Search results

In this chapter, the authors consider the relationships between institutional settlements at the field level and the instantiation of logics at the organizational level. The authors present the case of Supervised Consumption Sites (also known as Safe Injection Sites) in Alberta, Canada where a settlement of logics supported by one government was disrupted with the election of a new provincial government in 2015, and then disrupted again after the election of yet another government four years later. The authors use this case to show how different institutional settlements can support or threaten particular types of organizations, and they also show how the instantiation of different settlements in organizations (organizational hybridity) can impact the ways in which organizations present themselves. By analyzing the public justifications provided by key members of Supervised Consumption Sites, they draw attention to connections between institutional settlements at the field level and organizational attempts to manage multiple logics.

We investigated how an institutional settlement concerning Native Indian gaming (the operation of gambling establishments such as casinos or bingo halls by Native Indian tribes) was preserved over time in spite of three significant challenges. Building on previous literature on settlements and institutional logics, we see settlements as institutional arrangements that manage power dynamics and competing institutional logics. Based on our analyses of the settlement and three challenges in the Native gaming field, we suggest that even seemingly volatile institutional settlements can be maintained when powerful actors balance each other’s ability to modify the settlement and different actors invoke alternative institutional logic(s). We also find that these processes can be facilitated by the embeddedness and formality of the settlement. We contribute to the settlement literature by showing how settlements can be maintained when actors draw on equally strong sources of power and different logics to counter the actions of other actors. Furthermore, we shed light on “how institutions matter” by demonstrating how institutional settlements can facilitate field stability.

After decades of declining strike rates in the industrialized world, recent years have seen a surge of militant walkouts in the global South, political strikes in Europe, and unconventional strikes in nonunion sectors in the United States. This new diversity of strike action calls for a new theoretical framework. In this paper, we review the historical strengths and limits of traditions of strike theory in the United States. Building on the emerging power resources approach, we propose a model based on a multidimensional view of associational power, power resources, and arenas of conflict in the economy, state, and civil society. We demonstrate the utility of our approach via a case analysis of strikes in the “Fight for $15” campaign in the United States.

Miller McPherson's approach to measuring the inherent duality of organizational forms and the environmental niches that they occupy is adapted and applied to an analysis of the institutional field of (outdoor) poverty relief organizations operating in New York City (1888–1917). In contrast to McPherson's approach that emphasizes how organizations are differentially arrayed within “Blau space,” this chapter focuses on how organizational forms are distributed across an institutional “logic space” that is itself dually ordered and defined by the kinds of organizational forms that are understood to exist. The resulting niche maps are employed to trace out the jurisdictional conflicts that erupted during the Progressive Era between two competing organizational forms – scientific charities and settlement houses – each of which embodied a particular vision and practice for delivering social relief to the poor.

Drawing on “Strategic Alliance” literature and qualitative research methods, the purpose of this study is to examine the initiation and operations phases of the relationship between Australian litigation funders and class law firms. The initiation phase examines factors such as complementarity between needs and assets compatibility between the funder and the class law firm goals of the alliance trust and alliance structure. The operations phase considers factors such as governance, communication and risk management and accountability. Because of its focus on the fairness of settlement, case law provides limited understanding of the drivers of the class law firm and funder relationship. An “inside look” of how the funder-law firm is initiated and made operational provides a more accurate picture and has important implications for the management of the ethical issues that arise during the course of that relationship.

This paper is a content analysis and contains qualitative interviews.

The strategic alliance between class law firms and litigation funders has evolved within an institutional climate that has acknowledged the benefits that the alliance can bring to the conduct of class actions. That same institutional environment has led to an alliance which is informal and transactionally oriented, where each of the parties maintains a demarcation in function. Although they share aspects of the strategic management of class actions, funders continue to be diligent monitors of class law firms, and class law firms continue to advance the legal rights of class members.

It is observed that the size of the sample is small driven by a number of market participants.

The paper confirms that the litigation funder–law firm strategic alliance works well as a result of institutional constraints.

Each of the alliance partners was keen to ensure that neither they nor their partner acted in a way which might attract judicial disapproval. Each also believed that they played a positive role in promoting class member interests, albeit that their primary motivation was to earn fees or a commission. The success of the alliance between class law firms and litigation funders has substantially improved access to justice in Australia for small claims holders.

The paper provides insight into a strategic alliance which is formed primarily for the benefit of third parties. This is one of the first papers to consider the litigation funder–law firm relationship through the lens of strategic alliance literature.

This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.

The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.

Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.

The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).

The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

This double volume presents a collection of 23 papers on how institutions matter to socio-economic life. The papers delve deeply into the practical impact an institutional approach enables, as well as how such research has the potential to influence policies relevant to critical institutional changes unfolding in the world today. In Volume 48A, the focus is on the micro foundations of institutional impacts. In Volume 48B, the focus is on the macro consequences of institutional arrangements. Our introduction provides an overview to the two volumes, identifies points of contact between the papers, and briefly summarizes each contribution. We close by noting avenues for future research on how institutions matter. Overall, the volumes provide a cross-section of cutting edge institutional thought and empirical research, highlighting a variety of fruitful directions for knowledge accumulation and development.

The construct of “tradition” is commonly used in studies of society and culture and refers to historically patterned institutionalized practices that emphasize the “presentness of the past” in their transmission. However, there is “very little analysis of the properties of tradition” (Shils, 1971, p. 124), especially in the management literature. We draw on illustrative examples from Martha Stewart Living magazine to reveal the use and meanings of traditions and their relevance to understanding institutional micro-foundations in contemporary living. We investigate how organizations bundle various aspects of institutions in their presentation, and seek to advance theory on how institutions matter in everyday life.

The land resettlement programme in Zimbabwe was undertaken not just as a land redistribution exercise but as a carefully planned and managed development programme. Despite the problems of adjusting government institutions to independence, an organisational framework was successfully established to plan and implement resettlement. This owed much to the fact that implementing resettlement was consistent with each institution′s objectives. On the other hand, the early economic success of the programme has become increasingly jeopardised as the institutions′ requirement for programme operation has not been matched by that for planning and implementation. An understanding of the organisational objectives of individual institutions can go some way to explain this. The experience of resettlement in Zimbabwe may not be unique and the experience will add to the increased emphasis being given in agricultural development to the establishment of appropriate farmer‐oriented institutions at the local level.

The present paper attempts to map the discursive relations between conflict and settlement as reflected in the realms of law and mediation during the second half of the 20th century, offering a 21st century model to combine the mediation drive to settle through reaching inter-subjective transformation with the legal drive to escalate and promote social conflict. Contemporary mediation, according to this model, should involve on the one hand “negotiating for justice,” according to the familiar models of problem solving and transformation, and on the other hand “fighting for law”: acknowledging the self-referential and ideological quality of conflicts, while emphasizing the pragmatic need to end them through an interpretive public act that involves value judgments.