Journal articles on the topic 'Corporate sponsorship – germany – case studies'

This article explores why women's sport in Australia still struggles to attract sponsorship and mainstream media coverage despite evidence of high levels of participation and on-field successes. Data are drawn from the largest study of Australian print and television coverage of female athletes undertaken to date in Australia, as well as from a case study examining television coverage of the success of the Matildas, the Australian women's national football team, in winning the Asian Football Confederation (AFC) Women's Asian Cup in 2010. This win was not only the highest ever accolade for any Australian national football team (male or female), but also guaranteed the Matildas a place in the 2011 FIFA Women's World Cup in Germany [where they reached the quarter-finals]. Given the close association between success on the field, sponsorship and television exposure, this article focuses specifically on television reporting. We present evidence of the starkly disproportionate amounts of coverage across this section of the news media, and explore the circular link between media coverage, sponsorship and the profile of women's sport.

Purpose – The purpose of this paper is to better understand the sensemaking strategies of managers involved in making decisions concerning arts sponsorship. Design/methodology/approach – A qualitative, multiple case method is employed, using multiple informants in ten arts sponsorship decisions. Within and between case analyses were conducted and examined iteratively, along with literature to generate themes to guide future research. Findings – This study finds art sponsorships may be seen as ambiguous, cueing sensemaking; the sensemaking strategies of senior managers involve response to pro-social cues while middle managers draw on commercial benefit cues; sensebreaking and sensegiving are part of the process; and the actors and their interpretations draw from cues in the organisational frames of reference which act as filters, giving meaning to the situations. Research limitations/implications – This study presents a novel perspective on these decisions, focusing on the micro-level actions and interpretations of actors. It extends current understanding of sponsorship decision making, contributing to a perspective of managers responding to cues, interacting and making sense of their decisions. Practical implications – For arts managers, this perspective provides understanding of how managers (potential sponsors) respond to multiple cues, interpret and rationalise arts sponsorships. For corporate managers, insights reveal differences in sensemaking between hierarchical levels, and the role of interaction, and organisational frames of reference. Originality/value – This study is unique in its approach to understanding these decisions in terms of sensemaking, through the use of multiple informants and multiple case studies.

Purpose Based on the increasing significance and proliferation of sports marketing and sponsorship, it is important to explore the state of sports marketing and sponsorship research, assess the development of sponsorship-related research, and grasp its future directions. Thus, the purpose of this paper is to help scholars understand future research directions to improve our knowledge of sports marketing and sponsorship. Design/methodology/approach This study used content analysis that incorporated three multidimensional measures and applied social network analysis in order to identify the knowledge structure of sponsorship research. The authors conducted content analysis to assess the status of the nature of sports marketing and sponsorship in the International Journal of Sports Marketing & Sponsorship (IJSMS). The authors coded 282 articles published in the IJSMS from 1999 through 2015 using three multidimensional measures. Findings Analyzing research trends in specific academic fields helps improve and provide understanding of research practices and future research directions to improve knowledge, in this case about sports marketing and sponsorship. This study is the most up-to-date research trend study regarding sports marketing and sponsorship (December 2015). Compared with previous trend studies that have focused on research purpose, research perspective, statistical method, and subject area, this study offers a more detailed analysis based on a wider set of concepts such as game types, individual authors, affiliated organizations, countries of origin, etc. Furthermore, social network analysis was used to identify the knowledge structure of sponsorship research in the IJSMS. The study provides valuable insight into the challenges marketers and scholars face as they implement a more market-centric business strategy. Research limitations/implications The study aims to highlight the knowledge structure of sports marketing and sponsorship using social networking analysis. In order to highlight specific research area trends, the process of development should be explored together with the intellectual structure of sports marketing and sponsorship research using “Author Co-citation Analysis”. Such an analysis would provide the advantage of incorporating the development process into sports marketing and sponsorship research. Practical implications Marketers and researchers have long explored the effects of sponsorship, an alternative marketing strategy to commercial advertising that involves placement of brand images and logos on athletes’ uniform and equipment as well as on structural elements of sports venues. Sponsoring the Olympic Games or the World Cup enables marketers to leverage the exposure made possible at a global sporting event, producing favorable responses to sponsoring companies. From a marketing communication perspective, this study makes a valuable contribution to the literature by reviewing the diversity of articles and the knowledge structure of those articles. The results should benefit marketing studies by offering crucial strategic implications for marketers seeking to adopt future sponsorship strategies. Originality/value The results provide valuable insights that can improve the understanding of the knowledge structure of sports marketing and sponsorship and suggest planning and directions for research on similar topics. This study’s findings provide insight into the challenges marketers and managers of corporate sports marketing firms face as they implement a more market-centric business strategy.

This paper studies corporate governance, investment, value creation and their effects on corporate performance in some European countries and in particular in France. It accounts for specific aspects of investment performance, governance, management and entrepreneurship. Corporate governance systems can be identified by the degree of ownership and control and the identity of controlling shareholders. In outsider systems characterized by wide dispersed ownership as in the U.S and UK, the main specificity is the conflict of interest between strong managers and widely-dispersed weak shareholders. In insider systems characterized by concentrated ownership or control as in Germany and Japan, the main specificity is the conflict of interest between controlling shareholders (or block holders) and weak minority shareholders. There are several models of corporate governance since each country has developed a variety of mechanisms to overcome agency problems arising from the separation of ownership and control. Some results are reported using a data base conceived by IPAG students.

Corporate social responsibility has become an important topic for Business Company, especially since the business sector of financial services is related to conditions of uncertainty. The general objective of this study was to determine the impact of corporate social responsibility on organizational performance with a case study of Bralirwa Limited. Specifically, the objectives were to determine the nature of corporate social responsibility practiced in organization, to assess the contribution of corporate social responsibility on organizational performance, and to evaluate the relationship between corporate social responsibilities on organizational performance in Bralirwa Limited. The descriptive research design was applied with qualitative and quantitative approaches. This study used only the secondary data. The information collected on Bralirwa Limited websites. Over the last twenty years the Bralirwa Limited expended very fast, it has enhanced their times and the scale bigger than ever. Many studies discuss brand and market strategies but few to work on how Corporate Social Responsibility influence financial performance of the Company. On the nature of corporate social responsibility practiced by Bralirwa Limited it was established that Bralirwa Limited implemented some activities which contribute to the communities’ life being development. Those activities include that Bralirwa Limeted provided the Sponsorship of 21 million Rwf to support the Bye Bye Nyakatsi project that were retrieving disadvantage and poor families from grass thatched houses in Bugesera District. On the impact of corporate social responsibility (CSR) on organizational performance, it showed that CSR have a significant impact on the organizational performance of a company like Bralirwa in several ways as summarized by (Lee& Shin 2010) (1) it is easiest to attract resources, (2) it can obtain quality employees, (3) it easier to market product and services, (4) it can create unforeseen opportunities and (5) it can be an important sources of competitive advantage. The study concluded that Bralirwa Limited has the good believes in making a difference to the community in which it operates. The Bralirwa’s key theme in its CSR programs/activities undertaken is guaranteeing sustainability across all aspects of its business by improving environmental impact, empowering their communities, and positively promoting the role of the company’s CSR in communities. For the up-to-date information on Bralirwa's CSR initiatives and their impact on organizational performance, study recommended referring to the company's official reports, statements, and disclosures, as well as consulting with financial analysts or experts who specialize in CSR evaluations. Keywords: Corporate Social Responsibility, Organizational Performance, Bralirwa Ltd, Rwanda

From a corporate-side perspective, the communication of reputational actions and news of companies becomes critical for success. However, in communication, business, and management studies, heuristics can be understood as simple cognitive processes that allow assessments, predictions, and decisions to be made quickly and efficiently by consumers and economic agents. This aspect can sometimes lead to cognitive biases, especially when little information is available or in situations of high uncertainty. The aim of this research is to investigate the influence of heuristic judgments in social media on corporate reputation ratings obtained in Spanish leader companies. Using data collected in Spain, this paper analyzes the influence of heuristics concerning news items on corporate reputation, measured by the Monitor Empresarial de Reputación Corporativa (MERCO) Index. The main finding of this paper is that the total number of news items has a positive effect on corporate reputation, particularly in the categories of culture-values, results/image, expansion, and sponsorship/donations. Additionally, this work serves as a repository of knowledge applicable to similar situations considering the specificities of each particular case. The importance to intervene on certain variables at different levels of managerial performance is described and implications for companies are discussed in these pages.

Digital technologies bring a wide range of new opportunities, for both retailers and consumers, but retailers face, and may have to address, several new sets of responsibility issues as they progressively introduce these technologies. These responsibilities are increasingly being captured in the concept of corporate digital responsibility (CDR) but CDR within the retail industry has received little, or no attention, in the academic literature. This paper looks to make a small contribution to addressing that gap in the literature. The paper includes some definitions of CDR, an outline of the concept and scope of CDR, two cameo case studies which provide a simple illustration of some of the ways in which the Rewe Group and the Otto Group, two of Germany’s leading retailers, choose to publicly address CDR, and offers some reflections on retailers and CDR. The paper suggests that there are, potential tensions between the retailers’ management of the economic and the social dimensions of CDR, and that there are issues about whose best interests are served by CDR and the difficulties involved in making such judgements. Keywords: corporate digital responsibility, retailing, digital technologies, case studies, Germany

This paper explores the Naha Confucius Temple case, resolved by the Supreme Court in February 2021, in light of postwar decisions on Articles 20 and 89 of the Japanese constitution. Religion is a contested category in Japanese legislation, appearing both in the constitution and in laws regulating the freedoms and restrictions of legally registered religious organizations. While the organization behind the Confucius Temple in Naha was registered as a general corporate juridical person, the majority opinion sided with the plaintiffs’ argument that the free lease granted to the temple by the municipality of Naha constituted a violence of the ban on public sponsorship of religious institutions and activities. In order to reach their decision, the Supreme Court and the lower courts not only had to decide on whether Confucianism was a religion or not, but also on whether the organization behind the temple—a group dedicated to the history and memory of the Chinese immigrant community in Naha—should in fact be considered a religious organization. The outcome of the case is a good example of religion-making in courts of law, with a central institution of power employing notions of sui generis religion to regulate and define civil actors.

In this work, we attempt to examine the role of strategies like arts sponsorship and culturalism in the solution of immigrant youth issues around a specific immigrant place. This is a case study that focuses on the NaunynRitze Youth Centre in Berlin-Kreuzberg, which was presented as a successful example by policy makers and the public in the 1990s when the footsteps of the crisis of multiculturalism had begun to be heard in Germany. Our research shows that the social engineering strategies shaped around a multikulti production base are not permanent or sustainable as long as these institutions are also given the responsibility of eliminating the cycle of crime and violence in addition to promote individual artistic development and subcultural entities. As long as political figures and the public opinion continue to generally see the immigrant youth as a danger to the secure and untarnished development of society, it does not appear possible for the multiculturalism and the immigrant youth work system to develop.

This paper explores the extent to which the law in the UK , Delaware and Germany imposes an obligation on directors of solvent public companies to take into account the long-term consequences of their decisions while establishing the content and scope of long-termism in these three legal systems. This research draws on the academic literature and performs a gap-filling exercise by identifying examples of long-term decision-making in these jurisdictions, as well as examples of decision-making and conduct that is not long-term in nature. In the gap-filling exercise, case studies are presented in the context of (i) the contemporary shareholder v. stakeholder debate in corporate governance scholarship and (ii) the relevance of the share ownership structure of the company. These two important debates are used as variables to cast light on the ambit of the notion of long-termism, and the structural differences and similarities between the corporate governance systems and concepts of long-termism in the UK , Delaware and Germany.

The use of case studies in education is prevalent. The type of case study analyzed in this paper is the manual or the computerized “project” case study. Students are given a set of real-world transactions to process either in a manual accounting information system (AIS) or a computerized AIS. The most popular computerized AIS in the United States is QuickBooks. In Germany, the market standard is DATEV, allowing extensible solutions from “pure” bookkeeping up to complete ERP systems. A manual project is popular in AIS courses to ensure students are exposed to all the steps and integration necessary for a fully functioning system. One famous manual case study in the US is the Systems Understanding Aid Case Study from Armond Dalton Publishers. I tried to find examples of a full-blown (15 to 20 hours) manual case study in Germany but was unsuccessful. How the students used the DATEV case study and its integration with tax software for corporate and individual taxes became the direction that my research took as I spent time with German colleagues. I sought to answer questions like–how long does the project take students? Do they work together or independently? How much of the project is completed during classroom hours/settings with guidance from the instructor? Does the project represent a significant portion of their grade?

This article studies how German firms evaluate a recent national corporate social responsibility (CSR) law based on a European Union directive and the burden they expect regarding their organizational responsibilities due to mandatory sustainability reporting. One hundred and fifty-one firms of different sizes directly or indirectly affected by the law are included in the survey and their responses empirically analyzed using two-tailed t-tests and simple linear regression. Anchoring the discussion in stakeholder theory and the small and medium-sized enterprise (SME) literature while considering large-firm idiosyncrasies, the results show differing effects on SMEs and large firms as well as firms which are directly and indirectly affected. Findings show that firm size only matters for the evaluation of the law by directly affected firms, while size does not matter in the case of indirectly affected firms. Possible moderators of this evaluation are grounded in the resource-based theory and formalization of CSR. This article contributes to the understanding of when firm size matters in the case of mandatory sustainability reporting and underlines the role of organizational resources and capabilities as well as the special position of SMEs.

Throughout the twentieth century and into the twenty-first century, economic interests and systemic racism ensured the prohibition of cannabis. Such socio-political implications resulted in the criminalization of innumerable consumers; the infringement on civil liberties, in this regard, has been considerable. To counteract such policing, the Liberal Party of Canada legalized cannabis on 17 October, 2018. Despite motivating factors like shrinking the black market and relieving the judicial system, no significant social reparations have been realized. Rather, the publicly traded sector of the cannabis industry was prioritized and has seen enormous upside leading up to and after legalization, with corporate cannabis companies growing domestically and internationally. In this sense, Canada’s legalization continues patterns of prohibition: sacrificing civil liberties for economic interests. This prioritization of capital also affects countries in which cannabis companies established subsidiaries and partnerships—such as in Germany, Jamaica, and Colombia—where despite continued prohibition, companies receive special privileges while citizens are subject to the law. Although regulations differ on a case-by-case basis, corporate motivations inform cannabis prohibition and legalization—market interests guide the international spread of legalization. This article approaches the implications of ongoing cannabis-prohibition, in contrast to its legalization in select geopolitical regions, to analyze the Kafkaesque nature of substance-control that is inherently tied to economic motivations, and which take precedence over social equity. In this sense, the regulation of plant-material works in tandem with regulation of society, by which a certain order is sought to be maintained for the sake of political power and economic profitability.

