bluuebunny/crossref_metadata_2025_split huggingface dataset:
Democratic Law as Medium and Message
Authors: Kolodny Niko 
Published: October 2021

Abstract
This commentary raises numerous questions for the communicative conception of law. Given that compliance with law has multiple motivations, how can it be effective in sending a message of equal respect? Why do we have to be co-authors of the message, as opposed to merely affirming it? Why does the message or its affirmation have to come from the collective, rather than from individuals? Supposing we must author the message, why must our roles in doing so be equal? Why does the communicative function of democratic law give us a reason for participating in a democratic system? These questions give rise to two general challenges. First, how can we reconcile the demand on individual citizens to convey a message of equal respect with the idea that it is the collective which conveys the message? Second, why couldn’t law have the role of communicating public commitments without those commitments being democratic?
The Economic View of Strategic Management
Authors: Helfat Constance E. 
Published: October 2021

Abstract
Economics-based theories in strategic management fall into two categories: (1) homegrown theories developed within the field of strategic management that rely on economic logic, and (2) theories that originated in the field of economics, but that have been applied and often developed in new directions in the field of strategic management. This chapter surveys foundational theories of both types and provides selected examples of subsequent work. The discussion then turns to emerging areas of interest and opportunities for future theoretical research to address gaps in existing theories, to improve the understanding of new phenomena, and to investigate fundamental questions not yet addressed.
Strategy in Nascent Markets and Entrepreneurial Firms
Authors: Eisenhardt Kathleen M. 
Published: October 2021

Abstract
This chapter focuses on strategy in nascent markets that are unique entrepreneurial settings characterized by high velocity (i.e., ambiguous, uncertain, and fast-paced) landscapes. Despite their strategic challenges, these markets are where life-altering technologies and game-changing firms originate. Early research on strategy in nascent markets explores top management teams with their strong and long-lived influence on their firms, and organizational processes like alliance formation and strategic decision-making. Recent research extends to managerial cognition and organizational learning processes. Promising paths for future research include alternative strategies (shaping vs. adapting) in nascent markets as well as the strategic implications of the distinct economic “games” in different nascent markets (e.g., ecosystems vs. marketplaces). Unpacking how profitable growth happens for firms remains a significant puzzle as well. Overall, an exciting future lies ahead for one of the most critical and richest areas of strategy.
Competitive and Cooperative Strategy
Authors: Child John , Durand Rodolphe , Lavie Dovev 
Published: October 2021

Abstract
This lead chapter defines competitive, cooperative, and coopetitive strategies, and provides an overview that complements the two following chapters which focus on gaining competitive advantage and creating value through alliances. This lead chapter suggests that although cooperation counters competition, in practice, firms simultaneously compete and cooperate in markets and value chain functions. The chapter reviews theories on competitive and cooperative strategies, such as market power, transaction cost economics, and resource-based theories, and highlights game theoretical, relational, and social perspectives. The chapter then considers the changing context of strategy, including the rise of emerging economies, political intervention, technological disruption, and growing social demands on businesses. The text points to new forms of cooperation and competition, including global value chains, cross-sector alliances, technology platforms, and ecosystems, with new models of public-private collaboration. This new business reality has important implications for the future focus of research on cooperation, competition, and coopetition.
Global Strategy
Authors: Tallman Stephen , Cuervo-Cazurra Alvaro 
Published: October 2021

Abstract
This chapter provides an overview of research on global strategy and outlines suggestions for future studies. The field has generated three critical decisions: (1) expansion (whether to internationalize and how to select countries and entry modes to ensure effectiveness), (2) management (how to structure, coordinate, and control operations dispersed across countries to achieve efficiency), and (3) advantage (how to build an advantage in scale, learning, and arbitrage across locations to guarantee success). Future research can provide novel insights on these decisions by analyzing the impact of changes in three contexts: (1) countries, and the dynamics in cross-border interactions emerging from globalization, emerging markets, and government activism; (2) industries, and the reorganization of firm boundaries arising from digitalization, big data, and global value chains; and (3) organizations, and the reconsideration of the nature of work derived from global expertise, remote collaboration, and the gig economy.
MNCs and Cross-Border Strategic Management
Authors: Westney D. Eleanor 
Published: October 2021

