Supply Chains and Porous Boundaries: The Disaggregation of Legal Services

The economic downturn has had significant effects on law firms, and is causing many of them to rethink some basic assumptions about how they operate. In important respects, however, the downturn has simply intensified the effects of some deeper trends that preceded it, which are likely to continue after any recovery that may occur. This paper explores one of these trends, which is corporate client insistence that law firms “disaggregate” their services into discrete tasks that can be delegated to the least costly providers who can perform them. With advances in communications technology, there is increasing likelihood that some of these persons may be located outside the formal boundaries of the firm. This means that law firms may need increasingly to confront the make or buy decision that their corporate clients have regularly confronted for some time. The potential for vertical disintegration is a relatively recent development for legal services, but is well-established in other sectors of the global economy. Empirical work in several disciplines has identified a number of issues that arise for organizations as the make or buy decision becomes a potentially more salient feature of their operations. Much of this work has focused in particular on the implications of relying on outsourcing as an integral part of the production process. This paper discusses research on: (1) the challenges of ensuring that work performed outside the firm is fully integrated into the production process; (2) coordinating projects for which networks of organizations are responsible; (3) managing the transfer of knowledge inside and outside of firms that are participants in a supply chain; and (4) addressing the impact of using contingent workers on an organization’s workforce, structure, and culture. A review of this research suggests considerations that law firms will need to assess if they begin significantly to extend the process of providing services beyond their formal boundaries. Discussing the research also is intended to introduce concepts that may become increasingly relevant to law firms, but which currently are not commonly used to analyze their operations. Considering how these concepts are applicable to law firms may prompt us to rethink how to conceptualize these firms and what they do. This paper therefore is a preliminary attempt to explore: (1) the extent to which law firms may come to resemble the vertically disintegrated organizations that populate many other economic sectors and (2) the potential implications of this trend for the provision of legal services,the trajectory of legal careers, and lawyers’ sense of themselves as members of a distinct profession

Century Services Year I Evaluation Report on the Social Business Enterprise Model

The Mid-America Institute on Poverty is conducting a three year (12/30/1999 - 12/30/2002) evaluation of Century Services employment activities and social business enterprise model. The goals of the evaluation are to provide: a clear understanding of the social business enterprise partnership model, real time information on the enterprise's impact on employees so that management may make adjustments in implementation as necessary, and outcomes-based understanding of the Century Services model as an intervention designed to improve the attitude of employees toward work, help employees develop work skills, and increase the labor force attachment of hard to employ persons

A study of EU data protection regulation and appropriate security for digital services and platforms

A law often has more than one purpose, more than one intention, and more than one interpretation. A meticulously formulated and context agnostic law text will still, when faced with a field propelled by intense innovation, eventually become obsolete. The European Data Protection Directive is a good example of such legislation. It may be argued that the technological modifications brought on by the EU General Data Protection Regulation (GDPR) are nominal in comparison to the previous Directive, but from a business perspective the changes are significant and important. The Directive’s lack of direct economic incentive for companies to protect personal data has changed with the Regulation, as companies may now have to pay severe fines for violating the legislation. The objective of the thesis is to establish the notion of trust as a key design goal for information systems handling personal data. This includes interpreting the EU legislation on data protection and using the interpretation as a foundation for further investigation. This interpretation is connected to the areas of analytics, security, and privacy concerns for intelligent service development. Finally, the centralised platform business model and its challenges is examined, and three main resolution themes for regulating platform privacy are proposed. The aims of the proposed resolutions are to create a more trustful relationship between providers and data subjects, while also improving the conditions for competition and thus providing data subjects with service alternatives. The thesis contributes new insights into the evolving privacy practices in the digital society at an important time of transition from the service driven business models to the platform business models. Firstly, privacy-related regulation and state of the art analytics development are examined to understand their implications for intelligent services that are based on automated processing and profiling. The ability to choose between providers of intelligent services is identified as the core challenge. Secondly, the thesis examines what is meant by appropriate security for systems that handle personal data, something the GDPR requires that organisations use without however specifying what can be considered appropriate. We propose a method for active network security in web software that is developed through the use of analytics for detection and by inserting data generators into a software installation. The active network security method is proposed as a framework for achieving compliance with the GDPR requirements for services and platforms to use appropriate security. Thirdly, the platform business model is considered from the privacy point of view and the implication of “processing silos” for intelligent services. The centralised platform model is considered problematic from both the data subject and from the competition standpoint. A resolution is offered for enabling user-initiated open data flow to counter the centralised “processing silos”, and thereby to facilitate the introduction of decentralised platforms. The thesis provides an interdisciplinary analysis considering the legal study (lex lata) and additionally the resolution (lex ferenda) is defined through argumentativist legal dogmatics and (de lege ferenda) of how the legal framework ought to be adapted to fit the described environment. User-friendly Legal Science is applied as a theory framework to provide a holistic approach to answering the research questions. The User-friendly Legal Science theory has its roots in design science and offers a way towards achieving interdisciplinary research in the fields of information systems and legal science

