Monday, September 23, 2019

Commercial Law Position Announcement: University of Idaho

The University of Idaho College of Law seeks to fill a tenure-track or tenured faculty position beginning in the Fall of 2020 in the area of Commercial Law for its Moscow location. Both entry-level and lateral candidates are encouraged to apply. In addition to courses in Sales and Property Security, the faculty member will be expected to teach two additional courses – which may include Bankruptcy, Payment Systems, Real Estate Transactions, and/or State Debtor-Creditor Law – according to the interest of the faculty member and the needs of the College of Law. Candidates must have (1) a J.D. from an ABA-accredited school or the equivalent; (2) a distinguished academic record; (3) a record or the promise of teaching excellence; (4) a record or the promise of scholarly productivity; and (5) a record or the promise of expertise in the area of Commercial Law. Preference will be given to candidates with (1) post-J.D. practice, clerking, or teaching experience; and (2) post-J.D. experience related to Commercial Law and other courses listed above. Situated in the beautiful Pacific Northwest, the University of Idaho is a comprehensive research institution. Information about the College of Law is available on its website at https://www.uidaho.edu/law. Interested candidates should apply online athttps://uidaho.peopleadmin.com/postings/27297. Questions about the position should be directed to David Pimentel, Chair of the Faculty Appointments Committee, at dpimentel@uidaho.edu. The University of Idaho is an affirmative action, equal opportunity employer.

[Hat tip to Aliza Plener Cover, Associate Professor at the University of Idaho College of Law, for highlighting this opportunity.]

September 23, 2019 in Commercial Law, Joan Heminway, Jobs | Permalink | Comments (0)

Monday, September 16, 2019

Announcing the Third Annual Business Law Prof Blog Symposium - "Connecting the Threads"

Screenshot 2019-09-13 21.09.15

I am pleased to announce that The University of Tennessee College of Law is again hosting editors of this blog for a symposium focusing on current topics in business law.  The website for the symposium, which is sponsored by UT Law's Clayton Center for Entrepreneurial Law, is here.  Faculty and students from UT Law will comment on presentations given by my fellow BLPB bloggers.  Participating editors of the BLPB in this year's program include Colleen Baker, Ben Edwards, Josh Fershee, me, Doug Moll, Haskell Murray, and Stefan Padfield.  The lunchtime panel features me and two of my UT Law colleagues exploring the legal meaning and understanding of mergers and other business combinations from various perspectives, including business associations law, bankruptcy and UCC law, and federal income tax law.  That, alone, is surely worth the price of entry!

If you live in or near Knoxville, please come and join us.  Continuing legal education credit is available to members of the Tennessee bar.  If you cannot make it to the symposium, however, a video recording of the proceedings will later be available on UT Law's website, with an expected option for online continuing legal education credits.  (Last year's program is available here with a continuing legal education credit option.)  In addition, the written proceedings of the symposium are scheduled to be published in the spring volume of Transactions: The Tennessee Journal of Business Law.

I am looking forward to having many of my BLPB co-editors in town for this program.  It's always a special time when we are together.

September 16, 2019 in Colleen Baker, Conferences, Haskell Murray, Joan Heminway, Joshua P. Fershee, Stefan J. Padfield | Permalink | Comments (0)

Monday, September 9, 2019

Call for Papers - Business Law Empirical Studies - Short Timeframe

Call for Papers for Section on Law & the Social Sciences Program at the AALS Annual Meeting

The Section on Law & Social Sciences is pleased to announce a Call for Papers from which one or two additional presenters may be selected for the section’s program panel to be held during the AALS 2020 Annual Meeting in Washington, D.C. The panel is entitled “Empirical Research in Business Law: Works in Progress,” and the panelists will summarize the methods and/or results of their current qualitative or quantitative empirical research projects as works in progress.

Form and Length of Submission:

The Section welcomes relevant submissions in the form of research proposals, preliminary pilot studies, or even nearly completed projects with results. Junior scholars are particularly encouraged to submit. Submissions should incorporate at least a brief (3-5 page) summary or abstract of the project.

Submission Method and Due Date:

Papers should be submitted electronically to David Kwok (dkwok@uh.edu). The due date for submission is September, 20, 2019. Authors selected will be notified by September 27, 2019. The Call for Papers presenters will be responsible for paying their registration fee and hotel and travel expenses.

Inquiries or Questions:

Any inquiries about the Call for Papers should be submitted to David Kwok (dkwok@uh.edu).

September 9, 2019 in Call for Papers, Conferences, Joan Heminway | Permalink | Comments (0)

Emory Law - Tenured Lateral Business Law Opening

The following comes to us from friend of the BLPB George S. Georgiev at Emory Law:

Emory University School of Law seeks a lateral hire for a tenured position in business law to begin in the 2020-2021 academic year. Candidates should be already tenured at an ABA-approved law school.

Candidates must have a J.D., Ph.D., or equivalent degree, a distinguished academic record, and a demonstrated potential to produce outstanding scholarship. Candidates should complete the online application here, and submit a cover letter, a current CV, a published or unpublished academic article, a brief research agenda, and an indication of teaching interests (if not listed on the CV) to the chair of the Faculty Appointments Committee: Polly J. Price, Asa Griggs Candler Professor of Law, at pprice@emory.edu.

Emory Law strives for a world in which law provides a common framework for courageous leaders to engage our most complex social and economic challenges and to achieve positive social transformation by advancing the rule of law. Emory University is dedicated to providing equal opportunities and equal access to all individuals regardless of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, and veteran's status.

September 9, 2019 in Joan Heminway, Jobs | Permalink | Comments (0)

Monday, September 2, 2019

Work and Mindfulness: Celebrating 125 Years of Labor Day

BLPB(boardgamebusinessmanchallenge-JESHOOTS)Photo by JESHOOTS.com from Pexels

Today marks the 125th anniversary of our celebration of Labor Day as a U.S. national holiday.  As the U.S. Department of Labor reminds us:

Labor Day, the first Monday in September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country. . . .

The vital force of labor added materially to the highest standard of living and the greatest production the world has ever known and has brought us closer to the realization of our traditional ideals of economic and political democracy. It is appropriate, therefore, that the nation pays tribute on Labor Day to the creator of so much of the nation's strength, freedom, and leadership – the American worker.

Certainly, there remains much to celebrate.  Yet, an online piece written two years ago that focuses in on the history in a more detailed way offers words of caution:

The original holiday was meant to handle a problem of long working hours and no time off. Although the battle over these issues would seem to have been won long ago, this issue is starting to come back with a vengeance, not for manufacturing workers but for highly skilled white-collar workers, many of whom are constantly connected to work.

