Defending hospital mergers after the FTC's unorthodox challenge to the Evanston Northwestern--Highland Park transaction

Examining the Federal Trade Commission's retrospective challenge of a hospital merger in Illinois, the author provides an insightful analysis of one of the agency's major antitrust enforcement initiatives in health care in the last several years. Because the case produced several departures from antitrust orthodoxy, these departures may affect the trials of future hospital mergers that are challenged. The author reviews the methodology and evidence of the case, and he identifies theories and best practices that are important for administrators and legal practitioners to implement in future mergers.     

Public Administration Scholarship and the Politics of Coproducing Academic–Practitioner Research

Developing greater cooperation between researchers and practitioners is a long‐standing concern in social science. Academics and practitioners working together to coproduce research offers a number of potential gains for public administration scholarship, but it also raises some dilemmas. The benefits include bringing local knowledge to bear on the field, making better informed policy, and putting research to better use. However, coproduction of research also involves managing ambiguous loyalties, reconciling different interests, and negotiating competing goals. The authors reflect on their experience of coproducing a research project in the United Kingdom and discuss the challenges that coproducers of research confront. They situate the discussion within a consideration of traditions of public administration scholarship and debates about the role of the academy to understand better the politics of their joint practice. Thinking about the politics of coproduction is timely and enables the authors to become more attuned to the benefits and constraints of this mode of research..     

Identity-Lineup Location Influences Target Selection: Evidence from Eye Movements

Eyewitnesses often have to recognize the perpetrators of an observed crime from identity lineups. In the construction of these lineups, a decision must be made concerning where a suspect should be placed, but whether location in a lineup affects the identification of a perpetrator has received little attention. This study explored this problem with a face-matching task, in which observers decided if pairs of faces depict the same person or two different people (Experiment 1), and with a lineup task in which the presence of a target had to be detected in an identity parade of five faces (Experiment 2). In addition, this study also explored if high accuracy is related to a perceptual pop-out effect, whereby the target is detected rapidly among the lineup. In both experiments, observers?? eye movements revealed that location determines the order in which people were viewed, whereby faces on the left side were consistently viewed first. This location effect was reflected also in observers?? responses, so that a foil face on the left side of a lineup display was more likely to be misidentified as the target. However, identification accuracy was not related to a pop-out effect. The implications of these findings are discussed.     

Salaried lawyers and billable hours: a new perspective from the sociology of work

The work of legal professionals is changing rapidly, but the changes have not yet been thoroughly investigated from the perspective of the sociology of work. This paper draws on a research project that examined the work of solicitors in private practice in Melbourne, Australia. It uses in-depth interviews, results of secondary surveys and other data sources in order to describe the dominant working-time patterns. The evidence points to a common pattern of rigid and demanding schedules, which can be traced back to the indirect pressures exerted by the widespread system of ‘billable hours’. The paper takes up the challenge to examine the operation of this system. We argue that the billable hours system, initially just a technique for billing clients, has been transformed into a tool for measuring and controlling the work of salaried solicitors, through setting of targets, close time recording, careful monitoring, and a supple set of sanctions.     

Good Faith and the Ubiquity of the ‘Relational’ Contract

The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. That law does not have a general principle of good faith, but its doctrine of good faith, articulated through numerous specific duties, is more suitable for the interpretation of contracts according to the intentions of the parties than a general principle which invites the imposition of exogenous standards. That Yam Seng involved a relational contract does not mean that paternalistic exogenous standards should be imposed. It means that the good faith obligations essential even to a commercial contract of this sort must be implied in order to give efficacy to the fundamentally co‐operative contractual relationship.     

Academic entrepreneurship,technology transfer and society: where next?

I outline a synthesis of micro and macro levels that attempts to provide a broader conceptualization of academic entrepreneurship and an appreciation of the contextual heterogeneity of academic entrepreneurship and the implications for how it occurs. The micro-level concerns how firms orchestrate their resources and capabilities, specifically knowing where resources come from and how to accumulate, bundle and configure them to generate sustainable returns. At the macro level, I analyse four different dimensions of context: temporal, institutional, social and spatial. Consequently, I argue that there is a need for a reconciliation of utilitarian and education-for-education’s sake perspectives on the role of universities.     

Medical regulation of cognitive enhancement devices: some concerns

The authors present a cogent and detailed case for altering the Medical Devices Directive to allow regulation of cognitive enhancement devices (CEDs). Protection against significant risk of harm, especially for the vulnerable, and promotion of benefit through informed use of CEDs are all good features of the proposal. However, the pre-market approval process has limitations, which we explore. We raise the possibility of ‘risk compensation’ in response to the introduction of safety measures, which could alter its effectiveness. The proposal alludes to use of ‘formally trained practitioners,’ which provide a further tier of regulation for CEDs within the proposal. We consider some positive and negative implications of this aspect of the proposal that might warrant further consideration.     

Blessed be Discord, 1910: Ricardo Flores Magón's Manifesto Mode

This article explores how Ricardo Flores Magón used images to transpose the graphic tradition of nineteenth-century Mexican political journalism into prose by deploying montage to craft both allegorical and prismatic images: while certain images are divorced from their original context and take on a new life, others, analogically related to a single idea, appear prismatically in fragments on the page. The affinities Flores Magón's writing shared with modernismo and the historical avant garde – as intensification of the former and precursor of the latter – have been a blind spot for literary history, to which this article attempts to restore the importance of his writing.     

Entrepreneurship ecosystems: an agent-based simulation approach

Knowledge acquisition and development of capabilities constitutes a key perspective in studies regarding the formation of new ventures. When examining entrepreneurship ecosystems, we find that the composition of a region influences the new knowledge acquired by the venture. The main aim of this study is to examine the influence of the new venture, the entrepreneur’s social capital, and the firm performance on the new venture’s knowledge acquisition activities. In particular, the study examines how the institutional context of a region influences new ventures’ knowledge acquisition actions during its growth, and in turn the level of sustained entrepreneurial activity within the region. The paper focuses on the formation of alliances by new ventures, one particular form of knowledge acquisition process that has been established as critical to new venture success in the high technology sector. The mechanisms for acquiring and transforming knowledge have the greatest impact on new venture formation, and in this context, the concepts of strategic knowledge arbitrage and strategic knowledge serendipity (SKARSE?) are validated through an agent-based simulation model. The main results focus on the effects of interactions between entrepreneurs and institutions in the process of new venture formation from a knowledge creation, dissemination, and absorption perspective.