Negotiating the Labyrinth

Buchan, Suzanne

doi:10.5749/minnesota/9780816646586.003.0005

Cited by 2 publications

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“…132 The forces of the competitive marketplace have failed franchisees. 133 Without the existence of franchisees, the solvent and failing franchisor would have to provide a significant amount of the operational infrastructure, hire staff and 'assume a significant . .…”

Section: Resultsmentioning

confidence: 99%

Moral Hazard, Path Dependency and Failing Franchisors: Mitigating Franchisee Risk Through Participation

Gant

Buchan

2019

Federal Law Review

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Employment relations are well understood. Business format franchising is a newer and rapidly evolving business expansion formula, also providing employment. This article compares the fates of employees and franchisees in their employer/franchisor insolvency. Whereas employees enjoy protection, franchisees continue to operate in conditions that have been described as Feudal. We identify the inherence of moral hazard, path dependency and optimism bias as reasons for the failure of policies and corporations laws, globally, to adapt to the franchise relationship. This failure comes into sharp focus during a franchisor’s insolvency. We demonstrate that the models of participation available to employees in the United States, Australia and the United Kingdom could be used to inform a re-balancing of the franchisees’ relationship with administrators and liquidators during the insolvency of their franchisor, providing franchisees with rights and restoring their dignity.

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Section: Resultsmentioning

confidence: 99%

Moral Hazard, Path Dependency and Failing Franchisors: Mitigating Franchisee Risk Through Participation

Gant

Buchan

2019

Federal Law Review

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“…It was regarded as a means of managing a disease, or in Buchan's words, 'to render the malady as mild as possible'. 64 The novelty of the technique made sense within the existing taxonomy of humoral medicine. And despite the ability it possessed to mitigate the effects of smallpox, it still only worked if God wanted it to.…”

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confidence: 99%

‘We could not answer to ourselves not doing it’: maternal obligations and knowledge of smallpox inoculation in eighteenth-century elite society

Esfandiary

2019

Historical Research

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Most often depicted as the precursor to the much simpler and safer practice of Jennerian cowpox vaccination, the eighteenth‐century practice of inoculating against smallpox with the live virus reveals much about the way in which pre‐modern mothers and medics understood and made decisions about disease management in children. Examined from the perspective of those mothers who ultimately sanctioned its use and helped to advance the practice on English soil, despite a complex set of possible eventualities ‐ from uncertain conferral of immunity to death ‐ this article argues that provided an ‘English’ version of it was carried out in strict accordance with the age‐old doctrines of humoral medicine, mothers deemed it an entirely rational act devoid of ‘risk’ in our modern sense. These findings run counter to established narratives asserting blanket professionalization and medicalization of childcare during this period, and they nuance the role Lady Mary Wortley Montagu played in introducing the practice she had encountered in Turkey.

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Negotiating the Labyrinth

Cited by 2 publications

References 0 publications

Moral Hazard, Path Dependency and Failing Franchisors: Mitigating Franchisee Risk Through Participation

Moral Hazard, Path Dependency and Failing Franchisors: Mitigating Franchisee Risk Through Participation

‘We could not answer to ourselves not doing it’: maternal obligations and knowledge of smallpox inoculation in eighteenth-century elite society

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