Facilitating Distinctive and Meaningful Change Within U.S. Law Schools (Part 2): Pursuing Successful Plan Implementation Through Better Resource Management

In Part 1 of this series, one of the current authors used institutional theory, behavioral economics, and psychology to explain why U.S. law schools have had difficulty evolving faster and better. The author then used institutional entrepreneurship to propose a seven-step, faculty-led, operational change process designed to overcome institutional isomorphism and to enable each law school to formulate a distinctive, meaningful, strategic plan. In Part 2, the current article addresses the typical implementation challenges to be expected within the context of existing law school governance. The article begins by discussing the Resource Based View of the firm and the role of resource management in achieving competitive advantages. These considerations lay the foundation for the critical role of faculty engagement and law school leadership in successful strategic plan implementation. Next, within this context, the article discusses four questions whose answers may foreshadow implementation problems. Lastly, the article discusses the results of several Monte Carlo Simulations. The simulations provide insight into the likely performance problems caused by faculty misaligned with, or disengaged from, their law school’s strategic goals. The results suggest that even minimal faculty misalignment can have a significant deleterious effect on the ability of a given law school to achieve any distinctive position. All told, the article concludes that U.S. law schools can successfully implement distinctive and meaningful strategic plans within existing shared governance structures. However, success will be difficult to achieve. It requires the full engagement and leadership by both the faculty and the Dean, sustained operational support for strategic change, and the active management of law school resources

The Global Employer: The Labor Relations and Collective Agreements Issue

[Excerpt] Baker & McKenzie’s Global Employment Practice Group is pleased to present its 56th issue of The Global Employer™ entitled “The Labor Relations and Collective Agreements Issue.” In this issue you will find the first report from our Future of Work Series. Labor Relations Report - Brand Attack: How to avoid becoming the target of a corporate campaign and what actions to take if you do. The Future of Work is a series of client reports based on panel discussions at our Global Employer Forum, a two-day thought leadership conference. During the forum, nearly 70 clients, academics and consultants gathered with our employment partners to discuss pressing workplace topics like talent shortages, data privacy, global mobility assignments, globalization of unions and managing the employment aspects of M&A deals. Rather than the traditional “how to” legal format of most law firm conferences, the Global Employer Forum features panel discussions of in-house counsel and senior-level executives from some of the world’s largest multinational organizations who discussed their personal experiences addressing these challenges and the solutions they have found to overcome them. Following the Labor Relations Report, you will also find information pertaining to the current state of labor relations and union negotiations in Argentina and a general overview of the current state of collective bargaining in Brazil. In Germany, we take a look at some of the numbers behind collective bargaining agreements; and a review of the impacts on labor benefits of the January 2014, Income Tax Law reform in Mexico. From Spain we bring you articles that discuss negotiating with representatives bodies in collective lay-offs and the new role of company level collective bargaining agreements; and from the US, recent efforts by the NLRB as it Targets Successor Issues in US Mergers and Acquisitions

On the determination of anti-neutrino spectra from nuclear reactors

In this paper we study the effect of, well-known, higher order corrections to the allowed beta decay spectrum on the determination of anti-neutrino spectra resulting from the decays of fission fragments. In particular, we try to estimate the associated theory errors and find that induced currents like weak magnetism may ultimately limit our ability to improve the current accuracy and under certain circumstance could even largely increase the theoretical errors. We also perform a critical evaluation of the errors associated with our method to extract the anti-neutrino spectrum using synthetic beta spectra. It turns out, that a fit using only virtual beta branches with a judicious choice of the effective nuclear charge provides results with a minimal bias. We apply this method to actual data for U235, Pu239 and Pu241 and confirm, within errors, recent results, which indicate a net 3% upward shift in energy averaged anti-neutrino fluxes. However, we also find significant shape differences which can in principle be tested by high statistics anti-neutrino data samples.Comment: 20 pages, 5 figures, 9 tables, added references, version accepted for publication in Phys. Rev. C. Corrected errors in tab. 1 and eqs. 18 and 19. Results and conclusion unchange

Establishing links between organizational climate, employee well-being and historical patient outcomes