[Note: I have been accused of being constantly connected to work--or the equivalent.  Sometimes rightly so.]  The article goes on to urge taking a day off and enjoying time at a barbecue. I want to offer an additional idea: consider adding mindfulness to your tool kit (and more specifically a simple practice).

Yes, I have extolled the virtues of mindfulness practices before, including here and here.  Marcia has, too.  I want to incorporate by reference here all that we have collectively said in that regard.  But I also want to emphasize in today's post a new application of the concept--one that I learned in a series of beginner meditation classes that I completed yesterday.

All of us have thoughts relating to our work (and our personal lives) that niggle at us over time or disrupt our flow in the moment.  They may involve, for example, a grudge against a colleague or anger at an administrator or anxiety about a student or upcoming project or event.  These ongoing meddlesome thoughts interfere with our work and our lives outside work.  Specifically, they distract us and make us unhappy, inefficient, and unproductive.  They can lengthen our work days and extend the work week into weekends.  They can ruin our time with family--even at a Labor Day barbecue.

There are ways of managing this kind of stress in our work lives.  The instructor in my meditation class offered the technique (labeled, apropos of today's holiday, "The Work") suggested and promoted in Loving What Is: Four Questions That Can Change Your Life, by Byron Katie and Stephen Mitchell.  As the title of the book suggests, the approach consists of four questions.  They are:

  • Is it true?
  • Can you absolutely know that it's true?
  • How do you react, what happens, when you believe that thought?
  • Who would you be without that thought?

In addition to the book, a website offers guidance, including a series of videos.  The same coauthors have written a follow-on book, A Mind at Home with Itself: Finding Freedom in a World of Suffering.  (Byron Katie apparently has two other books--one also coauthored with Stephen Mitchell, here and here.  They also may be helpful but may not be as central to using The Work.)  I have not read any of the books, but I plan to practice the use of the four questions.

Why would I invest in this?  If used properly and successfully, what can these four questions do for me?  Here's what I have learned so far.

The four questions and the way in which they are used in The Work invite us to compartmentalize a thought that troubles us, allowing us to explore its contours and question it and ourselves.  In the process, we can reduce the suffering it causes us and slow down any reaction process that we determine is needed.  Ultimately, this method of addressing troubling thoughts has the capacity to free us from the drag that our niggling thoughts have on our working and personal lives.  The Work also may enable us to take required action to address true concerns in the workplace and at home in a manner that is more compassionate and less driven by the exigencies of the moment.

I offer this new mindfulness process for what it may be worth to you, in the spirit of personal wellness, institutional health, and Labor Day--to allow you more "time off" from work (among other things).  Regardless of the appeal--or lack thereof--The Work may hold for you, I wish you all a happy and restful Labor Day.  I am making a special brunch that I will enjoy with my husband and daughter.  No family or neighborhood barbecue is planned, but who knows?  My hubby and I may just make our own . . . .

September 2, 2019 in Joan Heminway, Teaching | Permalink | Comments (2)

Tuesday, August 27, 2019

Business Law and Leadership

Back in April, I posted on a leadership conference focusing on lawyers and legal education, sponsored by and held at UT Law.  I also posted earlier this summer on the second annual Women's Leadership in Legal Academia conference.  I admit that I have developed a passion for leadership literature and practices through my prior leadership training and experiences in law practice and in the legal academy.

Because lawyers often become leaders in and through their practice (both at work and their other communities) and because leadership principles interact with firm governance, I want to make a pitch that we all, but especially all of us teaching business associations (or a similar course), focus some attention on leadership in our teaching.  It is a nice adjunct to governance.  For example, management and control issues, especially director/officer processes in corporations, are a logical place to discuss leadership.  Who are the managers and the rank-and-file employees inspired by in managing and sustaining the firm?  Who is able to persuade the board to take action?  Is it because of that person's authority, or does that person hold a trust relationship with others that motivates them to follow?  And speaking of trust, it is an element of both leadership and fiduciary duty . . . .

As you consider my teaching suggestion, I offer you my latest blog post on our Leading as Lawyers blog.  It involves the importance of process to effective leadership.  The bottom line?

One can have a promising vision and strategy that emanate from the best of all intentions and ideas. But without engaging a process that includes effectual communication and input from, candid interchanges with, expressions of appreciation for, and buy-in from the relevant affected populations, those worthy intentions may be misinterpreted and those good ideas may die on the vine or not be implemented effectively.

We have all seen this happen in business governance.  Let's let our students in on the role that leadership plays in the practical application of business law.  It is bound to inform both their law practice and their lives.

August 27, 2019 in Business Associations, Corporate Governance, Joan Heminway, Lawyering, Teaching | Permalink | Comments (4)

Monday, August 19, 2019

Motivation from Knoxville's Female Entrepreneurs and CEOs

Apropos of my post last week on female founders and leaders of beauty unicorns (and women-founded unicorns more generally), I want to highlight this recent piece from our local paper here in Knoxville.   The women featured in the article range from high school students to holders of advanced degrees in their respective fields.  Their businesses are all technology driven and have received significant start-up funds through competition awards and grants.  None may become unicorns.  Their growth and exit strategies may not take them there.  Regardless, their ideas have apparent traction and their businesses are experiencing early-stage success.  I found each woman and her ideas totally inspiring.

Speaking of inspiring, I also will note that a day earlier, the same news outlet published an article that focused on women-led businesses in our community--and more specifically, on advice that local female CEOs desired to offer to others who are starting or managing their own businesses.  Their counsel (which includes, among many other things, encouragement to step away from business operations to achieve greater business success, as well as life balance) is priceless.  So are some of the observations these businesswomen make along the way.  Here are a few of my favorite quotes, each of which is a great lesson in leadership:

  • “I want everybody to be continual learners, and to continue to grow and take chances and do things they didn’t think they could do . . . .”
  • “Never underestimate the power of sheer determination . . . ."
  • "If you take a group of subject matter experts in whatever they do, that are mission focused, put their egos out the door and they're really interested in solving whatever the problem is, whatever the situation is in front of them, that you are going to come up with more innovative, robust, diverse, comprehensive solutions because of that diversity, because you're coming together as a team . . . ."

Great stuff.

Knoxville hosts a lot of business formation and development activity.  UT Law's business and trademark law clinics engages with some of the related legal services work.  As someone who practiced in BigLaw and worked predominantly with publicly held and larger privately owned firms, I have found my work in the Knoxville community over the past nineteen academic years to be a welcome change and, overall, very rewarding.  As I enter my twentieth year of law teaching this week, I plan use all of the goodwill that work has generated (as well as the inspiration offered by the two articles I link to above) to motivate my teaching.  I look forward to a happy and productive semester!  And if you are a law teacher (or a teacher of any kind, for that matter), I wish you the same.

