Let’s collaborate, but I will be the first author! Exploring the importance of the first authorship for IS researchers

Collaboration among researchers is typically seen as the quintessence of academic excellence, leading to improvements in the research quality, capitalization on the diversity of perspectives and gains in productivity. Despite these benefits, many research teams find themselves torn by competition, antagonism and resentment. Desire to be the first author and resultant underperformance of non-first co-authors is often at the root of these conflicts. At the same time little is known about what motivates researchers in general and IS researchers in particular to engage as first authors. To fill this gap, this study uses survey methodology to explore the attitudes of IS researchers and their resulting behavior when it comes to authors order. Qualitative and quantitative evidence collected from 398 IS researchers is used to support our analysis. We find that researchers’ desire to be the first authors is mainly driven by such determinants as career aspirations, visibility, leadership and sense of ownership, and less so by the desire to satisfy their self-esteem and self-actualization needs. In addition, the value placed on being the first author appears to be the function of researchers’ career level, with Ph.D. students attaching significantly higher value to it than senior scholars.

What Makes a Family Firm Innovative? CEO Risk-Taking Propensity and the Organizational Context of Family Firms

Investigating the new product portfolio innovativeness of family firms connects two important topics that have recently received considerable attention in innovation and family firm research. First, new product portfolio innovativeness has been identified as a critical determinant of firm performance. Second, research on family firms has focused on the questions of if and why family firms are more or less innovative than other organizational forms. Research investigating the innovativeness of family firms has often applied a risk-oriented perspective by identifying socioemotional wealth (SEW) as the main reference that determines firm behavior. Thus, prior research has mainly focused on the organizational context to predict innovation-related family firm behavior and neglected the impact of preferences and the behavior of the chief executive officer (CEO), which have both been shown to affect firm outcomes. Hence, this study aims to extend the previous research by introducing the CEO's disposition to organizational context variables to explain the new product portfolio innovativeness of small and medium-sized family firms. Specifically, this study explores how the organizational context (i.e., ownership by top management team [TMT] family members and generation in charge of the family firm) of family firms interacts with CEO risk-taking propensity to affect new product portfolio innovativeness. Using a sample of 114 German CEOs of small and medium-sized family firms operating in manufacturing industries, the results show that CEO risk-taking propensity has a positive effect on new product portfolio innovativeness. Moreover, the analyses show that the organizational context of family firms impacts the relationship between CEO risk-taking propensity and new product portfolio innovativeness. Specifically, the relationship between CEO risk-taking propensity and new product portfolio innovativeness is weaker if levels of ownership by TMT family members are high (high SEW). Additionally, the effect of CEO risk-taking propensity on new product portfolio innovativeness is stronger in family firms at earlier generational stages (high SEW). This result suggests that if SEW is a strong reference, family firm-specific characteristics can affect individual dispositions and, in turn, the behaviors of executives. Therefore, this study helps extend the knowledge on the determinants of new product portfolio innovativeness of family firms by considering an individual CEO preference and the organizational context variables of family firms simultaneously.

Who Supports Minority Rights in Popular Votes? Empirical Evidence from Switzerland

Recent research shows that well-educated citizens are more supportive of minority rights in direct democratic votes than people with less education. This article however suggests that educational effects on minority rights only emerge under certain conditions. A Bayesian multilevel analysis of 39 referendums and initiatives on minority rights in Switzerland (1981–2009) shows that educational effects are particularly strong when the rights of lesser-known cultural minorities are to be extended. They are entirely absent, however, when referenda address the curtailment of rights for well-known minority groups.

How political economies affect immigrants' socio-economic incorporation. A comparative analysis of immigrants’ poverty risks across advanced industrialised countries

