Dual Commitment Research Articles

IP Foreclosure & Antitrust Foreclosure

Professor Christina Bohannan’s IP Misuse as Foreclosure enlightens the debate over the patent misuse doctrine’s role in regulating intellectual property owners’ ever-expanding claims. Presently, courts scrutinize licensing restrictions under the antitrust laws only after determining that the IP holder has exceeded what the Federal Circuit has called the “exclusionary zone” of the IP right. Professor Bohannan wisely rejects this question-begging inquiry, explaining that “[e]very licensing agreement contains terms that are not express in the [IP] grant, and the beyond-the-scope test does not provide a meaningful way to determine which of these terms lies ‘within the scope’” To bring coherence to this area, Professor Bohannan would eschew the existing two-step test in favor of an exclusive focus on “the core IP values of promoting innovation and protecting access to the public domain.” Commenting on her piece, Professor Thomas Cotter points out that antitrust law and IP policy cannot be distinguished so easily. IP holders simultaneously possess both (1) a property right to foreclose competition; and (2) a privilege to compete in an open market. As Professor Cotter recognizes, antitrust law, no less than IP policy, seeks to mediate these rights and privileges. He suggests broadening antitrust doctrine, if necessary, rather than using IP policy to condemn licensing restrictions as misuse that antitrust doctrine would otherwise permit. The misuse problem, however, is more fundamental than either Professors Bohannan or Cotter suggest. IP policy and antitrust law seek precisely the same objectives — an optimal melding of a property-rights regime that insulates owners from competition, and a competitive regime in which everything that might constitute property is up for grabs. A coherent solution will not come from tweaking either IP or antitrust. Both already serve as syntheses of society’s dual commitment to property rights and competitive markets. Instead, the law must step back and focus directly on how one structures a legal regime that commits itself to these conflicting goals.Part I summarizes existing law and Professor Bohannan’s proposal. Part II explains that since IP policy and antitrust doctrine share common goals, her approach essentially replicates what modern courts do in misuse cases. Part III suggests a potentially more fruitful path.

Regulation of cooperative function of the Il12b enhancer and promoter by the interferon regulatory factors 3 and 5

The regulation of the Il12b gene, encoding the shared p40 subcomponent for IL-12 and IL-23, is critical for innate immune responses and subsequent T cell polarization. This gene is robustly induced upon Toll-like receptor (TLR) stimulation, wherein an enhancer located 10kb upstream of the transcription start site is required for promoter activity; however, the underlying mechanisms that regulate this enhancer in cooperation with the promoter has remained elusive. We show here that the Il12b enhancer contains functional ISREs for recognition by interferon regulatory factors (IRFs), and provide evidence that TLR-activated IRF5 mediates cooperativity of the enhancer with the promoter which also contains ISREs. By contrast, IRF3 activated by cytosolic RIG-I-like receptor (RLR) signaling binds to these ISREs and causes gene suppression. Consistently, IRF5 binding is accompanied with chromatin remodeling of both regulatory regions and the formation of a productive transcriptional complex containing other transcription factors, whereas these events are inhibited by IRF3 binding. We show that the ISREs embedded in the enhancer are indeed critical for its activation by IRF5. We also adduce evidence that the 5' sequences of the enhancer and promoter ISREs, all of which deviate from consensus ISREs, critically affect the function of IRF3. The dual commitment of these IRFs in the regulation of the Il12b enhancer and promoter is unique and may have implications for understanding the evolution of this gene.

지각된 조직지원과 상사지원이 이중몰입에 미치는 영향에서 조직동일시의 매개효과 -항공사 종사원을 대상으로-

본 연구는 인적의존도가 높은 항공 산업에서의 조직적 지원 및 상사의 지원이 항공사 종사원의 조직과 경력에 대한 이중몰입에 유의한 영향을 미치는지와 조직동일시와의 매개관계를 살펴보고자 한다. 분석결과, 지각된 조직지원은 조직과 경력에 대한 이중몰입에 유의한 영향을 미쳤으며 상사지원은 조직몰입에만 유의한 영향을 미치는 것으로 나타났다. 또한 지각된 조직지원과 상사지원에 대해 조직동일시는 항공사종사원의 이중몰입에 부분매개효과가 있는 것으로 나타났다. 이러한 분석결과를 바탕으로 항공사 경영자에게 효율적이고 능률적인 인적자원 관리방안을 수립하는데 있어서 유용한 정보를 제공하는데 그 목적이 있다. The purpose of this study is to investigate mediatiing effects of perceived organization support and supervisor support that impact on dual commitment. Data were gathered from 188 employees who were working in Airlines. In the result of the hypothesis verification, First, perceived organization support and supervisor support have positive effects on dual commitment. Second, organiational identification turns out to have the mediating role in the relationship between perceived organization support and supervisor support and dual commitment. Finally, implication of results and future tasks were discussed with limitations.