Learning outcomes The main teaching objective for the case is for students to build a better understanding of how to advance women (and other minorities) in the workplace through mentorship. This is achieved through recognizing the wide variety of issues that enable and constrains women’s advancement in the workplace; defining mentoring, sponsorship, coaching and networking; and highlighting how mentoring, sponsorship, coaching and networking can overcome the challenges of facing women’s advancement in the workplace? Case overview/synopsis The case study explores the role of senior women leaders in the career advancement of other women in the workplace. It helps us understand how mentoring can address the low prevalence of women at senior levels despite companies’ efforts to advance women. The case profiles the career and leadership journey of a senior female executive, Maserame Mouyeme. It documents her rise from the dusty streets of Soweto, South Africa to become one of the first black female executives in several corporate contexts across Africa and especially at Coca-Cola. The case illustrates her practice of mentoring and its impact on her and others’ careers. Also illustrated is Mouyeme’s leadership style, mentoring approach and workplace experiences. Students deliberate Mouyeme’s dilemma: whether to continue to advance a new generation of women leaders or whether to focus on her core role of building the business she is responsible for. The selected research method is a teaching case study, grounded in an exploratory approach. Primary data was collected via semi-structured interviews with the protagonist and four of her mentees. Secondary data was collected via studies about the protagonist and the companies she has worked for in her career. The case provides empirical insights about the role of leaders and especially women, in advancing women. The case shows the approaches in which organizations can advance women. It also shows how emerging leaders can better manage their own careers. The case deepens knowledge of women advancement and career development. Complexity academic level The case is appropriate for post-graduate level study, including MBA-level. It is also appropriate for use on executive development programs. Supplementary materials Teaching Notes are available for educators only. Subject code CSS 6: Human Resource Management.

Customer Relationship Management (CRM) has emerged as a must-have capability for the modern firm irrespective of size and sector. The importance of CRM can be attributed to the need for today’s businesses to be customer-centric or customer-focused. As a business strategy, CRM seeks to develop and improve relationships with targeted customers to optimize customer value, competitiveness, and corporate profitability. While CRM has a truly strong business case, approximately 70% of CRM implementation projects do not create the intended business value. With this in mind, this work has reviewed relevant literature and explored 8 CSFs that can guide SMEs wishing to successfully implement CRM projects. The 8 CSFs cover the people, technologies, and processes – the core elements of a CRM strategy. In particular, the 8 CSFs include senior leadership sponsorship, customer-oriented CRM strategy, effective change management, customer data quality and availability, human resource management, the right CRM technology, CRM implementation methodology, and systems integration. Future studies may consider ranking the significance of the 8 CSFs based on the findings of an empirical research.

The article is devoted to the role of information in corporate relations and the means of its impact on the ability of the participants of these relations to defend their rights. Comparative aspect of corporate rights (including the right of shareholders to information) is very topical regard to new problems in Ukrainian company law and the need to improve the existing legal mechanisms. The results of previous studies by scientists such as O. Syrodoeva, W. Batler, H. Kibenko, A. Pendak Sarbuh and others, need further development because of the changes occurring in corporate relations and variety of legal means used in international company law. The right to information is one of the fundamental corporate rights, ensuring the realization of other rights of shareholders. Only having relevant information these persons may decide to participate in the management of company and, respectively – vote in making decisions by general meeting and exercise other rights and protect their interests. The importance of the right to information is seen by the example a number of shareholders' rights (the right to file a derivative action, the right to appraisal and payment for shares, etc.), as well as the means of their realization and defence in case of violation. Considering the legal mechanisms for implementation the above corporate rights, the author addresses the international experience (USA, Germany, the Russian Federation) to identify the most effective mechanisms for ensuring the interests of shareholders in case of violation their rights. The current company law of Ukraine was analyzed. It’s identified defects of legal regulation that complicate the realization of the right to information and related corporate rights. The results of this analysis have allowed to suggest ways of improving the legal regulation of corporate relations (in particular, concerning information aspects of the aforementioned rights) on the basis of international experience.

Especially established industries, like the chemical and pharmaceutical industry, rely on effective and efficient technology transfer to maintain their competitiveness. Academic spin-offs, corporate spin-outs, and internal start-ups, as different types of new ventures, can be used for technology transfer from universities and research institutions to companies as well as between or within companies. Especially internal start-ups are a new approach for company internal technology transfer from research departments to business units. Based on 12 case studies from the chemical and pharmaceutical industry in Germany and Switzerland, which were identified and developed by narrative interviews with new ventures and parent organisations, like companies, universities, and research institutions, technology transfer through new ventures has been analysed. Despite the various backgrounds and challenges, the different types of new ventures show much more similarities than dissimilarities. Therefore, learnings from academic spin-offs can be transferred to corporate spin-outs and internal start-ups in the context of technology transfer.

Purpose – The purpose of this study is to provide a better insight into the role of national cultures on the management and design of workplaces of multinationals in different countries. Design/methodology/approach – This explorative study is based on an extensive literature review of dimensions of a national culture in connection to corporate real estate management, interviews with ten representatives of multinationals on corporate real estate strategies and workplace characteristics and a multiple case study of two multinational firms with site visits and observations at offices in The Netherlands, Germany and Great Britain. Findings – Whereas all interviewed companies had their real estate portfolio to some extent aligned to the local national culture, none had a strict central policy about this issue. Differences in workplace characteristics were mainly caused by the involvement of local people in workplace design. Using Hofstede’s cultural dimensions, the case studies showed relationships between masculinity of a culture and the expression of status and between uncertainty avoidance and openness to innovation; however, no relationships were found related to differences in power distance and short-/long-term orientation. Research limitations/implications – The case studies were conducted in three European Union countries. Due to practical reasons, most interviewees were Dutch. Additional empirical research including more different national cultures is needed to advance more unequivocal conclusions and to develop a clear set of guidelines for decision-making. Practical implications – The findings stress the importance of finding a balance between aligning facilities to business purposes and meeting the needs of different (groups of) employees in multinational environments. Originality/value – Although much has been written about national culture, not much research is yet available in connection to facilities management and corporate real estate management.

This article advances research on external urban relations by drawing attention to the role of temporary project-based economic organisation in the formation of inter-firm links between cities. Through a novel empirical examination of (trans)national co-production in the motion picture industry, we reveal how such projects transcend the boundaries of individual production clusters and link urban centres within specific network configurations. Stripping away the ‘top layer’ of Hollywood’s commercially successful feature films, we undertake a social network analysis of film productions in four markets across three continents – China, Germany, France and Brazil – to provide a unique comparative analysis of networked urban geographies. Our findings show that film production networks are grounded in existing structural relations between cities. The spatial forms of these networks range from monocentric in the case of the French film market, to dyadic in the case of China and Brazil, to polycentric in the case of the German film market. Conceptually, we argue that adopting an inter-firm project-based approach can account for the ways in which complex patterns of inter-firm production relations accumulate to form (trans)national city networks. Viewing city networks in this way provides an important alternative perspective to dominant conceptualisations of global urban networks as formed through corporate intra-firm relations.

This paper develops a signaling model of corporate lobbying in democratic capitalist societies to analyze the conditions that lead to a powerful political position of business. Proceeding from the traditional dichotomy of structural economic determinants versus business' political action, our model predicts the conditions under which elected political decisionmakers modify their policy pledges to accommodate business' political preferences, or override business' lobbying messages and honor their pledges. Our results show that the structural power of business over public policy is contingent on two variables: the size of reputation costs of business in relation to its material costs of lobbying; and the ratio of the policymaker's reputation constraints from policy commitments and campaign pledges to the electoral costs arising from adverse effects of policy. We evaluate our model using case studies of business lobbying on environmental and financial services regulation in Britain and Germany.

The aim of this paper is to verify whether participatory depositors, a special category of stakeholder that entrusts its savings to the Islamic Bank on the basis of the Profit and Loss Sharing principle, could be better protected by providing for them to be represented in the governance bodies of the Bank.The analysis that was carried out and consideration of potential risks this category of saver could be exposed to shows the need to ensure greater protection to participatory depositors compared to other stakeholders. Three working hypotheses on the protection method to be applied are formulated.The study was carried out on the basis of a comparative analysis of four case studies from Malaysia, Morocco, Germany and Italy respectively.The performed analysis has led to the conclusion that the representation of participatory depositors should be provided in specific corporate governance committees.

Purpose The purpose of this paper is to focus on emerging market companies that internationalize into advanced economies by means of acquisitions and to investigate brand management during post-acquisition integration from a multi-level perspective and to identify how a brand management strategy can be constructed. It takes into account the influences of country-of-origin image, corporate brand and brand portfolio to obtain a granular view of post-acquisition brand management. Design/methodology/approach A multiple case study approach was adopted. By using case studies and storytelling qualitative research methods, the empirical setting was related to the acquisitions undertaken by Chinese companies in Germany. Findings The authors identified three mechanisms for brand management in the post-acquisition integration of emerging market companies – namely, transferring, dynamically redeploying and categorizing – that underpin the interconnection and combined influence of country-of-origin image at the national level, corporate brand at the organizational level and brand portfolio at the product level. Practical implications Brand has been viewed as a strategic asset in Chinese cross-border mergers and acquisitions (M&As). Brand management is a dynamic process that involves learning and interaction between the acquirer and target. The research offers a practical guideline for both acquirers and targets in managing brand in the context of acquisitions undertaken by emerging market companies in advanced economies. Originality/value The findings provide important insights into the brand management strategies adopted in Chinese cross-border M&As in particular, and emerging market companies venturing into advanced economies in general. The interlinking of country, company and product levels introduces new ideas to the brand literature related to acquisitions, and the setting of Chinese companies acquiring German ones constitutes an important contribution to the understanding of the different ways in which companies from emerging economies may pursue branding strategies in the context of cross-border M&As.

Purpose This paper aims to examine dynamic multi-stage post-merger integration (PMI) evolutions by Chinese multinational enterprises (CMNEs) in the German market and their potential influencing factors. Design/methodology/approach A data set was collected from 25 interviews with 21 respondents from six Chinese acquisition cases in Germany, and a comparative multi-case study and content analysis were applied. Findings The results reveal that Chinese acquirers take segmented linear integration path in Germany from nearly no integration to organisational integration and then to production integration. It contains three sub-paths: the P-O-O path (partnering–organisational optimisation–production optimisation), the P-P-P path (preservation–organisational preservation–production preservation) and the P-C-C path (preservation–organisational centralisation–production confusion). The initial nearly no integration condition is mainly impacted by asymmetric information and the targets’ strategic positions, whereas different organisational and production integration degrees in mid- and long-term stages are primarily influenced by Chinese acquirers' different dynamic capabilities. Moreover, Chinese acquirers' corporate ownership is not found to be a significant factor that influences CMNEs to take different integration strategies in different PMI stages. Research limitations/implications This paper contributes to broaden emerging multinational enterprises’ (EMNEs) PMI theory by adding dynamic perspective and provides suggestions for mergers and acquisitions (M&As) practitioners to identify integration options and avoid integration pitfalls in different integration stages. Originality/value Existing works identified that EMNEs prefer to partner with the targets in advanced markets, but lacked a dynamic perspective to disclose whether the partnering strategy would be adjusted or not over time. This study is the first to explore multi-stage integration changes and is one of the few studies that recognise the interaction of the integration strategy with the dynamic capability of the acquiring enterprises.

Foundations and philanthropy currently play a very limited role in the Swedish welfare. The same is true in fields like Culture and Recreation or International Activities. Only in the case of funding of research do Swedish foundations exhibit a role possible to define in terms of substitution rather than weak complementarity in relation to government. Despite marginal positions for philanthropy, Sweden displays a wealthy as well as growing foundation population, which seems like a paradox, at least in comparison to the situation in Germany and the United States where foundations traditionally play a more visible and pronounced role in society. A striking difference between the Swedish foundations and their U.S. or German counterparts is their weak bonds to religious communities or causes. Instead, we can identify in our new data set a growing segment of the Swedish foundation world that is affiliated with other parts of civil society. The same is true for the category of independent foundations, which points toward the U.S. model. We find in the article some limited support for a “philanthropic turn” in Sweden, but overall the foundation world is still deeply embedded in the social contract and strong Social-Democratic regime of the 20th century. In comparison to neighboring Scandinavian or Nordic countries, both similarities and differences are identified where, for example, the Norwegian case display a much larger segment of operating foundations, closely affiliated with government, while in Denmark, on the other hand, the corporate-owning foundation seems to be a much more important form than in Sweden.

Risk management is implicit in transportation business practices. Administrators, planners, and engineers coordinate many organizational and technical resources to manage transportation network performance. Transportation agencies manage some of the largest and highest-valued public assets and budgets in federal, state, and local governments. It is the agencies' corporate responsibility to set clear strategic goals and objectives to manage these assets so economic growth and livability of their regions improves and the public gets the best value. Risks can affect an agency's ability to meet its goals and objectives. As network and delivery managers, these agencies must identify risks, assess the possible impacts, develop plans to manage the risks, and monitor the effectiveness of their actions. This paper presents the results of (a) a comprehensive literature review, (b) a state-of-the-practice survey of 43 U.S. transportation agencies, and (c) seven case studies from leading transportation organizations in Australia, England, Germany, the Netherlands, and Scotland. The paper concludes with recommendations for achieving enterprise risk management in U.S. highway agencies. Recommendations pertain to formalizing enterprise risk management approaches, embedding risk management in existing business processes, using risk management to build trust with transportation stakeholders, defining leadership and organizational responsibilities for risk management, identifying risk owners, supporting risk allocation strategies, and reexamining existing policies, processes, and standards through rigorous risk management analysis.