Immigration and the resulting increasing ethnic diversity have become an important characteristic of advanced industrialised countries. At the same time, the majority of the countries in question are confronted with structural transformation such as deindustrialisation and changes in family structures as well as economic downturn, which limit the capacities of nation-states in addressing rising inequality and supporting those individuals at the margins of the society. This paper addresses both issues, immigration and inequality, by focusing on immigrants’ socio-economic incorporation into the receiving societies of advanced industrialised countries. The aim of this paper is to explain cross-national variation in immigrants’ poverty risks. Drawing on the political economy as well as the migration literature, the paper develops a theoretical framework that considers how the impact of the national labour market and welfare system on immigrants’ poverty risks is moderated by the integration policies, which regulate immigrants’ access to the labour market and social programs (or immigrants’ economic and social rights). The empirical analysis draws on income surveys as well as a newly collected data set on economic and social rights of immigrants in 19 advanced industrialised countries, including European countries as well as Australia, and North America, for the year 2007. As the results from multilevel analysis show, integration policies concerning immigrants’ access to the labour market and social programs can partly explain cross-national variations in immigrants’ poverty risks. In line with the hypothesis, stricter labour market regulations such as minimum wage setting reduce immigrants’ poverty risks stronger in countries where they are granted easier access to the labour market. However, concerning the impact of more generous social programs the reductive poverty effect is stronger in countries with less inclusive access of immigrants to social programs. The paper concludes by discussing possible explanations for this puzzling finding.

Time-Limited Property Rights and Investment Incentives

Although it is axiomatic that property rights of infinite duration are necessary for owners to make efficient long term investments in their property, time limits on property rights are pervasive in the law. This paper provides an economic justification for such limits by arguing that they actually enhance property values in the presence of various sorts of market failure. The analysis offers a coherent approach for understanding what otherwise appear to be unrelated doctrines in the law.

Economic Rights, Human Development Effort and Institutions

This paper focuses on the link between economic rights and institutions. Simple analysis of data is used to demonstrate countries' human development effort in advancing economics rights of the citizens. A country's human development effort is evaluated on the basis of the well-being of the poorest members of the society. An analysis of data reveals that there is a wide variation in countries' pro-poor stance. While it is accepted that positive rights are pro-poor, this paper argues that so too are negative economic rights and in fact the two are complements rather than substitutes. Classifying countries into human development income deficit and human development effort deficit, it is demonstrated that a large number of countries could achieve higher welfare levels for the poor if they improved on bother positive and negative economic rights. The paper attempts to explain variations in the observed commitment to economic rights by focusing on pro-poor institutions. The basic thesis advanced in the paper is that pro-poor policies are more likely to be implemented and sustained in those institutions where power is sufficiently diffused such that even the poor have leverage over policy outcomes. The paper focuses on how institutions impact on power diffusion and therefore the adoption of pro-poor growth and policies. The failure of countries to adopt pro-poor growth and policies is attributed to institutional failures manifested in concentration of power. The policy recommendations emanating from the analysis focus on institutional reforms to enhance power diffusion. These policies include enlarging the political space through democratization, strengthening institutions and capacity to fight corruption and improve transparency, and bringing the government closer to the people through appropriate design and implementation of decentralization schemes. Some recent examples of improvements in economic rights following power diffusion are provided.

April 25, 2012

Geneva Henry, Executive Director of the Center for Digital Scholarship, Rice University. Data rights and ownership of digital research data can impact how you use data, how others use data you've collected, and how rights are determined in collaborative research. Copyright rules governing data vary from one country to the next, making data ownership in international collaborations particularly murky. Licensing the use of data sets from the start is one way to address these issues early and provide a means for easily sharing datasets that can be cited and properly attributed. This talk with introduce issues associated with digital research data governance and how to protect your rights with data you work with.

Child Welfare Workers’ Perceptions of the Influence of the Organizational Environment on Permanency Decisions for Families

The findings of this study suggest that while child welfare workers are consistently distracted by competing priorities from unexpected events, most are committed, and to understand perspectives is more inclusive and may improve retention rates. Notably, while it is recognized that permanency decisions are not made in an intellectual, legal or clinical vacuum and certain traditional aspects of the bureaucratic structure do not impact decision making, this study advances the body of knowledge on child welfare decision making. Examined in this study are child welfare case workers’ perceptions of the extent to which the organizational environment influences the permanency decisions they make to reunify or terminate parental rights of children placed out-of-home. This study includes a sample of 95 child welfare social workers employed in three public child welfare agencies in the Baltimore and Washington, DC metropolitan area. It used a cross-sectional research design, employing a survey instrument to examine bureaucratic distraction, role conflict, and supervisory adequacy as contextual factors in the organizational environment's influence on permanency outcome decisions. Implications are made for child welfare policy, practice, and research.