Religious Establishment, Pluralism and Equality in Israel--Can the Circle be Squared?

Israel’s constitutional structure purports to combine strong establishment of the Orthodox Jewish religion in the state with respect for liberal values such as pluralism equality and liberty. Whereas the establishment of the Orthodox Jewish religion is achieved through laws regulations and administrative power, liberal values that are only partially enshrined in law, are mostly defended and articulated by the Israeli Supreme Court. Focusing on the internal conflicts within the Jewish majority the article will show how the power granted to the Orthodox Jewish religion by the state has been used to circumvent liberal values and will examine the role of the Israeli Supreme Court in ameliorating this problem. It will argue that although in countries in which religion and the state are separated a ‘hands-off’ approach to pluralism may be sufficient to protect liberal values, in a country such as Israel with a strong religious establishment a more activist approach, which will be termed ‘egalitarian pluralism’ is required. The article will argue that an egalitarian pluralist approach is needed in order to maintain Israel’s dual commitment to its nature as a ‘Jewish and Democratic’ state and will assess and critique the partial implementation of this approach by the Israeli Supreme Court.

HR attributions and the dual commitment of outsourced IT workers

PurposeOutsourced information technology (IT) workers establish two different employment relationships: one with the outsourcing company that hires them and another with the client organization where they work daily. The attitudes that an employee has towards both organisations may be influenced by the interpretations or attributions that employees make about the reasons behind the human resource (HR) management practices implemented by the outsourcing company. This paper aims to propose that commitment‐focused HR attributions are positively and control‐focused HR attributions are negatively related to the affective commitment to the client organization, through the affective commitment to the outsourcing company.Design/methodology/approachThese hypotheses were tested with a sample of 158 highly skilled outsourced employees from the IT sector. Data were analyzed with structural equation modeling (SEM).FindingsThe paper's hypotheses were supported. It can conclude that, if an employee interprets the HR practices as part of a commitment‐focused strategy of the outsourcing company, it has clear attitudinal benefits. The study found that the relationship between HR attributions and the commitment to the client organization is mediated by the commitment to the outsourcing company.Practical implicationsThese findings hint at the critical role of outsourcing companies in managing the careers of these highly marketable employees.Originality/valueThis paper is the first to apply the concept of HR attributions to contingent employment literature in general and to outsourced IT workers in particular.

Jazz, Black Transnationalism, and the Political Aesthetics of Langston Hughes’s Ask Your Mama

Lowney’s essay examines how Langston Hughes’s cultural work in the 1950s and early 1960s illustrates the challenge of developing a progressive black transnationalist literary culture. It concentrates especially on Hughes’s longest and most ambitious poem, Ask Your Mama: 12 Moods for Jazz (1961), which renders his dual commitment to a black transnationalist public and an innovative African diaspora jazz poetics. Ask Your Mama features the interaction of African cultures in the Americas and Africa, with its evocation of Afro-Caribbean as well as African American music and its movement among different sites of black revolutionary struggle. In this context, jazz plays an explicitly political role in expressing the revolutionary desire for black liberation in the United States, Africa, and the Caribbean. This is most evident in the opening mood of Ask Your Mama, “Cultural Exchange,” which introduces the black transnationalist network of musical forms, proper names, and social locations that reverberate throughout the poem. Lowney’s essay discusses the implications of Hughes’s ironic allusion to the “cultural exchange” of African American “jazz ambassadors,” who were funded by the US State Department to perform in Africa in the 1950s. In doing so, it draws from recent research in jazz studies by Penny Von Eschen and Ingrid Monson to underscore the historical complexity and political incisiveness of Hughes’s enactment of a black transnationalist public in the poem.

HR Attributions and the Dual Commitment of Temporary Agency Workers and Outsourced Workers

Temporary agency workers and outsourced workers establish two simultaneous employment relationships: one with their contractor and another with the client organization where they are placed. However, these two types of contingent employees are placed at the client under very different contractual arrangements and they are managed differently. Furthermore, we expect that due to the different contractual arrangements, employees’ HR attributions may be different. We hypothesize that the different management practices and the different HR attributions translate into distinct mechanisms underlying their dual employment relationships. We explore the construct of HR attributions (Nishii, Lepak & Schneider, 2008) for the first time in relation to low-skilled contingent employment. We focus on its relationships with affective organizational commitment to the contractor and to the client, as well as self-rated performance. Survey data from 365 manufacturing workers was analyzed through multiple group analysis showing clear differences between the outsourced and the temporary agency workers. For outsourced workers, affective commitment to the contractor mediated the positive relationship between commitment-focused HR attributions and performance. For temporary agency workers, affective commitment to the client mediated this relationship. Furthermore, for both groups, affective commitment to the contractor positively related to affective commitment to the client. Research and practical implications of these findings are discussed.