Purpose The purpose of this paper is to determine inasmuch energy suppliers dedicate communicative resources toward sustainable development and corporate social responsibility (CSR), also paying attention to how they frame it, and if they manage to achieve consistency in their communication or fall victim to contradictions. Design/methodology/approach By use of a qualitative content analysis, online communication tools (information on corporate websites) as well as content for download were examined in detail. The present study sample comprised of 12 case studies from selected countries (Austria, Russia, Germany, the USA, France and Korea). Findings Overall, findings indicate that CSR has already been implemented in most energy and energy-related industries; however, it is put forward with varying degrees of attention and intensity, depending on which topics energy companies choose to address communicatively (results were classified according to a frame positioning scheme by Weder, 2012, 2018). Results underscore the fact that, at times, companies are struggling to link their CSR projects back to their core businesses. Yet, a clear trend to politicization can be described as a strong correlation of communication strategies of energy suppliers and political programs of the respective country becomes obvious. Research limitations/implications Limited research as to how CSR topics are framed in different branches has been conducted to date; likewise, the energy sector, whose motives has been often subject to public questioning, has received little attention in CSR communication research to date. Hence, ambiguities were presumed to exist. Originality/value The present study examines the relevance and framing of CSR in a highly competitive, centralized industry that is challenged by a global process of transition to renewable energy. The results show that the analyzed energy suppliers offer only a limited variety of issue-specific frames; instead CSR as well as sustainability are (ab)used as master frames or “buzz words” in a fairly shallow economic or socio-political argumentation.

Purpose – Despite an impressive body of international research, there is a lack of empirical evidence describing the ways in which organisational environments influence the practices of corporate communications (CC). A cross-cultural survey in five countries contributes to closing this research gap. The paper aims to discuss this issue. Design/methodology/approach – What makes the research design innovative is that the questionnaire incorporates both practitioners’ perceptions of the cultural context and the relevance of CC practices. The sample comprises 418 practitioners from the most senior positions in CC in the biggest companies in Australia, Austria, Germany, Indonesia, and Switzerland. By choosing a systematic access to the field the authors circumvent shortcomings of “snowball” sampling techniques. Findings – While cultural perceptions and CC priorities vary to a certain degree, there are hardly any significant correlations between the two. Meanwhile, the “nation variable”, and the institutional settings associated with it, are more instructive when explaining differences in CC. Research limitations/implications – A large cross-cultural survey needs to take a “birds eye view” and, as such, is able to identify only general tendencies when describing relations between perceptions of culture and CC practices. Future case studies and qualitative research could explore more subtle ways in which CC is influenced not only by the cultural context, but also – and probably even more – by institutional environments. Originality/value – This is the first cross-cultural survey to systematically describe on the level of primary data, the links between CC practices and perceptions of the organisational environment. Since the results indicate only a limited impact of culture, the authors would recommend the rehabilitation of the “nation variable”. Provided it is understood and differentiated as a representation of specific institutional contexts, the nation variable is likely to prove highly instructive when accounting for the diversity of CC observed around the world.

[Purpose] The distribution of company property to shareholders has become smoother since the revision of the Commercial Act in 2011, including allowing reserve reduction dividends. However, the related shareholder taxation system still needs to be revised. The purpose of this study is to improve the shareholder taxation system in case of reserve reduction dividends, paid－in capital increase, and capital reduction. with awareness of the problem that the shareholder taxation system is inadequate. As a result, this study aims to propose a realistic tax law amendment. [Methodology] Analysis of relevant overseas cases (USA, Germany, Japan) and related previous studies were investigated and presented. [Findings] First, there is an inadequacy in that when dividends are reduced by reserve, if dividends exceed the acquisition price of stocks held by shareholders, taxation is not imposed. In relation to this, the Corporate Tax Act stipulates that taxation will be imposed from 2023, but the Income Tax Act has not yet been revised. Accordingly, a revision of the Income Tax Act was proposed. Second, in Korea, capital reduction is treated as dividend income and taxed. However, the economic nature of capital reduction is closer to the transfer of stocks by shareholders. The current calculation structure of fictitious dividend income is also very similar to the capital gains method. Therefore, this study proposed that fictitious dividends be taxed as capital gains under the Income Tax Act. Third, if the compensation received due to resignation, withdrawal, or reduction in investment exceeds the acquisition price of the stock, it is taxed as a fictitious dividend. At this time, there is a problem in that dividend income varies depending on the acquisition price. Accordingly, this study proposed dividing the profits distributed to shareholders into the return of capital and the distribution of profits. [Implications] This study has implications in that it suggests ways to improve the shareholder taxation system that can minimize friction with the current tax law and increase legal stability.

AbstractObjectiveTo investigate pharmaceutical or medical device industry funding of patient groups.DesignSystematic review with meta-analysis.Data sourcesOvid Medline, Embase, Web of Science, Scopus, and Google Scholar from inception to January 2018; reference lists of eligible studies and experts in the field.Eligibility criteria for selecting studiesObservational studies including cross sectional, cohort, case-control, interrupted time series, and before-after studies of patient groups reporting at least one of the following outcomes: prevalence of industry funding; proportion of industry funded patient groups that disclosed information about this funding; and association between industry funding and organisational positions on health and policy issues. Studies were included irrespective of language or publication type.Review methodsReviewers carried out duplicate independent data extraction and assessment of study quality. An amended version of the checklist for prevalence studies developed by the Joanna Briggs Institute was used to assess study quality. A DerSimonian-Laird estimate of single proportions with Freeman-Tukey arcsine transformation was used for meta-analyses of prevalence. GRADE (Grading of Recommendations Assessment, Development, and Evaluation) was used to assess the quality of the evidence for each outcome.Results26 cross sectional studies met the inclusion criteria. Of these, 15 studies estimated the prevalence of industry funding, which ranged from 20% (12/61) to 83% (86/104). Among patient organisations that received industry funding, 27% (175/642; 95% confidence interval 24% to 31%) disclosed this information on their websites. In submissions to consultations, two studies showed very different disclosure rates (0% and 91%), which appeared to reflect differences in the relevant government agency’s disclosure requirements. Prevalence estimates of organisational policies that govern corporate sponsorship ranged from 2% (2/125) to 64% (175/274). Four studies analysed the relationship between industry funding and organisational positions on a range of highly controversial issues. Industry funded groups generally supported sponsors’ interests.ConclusionIn general, industry funding of patient groups seems to be common, with prevalence estimates ranging from 20% to 83%. Few patient groups have policies that govern corporate sponsorship. Transparency about corporate funding is also inadequate. Among the few studies that examined associations between industry funding and organisational positions, industry funded groups tended to have positions favourable to the sponsor. Patient groups have an important role in advocacy, education, and research, therefore strategies are needed to prevent biases that could favour the interests of sponsors above those of the public.Systematic review registrationPROSPERO CRD42017079265.

Regional logistics changes. Locational dynamics and strategies in physical distribution - a transatlantic comparison. The paper discusses locational dynamics of freight distribution firms at the regional level, as a consequence of changes in logistics network configuration and related requirements for placing distribution centres. The empirical basis is provided by two case studies, carried out in Germany and in Northern California (USA). Both cases are subject to comparative analysis, regarding location choice and context, corporate strategy and regional policy and planning.

Customer Relationship Management (CRM) has emerged as a must-have capability for the modern firm irrespective of size and sector. The importance of CRM can be attributed to the need for today’s businesses to be customer-centric or customer-focused. As a business strategy, CRM seeks to develop and improve relationships with targeted customers to optimize customer value, competitiveness, and corporate profitability. While CRM has a truly strong business case, approximately 70% of CRM implementation projects do not create the intended business value. With this in mind, this work has reviewed relevant literature and explored 8 CSFs that can guide SMEs wishing to successfully implement CRM projects. The 8 CSFs cover the people, technologies, and processes – the core elements of a CRM strategy. In particular, the 8 CSFs include senior leadership sponsorship, customer-oriented CRM strategy, effective change management, customer data quality and availability, human resource management, the right CRM technology, CRM implementation methodology, and systems integration. Future studies may consider ranking the significance of the 8 CSFs based on the findings of an empirical research.

PurposeOrganizational diversity training is designed to enhance employees' skills and competencies regarding diversity and its management. The question of its effectiveness, and the conditions under which it thrives, remains a matter of debate. Unlike previous studies that have predominantly focused on the perspective of training participants, this study shifts the lens to the viewpoints of diversity training providers in Germany – a country where the formal requirement for diversity management was implemented relatively recently. The primary objective is to ascertain the critical factors influencing training effectiveness from the providers' perspective.Design/methodology/approachThis research draws upon case studies based on document analysis and qualitative interviews with diversity training providers across Germany.FindingsThe investigation reveals that the effectiveness of diversity training, as perceived by providers, hinges on several key factors: the organizational environment (including the widespread recognition of diversity issues and the presence of an organizational diversity framework), the attributes of diversity trainers (notably their personal familiarity with diversity) and the setting and design of the training (such as venue, duration and a blend of instructional approaches). A notable barrier to achieving effective training outcomes is the lack of supportive conditions within client companies, exemplified by limited training budgets, which impedes the accurate assessment of training effectiveness.Originality/valueThis study marks a novel contribution to the field by explicitly focusing on the perspective of diversity training providers in Germany. It provides new insights into the importance of the organizational context surrounding diversity education within the private sector.

In this study, the authors utilized the Analytic Hierarchy Process (AHP) decision-making model to select the optimal market for international expansion for ABC Corporation located in Ohio[1]. The benefits of exporting to nine different countries: Germany, the United Kingdom, Canada, Mexico, Netherlands, China, United Arab Emirates, Australia and Brazil were analyzed. For the sake of more precise and in-depth research, preliminary studies performed on these nine countries were used to determine the top five markets: China, Mexico, Canada, Germany and the United Kingdom. Preliminary research included multiple factors about these nine countries. Market size, market growth rate, market consumption capacity, market intensity, market receptivity, commercial infrastructure, trade barriers, contribution margins, country risk and the growth rate of construction were the qualitative and quantitative criteria specifically considered. The importance of each criteria and sub-criteria were determined with export market experts and company decision makers. The AHP analysis enabled the authors to determine the best possible export market for the company by evaluating the data from China, Mexico, Canada, Germany and the United Kingdom. The robustness of the results was tested using sensitivity analysis. Sensitivity analysis results were then discussed with the decision makers. The best market was selected and alternative markets were presented with degrees of preference. Managerial implications of the study and future research directions will be discussed. [1] Company name has been disguised for confidentiality reasons. -This paper received “Best Student Achievement in International Business Award for Graduate Students”, Youngstown State University, Williamson College of Business, April 18, 2018. -Acknowledgement: This project allowed our group to become better researchers, taught us how to use AHP methodology in real - life decision making and allowed us to network with colleagues around the world. This was a fantastic experience for all of us and it will not be forgotten. Being able to represent Youngstown State University at the MCDM, 2017 Conference was an honor. We learned and did things that students cannot learn in the classroom. Working alongside Dr. Karpak allowed us to have a hands - on experience with the project and she was there when questions needed addressed. We feel that our research benefitted ABC and allowed them to gain a better understanding of what market they should export to. We are beyond grateful for this experience and glad that we were selected to go to Ottawa, Canada and to now be submitting our research to the IJAHP journal. The authors also thank the export expert Mr. Mousa Kassis, CGBP, Director, Ohio Small Business Development Center (SBDC) Export Assistance Network, Williamson College of Business Administration of Youngstown State University, for identifying ABC Company and giving his expert judgments on criteria evaluations.

Corporate Mobility Management (CMM) is a key part of the transformation towards sustainable mobility and has an impact on emissions and employee satisfaction. Mobility budgets (MBs), categorized as employee benefits, offer a unique solution for transforming employee mobility. This article summarizes the results of two studies and provides a comprehensive overview. Study I, a representative survey (n=994) in Germany, examines the differences between MB users (MBN) and non-users (NU). NU show longer commuting distances and a lower perception of sustainability, which underlines the transformative effect of MB. Socio-demographic nuances, including gender and socio-economic factors, further influence mobility choices. Study II focuses on three case studies presenting different MB implementations. Overall, our results underline the transformative potential of MBs regarding the change towards sustainability. Policy makers and companies should develop solutions for different socio-demographic groups, take gender preferences into account and consider the impact on commuting behavior. The presented holistic framework contributes to a more sustainable and satisfying mobility experience for workers and is in line with broader environmental goals.

AbstractThis study analyses the relationship between board gender diversity and the ESG scores for Spanish, French, German, and English listed companies. Previous academic literature shows controversial results regarding the benefits of female participation in boards of directors, however many studies have only used an aggregated indicator to measure performance or they do not have compared the results among countries. The empirical section of this research uses a sample formed by 205 companies from France, Germany, Spain, and the United Kingdom for a period of 19 years (from 2002 to 2020). The results obtained through a panel data estimation confirm a positive and significant relationship between board gender diversity (BGD) and the social and the corporate governance score in all cases. However, the relationship between BGD and the environmental score is only confirmed in the case of Spain, France, and Germany. Therefore, even though in these countries, the actions to promote gender equality have been different and at different times, the results are mostly homogeneous.

Abstract Objective: To describe the promotion of food and beverage and marketing strategies used by online food delivery services (OFDS) in a social media platform before and during the pandemic in Brazil. Design: Publicly available data were extracted from OFDS Instagram accounts. Posts published six months immediately before and after the first case of COVID-19 in Brazil were randomly sampled. Two independent authors coded the posts’ content. Food and beverage items featured in posts were classified according to the NOVA food system classification. Marketing strategies were coded according to protocols from previous studies. Setting: Top three OFDS Instagram accounts in Brazil. Participants: Posts published in the period studied (n = 304). Results: During the pandemic, the proportion of posts featuring at least one food item decreased from 71.6% to 40.2%, and the proportion of ultra-processed foods decreased from 57.6% to 27.9%. Before the pandemic, the most widely used marketing strategies were branding elements (80.7%), product imagery (unbranded) (48.9%), and partnerships/sponsorship (35.2%). While, during the pandemic, branding elements (62.2%) continued to be the most applied, but were followed by the use of videos/GIFs/boomerangs (34.1%) and corporate social responsibility (31.7%). The most frequent COVID-19 marketing strategies were “social responsibility in the pandemic” (30.5%), “combatting the pandemic” (28.0%), and “accelerating digitalization” (20.7%). Conclusions: OFDS advertisements on a social media platform placed less emphasis on food items, but improved the nutritional quality of foods and beverages featured in posts. A COVID-washing approach was highlighted, especially through the use of social responsibility marketing during the pandemic.