Abstract
This chapter focuses on the strategic management of established multinational corporations (MNCs) that operate across multiple locations and how they have addressed the core strategic challenges of how to organize and manage geographically distributed locations. The chapter summarizes the conceptual foundations of MNC strategic management: the global integration / local responsiveness (GI/LR) framework, MNC capabilities for innovation and cross-border learning, the network model of the MNC, and the process approach. This chapter briefly surveys recent research trajectories, including subsidiary management, the role of headquarters, typologies of MNCs, and research on people and processes. Then the chapter identifies questions for future research in terms of four arenas: the changing balance of global integration and local responsiveness, managing regional strategies, cross-border learning in an era of growing resistance to globalization, and MNC responses to global external challenges of climate change and the threat of pandemics.
Strategic Leadership
Authors: Hambrick Donald C. , Wowak Adam J. 
Published: October 2021

Abstract
Research on strategic leadership, or the study of top executives and their effects on organizational outcomes, has flourished over the past few decades. Firm strategies are the product of human endeavors, and the individuals most responsible for formulating and implementing strategic initiatives—chief executive officers (CEOs) and their top management teams—are subject to the same biases, motives, and limitations as everyone else. As a result, even though executives vary in their levels of discretion, firms tend to become reflections of those who lead them. This chapter synthesizes recent themes and trends in the strategic leadership domain while also providing suggestions on what we see as the most promising avenues for future research. The field has come a long way since its inception in the mid-1980s, but opportunities still abound for scholars seeking to shed light on the human element in firm strategy and performance.
Ownership and Governance
Authors: Connelly Brian L. 
Published: October 2021

Abstract
Shareholders have, in recent years, imposed considerable influence on firms and the managers that run them. Their role has become so prevalent that hedge funds, activist investors, and short sellers dominate the headlines of the popular business press. Academics are desperately trying to keep up with the furious pace of change and incorporate emerging phenomena into theories of corporate governance. To facilitate this process, this chapter reviews the key forms of corporate ownership and describes ways in which they affect firm-level outcomes. The chapter identifies five issues about which ownership scholars disagree: the competitive influence of common shareholding, the costs and benefits of excess control, the consequences of share repurchases, the threat of short sellers, and the value-creating prospects of shareholder-nominated directors. The chapter describes the state of each debate with the hope that strategy scholars, in the years ahead, will add nuance to what we know about these pressing matters.
Strategy Processes and Practices
Authors: Burgelman Robert A. , Floyd Steven W. , Laamanen Tomi , Mantere Saku , Vaara Eero , Whittington Richard 
Published: October 2021

Abstract
Strategy process research has yielded a richer understanding of the emergence of strategies from throughout the organization and over extended periods of time; strategy-as-practice research has helped us understand the range of actors involved in strategy and the tools they draw on in their strategy work. The purpose of this chapter is to encourage research that combines insights from these two traditions. First, the chapter offers brief overviews of process and practice research. Then, the chapter reviews the most recent work from 2018 onward. Most of the text, however, goes to discussing future research that combines process and practice perspectives and that focuses on four themes: temporality and spatiality, actors and agency, cognition and emotionality, and language and meaning. These themes are woven together by two “red threads”—strategy digitalization and strategy inclusion—that we expect will have significant impact on strategy formation.
Summary and Discussion
Authors: Fuhse Jan 
Published: October 2021

Abstract
The chapter summarizes the key arguments of the book, outlines its contribution, and defends its premises against criticisms. Against the criticism of ignoring human agency, I hold that social theories only offer us tools for making sense of empirical observations, rather than represent the social world “as it really is.” The notion of human agency, and ontological discussions in general, helps little in this regard. Against the inclusion of nonhuman entities like objects or concepts (Fuchs) in networks, I see the focus on social networks and on communication in them as key for the connection between relational sociology and empirical studies on social networks. Three areas for future research are: (1) the relation between informal networks and formal organization; (2) network constellations in fields of society like politics, the economy, or science; and (3) the study of social networks in processes of communication in computational social science.
Choose Your Medicine
Authors: Grossman Lewis A. 
Published: October 2021

Abstract
Choose Your Medicine is the first comprehensive history of the concept of freedom of therapeutic choice in the United States. It draws on legal history and the history of medicine (as well as political, intellectual, cultural, and social history) to examine the ways that persistent but evolving notions of a right to therapeutic choice have affected American law, regulation, and policy from the country’s origins to the present. It describes social movements and legal efforts dedicated to resisting government measures denying individuals an unfettered choice among therapeutic products and methods. The targets of this activism have included, among others, state medical licensing statutes, FDA restrictions on the distribution of unapproved drugs, state and federal prohibitions against medical marijuana, formulary limitations in government insurance programs, abortion restrictions, and prohibitions on physician-assisted suicide. The narrative’s protagonists range from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. The book considers how all of these examples, taken together, fit within the broader development of the idea of freedom of therapeutic choice in American history and law.
Introduction
Authors: Grossman Lewis A. 
Published: October 2021