August 19, 2019 in Entrepreneurship, Joan Heminway, Teaching | Permalink | Comments (2)

Tuesday, August 13, 2019

AALS Section on Securities Regulation - Call for Papers

Call for Papers
AALS Section on Securities Regulation—2020 AALS Annual Meeting
Emerging Voices in Securities Regulation
Works-in-Progress Program
January 2-5, 2020
Washington, DC

The AALS Securities Regulation section invites proposals for its "Emerging Voices in Securities Regulation” works-in-progress workshop at the 2020 AALS Annual Meeting.  The workshop will bring together junior and senior securities regulation scholars for the purpose of giving junior scholars feedback on their scholarship and helping them prepare their work for the spring law review submission cycle.  A junior scholar is any untenured full-time faculty member as of January 2, 2020. 

FORMAT:  The program will involve multiple simultaneous roundtables, with one junior scholar, one or two senior scholars, and interested observers at each table.  Junior scholars’ presentations of their drafts will be followed by oral comments from senior scholars and further discussion, as time permits. 

SUBMISSION PROCEDURE:  Junior scholars who are interested in participating in the program should send an abstract (or longer summary) or draft-in-progress to Professor Eric C. Chaffee, Chair of the AALS Securities Regulation Section, at Eric.Chaffee@utoledo.edu, on or before September 16, 2019.  The cover email should state the junior scholar’s institution, tenure status, number of years in his or her current position, and any previous positions in academia.  The subject line of the email should read: “Submission—Sec Reg WIP Program.”

Junior scholars whose papers are selected for the program will need to submit their presentation drafts to Professor Chaffee by December 13, 2019, in order that the assigned commenters will have sufficient time to read the drafts prior to the Annual Meeting.

ELIGIBILITY:  Junior scholars at AALS member law schools are eligible to submit proposals.  Pursuant to AALS rules, faculty at fee-paid law schools, foreign faculty, adjunct and visiting faculty (without a full-time position at an AALS member law school), graduate students, fellows, and non-law school faculty are not eligible to submit.  Please note that all presenters at the program are responsible for paying their own annual meeting registration fees and travel expenses.

August 13, 2019 in Call for Papers, Joan Heminway, Securities Regulation | Permalink | Comments (0)

Monday, August 12, 2019

Unicorns Built by and for Women

BeautyClipart

We hear a lot about unicorns in technology, finance, and the sharing economy.   But many of us do not realize that a number of unicorns are owned by women and a number of those focus on make-up and skin care--products geared to a female audience.  Female-owned beauty unicorns are all around us . . . .

Why should we care?  Well for one thing, female-owned businesses have historically been somewhat rare.  (In 1972, women-owned businesses accounted for only 4.6% of all firms, e.g.)  And for another, it has been noted that women often have a tough time financing their businesses. (See this 2014 U.S. Senate Committee report and other sources cited below for some details.) Also, it may be interesting to some (it is to me) that a business in such a traditional space can succeed so well in private capital markets given the competitive dominance of major conglomerates (most of which are publicly traded). Also, as I note in closing below (for those teaching in the business law area), the facts and trends in this space may be fodder for great exercises and exam questions.

Women-owned businesses are beginning to catch up in the race for space in commercial and capital markets.  The National Association of Women Business Owners (NAWBO) represents on its website (based on data from an American Express report, updated here) that "[w]omen-owned firms (51% or more) account for 39% of all privately held firms and contribute 8% of employment and 4.2% of revenues."  The Women's Business Enterprise National Council (WBENC) notes that "From 2007 – 2018, total employment by women-owned businesses rose 21%, while employment for all businesses declined by 0.8%."  Women Owned, a WBENC initiative and WEConnect International, asserts that "[o]ver the past 20 years, the number of Women Owned businesses has grown 114 percent compared to the overall national growth rate of 44 percent for all businesses."  More relevant to the matter of female-led unicorns, however, the NAWBO reports that "[o]ne in five firms with revenue of $1 million or more is woman-owned" and that "4.2% of all women-owned firms have revenues of 1 million or more."

Yet, unicorns owned by women are the exception rather than the rule in women-owned businesses.  Overall, according to the WBENC, the revenues generated by businesses owned by women contribute only 4.3% of the total revenues of private sector firms, despite the fact that they constitute almost 4 of every 10 privately held businesses. WBENC also reports that "88% of women-owned businesses generate less than $100,000 in revenue," noting that "[t]his group is growing at a rate that is faster than the growth rate for larger women-owned companies." So, women still have some work to do in producing gender equity through the creation of large, independent, private firms--whether in the beauty industry or another sector.

Why would an investor fund a female-owned beauty unicorn?  Here's an answer from one who did--Glossier, well-known by me for its lip glosses, founded by Emily Weiss:

“A category that is mostly acceptable price points with high margins and consumable products—that’s a pretty good business setup,” says Green, who was the first person to back Glossier. Green points out that the momentum women like Weiss and Soare [Anastasia Soare, founder of Anastasia Beverly Hills, a leader in eyebrow products, including its famously popular Brow Wiz®] have created has forced investors to reevaluate what has historically been considered a niche women’s space but is on track to grow to $750 billion by 2024. It has also unleashed a harras of unicorn foals—entrepreneurial hopefuls working to emulate this kind of megawatt success in the cosmetics industry and beyond. “Beauty companies have never been considered companies that are changing the world,” says Weiss. But they are changing the dynamics of who’s in the boardroom.

Venture firms go where the money is, and it appears the beauty market is not yet saturated.  One needs only note the soaring popularity of Korean beauty products in the United States to understand that this is a big market.  Women are credible business leaders in this industry as key, long-term consumers of beauty products.

There is much more data out there on various aspects of women-owned businesses and unicorns.  I plan to poke at these topics more from time to time in this space.  Information about these types of firms--as part of a growth economy--may be useful to both law academics and legal practitioners--especially those working with, or engaged with issues relating to, entrepreneurs, start-ups, or small businesses.  

The mainstream business news media already has taken note.  Witness this article on Glossier in Forbes and this one in Business Insider on Anastasia Beverly Hills, the two firms mentioned above.  And, of course, the fashion retail media and blogosphere are awash with information on these firms. That's where I learned about these beauty unicorns in the first place.  Some super exercises and exams questions may come out of this space.  I already base an experiential exercise on Urban Decay, which once was a privately held female-owned beauty business.  See this case for details.  Other ideas for how to use the information and trends presented here are, of course, invited.  Leave a comment to share yours.