Conflict and land tenure in Rwanda

The purpose of this paper is to shed light on the historical relation between conflict and land tenure in Rwanda, a country that experienced a harsh civil war and genocide in the mid-1990s. The victory of the Tutsi-led rebel, Rwandan Patriotic Front (RPF) at that time triggered a massive return of refugees and a drastic change in land tenure policy. These were refugees who had fled the country at around the time of independence, in 1962, due to the political turmoil and persecution (the "social revolution") and who shared the background of the core RPF members. The social revolution had dismantled the existent Tutsi-led political order, compelling many Tutsi families to seek refuge outside their homeland. Under the post-independence rule of a Hutu-led government, the Tutsi refugees were not allowed to return and the lands they left behind were often arbitrarily distributed by local authorities among Hutu peasants. After victory in the mid-1990s civil war, the newly established RPF-led government ordered the current inhabitants of the lands to divide the properties in order to allocate portions to the Tutsi returnees. Different patterns of land holding and land division will be explained in the paper from data gathered through the authors' fieldworks in the southern and eastern parts of Rwanda. Although overt resistance to land division has not been observed to date, the land rights of the Tutsi returnees must be considered unstable because their legitimacy depends primarily on the strength and political stability of the RPF-led government. If the authority of RPF were to weaken, the land rights will be jeopardized. Throughout Rwandan history, in which political exclusion has often led to serious conflict, macro-level politics have repeatedly influenced land holding. Promotion of an inclusive democracy, therefore, is indispensable to escape the vicious circle between political instability and land rights.

An analysis of recent changes in Spanish Coastal Law

Spanish coastal legislation has changed in response to changing circumstances. The objective of the 1969 Spanish Coastal Law was to assign responsibilities in the Public Domain to the authorities. The 1980 Spanish Coastal Law addressed infractions and sanctions issues. The 1988 Spanish Coastal Law completed the responsibilities and sanctions aspects and included others related to the delimitation of the Public Domain, the private properties close to the Public Domain, and limitations on landuse in this area. The 1988 Spanish Coastal Law has been controversial since its publication. The “European Parliament Report on the impact of extensive urbanization in Spain on individual rights of European citizen, on the environment and on the application of EU law, based upon petitions received”, published in 2009 recommended that the Spanish Authorities make an urgent revision of the Coastal Law with the main objective of protecting property owners whose buildings do not have negative effects on the coastal environment. The revision recommended has been carried out, in the new Spanish Coastal Law “Ley 2/2013, de 29 de mayo, de protección y uso sostenible del litoral y de modificación de la Ley 22/1988, de 28 de Julio, de Costas”, published in May of 2013. This is the first major change in the 25 years since the previous 1988 Spanish Coastal Law. This paper compares the 1988 and 2013 Spanish Coastal Law documents, highlighting the most important issues like the Public Domain description, limitations in private properties close to the Public Domain limit, climate change influence, authorizations length, etc. The paper includes proposals for further improvements.