Based on evidence from two exploratory case studies, the article examines how intangible cultural heritage can promote sustainable rural development by creating value for rural communities. The studied communities in Bavaria, Germany, and Le Marche, Italy, are closely tied to traditional agricultural practices and their historical legacies. In the German case study, alpine pasture farming has sustained its cultural landscape and tourism for generations, while in the Italian case, the rural sharecropping legacy evolved into a culinary heritage project. Bad Hindelang (Germany) stands out as a mature destination with a long history of sustainable tourism, achieved through collaboration between farmers, conservationists, and the local community. The region balances tourism, conservation, and ecological farming through community participation and collective action. In contrast, Le Marche region (Italy) has only recently experienced increasing numbers of international tourists, but seems well-situated to exploit opportunities for cultural and culinary tourism development. The Marche Food and Wine Memories project has preserved the oral memories and the culinary heritage of former sharecroppers, yet economic value for the region has so far been limited. Post-COVID-19, the region may benefit from increased demand for tourism in culturally appealing, authentic and less crowded destinations. The article emphasises that intangible cultural heritage can enrich the quality of life of local residents and enhance visitors’ experiential value. Innovative approaches like storytelling and participatory engagement make these cultural expressions accessible to wider audiences, including tourists, thus benefiting heritage communities in various ways. Both cases highlight the role of innovation, with Bad Hindelang’s eco-model promoting ecological farming and Le Marche’s project preserving sharecroppers’ heritage through corporate heritage marketing. Collaboration among various stakeholders has been a key to success in both cases. The article also illustrates the range of functions fulfilled by intangible cultural heritage, from restoring social dignity to maintaining landscape aesthetics and ecological integrity.

This article studies whether firm-level and country-level factors affect to the corporation's debt maturity in case of Vietnam or not. The paper adopts the balance panel data of 267 listed companies on two trading board HOSE and HNX in the period from 2008 to 2015, estimated by FEM, REM, 2SLS and GMM method. To intrinsic factors, research results show that financial leverage and default risk control have high positive statistical significance with the debt maturity, but tangible assets are lower than those factors. In addition, growth opportunities and company quality have negative impacts to the debt maturity. To external factors, the results point out that economic growth, stock market development and governmental regulation's efficiency demonstrate the positive relationship to the debt maturity with fairly low correlation levels. In spite of that, inflation rate, financial development, the rule of law, corruption control and the rights of creditor factors have negative correlations to the debt maturity. Keywords Debt maturity, long-term debt ratio, GMM system, firm-level factors, country-level factors References [1] Barclay, M., Smith, C., Jr., “The maturity structure of corporate debt”, Journal of Finance, 50 (1995), 609-631. [2] Kirch, G., Terra, P.R.S., “Determinants of corporate debt maturity in SouthAmerica: Do institutional quality and financial development matter?”, Journal ofCorporate Finance, 18 (2012) 4, 980-993.[3] Cai, K., Fairchild, R., Guney, Y., “Debt maturity structure of Chinese companies”, Pacific Basin Finance Journal, 16 (2008), 268-297.[4] Deesomsak, R., Paudyal, K. & Pescetto, G., “Debt Maturity Structure and the 1997 Asian Financial Crisis”, Journal of Multinational Financial Management ,19(2009) 1, 26-42. 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H., Goyal, V. K., “Creditor rights, enforcement, and bank loans”, The Journal of Finance, 64 (2009) 2, 823-860.[27] Gonzalez-Mendez, V.M., “Determinants of debt maturity structure across firm size”, Spanish Journal of Finance and Accounting, 17 (2013), 187-209.[28] Mark Hoven Stohs, David C. Mauer, “The Determinants of Corporate Debt Maturity Structure”, Journal of Business, 69 (1996) 3.[29] Scherr, F. C. and Hulburt, H. M., “The Debt Maturity Structure of Small Firms”, Financial Management, 1 (2001), 85-111.[30] Magri, S., “Debt maturity of Italian firms”, Journal of Money, Credit and Banking, 42 2010, 443-463.[31] Oman, C., Köksal, B., “Debt maturity across firm types: Evidence from a major developing economy”, Emerging Markets Review, 30 (2017), 169-199.[32] Awartani, B., Belkhir, M., Boubaker, S., Maghyereh, A., “Corporate debt maturity in the MENA region: Does institutional quality matter?”, International Review of Financial Analysis, 46 (2016), 309-325.[33] Antonios Antoniou, Yilmaz Guney, Krishna Paudyal, The Determinants of Debt Maturity Structure: Evidence from France, Germany and the UK, European Financial Management, 12 (2006) 2, 161-194.[34] Antoniou, A., Guney, Y., Paudyal, K., “The determinants of capital structure: Capital market-oriented versus bank-oriented institutions”, Journal of Financial and Quantitative Analysis, 43 (2008) 1, 59-92.[35] Fan, J. P., Titman, S., Twite, G., “An international comparison of capital structure and debt maturity choices”, Journal of Financial and Quantitative Analysis, 47 (2012) 1, 23.[36] Garcia-Teruel P, Martinez-Solano P., “Short-term debt in Spanish SMEs”, Int Small Bussiness Journal, 25 (2007), 579-602.[37] Giannetti, M., “Do better institutions mitigate agency problems? Evidence fromcorporate finance choices”, Journal of Financial and Quantitative Analysis, 38 (2003) 1, 185-212.[38] Diamond, W., “Presidential address, committing to commit: Short-term debtwhen enforcement is costly”, The Journal of Finance, 59 (2004) 4, 1447-1479.[39] Qian, J., Strahan, E., “How laws and institutions shape financial contracts: The case of bank loans”, The Journal of Finance, 62 (2007) 6, 2803-2834.[40] Aris, “Legal systems, capital structure, and debt maturity in developing countries”, Corp. 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Abstract Funding Acknowledgements Type of funding sources: Private grant(s) and/or Sponsorship. Main funding source(s): AK has been funded by the Egyptian cultural centre and educational bureau of the Egyptian embassy in London and the Ministry of higher education in Egypt. SEP acknowledges support from the “SmartHeart” EPSRC programme grant (www.nihr.ac.uk; EP/P001009/1) and the London Medical Imaging and AI Centre for Value-Based Healthcare. This new centre is one of the UK Centres supported by a £50m investment from the Data to Early Diagnosis and Precision Medicine strand of the government’s Industrial Strategy Challenge Fund, managed and delivered by UK Research and Innovation (UKRI). SEP acknowledges support from the CAP-AI programme, London’s first AI enabling programme focused on stimulating growth in the capital’s AI Sector. CAP-AI is led by Capital Enterprise in partnership with Barts Health NHS Trust and Digital Catapult and is funded by the European Regional Development Fund and Barts Charity. SEP also acts as a paid consultant to Circle Cardiovascular Imaging Inc., Calgary, Canada and Servier onbehalf Barts Heart Centre, St Bartholomew’s Hospital, Barts Health NHS Trust, West Smithfield, London, UK Background Manual contouring of cardiovascular magnetic resonance (CMR) cine images remains common practice and the reference standard for left ventricular (LV) volumes and mass evaluation. However, it is time-consuming and machine learning (ML) may significantly reduce the time required for contouring. Accurate LV contours are the basis for reliable LV strain analysis using tissue tracking. Purpose To assess the impact of a ML contouring tool alone versus expert adjusted contours on LV strain. Methods We retrospectively selected 402 CMR studies with diagnoses of myocardial infarction (n = 108), myocarditis (n = 130) and healthy controls (n = 164) from the Barts BioResource between January 2015 to June 2018. CMR examinations were obtained using 1.5T and 3T scanners (Siemens Healthineers, Germany). We excluded 32 cases due to phase inconsistency between short (SAX) and long axes (LAX) cine images or suboptimal cine image quality. For the remaining 370 cases, steady state free precession cine images for LAX and SAX were analysed by the ML contouring tool (using CVI42 research prototype software 5.11). Manual expert adjustment for the contours was done for each case if considered suboptimal for strain analysis in the reference end-diastolic phase. Strain results from ML and expert adjusted ML methods were compared for strain agreement. Times taken by these methods were recorded and compared against the time taken for standard manual contouring. Results SAX and LAX derived strains by ML and expert adjusted ML methods showed good agreement by Bland-Altman analysis (Figure 1) with excellent coefficient of concordance using Kendall W which is 0.98 for global SAX, radial and circumferential strains (mean difference(MD) = -1.7% (lower and upper limits of agreement (UL,LL) -6.6,3.2), MD = 0.5% (-1.0,2.1)) and is 0.95 for global LAX derived strain (radial and longitudinal, MD = 0.7% (UL,LL -8.7 ,7.4),MD= 0.2% (-1.9,2.5), respectively). Time taken for adjustment of ML contours was significantly shorter than manual contouring (1.35 minutes vs 8.0 minutes, around 590% time saving in ML adjusted method). Conclusions ML contouring compared to expert manual adjustment has a clinically reasonable agreement when used for measuring LV strain. Also, using the ML tool with expert adjustment shows significant time saving for analysis and reporting time compared to entirely manual analysis, favouring its application in routine clinical practice. Abstract Figure.

