How to Stop Harassment: Professional Construction of Legal Compliance in Organizations

Dobbin, Frank; Kelly, Erin

doi:10.1086/508788

Cited by 223 publications

(198 citation statements)

References 42 publications

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“…All too often, this literature conceptualizes the legal environment as rigid and inflexible, particularly in comparison to the informal norms of the public commons. This is contrary to the insights from the sociology of law, which, while not focused on IP law, argues that individuals, communities and particularly firms are "immersed in a sea of law" (Dobbin & Kelly, 2007;Edelman, 1992;Kelly & Dobbin, 1999) and have many opportunities to influence their legal context. This perspective suggests that just as scholars now examine how contributors to the public commons constitute informal norms (Fauchart & von Hippel, 2008;Oliar & Sprigman, 2008), we should also examine how firms (and other actors) construct the norms and practices of the private property sphere using the rich theoretic lenses of the law and society tradition.…”

Section: Future Research Agendamentioning

confidence: 76%

Does Patent Strategy Shape the Long-Run Supply of Public Knowledge? Evidence from Human Genetics

Huang

Murray

2009

AMJ

129

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We thank special issue coeditor Siobhán O'Mahony and three anonymous AMJ reviewers for their insightful comments and suggestions. We benefited from the constructive feedback of Tom Allen, Phil Anderson, Arnie Barnett, Paul David, David Gabel, Rebecca Henderson, Jane Lu, Jasjit Singh, Paula Stephan, and Scott Stern. Additional feedback was received from participants in the Academy of Management Meeting, INFORMS annual meeting, 25 th DRUID Conference, REER organized by Georgia Institute of Technology, MIT Sloan Research Seminar, and Singapore Strategy Seminar. We also thank Kyle Jensen and Carrie Lee for their excellent assistance throughout the project. We are grateful for the financial support provided by a Merck-MIT fellowship. Errors remain our own. 2 DOES PATENT STRATEGY SHAPE THE LONG-RUN SUPPLY OF PUBLIC KNOWLEDGE? EVIDENCE FROM HUMAN GENETICS ABSTRACTKnowledge-based firms seeking competitive advantage often draw on the public knowledge stream -ideas embedded in public commons institutions -as the foundation for private knowledge -ideas firms protect through private intellectual property (IP) institutions. What are the implications of such strategies for long-run public knowledge production? We examine this question in human genetics, where policymakers debate this issue following dramatic expansion of IP ownership over the human genome. We show that gene patent grant decreases the long-run production of public genetic knowledge, with broader patent scope, private-sector ownership, complexity of the patent landscape, and the gene's commercial relevance exacerbating the effect.

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Section: Future Research Agendamentioning

confidence: 76%

Does Patent Strategy Shape the Long-Run Supply of Public Knowledge? Evidence from Human Genetics

Huang

Murray

2009

AMJ

129

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“…Middle managers who are sympathetic to a reform, such as personnel officers, often become internal advocates for the implementation of new compliance programs (e.g., Kelly 2003;Bendersky 2007;Dobbin and Kelly 2007). These middle-manager reformers assist in the elaboration and enforcement of employee rights both because they are committed to these ideals and because they seek to increase their power within their organizations (Edelman 1990;Dobbin et al 1993;Heimer and Stevens 1997).…”

Section: Institutional Change In Response To Regulation In the Literamentioning

confidence: 99%

Operating Room: Relational Spaces and Microinstitutional Change in Surgery

Kellogg

2009

American Journal of Sociology

447

469

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“…To implement reform, public officials and organizational executives must settle these jurisdictional battles (Dobbin and Kelly 2007;Starr 1982;Timmermans 2005).…”

mentioning

confidence: 99%

Brokerage Professions and Implementing Reform in an Age of Experts

Kellogg¹

2014

Am Sociol Rev

159

129

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In this comparative ethnographic case study of the implementation of a reform related to the Affordable Care Act in two community health centers, I find that professionals may not compete to claim new tasks (and thereby not implement reform) if these tasks require them to acquire information unrelated to their professional expertise, use work practices that conflict with their professional identity, or do impure or low-value tasks that threaten their professional interests. In such cases, reform may be implemented if lower-status workers fill in the gaps in the division of labor between the professions targeted by the reform, playing a brokerage role by protecting each profession's information, meanings, and tasks in everyday work. When the new tasks represent professionally ill-defined problems, brokers can be more effective if they use buffering practices rather than connecting practices-managing information rather than transferring it, matching meanings rather than translating them, and maintaining interests rather than transforming them-to accomplish reform. By playing a buffering role in the interstices between existing professional jurisdictions, lower-status workers can carve out their own jurisdiction, becoming a brokerage profession between existing professions that need to collaborate with one another for reform to occur. Public health activists argue that because low-income people's health problems often occur long before they get to their doctor, for the Affordable Care Act to be successful, patients need access to primary care physicians and to enabling programs that address the social determinants of health. Activists across the country have received funding for these programs (American Public Health Association [APHA] 2010). KeywordsMLP reform is an enabling program designed to improve the health outcomes of traditionally disadvantaged groups by changing the everyday practices of health center doctors and legal aid lawyers.Health center doctors typically treat low-income patients' medical problems; with the implementation of 3 MLP reform, they also address the social and legal problems that affect patients' health (e.g., if a patient's apartment lacks heat, it will be difficult for the patient to recover from an ear infection). Lawyers, in working with low-income clients, often use individual cases to bring legal reform for large numbers of the poor; with the implementation of MLP reform, they gain new access and treatment points for vulnerable clients by expanding legal screening, and they increase their ability to solve legal problems related to health for large numbers of the poor by getting doctors to assist with reform efforts.To implement MLP reform, both doctors and lawyers need to change how they screen clients, determine their eligibility for treatment, and treat them. Doctors must learn from lawyers to screen patients for unmet social and economic needs in areas such as income, housing and utilities, education, immigration, and personal and family stability; they must also refer ...

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How to Stop Harassment: Professional Construction of Legal Compliance in Organizations

Cited by 223 publications

References 42 publications

Does Patent Strategy Shape the Long-Run Supply of Public Knowledge? Evidence from Human Genetics

Does Patent Strategy Shape the Long-Run Supply of Public Knowledge? Evidence from Human Genetics

Operating Room: Relational Spaces and Microinstitutional Change in Surgery

Brokerage Professions and Implementing Reform in an Age of Experts

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