August 12, 2019 in Entrepreneurship, Joan Heminway, Teaching, Venture Capital | Permalink | Comments (0)

Faculty Openings in Ohio: Cincinnati Law & Dayton Law

Hat tip to The Faculty Lounge for these!

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The University of Cincinnati College of Law is looking to hire two tenure-track professors this Fall (note that our AALS ad says only one, but we recently were approved for two), both at the level of Assistant Professor of Law.  Although we're looking for candidates in all areas, subject areas of particular interest include business law, health law, intellectual property, property, and tax.  The job posting from the AALS bulletin appears below.  University of Cincinnati policy requires that candidates also apply through the University recruitment system, which can be accessed at http://bit.ly/2KdXJhS.  

THE UNIVERSITY OF CINCINNATI COLLEGE OF LAW invites applications from entry-level candidates for the tenure-track position of Assistant Professor of Law. We welcome candidates across all areas of law, although subject areas of particular interest include business law, health law, intellectual property, property, and tax. Applicants must possess a J.D. or equivalent degree and outstanding academic credentials and have demonstrated potential for outstanding teaching and scholarship. Relevant experience in private practice, government service, or a judicial clerkship is strongly preferred. We welcome applications from persons who would add to the diversity of our academic community and engage with the broader community. Questions about the hiring process should be directed to Professor Felix Chang, Chair of the Faculty Appointments Committee (felix.chang@uc.edu). Candidates must also apply online via the UC recruitment system (http://bit.ly/2KdXJhS) to be considered an applicant. The University of Cincinnati is an affirmative action/equal opportunity institution. All qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age, genetic information, disability, or protected veteran status, and will not be discriminated against because of their protected status.

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The University of Dayton School of Law invites applications for a tenure-track Assistant Professor position and a Full Professor with tenure position to begin in August 2020. 

Applicants for the Assistant Professor position must have a J.D. or the equivalent international law degree.  We welcome applications from candidates across all areas of law. Areas of particular interest include secured transactions, business organizations, constitutional law, family law, wills and trusts, tax, conflicts of law, contracts, and property. Applications must be received by January 1, 2020. Applications should include a cover letter and CV and must be submitted through the University of Dayton's electronic employment site.

Applicants for the Full Professor position must have tenure at a United States or International law school, a J.D. or the equivalent international law degree, a record of outstanding scholarship and publication in the fields of commercial or constitutional law, and excellent teaching evaluations. Applications must be received by September 12, 2019. Applications should include a cover letter, CV, and a sample of recent teaching evaluations. Applications must be submitted through the University of Dayton’s electronic employment site:

Inquiries may be directed to Associate Professor Jeffrey Schmitt, Chair of the Faculty Recruitment Committee, at jschmitt1@udayton.edu.

August 12, 2019 in Joan Heminway, Jobs | Permalink | Comments (0)

Friday, August 9, 2019

More Faculty Openings - U.C. Davis Law and Kansas Law

The job postings set forth below were received from Virginia Harper Ho, Chair of the AALS Section on Transactional Law & Skills.

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Originally from Afra Afsharipour:

UNIVERSITY OF CALIFORNIA AT DAVIS SCHOOL OF LAW invites applications for a Water Justice Clinical Lecturer, who will act as the director of the Aoki Water Justice Clinic, by October 20, 2019 and/or until the position is filled. The Aoki Water Justice Clinic is a transactional live-client legal clinic that provides technical legal assistance to small disadvantaged communities in California's Central Valley and beyond, who lack reliable and affordable access to safe drinking water. We seek applications from candidates with a background in law who (1) possess extensive experience in state, national and international critical race and nation studies law and policy issues and (2) excellent transactional, analytical, legal writing, negotiation and advocacy skills, including high-quality precision in contract drafting, and skill in high-level and detailed analysis. All candidates must apply through the UC Recruit system at the following link: https://recruit.ucdavis.edu/JPF03045. For full consideration, applicants should apply by October 20, 2019, although we recommend that you submit your materials as soon as possible. Candidates must have a J.D. or equivalent degree. We require a cover letter and curriculum vitae and contact information for three references at this time. In addition, as part of their application, candidates must include a Statement of Contributions to Diversity. Information about the Statement can be found at http://academicaffairs.ucdavis.edu/diversity/equity_inclusion/index.html. An optional statement of teaching can also be included. Please note that we may require further documentation at a future date, including, but not limited to, letters of recommendation, which will be treated as confidential per University of California Policy and California state law. Please direct questions to Professor Thomas Joo, Chair of the Faculty Appointments Committee, via email at facultyappointments@law.ucdavis.edu. The University of California is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, age or protected veteran status. For the complete University of California nondiscrimination and affirmative action policy, see https://policy.ucop.edu/doc/4000376/DiscHarassAffirmAction.

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University of Kansas School of Law - Business Position

The University of Kansas School of Law invites applications for a tenure-track, associate professor to begin in the fall of 2020.  We are interested in candidates specializing in any field of law, but we are particularly interested in the fields of business, corporate, finance, transactional, and securities law, including both traditional and alternative approaches to these disciplines. 
 
Applicants should possess a J.D. from an accredited US law school and evidence of potential for engaging in high quality research and teaching.  In a continuing effort to enrich its academic environment and provide equal educational and employment opportunities, the Law School actively encourages applications from members of underrepresented groups in higher education. Women, minorities, and candidates who will contribute to the climate of diversity in the school, including a diversity of scholarly approaches, are especially encouraged to apply.
 
Review of applications will begin September 3, 2019 and continue until the position is filled.  Applications should be made online athttps://employment.ku.edu/faculty/14901BR and should include a cover letter, a curriculum vitae, a detailed statement of research interests and future plans, and the names of three references.   The law school will participate in the AALS Recruitment Conference in D.C. October 3-5, 2019.  For further information, contact Professor Uma Outka, University of Kansas School of Law, 1535 West 15th Street, Lawrence, KS  66045-7608, 785-864-9241, uoutka@ku.edu.

KU is an EO/AAE.  All qualified applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), age, national origin, disability, genetic information or protected Veteran status.

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University of Kansas School of Law (Open Position): digital privacy law; law and technology; health law; insurance law; natural resources law; and human rights law position.

The University of Kansas School of Law invites applications for a tenure-track, associate professor to begin in the fall of 2020.  We are interested in candidates specializing in any field of law, but we are particularly interested in the fields of digital privacy law; law and technology; health law; insurance law; natural resources law (which includes water law and land use); and human rights law.
 
Applicants should possess a J.D. from an accredited US law school and evidence of potential for engaging in high quality research and teaching.  In a continuing effort to enrich its academic environment and provide equal educational and employment opportunities, the Law School actively encourages applications from members of underrepresented groups in higher education. Women, minorities, and candidates who will contribute to the climate of diversity in the school, including a diversity of scholarly approaches, are especially encouraged to apply.
 