Today's universities are transforming into the entrepreneurial university model. Along with that is a strong innovation in governance towards autonomy and associated with entrepreneurship, innovation and creativity. The article presents research results on the model of the entrepreneurial university and the advanced university governance in terms of structure and management methods to adapt to this model in the world. Through the review of studies on the current situation, the article contributes a number of policy proposals to meet the requirements of university governance innovation for Vietnamese public universities in the context of transition to a model of entrepreneurial university. Keywords University, Entrepreneurial university, University governance, Vietnam public universities. References [1] D.V. Toan, 2020, Factors Affecting Third Mission Implementation and The Challenges for Vietnam’s Universities in The Transitioning Period. 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Obscured in contemporary climate change discourse is the fact that under even the most serious mitigation scenarios being envisaged it will be virtually impossible to avoid runaway ecosystem collapse; so great is the momentum of global greenhouse build-up (Anderson and Bows). And under even the best-case scenario, two-degree warming, the ecological, social, and economic costs are proving to be much deeper than first thought. The greenhouse genie is out of the bottle, but the best that appears to be on offer is a gradual transition to the pro-growth, pro-consumption discourse of “ecological modernisation” (EM); anything more seems politically unpalatable (Barry, Ecological Modernisation; Adger et al.). Here, I aim to account for how cheaply EM has managed to allay ecology. To do so, I detail the operations of the co-optive, definitional strategy which I call the “high-ground” strategy, waged by a historic bloc of actors, discourses, and institutions with a common interest in resisting radical social and ecological critique. This is not an argument about climate laggards like the United States and Australia where sceptic views remain near the centre of public debate. It is a critique of climate leaders such as the United Kingdom, Germany, and the Netherlands—nations at the forefront of the adoption of EM policies and discourses. With its antecedent in sustainable development discourse, by emphasising technological innovation, eco-efficiency, and markets, EM purports to transcend the familiar dichotomy between the economy and the environment (Hajer; Barry, ‘Towards’). It rebuts the 1970s “limits to growth” perspective and affirms that “the only possible way out of the ecological crisis is by going further into the process of modernisation” (Mol qtd. in York and Rosa 272, emphasis in original). Its narrative is one in which the “dirty and ugly industrial caterpillar transforms into an ecological butterfly” (Huber, qtd. in Spaargaren and Mol). How is it that a discourse notoriously quiet on endless growth, consumer culture, and the offshoring of dirty production could become the cutting edge of environmental policy? To answer this question we need to examine the discursive and ideological effects of EM discourse. In particular, we must analyse the strategies that work to continually naturalise dominant institutions and create the appearance that they are fit to respond to climate change. Co-opting Environmental Discourse Two features characterise state environmental discourse in EM nations: an almost universal recognition of the problem, and the reassurance that present institutions are capable of addressing it. The key organs of neoliberal capitalism—markets and states—have “gone green”. In boardrooms, in advertising and public relations, in governments, and in international fora, climate change is near the top of the agenda. While EM is the latest form of this discourse, early hints can be seen in President Nixon’s embrace of the environment and Margaret Thatcher’s late-1980s green rhetoric. More recently, David Cameron led a successful Conservative Party “detoxification” program with an ostentatious rhetorical strategy featuring the electoral slogan, “Vote blue, go green” (Carter). We can explain this transformation with reference to a key shift in the discursive history of environmental politics. The birth of the modern environmental movement in the 1960s and 70s brought a new symbolic field, a new discourse, into the public sphere. Yet by the 1990s the movement was no longer the sole proprietor of its discourse (Eder 203). It had lost control of its symbols. Politicians, corporations, and media outlets had assumed a dominant role in efforts to define “what climate change was and what it meant for the world” (Carvalho and Burgess 1464). I contend that the dramatic rise to prominence of environmental issues in party-political discourse is not purely due to short-term tactical vote-winning strategy. Nor is it the case that governments are finally, reluctantly waking up to the scientific reality of ecological degradation. Instead, they are engaged in a proactive attempt to redefine the contours of green critique so as to take the discourse onto territory in which established interests already control the high ground. The result is the defusing of the oppositional element of political ecology (Dryzek et al. 665–6), as well as social critique in general: what I term the gentrification of climate change. If we view environmentalism as, at least partially, a cultural politics in which contested definitions of problem is the key political battleground, we can trace how dominant interests have redefined the contours of climate change discourse. We can reveal the extent to which environmentalism, rather than being integrated into capitalism, has been co-opted. The key feature of this strategy is to present climate change as a mere aberration against a background of business-as-usual. The solutions that are presented are overwhelmingly extensions of existing institutions: bringing CO2 into the market, the optimistic development of new techno-scientific solutions to climate problems, extending regulatory regimes into hitherto overlooked domains. The agent of this co-optive strategy is not the state, industry, capital, or any other manifest actor, but a “historic bloc” cutting across divisions between society, politics, and economy (Laclau and Mouffe 42). The agent is an abstract coalition that is definable only to the extent that its strategic interests momentarily intersect at one point or another. The state acts as a locus, but the bloc is itself not reducible to the state. We might also think of the agent as an assemblage of conditions of social reproduction, in which dominant social, political, and economic interests have a stake. The bloc has learned the lesson that to be a player in a definitional battle one must recognise what is being fought over. Thus, exhortations to address climate change and build a green economy represent the first stage of the definitional battle for climate change: an attempt to enter the contest. In practical terms, this has manifest as the marking out of a self-serving division between action and inaction. Articulated through a binary modality climate change becomes something we either address/act on/tackle—or not. Under such a grammar even the most meagre efforts can be presented as “tackling climate change.” Thus Kevin Rudd was elected in 2007 on a platform of “action on climate change”, and he frequently implored that Australia would “do its bit” on climate change during his term. Tony Blair is able to declare that “tackling climate change… need not limit greater economic opportunity” and mean it in all sincerity (Barry, ‘Towards’ 112). So deployed, this binary logic minimises climate change to a level at which existing institutions are validated as capable of addressing the “problem,” and the government legitimised for its moral, green stand. The Hegemonic Articulation of Climate Change The historic bloc’s main task in the high-ground strategy is to re-articulate the threat in terms of its own hegemonic discourse: market economics. The widely publicised and highly influential Stern Review, commissioned by the British Government, is the standard-bearer of how to think about climate change from an economic perspective. It follows a supremely EM logic: economy and ecology have been reconciled. The Review presents climate change, famously, as “the greatest market failure the world has ever seen” (Stern et al. viii). The structuring horizon of the Stern Review is the correction of this failure, the overcoming of what is perceived to be not a systemic problem requiring a reappraisal of social institutions, but an issue of carbon pricing, technology policy, and measures aimed at “reducing barriers to behavioural change”. Stern insists that “we can be ‘green’ and grow. Indeed, if we are not ‘green’, we will eventually undermine growth, however measured” (iv). He reassures us that “tackling climate change is the pro-growth strategy for the longer term, and it can be done in a way that does not cap the aspirations for growth of rich or poor countries” (viii). Yet Stern’s seemingly miraculous reconciliation of growth with climate change mitigation in fact implies a severe degree of warming. The Stern Review aims to stabilise carbon dioxide equivalent concentrations at 550ppm, which would correspond to an increase of global temperature of 3-4 degrees Celsius. As Foster et al. note, this scenario, from an orthodox economist who is perceived as being pro-environment, is ecologically unsustainable and is viewed as catastrophic by many scientists (Foster, Clark, and York 1087–88). The reason Stern gives for not attempting deeper cuts is that they “are unlikely to be economically viable” (Stern et al. 231). In other words, the economy-ecology articulation is not a meeting of equals. Central to the policy prescriptions of EM is the marketising of environmental “bads” like carbon emissions. Carbon trading schemes, held in high esteem by moderate environmentalists and market economists alike, are the favoured instruments for such a task. Yet, in practice, these schemes can do more harm than good. When Prime Minister Kevin Rudd tried to legislate the Carbon Pollution Reduction Scheme as a way of addressing the “greatest moral challenge of our generation” it represented Australia’s “initial foray into ecological modernisation” (Curran 211). Denounced for its weak targets and massive polluter provisions, the Scheme was opposed by environmental groups, the CSIRO, and even the government’s own climate change advisor (Taylor; Wilkinson). While the Scheme’s defenders claimed it was as a step in the right direction, these opponents believed it would hurt more than help the environment. A key strategy in enshrining a particular hegemonic articulation is the repetition and reinforcement of key articulations in a way which is not overtly ideological. As Spash notes of the Stern Review, while it does connect to climate change such issues as distributive justice, value and ethical conflicts, intergenerational issues, this amounts to nothing but lip service given the analysis comes pre-formed in an orthodox economics mould. The complex of interconnected issues raised by climate change is reduced to the impact of carbon control on consumption growth (see also Swyngedouw and While, Jonas, and Gibbs). It is as if the system of relations we call global capitalism—relations between state and industry, science and technology, society and nature, labour and capital, North and South—are irrelevant to climate change, which is nothing but an unfortunate over-concentration of certain gases. In redrawing the discursive boundaries in this way it appears that climate change is a temporary blip on the path to a greener prosperity—as if markets and capitalism merely required minor tinkering to put them on the green-growth path. Markets are constituted as legitimate tools for managing climate change, in concert with regulation internalised within neoliberal state competition (While, Jonas, and Gibbs 81). The ecology-economy articulation both marketises “green,” and “greens” markets. Consonant with the capitalism-environment articulation is the prominence of the sovereign individual. Both the state and the media work to reproduce subjects largely as consumers (of products and politics) rather than citizens, framing environmental responsibility as the responsibility to consume “wisely” (Carvalho). Of course, what is obscured in this “self-greening” discourse is the culpability of consumption itself, and of a capitalist economy based on endless consumption growth, exploitation of resources, and the pursuit of new markets. Greening Technology EM also “greens” technology. Central to its pro-growth ethos is the tapering off of ecosystem impacts through green technologies like solar, wind, tidal, and geothermal. While green technologies are preferable to dependence upon resource-intensive technologies of oil and coal, that they may actually deliver on such promises has been shown to be contingent upon efficiency outstripping economic growth, a prospect that is dubious at best, especially considering the EM settlement is one in which any change to consumption practices is off the agenda. As Barry and Paterson put it, “all current experience suggests that, in most areas, efficiency gains per unit of consumption are usually outstripped by overall increases in consumption” (770). The characteristic ideological manoeuvre of foregrounding non-representative examples is evident here: green technologies comprise a tiny fraction of all large-scale deployed technologies, yet command the bulk of attention and work to cast technology generally in a green light. It is also false to assume that green technologies do not put their own demands on material resources. Deploying renewables on the scale that is required to address climate change demands enormous quantities of concrete, steel, glass and rare earth minerals, and vast programs of land-clearing to house solar and wind plants (Charlton 40). Further, claims that economic growth can become detached from ecological disturbance are premised on a limited basket of ecological indicators. Corporate marketing strategies are driving this green-technology articulation. While a single advertisement represents an appeal to consume an individual commodity, taken collectively advertising institutes a culture of consumption. Individually, “greenwash” is the effort to spin one company’s environmental programs out of proportion while minimising the systemic degradation that production entails. But as a burgeoning social institution, greenwash constitutes an ideological apparatus constructing industry as fundamentally working in the interests of ecology. In turn, each corporate image of pristine blue skies, flourishing ecosystems, wind farms, and solar panels constitutes a harmonious fantasy of green industry. As David Mackay, chief scientific advisor to the UK Government has pointed out, the political rhetoric of green technology lulls people into a false sense of security (qtd. in Charlton 38). Again, a binary logic works to portray greener technologies—such as gas, “clean coal”, and biomass combustion—as green. Rescuing Legitimacy There are essentially two critical forces that are defused in the high-ground strategy’s definitional project. The first is the scientific discourse which maintains that the measures proposed by leading governments are well below what is required to reign in dangerous climate change. This seems to be invisible not so much because it is radical but because it is obscured by the uncertainties in which climate science is couched, and by EM’s noble-sounding rhetoric. The second is the radical critique which argues that climate change is a classic symptom of an internal contradiction of a capitalist economy seeking endless growth in a finite world. The historic bloc’s successful redefinition strategy appears to jam the frequency of serious, scientifically credible climate discourse, yet at the level of hegemonic struggle its effects range wider. In redefining climate change and other key signifiers of green critique – “environment”, “ecology”, “green”, “planet”—it expropriates key properties of its antagonist. Were it not that climate change is now defined on the cheery, reassuring ground of EM discourse, the gravity of the alarming—rather than alarmist (Risbey)—scientific discourse may just have offered radical critique the ammunition it needed to provoke society into serious deliberations over its socioeconomic path. Radical green critique is not in itself the chief enemy of the historic bloc. But it is a privileged element within antagonistic discourse and reinforces the critical element of the feminist, civil rights, and student movements of the 1960s and 1970s. In this way ecology has tended to act as a nodal point binding general social critique: all of the other demands began to be inscribed with the green critique, just as the green critique became a metaphor for all of the others (Laclau). The metaphorical value of the green critique not only relates to the size and vibrancy of the movement—the immediate visibility of ecological destruction stood as a powerful symbol of the kernel of antagonistic politics: a sense that society had fundamentally gone awry. While green critique demands that progress should be conditional upon ecology, EM professes that progress is already green (Eder 217n). Thus the great win achieved by the high-ground strategy is not over radical green critique per se but over the shifting coalition that threatens its legitimacy. As Stavrakakis observes, what is novel about green discourse is nothing essential to the signifiers it deploys, but the way that a common signifier comes to stand in and structure the field as a whole – to serve as a nodal point. It has a number of signifiers: environmental sustainability, social justice, grassroots democracy, and peace and non-violence, all of which are “quilted” around the master-signifiers of “ecology”, “green”, or “planet”. While these master-signifiers are not unique to green ideology, what is unique is that they stand at the centre. But the crucial point to note about the green signifier at the heart of political ecology is that its value is accorded, in large part, through its negation of the dominant ideology. That is to say, it is not that green ideology stands as merely another way of mapping the social; rather, the master-signifier "green" contains an implicit refutation of the dominant social order. That “green” is now almost wholly evacuated of its radical connotations speaks to the effectiveness of the redefinitional effort.The historic bloc is aided in its efforts by the complexity of climate change. Such opacity is characteristic of contemporary risks, whose threats are mostly “a type of virtual reality, real virtuality” (Beck 213). The political struggle then takes place at the level of meaning, and power is played out in a contest to fix the definitions of key risks such as climate change. When relations of (risk) definition replace relations of production as the site of the effects of power, a double mystification ensues and shifts in the ground on which the struggle takes place may go unnoticed. Conclusion By articulating ecology with markets and technology, EM transforms the threat of climate change into an opportunity, a new motor of neoliberal legitimacy. The historic bloc has co-opted environmentalist discourse to promote a gentrified climate change which present institutions are capable of managing: “We are at the fork in the road between order and catastrophe. Stick with us. We will get you through the crisis.” The sudden embrace of the environment by Nixon and by Thatcher, the greening of Cameron’s Conservatives, the Garnaut and Stern reports, and the Australian Government’s foray into carbon trading all have their more immediate policy and political aims. Yet they are all consistent with the high-ground definitional strategy, professing no contraction between sustainability and the present socioeconomic order. Undoubtedly, EM is vastly preferable to denial and inaction. It may yet open the doors to real ecological reform. But in its present form, its preoccupation is the legitimation crisis threatening dominant interests, rather than the ecological crisis facing us all. References Adger, W. Neil, Tor A. Benjaminsen, Katrina Brown, and Hanne Svarstad. ‘Advancing a Political Ecology of Global Environmental Discourses.’ Development and Change 32.4 (2001): 681–715. Anderson, Kevin, and Alice Bows. “Beyond ‘Dangerous’ Climate Change: Emission Scenarios for a New World.” Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences 369.1934 (2010): 20–44. Barry, John, and Matthew Paterson. “Globalisation, Ecological Modernisation and New Labour.”Political Studies 52.4 (2004): 767–84. Barry, John. “Ecological Modernisation.” Debating the Earth : the Environmental Politics Reader. Ed. John S. Dryzek & David Schlosberg. Oxford; New York: Oxford University Press, 2005. ——-. “Towards a Model of Green Political Economy: From Ecological Modernisation to Economic Security.” Global Ecological Politics. Ed. John Barry and Liam Leonard. Bingley: Emerald Group Publishing, 2010. 109–28. Beck, Ulrich. “Risk Society Revisited.” The Risk Society and Beyond: Critical Issues for Social Theory. Ed. Barbara Adam, Ulrich Beck, & Joost Van Loon. London: SAGE, 2000. Carter, Neil. “Vote Blue, Go Green? 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For those seeking a diversion from the drudgery of work there are a number of websites offering to take you away. Consider the case of wasteaminute.com. On the site there is everything from flash video games, soft-core pornography and animated nudity, to puzzles and parlour games like poker. In addition, the site offers links to video clips grouped in categories such as “funny,” “accidents,” or “strange.” With its bright yellow bubble letters and elementary design, wasteaminute will never win any Webby awards. It is also unlikely to be part of a lucrative initial public offering for its owner, a web marketing company based in Lexington, Kentucky. The internet ratings company Alexa gives wasteaminute a ranking of 5,880,401 when it comes to the most popular sites online over the last three months, quite some way behind sites like Wikipedia, Facebook, and Windows Live.Wasteaminute is not unique. There exists a group of websites, a micro-genre of sorts, that go out of their way to offer momentary escape from the more serious work at hand, with a similar menu of offerings. These include sites with names such as ishouldbeworking.com, i-am-bored.com, boredatwork.com, and drivenbyboredom.com. These web destinations represent only the most overtly named time-wasting opportunities. Video sharing sites like YouTube or France’s DailyMotion, personalised home pages like iGoogle, and the range of applications available on mobile devices offer similar opportunities for escape. Wasteaminute inspired me to think about the relationship between digital media technologies and waste. In one sense, the site’s offerings remind us of the Internet’s capacity to re-purpose old media forms from earlier phases in the digital revolution, like the retro video game PacMan, or from aspects of print culture, like crosswords (Bolter and Grusin; Straw). For my purposes, though, wasteaminute permits the opportunity to meditate, albeit briefly, on the ways media facilitate wasting time at work, particularly for those working in white- and no-collar work environments. In contemporary work environments work activity and wasteful activity exist on the same platform. With a click of a mouse or a keyboard shortcut, work and diversion can be easily interchanged on the screen, an experience of computing I know intimately from first-hand experience. The blurring of lines between work and waste has accompanied the extension of the ‘working day,’ a concept once tethered to the standardised work-week associated with modernity. Now people working in a range of professions take work out of the office and find themselves working in cafes, on public transportation, and at times once reserved for leisure, like weekends (Basso). In response to the indeterminate nature of when and where we are at work, the mainstream media routinely report about the wasteful use of computer technology for non-work purposes. Stories such as a recent one in the Washington Post which claimed that increased employee use of social media sites like Facebook and Twitter led to decreased productivity at work have become quite common in traditional media outlets (Casciato). Media technologies have always offered the prospect of making office work more efficient or the means for management to exercise control over employees. However, those same technologies have also served as the platforms on which one can engage in dilatory acts, stealing time from behind the boss’s back. I suggest stealing time at work may well be a “tactic,” in the sense used by Michel de Certeau, as a means to resist the rules and regulations that structure work and the working life. However, I also consider it to be a tactic in a different sense: websites and other digital applications offer users the means to take time back, in the form of ‘quick hits,’ providing immediate visual or narrative pleasures, or through interfaces which make the time-wasting look like work (Wagman). Reading sites like wasteaminute as examples of ‘office entertainment,’ reminds us of the importance of workers as audiences for web content. An analysis of a few case studies also reveals how the forms of address of these sites themselves recognise and capitalise on an understanding of the rhythms of the working day, as well as those elements of contemporary office culture characterised by interruption, monotony and surveillance. Work, Media, Waste A mass of literature documents the transformations of work brought on by industrialisation and urbanisation. A recent biography of Franz Kafka outlines the rigors imposed upon the writer while working as an insurance agent: his first contract stipulated that “no employee has the right to keep any objects other than those belonging to the office under lock in the desk and files assigned for its use” (Murray 66). Siegfried Kracauer’s collection of writings on salaried workers in Germany in the 1930s argues that mass entertainment offers distractions that inhibit social change. Such restrictions and inducements are exemplary of the attempts to make work succumb to managerial regimes which are intended to maximise productivity and minimise waste, and to establish a division between ‘company time’ and ‘free time’. One does not have to be an industrial sociologist to know the efforts of Frederick W. Taylor, and the disciplines of “scientific management” in the early twentieth century which were based on the idea of making work more efficient, or of the workplace sociology scholarship from the 1950s that drew attention to the ways that office work can be monotonous or de-personalising (Friedmann; Mills; Whyte). Historian JoAnne Yates has documented the ways those transformations, and what she calls an accompanying “philosophy of system and efficiency,” have been made possible through information and communication technologies, from the typewriter to carbon paper (107). Yates evokes the work of James Carey in identifying these developments, for example, the locating of workers in orderly locations such as offices, as spatial in nature. The changing meaning of work, particularly white-collar or bureaucratic labour in an age of precarious employment and neo-liberal economic regimes, and aggressive administrative “auditing technologies,” has subjected employees to more strenuous regimes of surveillance to ensure employee compliance and to protect against waste of company resources (Power). As Andrew Ross notes, after a deep period of self-criticism over the drudgery of work in North American settings in the 1960s, the subsequent years saw a re-thinking of the meaning of work, one that gradually traded greater work flexibility and self-management for more assertive forms of workplace control (9). As Ross notes, this too has changed, an after-effect of “the shareholder revolution,” which forced companies to deliver short-term profitability to its investors at any social cost. With so much at stake, Ross explains, the freedom of employees assumed a lower priority within corporate cultures, and “the introduction of information technologies in the workplace of the new capitalism resulted in the intensified surveillance of employees” (12). Others, like Dale Bradley, have drawn attention to the ways that the design of the office itself has always concerned itself with the bureaucratic and disciplinary control of bodies in space (77). The move away from physical workspaces such as ‘the pen’ to the cubicle and now from the cubicle to the virtual office is for Bradley a move from “construction” to “connection.” This spatial shift in the way in which control over employees is exercised is symbolic of the liquid forms in which bodies are now “integrated with flows of money, culture, knowledge, and power” in the post-industrial global economies of the twenty-first century. As Christena Nippert-Eng points out, receiving office space was seen as a marker of trust, since it provided employees with a sense of privacy to carry out affairs—both of a professional or of a personal matter—out of earshot of others. Privacy means a lot of things, she points out, including “a relative lack of accountability for our immediate whereabouts and actions” (163). Yet those same modalities of control which characterise communication technologies in workspaces may also serve as the platforms for people to waste time while working. In other words, wasteful practices utilize the same technology that is used to regulate and manage time spent in the workplace. The telephone has permitted efficient communication between units in an office building or between the office and outside, but ‘personal business’ can also be conducted on the same line. Radio stations offer ‘easy listening’ formats, providing unobtrusive music so as not to disturb work settings. However, they can easily be tuned to other stations for breaking news, live sports events, or other matters having to do with the outside world. Photocopiers and fax machines facilitate the reproduction and dissemination of communication regardless of whether it is it work or non-work related. The same, of course, is true for computerised applications. Companies may encourage their employees to use Facebook or Twitter to reach out to potential clients or customers, but those same applications may be used for personal social networking as well. Since the activities of work and play can now be found on the same platform, employers routinely remind their employees that their surfing activities, along with their e-mails and company documents, will be recorded on the company server, itself subject to auditing and review whenever the company sees fit. Employees must be careful to practice image management, in order to ensure that contradictory evidence does not appear online when they call in sick to the office. Over time the dynamics of e-mail and Internet etiquette have changed in response to such developments. Those most aware of the distractive and professionally destructive features of downloading a funny or comedic e-mail attachment have come to adopt the acronym “NSFW” (Not Safe for Work). Even those of us who don’t worry about those things are well aware that the cache and “history” function of web browsers threaten to reveal the extent to which our time online is spent in unproductive ways. Many companies and public institutions, for example libraries, have taken things one step further by filtering out access to websites that may be peripheral to the primary work at hand.At the same time contemporary workplace settings have sought to mix both work and play, or better yet to use play in the service of work, to make “work” more enjoyable for its workers. Professional development seminars, team-building exercises, company softball games, or group outings are examples intended to build morale and loyalty to the company among workers. Some companies offer their employees access to gyms, to game rooms, and to big screen TVs, in return for long and arduous—indeed, punishing—hours of time at the office (Dyer-Witheford and Sherman; Ross). In this manner, acts of not working are reconfigured as a form of work, or at least as a productive experience for the company at large. Such perks are offered with an assumption of personal self-discipline, a feature of what Nippert-Eng characterises as the “discretionary workplace” (154). Of course, this also comes with an expectation that workers will stay close to the office, and to their work. As Sarah Sharma recently argued in this journal, such thinking is part of the way that late capitalism constructs “innovative ways to control people’s time and regulate their movement in space.” At the same time, however, there are plenty of moments of gentle resistance, in which the same machines of control and depersonalisation can be customised, and where individual expressions find their own platforms. A photo essay by Anna McCarthy in the Journal of Visual Culture records the inspirational messages and other personalised objects with which workers adorn their computers and work stations. McCarthy’s photographs represent the way people express themselves in relation to their work, making it a “place where workplace politics and power relations play out, often quite visibly” (McCarthy 214). Screen SecretsIf McCarthy’s photo essay illustrates the overt ways in which people bring personal expression or gentle resistance to anodyne workplaces, there are also a series of other ‘screen acts’ that create opportunities to waste time in ways that are disguised as work. During the Olympics and US college basketball playoffs, both American broadcast networks CBS and NBC offered a “boss button,” a graphic link that a user could immediately click “if the boss was coming by” that transformed the screen to something was associated with the culture of work, such as a spreadsheet. Other purveyors of networked time-wasting make use of the spreadsheet to mask distraction. The website cantyouseeimbored turns a spreadsheet into a game of “Breakout!” while other sites, like Spreadtweet, convert your Twitter updates into the form of a spreadsheet. Such boss buttons and screen interfaces that mimic work are the presentday avatars of the “panic button,” a graphic image found at the bottom of websites back in the days of Web 1.0. A click of the panic button transported users away from an offending website and towards something more legitimate, like Yahoo! Even if it is unlikely that boss keys actually convince one’s superiors that one is really working—clicking to a spreadsheet only makes sense for a worker who might be expected to be working on those kinds of documents—they are an index of how notions of personal space and privacy play out in the digitalised workplace. David Kiely, an employee at an Australian investment bank, experienced this first hand when he opened an e-mail attachment sent to him by his co-workers featuring a scantily-clad model (Cuneo and Barrett). Unfortunately for Kiely, at the time he opened the attachment his computer screen was visible in the background of a network television interview with another of the bank’s employees. Kiely’s inauspicious click (which made his the subject of an investigation by his employees) continues to circulate on the Internet, and it spawned a number of articles highlighting the precarious nature of work in a digitalised environment where what might seem to be private can suddenly become very public, and thus able to be disseminated without restraint. At the same time, the public appetite for Kiely’s story indicates that not working at work, and using the Internet to do it, represents a mode of media consumption that is familiar to many of us, even if it is only the servers on the company computer that can account for how much time we spend doing it. Community attitudes towards time spent unproductively online reminds us that waste carries with it a range of negative signifiers. We talk about wasting time in terms of theft, “stealing time,” or even more dramatically as “killing time.” The popular construction of television as the “boob tube” distinguishes it from more ‘productive’ activities, like spending time with family, or exercise, or involvement in one’s community. The message is simple: life is too short to be “wasted” on such ephemera. If this kind of language is less familiar in the digital age, the discourse of ‘distraction’ is more prevalent. Yet, instead of judging distraction a negative symptom of the digital age, perhaps we should reinterpret wasting time as the worker’s attempt to assert some agency in an increasingly controlled workplace. ReferencesBasso, Pietro. Modern Times, Ancient Hours: Working Lives in the Twenty-First Century. London: Verso, 2003. Bolter, Jay David, and Richard Grusin. Remediation: Understanding New Media. Cambridge: MIT Press, 2000.Bradley, Dale. “Dimensions Vary: Technology, Space, and Power in the 20th Century Office”. Topia 11 (2004): 67-82.Casciato, Paul. “Facebook and Other Social Media Cost UK Billions”. Washington Post, 5 Aug. 2010. 11 Aug. 2010 ‹http://www.washingtonpost.com/wp-dyn/content/article/2010/08/05/AR2010080503951.html›.Cuneo, Clementine, and David Barrett. “Was Banker Set Up Over Saucy Miranda”. The Daily Telegraph 4 Feb. 2010. 21 May 2010 ‹http://www.dailytelegraph.com.au/entertainment/sydney-confidential/was-banker-set-up-over-saucy-miranda/story-e6frewz0-1225826576571›.De Certeau, Michel. The Practice of Everyday Life. Vol. 1. Berkeley: U of California P. 1988.Dyer-Witheford, Nick, and Zena Sharman. "The Political Economy of Canada's Video and Computer Game Industry”. Canadian Journal of Communication 30.2 (2005). 1 May 2010 ‹http://www.cjc-online.ca/index.php/journal/article/view/1575/1728›.Friedmann, Georges. Industrial Society. Glencoe, Ill.: Free Press, 1955.Kracauer, Siegfried. The Salaried Masses. London: Verso, 1998.McCarthy, Anna. Ambient Television. Durham: Duke UP, 2001. ———. “Geekospheres: Visual Culture and Material Culture at Work”. Journal of Visual Culture 3 (2004): 213-21.Mills, C. Wright. White Collar. Oxford: Oxford UP, 1951. Murray, Nicholas. Kafka: A Biography. New Haven: Yale UP, 2004.Newman, Michael. “Ze Frank and the Poetics of Web Video”. First Monday 13.5 (2008). 1 Aug. 2010 ‹http://www.uic.edu/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/2102/1962›.Nippert-Eng, Christena. Home and Work: Negotiating Boundaries through Everyday Life. Chicago: U. of Chicago P, 1996.Power, Michael. The Audit Society. Oxford: Oxford UP, 1997. Ross, Andrew. No Collar: The Humane Workplace and Its Hidden Costs. Philadelphia: Temple UP, 2004. Sharma, Sarah. “The Great American Staycation and the Risk of Stillness”. M/C Journal 12.1 (2009). 11 May 2010 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/122›. Straw, Will. “Embedded Memories”. Residual Media Ed. Charles Acland. U. of Minnesota P., 2007. 3-15.Whyte, William. The Organisation Man. New York: Simon and Schuster, 1957. Wagman, Ira. “Log On, Goof Off, Look Up: Facebook and the Rhythms of Canadian Internet Use”. How Canadians Communicate III: Contexts for Popular Culture. Eds. Bart Beaty, Derek, Gloria Filax Briton, and Rebecca Sullivan. Athabasca: Athabasca UP 2009. 55-77. ‹http://www2.carleton.ca/jc/ccms/wp-content/ccms-files/02_Beaty_et_al-How_Canadians_Communicate.pdf›Yates, JoAnne. “Business Use of Information Technology during the Industrial Age”. A Nation Transformed by Information. Eds. Alfred D. Chandler & James W. Cortada. Oxford: Oxford UP., 2000. 107-36.