Abstract
In addition to setting out the themes of the book, the Introduction tells the story of cancer patient Abigail Burroughs and the case of Abigail Alliance v. von Eschenbach (2008), a suit against the FDA brought by a patient advocacy group founded by Abigail’s father after her death. In this case, the US Court of Appeals for the DC Circuit denied terminally ill patients the right to obtain investigational drugs prior to FDA approval. Using a test established by the Supreme Court in its physician-assisted suicide decision, Washington v. Glucksberg (1997), the DC Circuit held that a right to access unapproved drugs is not “deeply rooted in this Nation’s history and tradition.” The Introduction asserts that the Abigail Alliance court’s version of history was incomplete and one-dimensional, as the rest of the book will demonstrate.
Storming the Bastille of Orthodoxy
Authors: Grossman Lewis A. 
Published: October 2021

Abstract
After describing orthodox medicine and its alternatives in early America, this chapter discusses the rise of country’s earliest medical licensing laws, in the late eighteenth and early nineteenth centuries. These schemes strove to exclude unorthodox practitioners from the medical profession. American arguments for freedom of therapeutic choice were born in opposition to these original licensing systems. The chapter examines in detail the medical liberty advocacy of Benjamin Rush, an influential Founding Father who was also the most prominent American physician of the early national period. The chapter analyzes the genesis during this time of various strains of medical freedom rhetoric that would persist, to varying degrees, throughout American history.
Orthodoxy and “The Other Man’s Doxy”
Authors: Grossman Lewis A. 
Published: October 2021

Abstract
After discussing William James’s medical freedom advocacy, this chapter describes orthodox medicine and the main alternative medical sects during the Gilded Age. The chapter then explores the resurgence of medical licensing during this period and shows how the continuing popular preference for freedom of therapeutic choice was reflected in the medical licensing statutes as written and implemented. It considers the meaning and impact of Dent v. West Virginia, the 1889 Supreme Court case upholding medical licensing. It then explores the content of the arguments directed against discriminatory medical licensing in the Gilded Age and considers the persistence of all four strains of medical freedom rhetoric from the antebellum years (bodily freedom, economic freedom, freedom of belief, and freedom of inquiry). It concludes by examining the overall political philosophy of medical freedom activists during this period, in particular the extent and nature of their libertarianism.
Reining In Progressive “State Medicine”
Authors: Grossman Lewis A. 
Published: October 2021

Abstract
During the Progressive Era, the medical freedom movement appropriated the phrase “state medicine” to designate an expanding tyrannical conspiracy between public officials and the American Medical Association (AMA). This chapter shows how activists resisted not only compulsory measures such as vaccination and inspection, but also every other aspect of a system that they portrayed as a plot to deny citizens their treatments of choice. It examines the drafting and judicial interpretation of the postal statute and 1906 Pure Food and Drug Act to (temporarily) prevent the federal government from regulating the efficacy of drugs. It also explores the triumphant campaign by the National League for Medical Freedom, in the early 1910s, to defeat facially innocuous bills that would have merged existing federal agencies to create a National Department of Health. The chapter closes with a consideration of which side of this struggle represented “Progressivism.”
Conspiracy Theorists and Con Men
Authors: Grossman Lewis A. 
Published: October 2021

Abstract
This chapter discusses the 1930s through the 1960s, an anomalous period of American history in which the people’s confidence in major national institutions was at its peak. Most people trusted government health regulators, the medical establishment, and pharmaceutical companies to do the right thing. Consequently, medical freedom of choice activism occurred mainly on society’s margins, voiced by peddlers of fraudulent products and right-wing cranks. The most persistent and cantankerous promoter of medical freedom during this period was the National Health Federation (NHF), the publisher of “Health Freedom News.” This organization, founded by manufacturers of dietary supplements and quack medical devices, resisted FDA regulation of alternative treatments, as well as the fluoridation of municipal water supplies. Although the NHF sometimes exemplified paranoid, Red-Scare politics, it also employed more conventional libertarian arguments of the sort that infused medical freedom rhetoric in other periods of American history.
The End
Authors: Grossman Lewis A. 
Published: October 2021

Abstract
This chapter examines Americans’ hesitant embrace of physician-assisted suicide (PAS). After considering the right to refuse life-sustaining treatment and the general rejection of physician-administered euthanasia, the chapter explores the history of PAS and the legal response to it in depth. It discusses the activism of Derek Humphry and Jack Kevorkian. It analyses the Supreme Court’s 1997 decision in Washington v. Glucksberg, which denied the existence of a substantive due process right to PAS. The chapter also describes the 1994 passage of the Oregon Death with Dignity Act and the sputtering success of such measures in other states. It analyzes the opposition to PAS by both conservative religious groups and left-leaning disability activists and shows how the same anti-establishment suspicion that bolsters support for freedom of therapeutic choice in other contexts can provoke opposition to assisted suicide.
Closing Death's Door
Authors: Saks Michael J. , Landsman Stephan 
Published: October 2021