Review of applications will begin September 3, 2019 and continue until the position is filled.  Applications should be made online at https://employment.ku.edu/academic/14903BR and should include a cover letter, a curriculum vitae, a detailed statement of research interests and future plans, and the names of three references.   The law school will participate in the AALS Recruitment Conference in D.C. October 3-5, 2019.  For further information, contact Professor Uma Outka, University of Kansas School of Law, 1535 West 15th Street, Lawrence, KS  66045-7608, 785-864-9241, uoutka@ku.edu.

KU is an EO/AAE.  All qualified applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), age, national origin, disability, genetic information or protected Veteran status.

August 9, 2019 in Joan Heminway, Jobs | Permalink | Comments (0)

Thursday, August 8, 2019

Hiring - The Ohio State University Moritz College of Law

From Ruth Colker, Distinguished University Professor at The Ohio State University Moritz College of Law:

The Ohio State University Moritz College of Law seeks entry-level or junior lateral candidates for at least one tenure-track position.  Our primary areas of need are Dispute Resolution, Business Law, and Race and Law.  Secondary areas of need include Antitrust, Banking/Insurance, Civil Procedure/Complex Litigation, Commercial Law, Evidence, Immigration, Intellectual Property/Law and Technology, Natural Resources/Energy Law, Poverty/Social Welfare Law, Property/Real Estate, and Wills & Trusts.  The position will begin in the 2020-21 academic year.  A J.D. or the equivalent is required.

The Ohio State University Moritz College of Law is committed to building and maintaining a diverse and inclusive community to reflect human diversity and improve opportunities for all.  Diversity, inclusion, and equity are essential to the excellence of our community, culture, and curriculum, and the pursuit of this excellence is critical to our educational mission.  We value diversity in all of its dimensions, including gender, gender identity or expression, race, ethnicity, religion, age, sexual orientation, physical and learning abilities, socioeconomic status, veteran status, and viewpoint.  We seek to reflect multiple perspectives, backgrounds, and interests in all facets of our community.  The Ohio State University is committed to equal employment opportunity and does not discriminate on any basis prohibited by law in its activities, programs, admission, and employment.  All qualified applicants will receive consideration for employment without regard to a protected status.

Candidates should send a cover letter and C.V. to Daniel Tokaji, Associate Dean for Faculty, tokaji.1@osu.edu, stating that they are applying for this position.  Applicants are encouraged to submit the Equal Employment Identification Form.

Lots of potential here for business law folks!

August 8, 2019 in Joan Heminway, Jobs | Permalink | Comments (0)

Monday, August 5, 2019

SEALS Tidbits - 2019

I am just back from the 2019 Southeastern Association of Law Schools (SEALS) conference.  I participated in several different kinds of activities this year.  This post reports out on each.

I first served as a participant in a series of discussion groups tailored to provide information to aspiring law professors.  The attendees included newly minted fellows and VAPs, mid-to-later-career lawyers/judges looking to switch to full-time law faculty (some already adjuncts or visitors), and (in general) law practitioners testing the waters for possible engagement with the Association of American Law Schools faculty recruitment process.  SEALS has served selected prospective law professors with a specialized track of preparative programming for a number of years.  This set of discussion groups represents an extension of that type of programming, on a more general informational level, to a wider audience of folks interested in careers in law teaching.

I also presented in a discussion group, sponsors by West Academic, on "Teaching to Engage."  Steve Friesland of Elon Law moderated the session.  I shared some of my "first class" and assessment simulations for business law doctrinal and experiential courses.  I learned from many others who shared their own ways of engaging students.  It was a rich discussion.

The anual SEALS "Supreme Court and Legislative Update: Business and Regulatory Issues" featured a presentation from me on a few cases and things to watch for from a legislative viewpoint.  I was joined on the panel by several super-fun business and administrative law colleagues.  One of them, Lou Virelli, posted a summary of the session on the SEALS Blog.  You can find it here.

Michigan State law prof Carla Reyes's "New Scholar" presentation of her draft paper currently entitled "Autonomous Business Reality," was fascinating.  I was proud to serve as her assigned mentor for this session.  I hope I lived up to that role, considering she is a leader in law-and-technology research and I already cite to her work on blockchain technology!  Humbling to be a mentor under those circumstances, for sure.

As part of the Free Speech Workshop, I related the history and current status of student free speech issues involving registered student organizations at The University of Tennessee, Knoxville, based on my experience as a faculty advisor to a controversial student organization on our campus.  That presentation was part of a larger discussion group on campus free speech issues.  My UT Law colleague David Wolitz was a co-discussant. Howard Wasserman of FIU Law summarized the session here.

Last--but certainly not least--I co-moderated/moderated two substantive law SEALS discussion groups.  

First, John Anderson of Mississippi College Law (with only a bit of help from me) organized and moderated a session entitled "Insider Trading Stories," in which participants focused on the narratives underlying insider trading cases--known and unknown.  This proved to be an incredibly robust and diverse discussion, highlighting issues in insider trading theory, policy, and doctrine.  Longer versions of some of the discussion group offerings will be presented at a symposium at UT Law in the fall, sponsored by the Tennessee Journal of Law and Policy (TJLP).  The TJLP will publish the edited papers in a forthcoming volume.  I was pleased to see BLPB co-blogger Marcia Narine Weldon in the room!

Second, I moderated a discussion group entitled "Benefit Corporation (or Not)? Establishing and Maintaining Social Impact Business Firms."  The program description of the session follows:

As the benefit corporation form nears the end of its first decade of "life" as a legally recognized form of business association, it seems important to reflect on whether it has fulfilled its promise as a matter of legislative intent and public responsibility and service. This discussion group is designed to take on the challenge of engaging in that reflective process. The participating scholars include doctrinal and clinical faculty members who both favor and tend to recommend the benefit corporation form for social enterprises and those who disfavor or hesitate to recommend it.

The final group pf participants included researchers/writers from the United Kingdom and Canada as well as the United States.  BLPB co-blogger (and newly minted dean) Josh Fershee was among the group, and BLPB co-blogger Marcia Narine Weldon was again in attendance. The discussion was spirited and there were more than a few "aha" moments for me.

All-in-all, a busy--but enlightening--week's work.

It soon will be time to propose programs for the 2020 SEALS annual meeting, to be held in Fort Lauderdale, Florida. The date of the conference is likely to be moved up to start on July 30 to accommodate the very early (and getting earlier) starts for schools in the Southeastern United States (and probably elsewhere, too). If you have business law program ideas or would like to moderate or participate in a business law program, please contact me by email. I find that this conference (especially the discussion groups) helps to energize my teaching and scholarship in meaningful ways. Perhaps you also would find this a great place to jumpstart the academic year.