Our daily environment is surrounded by a paradoxically silent and invisible flow: the coming and going of data through our network cables, routers and wireless devices. This data is not just 1s and 0s, but bits of the conversations, images, sounds, thoughts and other forms of information that result from our interaction with the world around us. If we can speak of a global ambience, it is certainly derived from this constant flow of data. It is an endless murmur that speaks to our machines and gives us a sense of awareness of a certain form of surrounding that is independent from our actual, physical location. The constant “presence” of data around us is something that we have become largely aware of. Already in 1994, Phil Agre stated in an article in WIRED Magazine: “We're so accustomed to data that hardly anyone questions it” (1). Agre indicated that this data is in fact a representation of the world, the discrete bits of information that form the reality we are immersed in. He also proposed that it should be “brought to life” by exploring its relationships with other data and the world itself. A decade later, these relationships had become the core of the new paradigm of the World Wide Web and our interaction with cyberspace. As Mitchell Whitelaw puts it: “The web is increasingly a set of interfaces to datasets ... . On the contemporary web the data pour has become the rule, rather than the exception. The so-called ‘web 2.0’ paradigm further abstracts web content into feeds, real-time flows of XML data” ("Art against Information"). These feeds and flows have been used by artists and researchers in the creation of different forms of dynamic visualisations, in which data is mapped according to a set of parameters in order to summarise it in a single image or structure. Lev Manovich distinguishes in these visualisations those made by artists, to which he refers as “data art”. Unlike other forms of mapping, according to Manovich data art has a precise goal: “The more interesting and at the end maybe more important challenge is how to represent the personal subjective experience of a person living in a data society” (15). Therefore, data artists extract from the bits of information available in cyberspace a dynamic representation of our contemporary environment, the ambience of our digital culture, our shared, intimate and at the same time anonymous, subjectivity. In this article I intend to present some of the ways in which artists have dealt with the murmur of data creatively, exploring the immense amounts of user generated content in forms that interrogate our relationship with the virtual environment and the global community. I will discuss several artistic projects that have shaped the data flow on the Internet in order to take the user back to a state of contemplation, as a listener, an observer, and finally encountering the virtual in a physical form. Listening The concept of ambience particularly evokes an auditory experience related to a given location: in filmmaking, it refers to the sounds of the surrounding space and is the opposite of silence; as a musical genre, ambient music contributes to create a certain atmosphere. In relation to flows of data, it can be said that the applications that analyze Internet traffic and information are “listening” to it, as if someone stands in a public place, overhearing other people's conversations. The act of listening also implies a reception, not an emission, which is a substantial distinction given the fact that data art projects work with given data instead of generating it. As Mitchell Whitelaw states: “Data here is first of all indexical of reality. Yet it is also found, or to put it another way, given. ... Data's creation — in the sense of making a measurement, framing and abstracting something from the flux of the real — is left out” (3). One of the most interesting artistic projects to initially address this sort of “listening” is Carnivore (2001) by the Radical Software Group. Inspired by DCS1000, an e-mail surveillance software developed by the FBI, Carnivore (which was actually the original name of the FBI's program) listens to Internet traffic and serves this data to interfaces (clients) designed by artists, which interpret the provided information in several ways. The data packets can be transformed into an animated graphic, as in amalgamatmosphere (2001) by Joshua Davis, or drive a fleet of radio controlled cars, as in Police State (2003) by Jonah Brucker-Cohen. Yet most of these clients treat data as a more or less abstract value (expressed in numbers) that serves to trigger the reactions in each client. Carnivore clients provide an initial sense of the concept of ambience as reflected in the data circulating the Internet, yet other projects will address this subject more eloquently. Fig. 1: Ben Rubin, Mark Hansen, Listening Post (2001-03). Multimedia installation. Photo: David Allison.Listening Post (2001-04) by Mark Hansen and Ben Rubin is an installation consisting of 231 small electronic screens distributed in a semicircular grid [fig.1: Listening Post]. The screens display texts culled from thousands of Internet chat rooms, which are read by a voice synthesiser and arranged synchronically across the grid. The installation thus becomes a sort of large panel, somewhere between a videowall and an altarpiece, which invites the viewer to engage in a meditative contemplation, seduced by the visual arrangement of the flickering texts scrolling on each screen, appearing and disappearing, whilst sedated by the soft, monotonous voice of the machine and an atmospheric musical soundtrack. The viewer is immersed in a particular ambience generated by the fragmented narratives of the anonymous conversations extracted from the Internet. The setting of the piece, isolated in a dark room, invites contemplation and silence, as the viewer concentrates on seeing and listening. The artists clearly state that their goal in creating this installation was to recreate a sense of ambience that is usually absent in electronic communications: “A participant in a chat room has limited sensory access to the collective 'buzz' of that room or of others nearby – the murmur of human contact that we hear naturally in a park, a plaza or a coffee shop is absent from the online experience. The goal of Listening Post is to collect this buzz and render it at a human scale” (Hansen 114-15). The "buzz", as Hansen and Rubin describe it, is in fact nonexistent in the sense that it does not take place in any physical environment, but is rather the imagined output of the circulation of a myriad blocks of data through the Net. This flow of data is translated into audible and visible signals, thus creating a "murmur" that the viewer can relate to her experience in interacting with other humans. The ambience of a room full of people engaged in conversation is artificially recreated and expanded beyond the boundaries of a real space. By extracting chats from the Internet, the murmur becomes global, reflecting the topics that are being shared by users around the world, in an improvised, ever-changing embodiment of the Zeitgeist, the spirit of the time, or even a certain stream of consciousness on a planetary scale. Fig. 2: Gregory Chatonsky, L'Attente - The Waiting (2007). Net artwork. Photo: Gregory Chatonsky.The idea of contemplation and receptiveness is also present in another artwork that elaborates on the concept of the Zeitgeist. L'Attente [The Waiting] (2007) by Gregory Chatonsky is a net art piece that feeds from the data on the Internet to create an open, never-ending fiction in real time [Fig.2: The Waiting]. In this case, the viewer experiences the artwork on her personal computer, as a sort of film in which words, images and sounds are displayed in a continuous sequence, driven by a slow paced soundtrack that confers a sense of unity to the fragmented nature of the work. The data is extracted in real time from several popular sites (photos from Flickr, posts from Twitter, sound effects from Odeo), the connection between image and text being generated by the network itself: the program extracts text from the posts that users write in Twitter, then selects some words to perform a search on the Flickr database and retrieve photos with matching keywords. The viewer is induced to make sense of this concatenation of visual and audible content and thus creates a story by mentally linking all the elements into what Chatonsky defines as "a fiction without narration" (Chatonsky, Flußgeist). The murmur here becomes a story, but without the guiding voice of a narrator. As with Listening Post, the viewer is placed in the role of a witness or a voyeur, subject to an endless flow of information which is not made of the usual contents distributed by mainstream media, but the personal and intimate statements of her peers, along with the images they have collected and the portraits that identify them in the social networks. In contrast to the overdetermination of History suggested by the term Zeitgeist, Chatonsky proposes a different concept, the spirit of the flow or Flußgeist, which derives not from a single idea expressed by multiple voices but from a "voice" that is generated by listening to all the different voices on the Net (Chatonsky, Zeitgeist). Again, the ambience is conceived as the combination of a myriad of fragments, which requires attentive contemplation. The artist describes this form of interacting with the contents of the piece by making a reference to the character of the angel Damiel in Wim Wenders’s film Wings of Desire (Der Himmel über Berlin, 1987): “to listen as an angel distant and proximate the inner voice of people, to place the hand on their insensible shoulder, to hold without being able to hold back” (Chatonsky, Flußgeist). The act of listening as described in Wenders's character illustrates several key aspects of the above mentioned artworks: there is, on the one hand, a receptiveness, carried out by the applications that extract data from the Internet, which cannot be “hold back” by the user, unable to control the flow that is evolving in front of her. On the other hand, the information she receives is always fragmentary, made up of disconnected parts which are, in the words of the artist Lisa Jevbratt, “rubbings ... indexical traces of reality” (1). Observing The observation of our environment takes us to consider the concept of landscape. Landscape, in its turn, acquires a double nature when we compare our relationship with the physical environment and the digital realm. In this sense, Mitchell Whitelaw stresses that while data moves at superhuman speed, the real world seems slow and persistent (Landscape). The overlapping of dynamic, fast-paced, virtual information on a physical reality that seems static in comparison is one of the distinctive traits of the following projects, in which the ambience is influenced by realtime data in a visual form that is particularly subtle, or even invisible to the naked eye. Fig. 3: Carlo Zanni, The Fifth Day (2009). Net artwork. Screenshot retrieved on 4/4/2009. Photo: Carlo Zanni. The Fifth Day (2009) by Carlo Zanni is a net art piece in which the artist has created a narration by displaying a sequence of ten pictures showing a taxi ride in the city of Alexandria [Fig.3: The Fifth Day]. Although still, the images are dynamic in the sense that they are transformed according to data retrieved from the Internet describing the political and cultural status of Egypt, along with data extracted from the user's own identity on the Net, such as her IP or city of residence. Every time a user accesses the website where the artwork is hosted, this data is collected and its values are applied to the photos by cloning or modifying particular elements in them. For instance, a photograph of a street will show as many passersby as the proportion of seats held by women in national parliament, while the reflection in the taxi driver's mirror in another photo will be replaced by a picture taken from Al-Jazeera's website. Zanni addresses the viewer's perception of the Middle East by inserting small bits of additional information and also elements from the viewer's location and culture into the images of the Egyptian city. The sequence is rendered as the trailer of a political thriller, enhanced by a dramatic soundtrack and concluded with the artwork's credits. As with the abovementioned projects, the viewer must adopt a passive role, contemplating the images before her and eventually observing the minute modifications inserted by the data retrieved in real time. Yet, in this case, the ambience is not made manifest by a constant buzz to which one must listen, but quite more subtly it is suggested by the fact that not even a still image is always the same. As if observing a landscape, the overall impression is that nothing has changed while there are minor transformations that denote a constant evolution. Zanni has explored this idea in previous works such as eBayLandscape (2004), in which he creates a landscape image by combining data extracted from several websites, or My Temporary Visiting Position from the Sunset Terrace Bar (2007), in which a view of the city of Ahlen (Germany) is combined with a real time webcam image of the sky in Naples (Italy). Although they may seem self-enclosed, these online, data-driven compositions also reflect the global ambience, the Zeitgeist, in different forms. As Carlo Giordano puts it: "Aesthetically, the work aims to a nearly seamless integration of mixed fragments. The contents of these parts, reflecting political and economical issues ... thematize actuality and centrality, amplifying the author's interest in what everybody is talking about, what happens hic et nunc, what is in the fore of the media and social discourse" (16-17). A landscape made of data, such as Zanni's eBayLandscape, is the most eloquent image of how an invisible layer of information is superimposed over our physical environment. Fig. 4: Clara Boj and Diego Díaz, Red Libre, Red Visible (2004-06). Intervention in the urban space. Photo: Lalalab.Artists Clara Boj and Diego Díaz, moreover, have developed a visualisation of the actual flows of data that permeate the spaces we inhabit. In Red Libre, Red Visible [Free Network, Visible Network] (2004-06), Boj and Díaz used Augmented Reality (AR) technology to display the flows of data in a local wireless network by creating AR marker tags that were placed on the street. A Carnivore client developed by the artists enabled anyone with a webcam pointing towards the marker tag and connected to the Wi-Fi network to see in real time the data packets flowing from their computer towards the tag [Fig.4: Red Libre]. The marker tags therefore served both as a tool for the visualisation of network activity as well as a visual sign of the existence of an open network in a particular urban area. Later on, they added the possibility of inserting custom made messages, 3D shapes and images that would appear when a particular AR marker tag was seen through the lens of the webcam. With this project, Boj and Díaz give the user the ability to observe and interact with a layer of her environment that was previously invisible and in some senses, out of reach. The artists developed this idea further in Observatorio [Observatory] (2008), a sightseeing telescope that reveals the existence of Wi-Fi networks in an urban area. In both projects, an important yet unnoticed aspect of our surroundings is brought into focus. As with Carlo Zanni's projects, we are invited to observe what usually escapes our perception. The ambience in our urban environment has also been explored by Julian Oliver, Clara Boj, Diego Díaz and Damian Stewart in The Artvertiser (2009-10), a hand-held augmented reality (AR) device that allows to substitute advertising billboards with custom made images. As Naomi Klein states in her book No Logo, the public spaces in most cities have been dominated by corporate advertising, allowing little or no space for freedom of expression (Klein 399). Oliver's project faces this situation by enabling a form of virtual culture jamming which converts any billboard-crowded plaza into an unparalleled exhibition space. Using AR technology, the artists have developed a system that enables anyone with a camera phone, smartphone or the customised "artvertiser binoculars" to record and substitute any billboard advertisement with a modified image. The user can therefore interact with her environment, first by observing and being aware of the presence of these commercial spaces and later on by inserting her own creations or those of other artists. By establishing a connection to the Internet, the modified billboard can be posted on sites like Flickr or YouTube, generating a constant feedback between the real location and the Net. Gregory Chatonsky's concept of the Flußgeist, which I mentioned earlier, is also present in these works, visually displaying the data on top of a real environment. Again, the user is placed in a passive situation, as a receptor of the information that is displayed in front of her, but in this case the connection with reality is made more evident. Furthermore, the perception of the environment minimises the awareness of the fragmentary nature of the information generated by the flow of data. Embodying In her introduction to the data visualisation section of her book Digital Art, Christiane Paul stresses the fact that data is “intrinsically virtual” and therefore lacking a particular form of manifestation: “Information itself to a large extent seems to have lost its 'body', becoming an abstract 'quality' that can make a fluid transition between different states of materiality” (Paul 174). Although data has no “body”, we can consider, as Paul suggests, any object containing a particular set of information to be a dataspace in its own. In this sense, a tendency in working with the Internet dataflow is to create a connection between the data and a physical object, either as the end result of a process in which the data has been collected and then transferred to a physical form, or providing a means of physically reshaping the object through the variable input of data. The objectification of data thus establishes a link between the virtual and the real, but in the context of an artwork it also implies a particular meaning, as the following examples will show.Fig. 5: Gregory Chatonsky, Le Registre - The Register (2007). Book shelf and books. Photo: Pau Waelder. In Le Registre [The Register] (2007), Gregory Chatonsky developed a software application that gathers sentences related to feelings found on blogs. These sentences are recorded and put together in the form a 500-page book every hour. Every day, the books are gathered in sets of 24 and incorporated to an infinite library. Chatonsky has created a series of bookshelves to collect the books for one day, therefore turning an abstract process into an object and providing a physical embodiment of the murmur of data that I have described earlier [Fig.5: Le Registre]. As with L'Attente, in this work Chatonsky elaborates on the concept of Flußgeist, by “listening” to a specific set of data (in a similar way as in Hansen and Rubin's Listening Post) and bringing it into salience. The end product of this process is not just a meaningless object but actually what makes this work profoundly ironic: printing the books is a futile effort, but also constitutes a borgesque attempt at creating an endless library of something as ephemeral as feelings. In a similar way, but with different intentions, Jens Wunderling brings the online world to the physical world in Default to Public (2009). A series of objects are located in several public spaces in order to display information extracted from users of the Twitter network. Wunderling's installation projects the tweets on a window or prints them in adhesive labels, while informing the users that their messages have been taken for this purpose. The materialisation of information meant for a virtual environment implies a new approach to the concept of ambiance as described previously, and in this case also questions the intimacy of those participating in social networks. As the artist puts it: "In times of rapid change concerning communication behavior, media access and competence, the project Default to Public aims to raise awareness of the possible effects on our lives and our privacy" (Wunderling 155). Fig. 6: Moisés Mañas, Stock (2009). Networked installation. Photo: Moisés Mañas. Finally, in Stock (2009), Moisés Mañas embodies the flow of data from stock markets in an installation consisting of several trench coats hanging from automated coat hangers which oscillate when the stock values of a certain company rise. The resulting movement of the respective trench coat simulates a person laughing. In this work, Mañas translates the abstract flow of data into a clearly understandable gesture, providing at the same time a comment on the dynamics of stock markets [Fig.6: Stock]. Mañas´s project does not therefore simply create a physical output of a specific information (such as the stock value of a company at any given moment), but instead creates a dynamic sculpture which suggests a different perception of an otherwise abstract data. On the one hand, the trenchcoats have a ghostly presence and, as they move with unnatural spams, they remind us of the Freudian concept of the Uncanny (Das Umheimliche) so frequently associated with robots and artificial intelligence. On the other hand, the image of a person laughing, in the context of stock markets and the current economical crisis, becomes an ironic symbol of the morality of some stockbrokers. In these projects, the ambience is brought into attention by generating a physical output of a particular set of data that is extracted from certain channels and piped into a system that creates an embodiment of this immaterial flow. Yet, as the example of Mañas's project clearly shows, objects have particular meanings that are incorporated into the artwork's concept and remind us that the visualisation of information in data art is always discretionary, shaped in a particular form in order to convey the artist's intentions. Beyond the Buzz The artworks presented in this article revealt that, beyond the murmur of sentences culled from chats and blogs, the flow of data on the Internet can be used to express our difficult relationship with the vast amount of information that surrounds us. As Mitchell Whitelaw puts it: “Data art reflects a contemporary worldview informed by data excess; ungraspable quantity, wide distribution, mobility, heterogeneity, flux. Orienting ourselves in this domain is a constant challenge; the network exceeds any overview or synopsis” (Information). This excess is compared by Lev Manovich with the Romantic concept of the Sublime, that which goes beyond the limits of human measure and perception, and suggests an interpretation of data art as the Anti-Sublime (Manovich 11). Yet, in the projects that I have presented, rather than making sense of the constant flow of data there is a sort of dialogue, a framing of the information under a particular interpretation. Data is channeled through the artworks's interfaces but remains as a raw material, unprocessed to some extent, retrieved from its original context. These works explore the possibility of presenting us with constantly renewed content that will develop and, if the artwork is preserved, reflect the thoughts and visions of the next generations. A work constantly evolving in the present continuous, yet also depending on the uncertain future of social network companies and the ever-changing nature of the Internet. The flow of data will nevertheless remain unstoppable, our ambience defined by the countless interactions that take place every day between our divided self and the growing number of machines that share information with us. References Agre, Phil. “Living Data.” Wired 2.11 (Nov. 1994). 30 April 2010 ‹http://www.wired.com/wired/archive/2.11/agre.if.html›. Chatonsky, Gregory. “Flußgeist, une fiction sans narration.” Gregory Chatonsky, Notes et Fragments 13 Feb. 2007. 28 Feb. 2010 ‹http://incident.net/users/gregory/wordpress/13-flusgeist-une-fiction-sans-narration/›. ———. “Le Zeitgeist et l'esprit de 'nôtre' temps.” Gregory Chatonsky, Notes et Fragments 21 Jan. 2007. 28 Feb. 2010 ‹http://incident.net/users/gregory/wordpress/21-le-zeigeist-et-lesprit-de-notre-temps/›. Giordano, Carlo. Carlo Zanni. Vitalogy. A Study of a Contemporary Presence. London: Institute of Contemporary Arts, 2005. Hansen, Mark, and Ben Rubin. “Listening Post.” Cyberarts 2004. International Compendium – Prix Ars Electronica 2004. Ed. Hannes Leopoldseder and Christine Schöpf. Ostfildern: Hate Cantz, 2004. 112-17. ———. “Babble Online: Applying Statistics and Design to Sonify the Internet.” Proceedings of the 2001 International Conference on Auditory Display, Espoo, Finland. 30 April 2010 ‹http://www.acoustics.hut.fi/icad2001/proceedings/papers/hansen.pdf›. Jevbratt, Lisa. “Projects.” A::minima 15 (2003). 30 April 2010 ‹http://aminima.net/wp/?p=93&language=en›. Klein, Naomi. No Logo. [El poder de las marcas]. Barcelona: Paidós, 2007. Manovich, Lev. “Data Visualization as New Abstraction and Anti-Sublime.” Manovich.net Aug. 2002. 30 April 2010 ‹http://www.manovich.net/DOCS/data_art_2.doc›. Paul, Christiane. Digital Art. London: Thames & Hudson, 2003. Whitelaw, Mitchell. “Landscape, Slow Data and Self-Revelation.” Kerb 17 (May 2009). 30 April 2010 ‹http://teemingvoid.blogspot.com/2009/05/landscape-slow-data-and-self-revelation.html›. ———. “Art against Information: Case Studies in Data Practice.” Fibreculture 11 (Jan. 2008). 30 April 2010 ‹http://journal.fibreculture.org/issue11/issue11_whitelaw.html›. Wunderling, Jens. "Default to Public." Cyberarts 2009. International Compendium – Prix Ars Electronica 2004. Ed. Hannes Leopoldseder, Christine Schöpf and Gerfried Stocker. Ostfildern: Hate Cantz, 2009. 154-55.