Agricultural extension - generic challenges and the ingredients for solutions

Is agricultural extension in developing countries up to the task of providing the information, ideas, and organization needed to meet food needs? What role should governments play in implementing or facilitating extension services? Roughly 80 percent of the world's extension is publicly funded and delivered by civil servants, providing a range of services to the farming population, commercial producers, and disadvantaged target groups. Budgetary constraints and concerns about performance create pressure to show the payoff on investment in extension and to explore alternatives to publicly providing it. The authors analyze the challenges facing policymakers who must decide what role governments should play in implementing or facilitating extension services. Focusing on developing country experience, they identify generic challenges that make it difficult to organize extension: a) The magnitude of the task. b) Dependence on wider policy and other agency functions. c) Problems in identifying the cause and effect needed to enable accountability and to get political support and funding. d) Liability for public service functions beyond the transfer of agricultural knowledge and information. e) Fiscal sustainability. f) Inadequate interaction with knowledge generators. The authors show how various extension approaches were developed in attempts to overcome the challenges of extension: 1) Improving extension management. 2) Decentralizing. 3) Focusing on single commodities. 4) Providing free-for-service public extension services. 5) Establishing institutional pluralism. 6) Empowering people by using participatory approaches. 7) Using appropriate media. Each of the approaches has weaknesses and strengths, and in their analysis the authors identify the ingredients that show promise. Rural people know when something is relevant and effective. The aspects of agricultural extension services that tend to be inherently low cost and build reciprocal, mutually trusting relationships are those most likely to produce commitment, accountability, political support, fiscal sustainability, and the kinds of effective interaction that generate knowledge.ICT Policy and Strategies,Decentralization,Enterprise Development&Reform,Agricultural Knowledge&Information Systems,Agricultural Research,Environmental Economics&Policies,Health Monitoring&Evaluation,Agricultural Knowledge&Information Systems,ICT Policy and Strategies,Agricultural Research

State Capacity and Non-state Service Provision in Fragile and Conflict-affected States