August 5, 2019 in Conferences, Joan Heminway, Joshua P. Fershee, Marcia Narine Weldon, Research/Scholarhip, Teaching, Writing | Permalink | Comments (0)

Sunday, August 4, 2019

Position Announcement - Washington University Law

This just in from Adrienne D. Davis, Vice Provost. William M. Van Cleve Professor of Law, and Director of the Center for the Study of Race, Ethnicity & Equity at Washington University in St. Louis:

WASHINGTON UNIVERSITY SCHOOL OF LAW invites applications from entry-level or junior lateral candidates for tenure-track positions, to begin in the fall of 2020. We are particularly interested in corporate & securities law and constitutional law. Candidates must have at a minimum a JD, a PhD, or the equivalent in a related field. In addition, candidates should have strong scholarly potential and a commitment to excellence in teaching. Duties will include teaching assigned courses, researching and publishing scholarly work, advising students, and participating in law school and university service. Diversity and inclusion are core values at Washington University, and strong candidates will demonstrate the ability to create inclusive classrooms and environments in which all students can learn and thrive. The committee will be reviewing applications submitted through the AALS Faculty Appointments Register, but we are willing to consider materials outside of the FAR process.

Although we have no deadline, applications will have the best chance of full consideration if we receive them by August 19, 2019. Application materials should include a cover letter, a resume which includes at least three references, a list of publications, and up to three pieces of scholarly work. Please submit materials to Professor Susan Appleton, Chair of the Faculty Appointments Committee, Washington University School of Law, by emailing them to lawappts@wustl.edu.

Washington University in St. Louis is committed to the principles and practices of equal employment opportunity and especially encourages applications by those underrepresented in their academic fields. It is the University’s policy to recruit, hire, train, and promote without regard to race, color, age, religion, sex, sexual orientation, gender identity or expression, national origin, protected veteran status, disability, or genetic information.

Adrienne notes that she is on the committee, which is being chaired by Susan Appleton.

August 4, 2019 in Joan Heminway, Jobs | Permalink | Comments (0)

Monday, July 29, 2019

Social Enterprise Lawyering: More Than Mere Legal Competence is Required . . . .

For last year's Business Law Prof Blog symposium at UT Law, I spoke on issues relating to the representation of business firms classified or classifiable as social enterprises.  Last September, I wrote a bit about my presentation here.  The resulting essay, Lawyering for Social Enterprise, was recently posted to SSRN.  The SSRN abstract follows.

Social enterprise and the related concepts of social entrepreneurship and impact investing are neither well defined nor well understood. As a result, entrepreneurs, investors, intermediaries, and agents, as well as their respective advisors, may be operating under different impressions or assumptions about what social enterprise is and have different ideas about how to best build and manage a sustainable social enterprise business. Moreover, the law governing social enterprises also is unclear and unpredictable in respects. This essay identifies two principal areas of uncertainty and demonstrates their capacity to generate lawyering challenges and related transaction costs around both entity formation and ongoing internal governance questions in social enterprises. Core to the professionalism issues are the professional responsibilities implicated in an attorney’s representation of social enterprise businesses.

To illuminate legal and professional responsibility issues relevant to representing social enterprises, this essay proceeds in four parts. First, using as its touchstone a publicly available categorization system, the essay defines and describes types of social enterprises, outlining three distinct business models. Then, in its following two parts, the essay focuses in on two different aspects of the legal representation of social enterprise businesses: choice of entity and management decision making. Finally, reflecting on these two aspects of representing social enterprises, the essay concludes with some general observations about lawyering in this specialized business context, emphasizing the importance of: a sensitivity to the various business models and related facts; knowledge of a complex and novel set of laws; well-practiced, contextual legal reasoning skills; and judgment borne of a deep understanding of the nature of social enterprise and of clients and their representatives working in that space.

I hope that this essay is relatable and valuable to both academics and practicing lawyers.  Feedback is welcomed.  So are comments.  

Also, I will no doubt be talking more about aspects of this topic at a SEALS discussion group later this week entitled "Benefit Corporation (or Not)? Establishing and Maintaining Social Impact Business Firms," which I proposed for inclusion in this year's conference and for which I will serve as a moderator.  The description of the discussion group is as follows:

As the benefit corporation form nears the end of its first decade of "life" as a legally recognized form of business association, it seems important to reflect on whether it has fulfilled its promise as a matter of legislative intent and public responsibility and service. This discussion group is designed to take on the challenge of engaging in that reflective process. The participating scholars include doctrinal and clinical faculty members who both favor and tend to recommend the benefit corporation form for social enterprises and those who disfavor or hesitate to recommend it.

As you can see from the SEALS program for the meeting, the participants represent both academics (doctrinal and clinical) and practitioners who care about social enterprise and entity formation.   If you are at SEALS, please come and join us!

July 29, 2019 in Business Associations, Compliance, Conferences, Corporate Governance, Corporations, Joan Heminway, Lawyering, Social Enterprise | Permalink | Comments (4)

Sunday, July 21, 2019

Leading from Where We Are - Women's Leadership in Legal Academia

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Last Thursday and Friday, I had the honor and pleasure of joining a large group of women interested in law school leadership at the second annual Women's Leadership in Legal Academia conference.  The two days provided many opportunities for education and inspiration. Four of my UT Law colleagues started off the conference with a workshop focused on microaggressions.  My mini-workshop entitled "Leading from Where We Are" (picture above taken by fellow BLPB blogger Colleen Baker, who attended the session) followed.

The workshop extended my thoughts on leadership as a concept distinct from titles--thoughts I had touched on in an earlier blog post for the Leading as Lawyers blog. It also offered me the chance to describe an optimal organizational structure, with leaders at every key juncture.  In introducing my panelists, I noted leadership attributes that I had observed in each and told a related/relevant story about our relationship.  Then, we offered for discussion two hypothetical situations in which a faculty member is challenged to lead.  In each case, we started with small group work and followed through with a report-out to the "committee of the whole."  One of the hypotheticals involved a (potential) misunderstanding between the dean and the faculty, and the other related to a traumatic incident involving one or more students from one of your classes.  The small group discussions yielded excellent thoughts for consideration in the larger group forum.

Among the observations?  I will highlight just two here.  First, that the way a faculty member handles a potentially divisive situation involving the dean and the faculty may depend on the dean's leadership style (dictatorial or collaborative, e.g.) and the level of mutual trust between the dean and the faculty.  Also, in exploring the various ways in which a faculty member might address traumatic events known to the public (e.g., fires and floods) and those that are more private (e.g., a student death under unusual circumstances), we identified different levels of faculty comfort in addressing trauma in the classroom.  There was especial discomfort in addressing individual, personal trauma.