Abstract
Closing Death’s Door explores innovative legal strategies to address the challenge of medical error. In the United States today, several hundred thousand patients die in hospitals each year because of errors in medical treatment—the nation’s third leading cause of death. The legal mechanism designed to deal with this epidemic of injury and death is the medical malpractice system. It has failed to stem the tide of iatrogenic harm. Among the reasons are the costliness of the malpractice system, its availability to only a minuscule percentage of those harmed, and decades of “tort reform” efforts that have effectively extinguished the system for all but the most egregious claims. In 1999, in To Err Is Human, the Institute of Medicine (now the National Academy of Medicine) sounded an alarm about the toll taken by medical error. Its proposed solution—a set of reporting systems to document problems and generate data on which solutions might be based—has been a failure. The time has come for a fresh look at what the law might do to contribute to patient safety. To begin a conversation about legal innovations designed to spur healthcare system improvements directed at reducing harmful medical errors, this book explores a number of possible steps, including well-designed economic incentives to stimulate greater investment in safety; promotion of systems approaches to safer delivery of care; government regulation and surveillance in especially risky treatment contexts; and encouragement of a range of technological improvements, especially involving information technology.
IOM and Public Disclosure of the Error Problem—To Err Is Human
Authors: Saks Michael J. , Landsman Stephan 
Published: October 2021

Abstract
“IOM and Public Disclosure of the Error Problem—To Err Is Human,” considers the steps that led the Institute of Medicine (renamed the National Academy of Medicine) in 1999 to publicly declare that upwards of 100,000 Americans were dying annually as a result of medical error. Their public declaration came after more than two decades of research had documented to the profession the toll of medical error, first in California (under the leadership of Don Harper Mills) and later in a number of other states (notably by the Harvard Medical Practice Study team). In the face of these findings, the healthcare industry had not acted on safety so the researchers chose to go public with their findings.
Information Technology
Authors: Saks Michael J. , Landsman Stephan 
Published: October 2021

Abstract
“Information Technology” assesses the prospect that technological innovation can substantially improve healthcare safety. Leading technology analysts, including Dr. Eric Topol and Vinod Khosla, have predicted that technology will reinvent healthcare. One way might be by providing critical healthcare information directly to patients/consumers. Professional resistance to such a shift is exemplified by efforts to curtail the reporting of genetic information to consumers by companies like 23andMe. The success of these companies suggests that more and more data may eventually flow to potential patients, empowering them and opening healthcare decisions to greater scrutiny. One key to this process will be expansion of the reach of electronic health records. Achieving such expansion requires legal changes with regard to patient access and system accuracy obligations. Another potentially valuable technological change has to do with the use of artificial intelligence. Its use in diagnosis may require expanded legal protection.
The Biology of Death
Authors: Howard Gary C. 
Published: October 2021

Abstract
Death is not just the last event of life. Death is interwoven into our growth, development, protection against disease, and more. It foreclosed evolutionary pathways, thus shaping all life. And it involves fascinating questions. How do we define life and death? How do we know when a person is dead? Why do we age and can we do anything about it? Will medical advances continue to extend human life span and even defeat death? Death also involves a host of ethical questions. Most amazingly, living organisms evolved systems to use death to their advantage. The death of specific cells refines our immune system, gives us fingers, allows fruit to drop from trees, and tadpoles to become frogs. Even single-celled organisms use “quorum sensing” to eliminate some cells to ensure the overall survival of the colony in harsh environments. Death is far more than dying, and this book looks at how death is part of life at every level, including cells, tissues, organisms, and populations.
Dying
Authors: Howard Gary C. 
Published: October 2021

Abstract
What actually happens when someone dies? Are there signs that death is approaching? Physicians sometimes notice what is called a terminal drop in basic physiological systems that seems to presage death, but those signs do not occur in every case. In the “twilight of death,” not every cell in the body dies at the same rate. However, once death occurs, the signs are more clear and involve a loss of respiration and heartbeat, rigor mortis, and the pooling of blood, among other things. Some people report near-death experiences, and one might wonder if those provide a glimpse of the afterlife. Yet most of the features of near-death experiences can be explained physiologically. Consciousness and its relationship to the physical brain remain to be understood.