Controle operário como direito

O controle operário é um fenômeno social, expressão direta da luta de classes e produto de um momento histórico no qual as relações sociais de produção são marcadas pela subsunção forma e real do trabalho ao capital e pela propriedade privada dos meios de produção. Nesse sentido, o controle operário se expressa em diversos momentos dessa histórica, seja como luta dos trabalhadores pela sobrevivência, de forma a garantir o emprego e sua fonte de subsistência, ou, luta revolucionária, para a superação do modo de produção capitalista, almejando não só o controle no local de trabalho, mas do próprio Estado. Quando se está falando de uma fábrica ou empresa, o método geralmente utilizado para se alcançar este objetivo é a ocupação do estabelecimento e o controle do processo produtivo, mas é possível que seu controle possa ser exercido por meio de conselhos no interior da fábrica, respaldado por uma organização operária e popular mais geral na sociedade. Esse fenômeno normalmente é abordado na sociologia ou na política, de forma a verificar as relações e contradições do controle operário com o modo de produção vigente e com as instituições políticas como Estado, o partido ou o Sindicato. Cumpre no presente trabalho, todavia, abordar em que medida o controle operário pode ser encarado como um direito dos trabalhadores de assumirem o controle do processo produtivo no local de trabalho. A partir de uma abordagem histórica do fenômeno do controle operário e de sua expressão contemporânea, como produto de ocupações de fábricas falidas ou em dificuldades financeiras, nas quais o empregador passa a descumprir reiteradamente os direitos trabalhistas, verifica-se que, ao contrário de uma violação ao direito de propriedade ou direito de posse, o que se configura, nessas hipóteses, é um verdadeiro direito dos trabalhadores de controlar a produção, notadamente com o intuito de manter a unidade produtiva e a geração de emprego e renda para a sociedade. Nesse sentido, devem ser protegidos juridicamente os métodos da classe trabalhadora que se efetivam com este fim, como as greves de ocupações ativas, quando conferem à posse ou à propriedade sua função social. Todavia, este direito não surge livre de contradições. Com efeito, o direito reproduziria em si a lógica capitalista, ou poderia servir de instrumento para a classe trabalhadora? Embora encaremos a forma jurídica enquanto produto da forma mercantil e, portanto, essencialmente capitalista, verificamos que o próprio desenvolvimento dialético da história não se dá livre de contradições. A nova racionalidade do direito social, nesse sentido, seria um elemento que, se por um lado busca reafirmar a lógica capitalista em seu bojo, restabelecendo os padrões de igualdade e liberdade, por outro carrega consigo elementos que, em alguma medida, expõe as contradições e os limites do próprio direito. Portanto, o direito ao controle operário não se mostra elemento prejudicial à classe trabalhadora, embora seja acompanhado de contradições inerentes.

The Future Direction of Delaware Law (Including a Brief Exegesis on Fee Shifting Bylaws)

Delaware sets the governance standards for most public companies. The ability to attract corporations could not be explained solely by the existence of a favorable statutory regime. Delaware was not invariably the first or the only state to implement management friendly provisions. Given the interpretive gaps in the statute and the critical importance of the common law in the governance process, courts played an outsized role in setting legal standards. The management friendly nature of the Delaware courts contributed significantly to the state’s attraction to public corporations. A current example of a management friendly trend in the case law had seen the recent decisions setting out the board’s authority to adopt bylaws under Section 109 of the Delaware General Corporation Law (DGCL), particularly those involving the shifting of fees in litigation against the corporation or its directors. The DGCL allows bylaws that address “the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its stockholders, directors, officers or employees.” The broad parameters are, however, subject to limits. Bylaws cannot be inconsistent with the certificate of incorporation or “the law.” Law includes the common law. The Delaware courts have used the limitations imposed by “the law” to severely restrict the reach of shareholder inspired bylaws. The courts have not used the same principles to impose similar restraints on bylaws adopted by the board of directors. This can be seen with respect to bylaws that restrict or even eliminate the right of shareholders to bring actions against management and the corporation. In ATP Tour, Inc. v. Deutscher Tennis Bund the court approved a fee shifting bylaw that had littl relationship to the internal affairs of the corporation. The decision upheld the bylaw as facially valid.The decision ignored a number of obvious legal infirmities. Among other things, the decision did not adequately address the requirement in Section 109(b) that bylaws be consistent with “the law.” The decision obliquely acknowledged that the provisions would “by their nature, deter litigation” but otherwise made no effort to assess the impact of this deterrence on shareholders causes of action. The provision in fact had the practical effect of restricting, if not eliminating, litigation rights granted by the DGCL and the common law. Perhaps most significantly, however, the bylaws significantly limited common law rights of shareholders to bring actions against the corporation and the board. Given the high dismissal rates for these actions, fee shifting bylaws imposed a meaningful risk of liability on plaintiffs. Moreover, because judgments in derivative suits were paid to the corporation, shareholders serving as plaintiffs confronted the risk of liability without any offsetting direct benefit. By preventing suits in this area, the bylaw effectively insulated the behavior of boards from legal challenge. The ATP decision was poorly reasoned and overstepped acceptable boundaries. The management friendly decision threatened the preeminent role of Delaware in the development of corporate law. The decision raised the specter of federal intervention and the potential for meaningful competition from the states. Because the opinion examined the bylaw in the context of non-stock companies, the reasoning may remain applicable only to those entities and never make the leap to for-profit stock corporations. Nonetheless, the analysis reflects a management friendly approach that does not adequately take into account the impact of the provision on the rights of shareholders.

