Ethical Choices: Contested Case Procedures and Judicial Review Applicable to Politicians Versus Other Regulated Actors

The general purpose of this paper is to provide law students and young lawyers with an overview for accessing, in the context of Texas agencies, these legislatively-delegated adjudicative, or quasijudicial, powers and explain how agency contested case decisions are reviewed by the courts. This is important for lawyers to understand in representing a client, be it an individual or entity, whose interests are affected by administrative proceedings within regulatory agencies. To accomplish this goal, the paper discusses the two most common methods of judicial review and contrasts the standard proceedings for contested cases at the State Office of Administrative Hearings (SOAH) with those of the Texas Ethics Commission (TEC or “Commission”). Describing the two agencies’ governance, jurisdiction, and overall purposes will provide insight into how agencies use administrative and judicial resources while dealing with different subject matters and employing substantially different procedures for contested cases

Targeting the Texas Citizen Participation Act: The 2019 Texas Legislature\u27s Amendments to a Most Consequential Law

Few Texas laws enacted in recent decades have had a greater impact on civil litigation or been more litigated than the Texas Citizen’s Participation Act (“TCPA”) passed in 2011. Despite its stated purpose of protecting First Amendment rights, as written, the TCPA’s seemingly limitless application confounded judges and litigants alike, causing the 86th Legislature in 2019 to pass sweeping changes to that law. The Article describes the original statute’s problematic nature, the caselaw interpreting it, and the recent changes’ legislative history and substance. The authors highlight contributions of key legislators and stakeholders. The Article’s extensive treatment of changes to key definitions, such as “right of association,” “legal action,” and “matter of public concern,” demonstrates how the new law reigned in the TCPA, with the notable exception of its application to media defendants, and its far-reaching implications for advocates and their clients. The Article also addresses new exemptions added by the legislation, exemptions retained from the old law, and new procedures for resolving cases under the statute. The authors argue the Legislature’s extensive amendments bring the TCPA more into line with established First Amendment jurisprudence and traditional procedures for pre-trial case resolution and provides suggestions for practitioners to access what for many may be unfamiliar areas of the law

A study of forms of project organisation and matrix management: case studies from the construction industry

This study investigates the forms and processes of interaction that occur in the organisation and management of projects. It takes as its empirical focus of enquiry the situation in the UK construction industry; and uses, as its database, five case studies of medium to large-scale, 'one-off' construction projects. The literature on project organisation and management is reviewed, with attention directed towards the phenomenon of matrix forms of organisation and related processes of management. A critique is developed which assesses the implications of inter-organisational linkages in the coordination and control of project task work. This critique forms the basis for a model of construction organisation and management from which a series of propositions are derived for empirical investigation. Five case studies of construction projects, explored longitudinally and using qualitative research techniques, are described and analysed. The main finding to emerge from the study is that: the more there is a need for a more 'flexible' administrative arrangement and approach towards managing work that is complex, uncertain and interdependent, the less likely this is in fact to occur, to the extent that 'contractual' considerations inform the parties' approaches. This is contingent upon three sets of features: the form and basis of the relationship, and its meaning to those involved; the broader relationship between the organisations concerned (eg their goals, resources); and the internal setting within each organisational group. The implications of the findings for models of project and matrix organisation are assessed. A recommendation is made for the more explicit and separate treatment of interorganisational relationships, due to the differential motivational basis underlying interaction

A study of forms of project organisation and matrix management: case studies from the construction industry

This study investigates the forms and processes of interaction that occur in the organisation and management of projects. It takes as its empirical focus of enquiry the situation in the UK construction industry; and uses, as its database, five case studies of medium to large-scale, 'one-off' construction projects. The literature on project organisation and management is reviewed, with attention directed towards the phenomenon of matrix forms of organisation and related processes of management. A critique is developed which assesses the implications of inter-organisational linkages in the coordination and control of project task work. This critique forms the basis for a model of construction organisation and management from which a series of propositions are derived for empirical investigation. Five case studies of construction projects, explored longitudinally and using qualitative research techniques, are described and analysed. The main finding to emerge from the study is that: the more there is a need for a more 'flexible' administrative arrangement and approach towards managing work that is complex, uncertain and interdependent, the less likely this is in fact to occur, to the extent that 'contractual' considerations inform the parties' approaches. This is contingent upon three sets of features: the form and basis of the relationship, and its meaning to those involved; the broader relationship between the organisations concerned (eg their goals, resources); and the internal setting within each organisational group. The implications of the findings for models of project and matrix organisation are assessed. A recommendation is made for the more explicit and separate treatment of interorganisational relationships, due to the differential motivational basis underlying interaction