Colleen or I may have more to say about the conference in future posts.  I was thrilled with the creative energy generated by this panel.  I am grateful to have had the opportunity to share and learn.  What's more, organizing the session enabled me to reconnect with four fabulous leaders in legal academia and to meet many more.  A total "win" for me.

July 21, 2019 in Colleen Baker, Conferences, Joan Heminway, Law School | Permalink | Comments (0)

Monday, July 15, 2019

Liquor Retailers, the Commerce Clause, and Federalism (Oh, My!)

In Tennessee Wine and Spirits Retailers Assn. v. Thomas, the SCOTUS affirmed decisions of the Sixth Circuit and Federal District Court of Middle Tennessee finding Tennessee’s 2-year residency requirement applicable for retail liquor store license applicants unconstitutional as a violation of the Commerce Clause that is not saved by the 21st Amendment.  Specifically, in an opinion dated June 26, 2019, Justice Alito concluded that "Tennessee’s 2-year durational-residency requirement plainly favors Tennesseans over nonresidents" and, addressing the claim that Tennessee's regulation nevertheless is valid under Section 2 of the 21st Amendment, found that "the record is devoid of any 'concrete evidence' showing that the 2-year residency requirement actually promotes public health or safety; nor is there evidence that nondiscriminatory alternatives would be insufficient to further those interests."  This is a huge win for the alcoholic beverage retail industry nationwide, even of it is a deemed loss for smaller local liquor retailers in Tennessee who were protected by the stringent residency requirements (although the Tennessee Alcoholic Beverage Commission had stopped enforcing the requirements against new applicants).

[Note: BLPB reader Tom N. predicted this result in his comment to this Josh Fershee post earlier in the year.]

A number of things about the Court's opinion interest me and also may interest you.  First, the Petitioner, a trade association, chose to only challenge the Sixth Circuit's opinion on only one of the two residency requirements struck down at the Sixth Circuit level.  Second, the Petitioner chose not to argue that the initial application residency requirement could be sustained under the dormant Commerce Clause as a narrowly tailored measure designed to “advance a legitimate local purpose.”  Rather, the Petitioner chose to argue that the law could be sustained under Section 2 of the 21st Amendment because the residency requirement promoted public health and safety.  And finally, the Court's opinion includes some interesting history on alcohol regulation (including Prohibition) and the dormant Commerce Clause.

The dissent, written by Justice Gorsuch (joined by Justice Thomas), takes a states' rights viewpoint under Section 2 of the 21st Amendment.  The concluding text (citations have been omitted for readability) is somewhat passionate.

Like it or not, those who adopted the Twenty-first Amendment took the view that reasonable people can disagree about the costs and benefits of free trade in alcohol. They left us with clear instructions that the free-trade rules this Court has devised for “cabbages and candlesticks” should not be applied to alcohol. Under the terms of the compromise they hammered out, the regulation of alcohol wasn’t left to the imagination of a committee of nine sitting in Washington, D. C., but to the judgment of the people themselves and their local elected representatives. State governments were supposed to serve as “laborator[ies]” of democracy, with “broad power to regulate liquor under §2,” If the people wish to alter this arrangement, that is their sovereign right. But until then, I would enforce the Twenty-first Amendment as they wrote and originally understood it.

Nevertheless, I am more persuaded by the majority opinion.

Regardless, the opinions both offer some fun reading for those interested in the dormant commerce clause or in alcohol regulation.

[Editorial Note: I found a few typos in this after posting--enough that it bears mention here that I corrected them.  Thanks to coblogger Ann Lipton for spotting a particularly egregious spellcheck-generated error.]

July 15, 2019 in Constitutional Law, Joan Heminway | Permalink | Comments (0)

Friday, July 12, 2019

Law Student Health & Wellness

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This picture brings me joy.  It captures the mood among all of us (me, my UT Law emeritus colleague John Sobieski, and a group of UT Law students) after my last UT Law yoga session this past spring.  I need to begin to wrestle with how I will be able to teach yoga at the College of Law this coming semester, since I will be full-time back in the classroom teaching two demanding business law courses (Business Associations and Corporate Finance).  All ideas are welcomed . . . .

My law school yoga teaching came to mind this week not because I am already deep into planning the fall semester (although that comes soon) but because of two independent health/wellness items that hit my radar screen this week.  First, I was reminded that the Knoxville Bar Association (of which I am a member) is offering a full-day continuing legal education program in September entitled "Balancing the Scales of Work and Wellness - Finding Joy through Self-Care Practical Advice & Wellness Strategies".  Second, I learned today that my UT Law colleague Paula Schaefer penned a nifty post yesterday on the Best Practices for Legal Education blog: Examples of How Law Schools are Addressing Law Student Well-Being.  She mentions yoga, although not our UT Law classes.  It seemed that I was being focused on self-care, and that made me think about our UT Law yoga sessions (and the above picture) . . . .

All of this reminded me that I should recommit myself to my goal of learning more about mental health issues and promoting mental health awareness this year.  Health and wellness are far more than physical.  They are emotional and psychological.  I may just try to attend the Knoxville Bar Association program (or part of it).  And I plan to be attentive to the ideas mentioned by Paula in her blog post.

Enjoy the weekend!

July 12, 2019 in Ethics, Joan Heminway, Wellness | Permalink | Comments (2)

Monday, July 8, 2019

Family Business: Churchill's

Churchill'sPort

Avid BLPB readers may have noticed that I failed to post on Monday of last week.  I was traveling from Portugal to Spain that day.  I did plan to make this post then, but travel scrambles (thanks to the Porto metro) and delays (thanks to Ryanair) prevented me from getting to a computer with Internet access until late in the day.  By then, I was too exhausted to post.  So, you get last Monday's post this Monday!  No harm done; this post is not time-sensitive.

Ever heard of Graham's port?  The Graham's port lodge was founded by brothers William and John Graham back at the beginning of the 18th century.  Fast-forward 150 years, and the Graham family sells the then-very-successful Graham's port business to another family.  That second family still runs the Graham's business today.

But a Graham descendant still wanted to be in the port business.  He thought he had a "better way."  So, 11 years after the Graham family sold Graham's, John Graham (not the same one, obviously!) established the Churchill port lodge.  Here's what the Churchill's website says about its formation as a business:

Churchill’s was founded in 1981 by John Graham, making it the first Port Wine Company to be established in 50 years. The Founder wanted to continue his family’s long Port tradition but at the same time create his own individual style of Port. He named the Company after his wife, Caroline Churchill.