Comparing operationalizations of dual commitment and their relationships with turnover intentions

This study evaluates the meaning behind the different approaches to measuring dual commitment in a sample of 2568 unionized South Korean electronics employees. Results show that individuals can be simultaneously committed to both the union and the organization. We then examine the utility of dual commitment by examining its prediction of intention to stay. Analysis of variance provides support that individuals who are dually committed have significantly higher intentions to stay within the organization than those who are uncommitted or unilaterally committed. A new direction to reinvigorate the future of dual commitment research is offered.

평행모델을 이용한 조직구조화 변인의 사회복지 조직과 경력에 대한 이중몰입 효과

전문직인 사회복지사가 현재 근무하는 기관에 대한 조직몰입과 사회복지전문직에 대한 경력몰입에 대해 동시에 이중몰입할 경우 업무수행 성과가 우수하며 조직 전체의 효과성에 대한 기여도 역시 높다. 본 연구는 이러한 관점에서 복잡성, 공식화, 분권화로 대표되는 사회복지 조직구조화 변인이 사회복지사의 조직과 경력에 대한 이중몰입에 미치는 영향을 평행모델을 적용하여 분석함으로써 효과적인 조직구조 설계를 위한 목적으로 수행되었다. 연구결과 조직몰입과 경력몰입 사이에는 높은 상관관계가 있으며, 특히 조직구조화 변인 중 복잡성과 분권화는 조직몰입과 경력몰입에 동시에 영향을 미치는 이중몰입 관계가 성립되는 것으로 나타났다. 따라서 조직과 경력에 대한 몰입수준을 동시에 향상시키기 위해서는 분업화의 원리에 따른 과업 세분화와 일선 사회복지사에게 전문적 재량권이 존중되는 조직구조의 설계가 필요하다 할 것이다. Prior research has shown empirically that organizational and career commitment may also be highly compatible with each other. The purpose of this study is to examine the effects of social welfare's organizational structure variable on the dual commitment to the organization and career. Dual commitment is analyzed by using multiple regression analysis of parallel model. For the research, organizational structure was consisted of complexity, formalization and decentralization. The results showed that social worker have high correlation to organizational commitment and career commitment. Especially, decentralization and complexity have a positive effects on the dual commitment to organizational and career commitment. This study finally discusses theoretical implications for future study and practical implications for structure design strategies on the results.

Second-Class Citizen? Contract Workerss Perceived Status, Dual Commitment, and Intent to Quit

Second-Class Citizen? Contract Workerss Perceived Status, Dual Commitment, and Intent to Quit

Second-class citizen? Contract workers' perceived status, dual commitment and intent to quit

Outsourcing of jobs to contract workers who work alongside a client's employees has changed the human resource landscape of many organizations. In this study we examine how a contract worker's perceived employment status similarity to the client's own standard employees influences his/her affective commitment to both the client and the employer and ultimately intent to quit the employer. Using a sample of 623 contract workers, we found strong support for our hypotheses. In particular, findings indicate an important role for perceived employment status at the client organization in driving contract worker's attitudes and that contract workers consider both the client and the employer when making decisions to leave the employer. Implications for managing contractor relationships are discussed.

Reconciling MacCormick: Constitutional Pluralism and the Unity of Practical Reason

AbstractThis article begins by assessing the ways in which the life and work of Neil MacCormick exemplified a dual commitment to the local and particular—especially through his advocacy of nationalism—and to the international and the universal. It then concentrates on one of the key tensions in his work which reflected that duality, namely the tension between his longstanding endorsement of constitutional pluralism—and so of the separate integrity of different “local” constitutional orders—and his belief in some kind of unity, and so community, residing in the moral and rational properties of all law. The article continues by considering a number of ways in which this tension may be resolved. It concludes, with particular reference to MacCormick's late work on ethics, that the answer may be found through the idea of a general unity of practical reason which undergirds the various special orders of practical reason by which particular legal systems are distinguished.