Understanding collaborative working in a facilitated interdisciplinary environment

Purpose: This paper reports on the trial of a new form of project insurance in UK construction designed to improve collaborative working among project participants by enhancing their joint responsibility for project outcomes. Its purpose is to examine the interprofessional collaborative endeavour under these new insurance arrangements, drawing on a structuration model of interdisciplinary collaboration developed in the field of healthcare studies. Design/Methodology/Approach: The research involved a longitudinal, action research approach with participant observation over the period of the trial project. A novel element included a project facilitator as part of the action research team. In addition, qualitative and quantitative data were collected using semi-structured interviews with project participants and close scrutiny of the documented project record. Findings: The study findings are in line with other social practice-based studies of collaboration in construction in which collaborators socialise the collaborative endeavour, developing their interpretation of what collaboration means and their own modus operandi. However, project structure emerges as a more important element in the collaboration process than is typically recognised in practice-based studies. More significantly, the analysis reveals that it is the interplay of structure, the socialising processes of the participants, and facilitation that helps develop interdependence among project participants and provides a basis for understanding collaboration on the trial project. Research limitations/implications: The case study project provides a unique context for the examination of collaboration under the new project insurance arrangements. But the results have implications for the study of collaboration in highlighting the important relationship between project structure, collaboration and facilitation. Practical implications: Understanding the importance of how interdependency is developed through structure, the socialising processes of collaborators, and facilitation has important implications for those concerned with designing project arrangements and managing collaborative processes. Originality/value: The trial project is the first full trial of the new project insurance arrangements in the UK, and provides a unique context for the study of collaboration. By highlighting the significance of project structure, and the interplay between structure, the collaborators’ emerging practices and facilitation, the paper departs from other work in this area to suggest fruitful avenues for further enquiry, and for practice

Managing Modern Healthcare

Managing Modern Healthcare seeks to draw a number of important and grounded lessons about how management networks develop and influence the spread of management knowledge and practice; how management training and development relates to the needs of managers facing challenging conditions; and how those conditions are shaping the nature of healthcare management

The gradual corporatization of the English NHS has created conditions which have precipitated an increasingly commercialized and entrepreneurial healthcare system

Recent healthcare reforms in England, combined with financial austerity, have accelerated both the corporatization and commercialization of the NHS. This combination has encouraged greater public sector entrepreneurialism, argue Damian E. Hodgson, Simon Bailey, Mark Exworthy, Mike Bresnen, John Hassard, and Paula Hyde. They examine the meaning and experience of corporatization in the sector, illustrating their argument with qualitative data from a specialist hospital

Knowledge exchange and social capital in supply chains

Purpose The purpose of this paper is to contribute toward a better understanding of the impact of social capital on knowledge exchange within supply chains. An exploratory case study approach is used to identify the effects of social capital across multiple organizational levels and to consider how these effects relate to the mode of supply chain governance. Design/methodology/approach A comparative case study investigation was undertaken of two Indonesian automotive component suppliers. Qualitative research methods were used with data collection involving semi-structured interviews with 64 participants at three different levels within each company (senior managers, middle managers and shop floor staff). Findings Comparisons between the cases highlight the major consequences that internal differentiation within organizations had in moderating the effect of social capital upon knowledge exchange in supply chains. Social capital had both enabling and inhibiting effects and these were dependent upon how social capital was constituted within and between organizations. Interaction effects between levels and with the mode of governance adopted were also important. Research limitations/implications Future research would benefit from a multidimensional analysis of social capital in supply chains which considers potentially disparate and contradictory effects which may be apparent when social capital is examined at different levels of analysis and in relation to different modes of governance. Originality/value The paper uses in-depth exploratory case research to complement existing survey-based work and contributes to the further conceptualization of relationships between social capital, knowledge exchange and modes of governance in supply chains