How can governments effectively engage with non-state providers (NSPs) of basic services where capacity is weak? This paper examines whether and how fragile and conflict affected states can co-ordinate, finance, and set and apply standards for the provision of basic services by NSPs. It explores ways of incrementally engaging the state, beginning with activities that are least likely to do harm to non-state provision. Through the ‘indirect’ roles of setting the policy environment and engaging in policy dialogue, regulating and facilitating, contracting, and entering into mutual and informal agreements with NSPs, the state can in principle assume responsibility for the provision of basic services without necessarily being involved in direct provision. But government capacity to perform these roles is constrained by the state’s weak legitimacy, coverage and competence, lack of basic information about the non-state sector, and lack of basic organisational capacity to form and maintain relationships with NSPs. The experience of the exercise of the indirect roles in fragile settings suggests: * Governments may be more willing to engage with NSPs where there is recognition that government cannot alone deliver all services, where public and private services are not in competition, and where there is evidence that successful collaboration is possible (demonstrated through small-scale pilots). * The extent to which engagements are ‘pro-service’may be influenced by government motives for engagement and the extent to which the providers that are most important to poor people are engaged. * Formal policy dialogue between government and NSPs may be imperfect, unrepresentative and at times unhelpful in fragile settings. Informal dialogue - at the operational level - could more likely be where synergies can be found. * Regulation is more likely to be ‘pro-service’ where it offers incentives for compliance, and where it focuses on standards in terms of outputs and outcomes rather than inputs and entry controls. * Wide scale, performance-based contracting has been successful in delivering services in some cases, but the sustainability of this approach is often questioned. Some successful contractual agreements have a strong informal, relational element and grow out of earlier informal connections. * Informal and mutual agreements can avoid the capacity problems and tensions implicit in formal contracting but may present problems of non-transparency and exclusion of competition. Paradoxically, the need for large-scale approaches and quick co-ordination of services in fragile and conflict-affected settings may require ‘prematurely high’ levels of state-NSP engagement, before the development of the underlying institutional structures that would support them. When considering strategies to support the capacity of government to engagement with NSPs, donors should: * Recognise non-state service provision and adopt the ‘do no harm’ principle: It would be wrong to set the ambition of 'managing ‘ non-state provision in its entirety, and it can be very harmful for low-capacity states to seek to regulate all NSP or to draw it into clumsy contracts. * Beware of generalisation: Non-state provision takes many forms in response to different histories and to political and economic change. The possibilities and case for state engagement have to be assessed not assumed. The particular identities of NGOs and enterprises should be considered. * Recognise that state building can occur through any of the types of engagement with NSPs: Types of engagement should therefore be selected on the basis of their likely effectiveness in improving service delivery. * Begin with less risky/small scale forms of engagement where possible: State interventions that imply a direct controlling role for the state and which impose obligations on NSPs (i.e. contracting and regulation) require greater capacity (on both sides) and present greater risk of harm if performed badly than the roles of policy dialogue and entering into mutual agreements. * Adopt mixed approaches: The choice between forms of engagement does not have to be absolute. Rather than adopting a uniform plan of engagement in a particular country, it may be better to try different approaches in different regions or sectors

Moment of Truth: The Special Relationship of the Federal Government to Alaska Natives and Their Tribes — Update and Issue Analysis

Beyond considering the present state of the statutory relationship between the federal government and Alaska Natives, this analysis focuses on the power of Congress and the Executive Branch to change the relationship. Absent congressional acts which mandate some level of federal responsibility to Natives, the Executive Branch possesses an independent power over Native affairs which can be exercised to expand, reduce, or deny a special relationship as an enforceable federal obligation. Includes an appendix by Stephen Haycox, "Historical Aspects of the Federal Obligation to Alaska Natives."Report prepared pursuant to a planning grant from Rural Alaska Community Action Program, Inc., to Alaska Federation of Natives.Prologue / I. The Current Trust Relationship / II. ANCSA: Its Role in an Age of Self-Determination / III. The Threat of Termination / IV. Conclusion / Footnotes / Appendix I: "Historical Aspects of the Federal Obligation to Alaska Natives" by Stephen Hayco

Bounded Rationality in the Economics of Organization Present Use and (Some) Future Possibilities

The way in which bounded rationality enters contemporary organizational economics theorizing is examined. It is argued that, as it is being used, bounded rationality is neither necessary nor sufficient for producing the results of organizational economics. It is at best a rhetorical device, used for the purpose of loosely explaining incomplete contracts. However, it is possible to incorporate much richer notions of bounded rationality, founded on research in cognitive psychology, and to illuminate the study of economic organization by means of such notions. A number of examples are provided.Varieties of bounded rationality, incomplete contracts, economic organization, cognitive psychology