Risks, Goals, and Pictographs: Lawyering to the Social Entrepreneur

Scholars have argued that transactional lawyers add value by mitigating the potential for post-transaction litigation, reducing transaction costs, acting as reputational intermediaries, and lowering regulatory costs. Effective transactional attorneys understand their clients’ businesses and the industries or contexts in which those businesses operate. Applied to the start-up social enterprise context, understanding the client includes understanding the founders’ values, preferences, and proclivity for risk. The novel transactions and innovative solutions pursued by emerging social entrepreneurs may not lend themselves well to risk avoidance. For example, new corporate forms such as the benefit corporation are untested, yet appeal to many social entrepreneurs who wish to use a single entity to pursue dual missions. Novelty in a transaction or governance arrangement, as opposed to precedent, means that the risk of litigation or regulatory inquiry may rise. However, a lawyer—and particularly the student attorney without practice experience—may be prone to risk aversion. Lawyers are often described by themselves and by others as “conservative, risk-averse, precedent-bound, and wedded to a narrow, legalistic range of problem solving strategies.” On one hand, risk aversion can inhibit a lawyer’s ability to “think outside the box” and take the innovative approaches that their social enterprise clients need. On the other hand, a lawyer’s risk aversion may add value to a social enterprise to the extent that the lawyer can be a “sounding board to help clients balance risk-prone ideas.” In the Social Enterprise & Nonprofit Law Clinic at Georgetown Law, student attorneys learn to practice client-centered lawyering in their representation of social enterprise clients. In this Essay, I discuss (i) plausible risk profiles of student attorneys and their social enterprise clients; (ii) a client-centered lawyering approach that deters a student attorney from projecting her own risk aversion onto her clients and allows her to act as a “sounding board” armed with legal analysis to help her client make informed decisions; and (iii) one of the counseling tools that facilitates this client-centered approach. The counseling tool—a pictograph, or visual representation that communicates three-dimensional qualitative information—dictates that the client’s preferences take priority over the student attorney’s risk profile, but also allows the student attorney to present and frame the advantages and disadvantages of a particular decision point in relation to the client’s expressed goals

The Funnel Effect: How Elite College Culture Narrows Students' Perceptions of Post-Collegiate Career Opportunities

Today, the process of choosing a career for young adults is not a linear path, but instead a complex process influenced by a myriad of internal and external factors. At elite colleges, high prestige jobs are most appealing as students strive to occupy a position of power and resources and live up to their institution's reputation. In the current environment of high or uncertain unemployment, increased competition for jobs and increasingly rising college costs, the steps young adults take to determine goals and means can become confused. All too frequently, ambient university culture emphasizes the importance of finding a certain kind of job rather than thinking through where passions lie and which jobs might be most meaningful and well fitting over the long haul.In this study, we explore the issues of career choice among a small group of Harvard seniors,identifying the factors that have the most significant influence on the decision-making process. Specifically, we interviewed 40 Harvard seniors about their college experiences, formative influences, and decision-making processes regarding career choices. Twenty-two females and 18 males participated, coming from a range of concentrations, though the most prevalent majors were English, History, and Social Studies. Students were recruited using list serves at residential houses and the Office of Career Services. Our primary focus was to identify why and how students make decisions about the careers they pursue. We also focused on why some students seem driven to take jobs in finance and consulting, while others pursue paths of public service.Our findings suggest the presence of a "funnel effect." Though students enter college with a diverse set of interests, by senior year, most of them seem to focus on a narrow set of jobs. The culture at Harvard seems to be dominated by the pursuit of high earning, prestigious jobs, especially in the finance and consulting industries. Interestingly, there is a notable disconnect between students' proclaimed passions and interests and the jobs they pursue. According to the Office of Career Services at Harvard, only 22% of the student body accepts jobs in these industries (2011 OCS Student Report). Nonetheless, seniors feel pressured to enter into the fall recruiting cycle in order to procure a job that "lives up to their Harvard degree." Those who express interest in public service jobs appear to forge this path without the help of university structures, often networking and researching online to find out about potential opportunities. Many students feel that finding public service careers is a challenge at Harvard. Unlike the finance, consulting, technology and marketing sectors, few recruiters for public service jobs come to campus. Students appear to be "risk averse," a stance that ultimately seems to impact career choice upon graduation. Our results pinpoint factors that support and explain those students who make choices counter to the prevailing trends -- namely extracurricular activities, study abroad programs, and students' longstanding passions and beliefs

Understanding how people choose to pursue taught postgraduate study

HEFC

A qualitative study of the relationship of personality type with career management and career choice preference in a group of bioscience postgraduate students and postdoctoral researchers

This study reports on the career management and career choice preferences of a sample of bioscience postgraduate students and postdoctoral researchers according to their personality type as determined using the Myers Briggs Type Indicator (MBTI). Correlations can be found but other decision-making processes come into play and are more influential regarding career choice

Breaking Down Barriers: An Evaluation of Parent Engagement In School Closures and Co-Locations