This research undertaken in collaboration with Queensland Health analysed the links between dimensions of workplace climate/employee well-being contained in a number of Queensland Health databases, including the Patient Satisfaction Survey, the Clinical Incident database, the compliments and complaints database, the Variable Life Adjusted Display (VLAD) Database and the Better Workplaces Staff Opinion Survey database. Queensland Health sought to identify in what ways workplace climate is related to patient outcomes using existing datasets collected within the Queensland Health Centre for Healthcare Improvement. The process of establishing links involved matching aggregated data for specific facilities (where possible), or failing that, larger facilities (e.g. Hospital), or the Health Service District. Once the datasets had been matched on location or facility, correlations were calculated between the aggregated scores. The results demonstrated links between the data sets. These links showed that a better workplace climate is associated with greater reported numbers of clinical incidents, especially “no harm” clinical incidents. There was also a link between workplace climate and patient compliments/complaints which show that unsolicited compliments received from patients and their families are clearly related to a number of positive aspects of workplace climate (workplace morale, role clarity, and appraisal and recognition) and individual morale. The results linking workplace climate and patient satisfaction showed that there is a strong positive relationship between overall patient satisfaction and role clarity, and a negative relationship between overall patient satisfaction and both workplace distress and excessive work demands. While these results relate to historical data and therefore should not be construed to reflect the current state of operation within Queensland Health, they are still indicative of some very important relationships. This is the first study to demonstrate that more positive clinical management practices, better perceptions of the workplace climate and better employee well-being are a reflection of a better incident reporting and learning culture in a health care organization, ultimately resulting in improved patient outcomes

The Global Employer: The Employment Law Review and Reform Issue

[Excerpt] Although the economies of many jurisdictions are improving, there is still some lingering global economic uncertainty. It is no surprise that governments the world over continue to revisit their employment laws to see what else, if anything, can be done to further stimulate their economies. 2013 was another busy year for employment law reform. Baker & McKenzie’s Global Employment Practice Group is pleased to present its 55th issue of The Global Employer™ entitled “The Employment Law Review and Reform Issue.” In this issue, we review changes to the law in 2013 and a look at pending changes for 2014. Included, you will find information pertaining to the leasing of employees in Germany; new measures in Spain intended to promote employment among young people under 30 and employee privacy rights over employers\u27 controls; challenges to the applicable interest rate to worker\u27s claims in Argentina; how employment law reforms will significantly impact employers in Mexico and in some specific cases, may considerably elevate increase the cost of formal employment; and controversy around making the Colombian Social Security System more progressive. We also review several significant legal developments in China during 2013 that impact employers operating there; legislative changes that were expected in Hong Kong in 2013 that may be implemented in 2014 including a focus on discrimination in the coming years; and welcome changes to TUPE and automatic pension plan enrollment in the United Kingdom

Martingale optimal transport duality

We obtain a dual representation of the Kantorovich functional defined for functions on the Skorokhod space using quotient sets. Our representation takes the form of a Choquet capacity generated by martingale measures satisfying additional constraints to ensure compatibility with the quotient sets. These sets contain stochastic integrals defined pathwise and two such definitions starting with simple integrands are given. Another important ingredient of our analysis is a regularized version of Jakubowski's $S$-topology on the Skorokhod space.Comment: 29 page

Efficacy and Safety of Pediatric Critical Care Physician Telemedicine Involvement in Rapid Response Team and Code Response in a Satellite Facility

OBJECTIVES: Satellite inpatient facilities of larger children's hospitals often do not have on-site intensivist support. In-house rapid response teams and code teams may be difficult to operationalize in such facilities. We developed a system using telemedicine to provide pediatric intensivist involvement in rapid response team and code teams at the satellite facility of our children's hospital. Herein, we compare this model with our in-person model at our main campus. DESIGN: Cross-sectional. SETTING: A tertiary pediatric center and its satellite facility. PATIENTS: Patients admitted to the satellite facility. INTERVENTIONS: Implementation of a rapid response team and code team model at a satellite facility using telemedicine to provide intensivist support. MEASUREMENTS AND MAIN RESULTS: We evaluated the success of the telemedicine model through three a priori outcomes: 1) reliability: involvement of intensivist on telemedicine rapid response teams and codes, 2) efficiency: time from rapid response team and code call until intensivist response, and 3) outcomes: disposition of telemedicine rapid response team or code calls. We compared each metric from our telemedicine model with our established main campus model. MAIN RESULTS: Critical care was involved in satellite campus rapid response team activations reliably (94.6% of the time). The process was efficient (median response time 7 min; mean 8.44 min) and effective (54.5 % patients transferred to PICU, similar to the 45-55% monthly rate at main campus). For code activations, the critical care telemedicine response rate was 100% (6/6), with a fast response time (median 1.5 min). We found no additional risk to patients, with no patients transferred from the satellite campus requiring a rapid escalation of care defined as initiation of vasoactive support, greater than 60 mL/kg in fluid resuscitation, or endotracheal intubation. CONCLUSIONS: Telemedicine can provide reliable, timely, and effective critical care involvement in rapid response team and Code Teams at satellite facilities