I went to a port wine tasting at the Churchill's lodge in Vila Nova de Gaia, Portugal last Monday with my husband and daughter.  We tasted the uniqueness of the Churchill's product.  (My daughter, who is not a port wine fan, actually enjoyed what she tasted at Churchill's.)  The wine is less sweet than one would expect from a port wine.  John Graham himself explains why:

My Ports are made with as much natural fermentation, and with as little fortification brandy, as possible. I like to make wines in the most natural way. Above all I look for balance. I believe I brought this balance to Churchill’s Ports. There is a consensus around the characteristics that define our house style which are easily identified.

While we were at the tasting, we took a tour and learned the basic facts I relate here.

I was enchanted by the business story!  Headline: A Graham founds Churchill's after the Graham family sells Graham's.  A bit confusing, but a great narrative involving family business, M&A (and corporate finance more generally), intellectual property, business formation, and more.  We learned, for example, that the grapes are foot-treaded (stomped on by human feet).  Imagine the interesting employment questions.  (The shifts are twelve hours and there are stems and seeds in with the grapes . . . .)  And the tasting is still done by John Graham himself, raising questions about key man insurance and business succession planning.   (We were told that John Graham has chosen a successor taster--not a member of the family.  But we did not ask about management.)  Finally, a major real estate acquisition--buying a vineyard (Quinta da Gricha) with a special terroir--is part of the tale.

I am scheming to find ways to integrate what I learned into my teaching this year.  I know I will find places to work aspects of the story in--particularly in Advanced Business Associations and Corporate Finance.  Because I teach on a dry campus, no wine tasting will take place during the lessons.  But maybe an optional out-of-class session could be planned.  Hmmm . . . .

July 8, 2019 in Corporate Finance, Employment Law, Family Business, Joan Heminway, M&A | Permalink | Comments (0)

Friday, July 5, 2019

Call for Papers - The Dark Side of Entrepreneurial Finance

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The dark side of entrepreneurial finance

Editors: Arvind Ashta, Olivier Toutain

Theme of the special issue

Whether we are talking about start-ups, more recently "grow up" or more broadly about company creation-takeover, entrepreneurial finance attracts a lot of attention, from the entrepreneurs' side and from the side of private and public financing organisations and the media. Entrepreneurial finance includes Founder's equity, Love Money, Business Angel, Venture Capital, LBO Funds, banks, IPOs and various alternative financing treated as shadow banking: micro-credit, loan sharking, leasing, crowdfunding, Initial Coin Offerings, among others (Block, Colombo, Cumming, & Vismara, 2018; Wright, Lumpkin, Zott, & Agarwal, 2016).

Financing is considered as an inherent dimension of the entrepreneurial development process (Panda, 2016; Yunus, 2003). Without financing, there is no investment and, therefore, little chance of starting a business with adequate production tools and an organization capable of absorbing the trials and tribulations of starting and developing entrepreneurial activities. Without funding, the risk of lack of legitimacy is also high: what does it mean in the entrepreneurial ecosystem not to have the support of one or more funding agencies? More so in the start-up world! Is that conceivable? Finally, can the entrepreneur now free himself from financial support, even if he does not really need it to start his business? If the reasoning is pursued further, does the entrepreneur have a choice? In other words, is it possible to create and develop your company without mobilizing the financial resources of the territory? Without entering into a financial system and ecosystem that regulates the creation and takeover of companies in a territory? Or a system that pushes the entrepreneur to finance so much that the system itself collapses by bringing forth a financial crisis (Boddy, 2011; Diamond & Rajan, 2009; Donaldson, 2012; Guérin, Labie, & Servet, 2015; Mishkin, 2011).

Applying for funding today is often considered as a difficult adventure: is it really a fighter's path given the particularly numerous mechanisms in France? But are they also numerous in Europe? In the world? Is the cost of financing transparent or hidden (Attuel-Mendes & Ashta, 2013)? In any case, to adventure is to walk and remove obstacles while following a guide... often at the funder's request... which is often called coaching or mentoring. Or following the guide, sometimes - or often, depending on the reader's appreciation – results in respecting rules, imposed steps, in short, to adopt a good conduct... to such an extent that the entrepreneur can lose track of his North Star, or at least part of his project, modified by "pitching" and integrating the comments, suggestions, strong suggestions of potential funders... In other words, if we push the reflection further, the accompanying logic proposed in the form of good intentions by the funders of an ecosystem, are they not likely, by force, to respond to external constraints, to generate effects opposite to expectations: inhibited entrepreneurs, whose project has lost its originality, vitality and excellence through the coaching or mentoring of initially imagined value creation (Collewaert, 2009)? Isn't the finance injected into the support systems finally a Dr Jekyll and Mr Hyde of entrepreneurship? In other words, if it constitutes an unprecedented measure of support for entrepreneurial growth in the world, does it not at the same time generate "antipreneurial" effects? Normative and highly biased, do financial actors deserve such a place in the creative process? What is it that basically legitimizes their central place? (Bateman, 2010; Sinclair, 2012) What is the hidden face of entrepreneurial finance (Henderson & Pearson, 2011; Krohmer, Lauterbach, & Calanog, 2009; Toe, Hollandts, & Valiorgue, 2017)?

The purpose of this issue is to extract itself from the normative fields and discourses that highlight, in the vast majority of cases, the important role of finance in the development of entrepreneurship, whether purely economic, social or environmental. In other words, we are asking ourselves here about the secondary, even hidden, effects of finance on the emergence and development of new companies in France and around the world.

The proposals will address, among other things, the following topics:

  • What place does finance occupy today in the feeling of success and accomplishment of an entrepreneurial activity?
  • How do entrepreneurs interact with potential funders?
  • How do funders dialogue with each other?
  • How do funders make their investment decisions? Rationality, Short termism, information asymmetry....
  • How do entrepreneurs and funders negotiate? On which elements of the project or company? Are there any losers? What is lost in the process?
  • How does the relationship between entrepreneurs and funders change over time?
  • Can finance harm the value creation produced by entrepreneurial activity? Can it affect entrepreneurial freedom?
  • Is it possible to free oneself from financing circuits? How?

Finally, what is the dark side of entrepreneurial finance?

Timeline:

Submission of texts: By April 30, 2020 at the latest

Publication: March 2021

[I have omitted here the list of references supporting the text citations.  Please contact me by email if you would like a .pdf copy of the call for papers that includes the list.  There is more information after the jump.]

Continue reading

July 5, 2019 in Call for Papers, Corporate Finance, Entrepreneurship, Joan Heminway, Research/Scholarhip | Permalink | Comments (0)