Rehabilitating, repairing and restoring against demolishing, tearing down and destroying: the recovery of the military fort for the Santa Pola town museum

This communication develops the process of interventions of the Renaissance fortress of a new plant built in 1554–57 in Santa Pola. It is one of the earliest examples built with reference to military architecture theoretical treaties (XV–XVI) and best preserved. The study runs its own story from its initial military use, through the use of civil equipment until the final cultural and Museum Center. First, the project of Italian origin is examined and its use as barracks for troops for a duration of three centuries (1557–1850), pointing out the architectural constants of war machinery in a defense position and its origin as a rainwater collector and cistern: a perfect square with two bastions in which a plan of the uprising is preserved (1778). Secondly, we study the changes in the mentioned architecture throughout a century and a half (1850–1990) after its change of ownership (from the state to the municipality), and as a result of the new use as a city hall and public endowment: a market and health and leisure centre, which meant the demolition of defensive elements and the opening up to the outside of the inner parade ground. And thirdly, the new transfer of the municipal offices brings in the beginning of a project of transformations (1990–2015) that retrieves the demolished elements at the same time as it assigns the entire fort for a cultural centre: exhibition, research and history museum, promoting the identity between the citizens and the building which stands in the foundations of their city. The conclusions take us through an interesting route that goes from the approach of defensive tactics, its use as administrative headquarters to the current cultural policy of preservation. In addition, all the known plans of the fort are recovered (of military, civil and cultural use), some unpublished, as well as the project of the North wing that has guided the last operation and which has been set as a pattern of reference.

Reaching for a Calculator or a Mirror? Why the EU Joins International Human Rights Treaties. EU Diplomacy Paper 01/2013

Why does the European Union (EU) join international human rights treaties? This paper develops motivational profiles pertaining either to a ‘logic of appropriateness’ or a ‘logic of consequentialism’ in order to answer this question. It compares the EU’s motivations for its recent accession to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) with those dominating the EU’s nonaccession to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Based on this cross-case analysis, I argue that the EU’s accession decisions are best viewed as cost-benefit calculations and explained by the strength of opposition and the desire to spread its norms. The EU is only marginally concerned with efforts to construct an ‘appropriate role’, although its accession considerations are positively influenced by (varying degrees) of an internalized commitment to human rights. The paper aims at deepening the understanding of the EU’s motivations in the paradigmatic hard case of accession to international human rights treaties not least to evaluate the EU’s ‘exceptional nature’, facilitate its predictability for stake-holders and contribute to political and ethical debates surrounding future rites of passage as a global actor.

A transmissão contratual do direito de propriedade sobre os bens imóveis em Portugal : a "crise" do princípio da consensualidade e o regime do Código de Registo Predial

A presente Dissertação versa sobre a aplicação do princípio da consensualidade à transmissão contratual do direito de propriedade na ordem jurídica portuguesa, dando especial destaque à transmissão contratual dos bens imóveis. A transmissão contratual do direito de propriedade sobre os bens imóveis suscita a problemática da articulação entre o princípio da consensualidade e as restantes normas do ordenamento jurídico, principalmente as normas da ordem registal, na medida em que, se discute se no plano da transmissão contratual dos bens imóveis o princípio da consensualidade consiste numa regra geral ou, por outro lado, assume um papel residual ou supletivo. Tanto a Doutrina maioritária como a Jurisprudência portuguesas defendem a prevalência do Direito substantivo e do princípio da consensualidade na transferência do direito de propriedade, mesmo no caso dos bens imóveis. Já uma Doutrina minoritária defende a prevalência do Direito Registal ao dar relevância ao papel da inscrição registal da transmissão do direito de propriedade sobre os bens imóveis, defendendo que a transferência de bens imóveis por mero efeito do contrato é uma regra supletiva ou residual na ordem jurídica portuguesa. Da análise da ordem jurídica portuguesa verificou-se que o sistema do título português possui “efeitos fracos”; a transmissão contratual do direito de propriedade ocorre por efeito do contrato mesmo em relação aos bens imóveis, logo, o princípio da consensualidade é a regra geral; o sistema de registo é semi-obrigatório; o registo não é elemento de transmissão do direito de propriedade mas condição de oponibilidade face aos terceiros (apenas os terceiros tutelados pelo legislador), por isso, o registo possui um efeito consolidativo do direito registado.