An Empirical Study of Conflict and Conflict Management on the Dual Commitment in Information System Development Organizations

An Empirical Study of Conflict and Conflict Management on the Dual Commitment in Information System Development Organizations

Should surfers be ostracized? Basic income, liberal neutrality, and the work ethos

Neutralists have argued that there is something illiberal about linking access to gift-like resources to work requirements. The central liberal motivation for basic income is to provide greater freedom to choose between different ways of life, including options attaching great importance to non-market activities and disposable time. As argued by Philippe Van Parijs, even those spending their days surfing should be fed. This article examines Van Parijs' dual commitment to a ‘real libertarian’ justification of basic income and the public enforcement of a strong work ethos, which serves to boost the volume of work at a given rate of taxation. It is argued (contra Van Parijs) that this alliance faces the neutrality objection: the work ethos will largely offset the liberal gains of unconditionality by radically restricting the set of permissible options available. A relaxed, non-obligatory ethos might avoid this implication. This view, however, is vulnerable to the structural exploitation objection: feasibility is achieved only because some choose to do necessary tasks to which most people have the same aversion. In light of these objections, the article examines whether there is a morally untainted feasibility path consistent with liberal objectives.

Critical Race Theory and the Transfer Function: Introducing a Transfer Receptive Culture

In California, the majority of students of color who enter postsecondary education do so in the community colleges. However large numbers of them leave and do not transfer to four-year institutions; in particular to highly selective public four-year colleges and universities. By using the theoretical perspective of critical race theory, transfer can be seen as a dual commitment between both the sending and receiving institution as we put forth the conceptual framework of a “transfer receptive culture.” We define a transfer receptive culture as an institutional commitment by a four-year college or university to provide the support needed for students to transfer successfully—that is, to navigate the community college, take the appropriate coursework, apply, enroll, and successfully earn a baccalaureate degree in a timely manner. We outline five elements, informed by critical race theory, that are necessary to establish a transfer receptive culture and outline specific strategies within each element that practioners can employ on their home campuses.

Non-regular professionals' dual commitment in South Korea: antecedents and consequences

There is a growing concern with whether nonregular professionals are concurrently committed to both the organization and their profession and whether such commitments are beneficial to that organization. This article seeks to investigate the relationship between organizational justice variables and the dual commitment of nonregular professionals via perceived organizational support (POS) and the subsequent effect of the dual commitment on organizational citizen behavior. Hypotheses are developed and then tested through structural equation modeling with data collected from a total of 1143 part-time instructors at South Korean universities. The findings of this study reveal that the perceptions held by nonregular professionals of organizational justice constructs concurrently influence organizational commitment and professional commitment via POS and that both commitments are positively associated with altruistic behavior. The findings advance our understanding of the dual commitment of nonregular professionals and provide universities with managerial implications as to how to manage effectively part-time instructors. Limitations, directions for future research, and conclusions are presented.

The Relation between Care Workers' Dual Commitment and Service Quality : A Comparison According to type of Ability at Day-Service Centers for the Elderly

The Relation between Care Workers' Dual Commitment and Service Quality : A Comparison According to type of Ability at Day-Service Centers for the Elderly

Forced Entry: My Father’s Education into Politics

I will offer a personal reflection on my father’s experiences and history of politicization that examines his dual commitment to education and to Palestine. Based on interviews he gave to Hisham Ahmad Fararjeh and others, the insights of his friends and colleagues, and what I witnessed when I and my siblings came to Ramallah in the spring of 2001 to be with him as he was dying, I try to convey some of what returning to live in Palestine after 40 years in exile, and what teaching at Birzeit University, meant to him and to those around him.

Dual commitment in the Australian construction industry

The rapid growth in the size and nature of ‘non-standard’ work arrangements (such as co-employment) has raised questions about their effect on the commitment and loyalty of the workers concerned. While maintaining and encouraging employee commitment is a core human resource management function in standard work arrangements, there is far less guidance available for equivalent practice within a non-standard context. Additionally, it remains unclear as to whether organisational behaviour theories used to explain commitment in the standard work context are generalisable to less traditional work settings. The study described here measured the commitment and perceived support (organisational and social) of labour-hire workers in the Australian construction industry to their employing agency and their current host firm. Also investigated was the relationship between these forms of support and affective commitment to both entities. The results indicate that the workers were committed to both entities although their commitment to and their perceptions of organisational and social support from the employing agency was higher. Further, we found a positive association between employing agency affective commitment and both forms of perceived support and a positive association between host affective commitment and perceived host organisational support. These results affirm the existence of dual commitment and highlight the role that positive perceptions of support play in engendering this commitment. While the findings indicate that conventional organisational theories are relevant to human resource management practices in coemployment relationships, it is suggested that such practices must account for the great diversity of contexts, employees and employment arrangements that characterise these relationships.

골프지도자들의 이중몰입과 직무만족 및 직무성과의 관계

골프지도자들의 이중몰입과 직무만족 및 직무성과의 관계