The Department of Education's ("Department") decisions to close or co-locate schools frequently involves the loss of critical space and programs, which can have serious impacts on students' education. Historically, in making these decisions the Department has a poor track record of soliciting and incorporating parental and community input. Despite new parental engagement procedures added to the law in 2009 to facilitate greater parental consultation in major school change decisions, this year's story does not seem to be markedly different. The Department treated these hearings as procedural hurdles in order to satisfy the letter of the law, rather than an opportunity to engage in a productive dialogue about the impacts of proposed school closures and co-locations on students and what is in the best interests of affected students. By examining the New York State Education Law, Educational Impact Statements (EIS), transcripts from public hearings, and by conducting a parent survey of 873 parents at 34 schools affected by co-locations, the report concludes that the Department's parental engagement process provided insufficient information and left too many questions unanswered questions about how students and the school community will be affected by these major school decisions. The report's key finding is that the EIS -- the official document assessing the impact that a proposed change will have on school services -- does not provide adequate information for members of the school community to understand and comment about how students will be affected by these decisions. This finding is consistent with the courts' recent decision that the school closure process is flawed. Further, if not well-planned and coordinated, closures and co-locations can disrupt students' education and decrease their access to school facilities such as classrooms, gymnasiums and cafeterias

Pathways to apprenticeships and traineeships for people from culturally and linguistically diverse backgrounds

Western Australia is experiencing a substantial shortage of skilled labour. The State Government is committed to increasing participation in the workforce across the board, through schemes such as the Plans 4 Jobs, especially because of the current severe skills shortage in the economy. The State Government is also committed, through the four principles of civic values, fairness, equality, and participation enshrined in the WA Charter of Multiculturalism, to promoting the full participation of all groups in all aspects of our community – social, economic, and civil – and to removing any systemic barriers to full participation. This commitment is also embodied in the multi‐departmental Policy Framework for Substantive Equality. Aside from equity, denying equal opportunity also engenders resentment and hostility within our community, diminishes human value, and denies the state the full benefits of all its members’ talents. The cost of discrimination accrues to those who are denied opportunity and to the society which tolerates discrimination. Members of Culturally and Linguistically Diverse (CaLD) communities in this state, in particular those from new and emerging communities, do not currently participate in apprenticeships and traineeships in significant numbers; this is regrettable and it is recommended that measures be taken to remedy this. The Western Australian Department of Education and Training (DET) commissioned this report to investigate barriers to apprenticeships and traineeships confronting people from CaLD backgrounds, and to recommend strategies to improve their participation in apprenticeships and traineeships. The project was undertaken by the Australian Academy of Race Relations (AARR) at Murdoch University, for DET, during the period July – November 2005. DET has many good programmes to promote apprenticeships and traineeships, including to members of CaLD communities. However, the array and complexity of these can be daunting, resulting in a lack of awareness of all the programmes available

Policy and Practice Brief: The Transition from School to Work; The Special Education and State Vocational Rehabilitation Systems’ Obligations to Prepare Students with Disabilities for the World of Work

This brief provides an overview of the transition requirements outlined in the Individuals with Disabilities Education Act. Reviewed are concepts of free appropriate public education, least restrictive environment; individual education programs; and, due process. The brief provides an illustrated case study along with a discussion of how special education and vocational rehabilitation intersect

Professional decision-making in medicine: Development of a new measure and preliminary evidence of validity

INTRODUCTION: This study developed a new Professional Decision-Making in Medicine Measure that assesses the use of effective decision-making strategies: seek help, manage emotions, recognize consequences and rules, and test assumptions and motives. The aim was to develop a content valid measure and obtain initial evidence for construct validity so that the measure could be used in future research or educational assessment. METHODS: Clinical scenario-based items were developed based on a review of the literature and interviews with physicians. For each item, respondents are tasked with selecting two responses (out of six plausible options) that they would choose in that situation. Three of the six options reflect a decision-making strategy; these responses are scored as correct. Data were collected from a sample of 318 fourth-year medical students in the United States. They completed a 16-item version of the measure (Form A) and measures of social desirability, moral disengagement, and professionalism attitudes. Professionalism ratings from clerkships were also obtained. A sub-group (n = 63) completed a second 16-item measure (Form B) to pilot test the instrument, as two test forms are useful for pre-posttest designs. RESULTS: Scores on the new measure indicated that, on average, participants answered 75% of items correctly. Evidence for construct validity included the lack of correlation between scores on the measure and socially desirable responding, negative correlation with moral disengagement, and modest to low correlations with professionalism attitudes. A positive correlation was observed with a clerkship rating focused on professionalism in peer interactions. CONCLUSIONS: These findings demonstrate modest proficiency in the use of decision-making strategies among fourth-year medical students. Additional research using the Professional Decision-Making Measure should explore scores among physicians in various career stages, and the causes and correlates of scores. Educators could utilize the measure to assess courses that teach decision-making strategies

How do young people (in the region) form their views on future learning and career options?

The research informed the activities of the Regional Employment and Skills Partnership, and more specifically to “inform the future development of labour market intelligence (LMI) to support the provision of employment related information advice and guidance (IAG) to support young people”. This report provides the 14 – 19 Commission with a literature review which: • highlights the core principles of young people’s decision-making processes; • takes into consideration research which discusses the cognitive changes that young people undergo between the ages of 14 -19; • focuses on structural issues, which affect young peoples views on future work and learning options; • Investigates the significance of place and locale in the formation of young people’s views and decision making in a manner that is mindful of the identity of the North East region