Social Class Tensions, Habitus And The Advertising Of Guinness, John Connolly, Paddy Dolan

Articles

Drawing from an Eliasian perspective we examine how an ‘advertising subjectivity’ became more firmly embedded within the bourgeois habitus. We explain how and why advertising slowly developed and expanded within a commercial organization despite initial opposition, ambivalence and even hostility from some of its bourgeois senior management towards the practice – the very social class sometimes identified with advertising’s origins and advance. Our empirical case is based on Arthur Guinness & Sons Ltd, the Irish company which came to be renowned for the alcohol beverage which carried its name – Guinness stout. We explain how the development of advertising was …