Refereed publications (also known as peer-reviewed) are the currency of academia, yet many PhD theses in Australia result in only one or two such papers. Typically, a doctoral thesis requires the candidate to present (and pass) a public Confirmation Seminar, around nine to twelve months into candidacy, in which a panel of the candidate’s supervisors and invited experts adjudicate upon whether the work is likely to continue and ultimately succeed in the goal of a coherent and original contribution to knowledge. A Final Seminar, also public and sometimes involving the traditional viva voce or oral defence of the thesis, is presented two or three months before approval is given to send the 80,000 to 100,000 word tome off for external examination. And that soul-destroying or elation-releasing examiner’s verdict can be many months in the delivery: a limbo-like period during which the candidate’s status as a student is ended and her or his receipt of any scholarship or funding guerdon is terminated with perfunctory speed. This is the only time most students spend seriously writing up their research for publication although, naturally, many are more involved in job hunting as they pin their hopes on passing the thesis examination.There is, however, a slightly more palatable alternative to this nail-biting process of the traditional PhD, and that is the PhD by Published Papers (also known as PhD by Publications or PhD by Published Works). The form of my own soon-to-be-submitted thesis, it permits the submission for examination of a collection of papers that have been refereed and accepted (or are in the process of being refereed) for publication in academic journals or books. Apart from the obvious benefits in getting published early in one’s (hopefully) burgeoning academic career, it also takes away a lot of the stress come final submission time. After all, I try to assure myself, the thesis examiners can’t really discredit the process of double-blind, peer-review the bulk of the thesis has already undergone: their job is to examine how well I’ve unified the papers into a cohesive thesis … right? But perhaps they should at least be wary, because, unfortunately, the requirements for this kind of PhD vary considerably from institution to institution and there have been some cases where the submitted work is of questionable quality compared to that produced by graduates from more demanding universities. Hence, this paper argues that in my subject area of interest—film and television studies—there is a huge range in the set requirements for doctorates, from universities that award the degree to film artists for prior published work that has undergone little or no academic scrutiny and has involved little or no on-campus participation to at least three Australian universities that require candidates be enrolled for a minimum period of full-time study and only submit scholarly work generated and published (or submitted for publication) during candidature. I would also suggest that uncertainty about where a graduate’s work rests on this continuum risks confusing a hard-won PhD by Published Papers with the sometimes risible honorary doctorate. Let’s begin by dredging the depths of those murky, quasi-academic waters to examine the occasionally less-than-salubrious honorary doctorate. The conferring of this degree is generally a recognition of an individual’s body of (usually published) work but is often conferred for contributions to knowledge or society in general that are not even remotely academic. The honorary doctorate does not usually carry with it the right to use the title “Dr” (although many self-aggrandising recipients in the non-academic world flout this unwritten code of conduct, and, indeed, Monash University’s Monash Magazine had no hesitation in describing its 2008 recipient, musician, screenwriter, and art-school-dropout Nick Cave, as “Dr Cave” (O’Loughlin)). Some shady universities even offer such degrees for sale or ‘donation’ and thus do great damage to that institution’s credibility as well as to the credibility of the degree itself. Such overseas “diploma mills”—including Ashwood University, Belford University, Glendale University and Suffield University—are identified by their advertising of “Life Experience Degrees,” for which a curriculum vitae outlining the prospective graduand’s oeuvre is accepted on face value as long as their credit cards are not rejected. An aspiring screen auteur simply specifies film and television as their major and before you can shout “Cut!” there’s a degree in the mail. Most of these pseudo-universities are not based in Australia but are perfectly happy to confer their ‘titles’ to any well-heeled, vanity-driven Australians capable of completing the online form. Nevertheless, many academics fear a similarly disreputable marketplace might develop here, and Norfolk Island-based Greenwich University presents a particularly illuminating example. Previously empowered by an Act of Parliament consented to by Senator Ian Macdonald, the then Minister for Territories, this “university” had the legal right to confer honorary degrees from 1998. The Act was eventually overridden by legislation passed in 2002, after a concerted effort by the Australian Universities Quality Agency Ltd. and the Australian Vice-Chancellors’ Committee to force the accreditation requirements of the Australian Qualifications Framework upon the institution in question, thus preventing it from making degrees available for purchase over the Internet. Greenwich University did not seek re-approval and soon relocated to its original home of Hawaii (Brown). But even real universities flounder in similarly muddy waters when, unsolicited, they make dubious decisions to grant degrees to individuals they hold in high esteem. Although meaning well by not courting pecuniary gain, they nevertheless invite criticism over their choice of recipient for their honoris causa, despite the decision usually only being reached after a process of debate and discussion by university committees. Often people are rewarded, it seems, as much for their fame as for their achievements or publications. One such example of a celebrity who has had his onscreen renown recognised by an honorary doctorate is film and television actor/comedian Billy Connolly who was awarded an Honorary Doctor of Letters by The University of Glasgow in 2006, prompting Stuart Jeffries to complain that “something has gone terribly wrong in British academia” (Jeffries). Eileen McNamara also bemoans the levels to which some institutions will sink to in search of media attention and exposure, when she writes of St Andrews University in Scotland conferring an honorary doctorate to film actor and producer, Michael Douglas: “What was designed to acknowledge intellectual achievement has devolved into a publicity grab with universities competing for celebrity honorees” (McNamara). Fame as an actor (and the list gets even weirder when the scope of enquiry is widened beyond the field of film and television), seems to be an achievement worth recognising with an honorary doctorate, according to some universities, and this kind of discredit is best avoided by Australian institutions of higher learning if they are to maintain credibility. Certainly, universities down under would do well to follow elsewhere than in the footprints of Long Island University’s Southampton College. Perhaps the height of academic prostitution of parchments for the attention of mass media occurred when in 1996 this US school bestowed an Honorary Doctorate of Amphibious Letters upon that mop-like puppet of film and television fame known as the “muppet,” Kermit the Frog. Indeed, this polystyrene and cloth creation with an anonymous hand operating its mouth had its acceptance speech duly published (see “Kermit’s Acceptance Speech”) and the Long Island University’s Southampton College received much valuable press. After all, any publicity is good publicity. Or perhaps this furry frog’s honorary degree was a cynical stunt meant to highlight the ridiculousness of the practice? In 1986 a similar example, much closer to my own home, occurred when in anticipation and condemnation of the conferral of an honorary doctorate upon Prince Philip by Monash University in Melbourne, the “Members of the Monash Association of Students had earlier given a 21-month-old Chihuahua an honorary science degree” (Jeffries), effectively suggesting that the honorary doctorate is, in fact, a dog of a degree. On a more serious note, there have been honorary doctorates conferred upon far more worthy recipients in the field of film and television by some Australian universities. Indigenous film-maker Tracey Moffatt was awarded an honorary doctorate by Griffith University in November of 2004. Moffatt was a graduate of the Griffith University’s film school and had an excellent body of work including the films Night Cries: A Rural Tragedy (1990) and beDevil (1993). Acclaimed playwright and screenwriter David Williamson was presented with an Honorary Doctorate of Letters by The University of Queensland in December of 2004. His work had previously picked up four Australian Film Institute awards for best screenplay. An Honorary Doctorate of Visual and Performing Arts was given to film director Fred Schepisi AO by The University of Melbourne in May of 2006. His films had also been earlier recognised with Australian Film Institute awards as well as the Golden Globe Best Miniseries or Television Movie award for Empire Falls in 2006. Director George Miller was crowned with an Honorary Doctorate in Film from the Australian Film, Television, and Radio School in April 2007, although he already had a medical doctor’s testamur on his wall. In May of this year, filmmaker George Gittoes, a fine arts dropout from The University of Sydney, received an honorary doctorate by The University of New South Wales. His documentaries, Soundtrack to War (2005) and Rampage (2006), screened at the Sydney and Berlin film festivals, and he has been employed by the Australian Government as an official war artist. Interestingly, the high quality screen work recognised by these Australian universities may have earned the recipients ‘real’ PhDs had they sought the qualification. Many of these film artists could have just as easily submitted their work for the degree of PhD by Published Papers at several universities that accept prior work in lieu of an original exegesis, and where a film is equated with a book or journal article. But such universities still invite comparisons of their PhDs by Published Papers with honorary doctorates due to rather too-easy-to-meet criteria. The privately funded Bond University, for example, recommends a minimum full-time enrolment of just three months and certainly seems more lax in its regulations than other Antipodean institution: a healthy curriculum vitae and payment of the prescribed fee (currently AUD$24,500 per annum) are the only requirements. Restricting my enquiries once again to the field of my own research, film and television, I note that Dr. Ingo Petzke achieved his 2004 PhD by Published Works based upon films produced in Germany well before enrolling at Bond, contextualized within a discussion of the history of avant-garde film-making in that country. Might not a cynic enquire as to how this PhD significantly differs from an honorary doctorate? Although Petzke undoubtedly paid his fees and met all of Bond’s requirements for his thesis entitled Slow Motion: Thirty Years in Film, one cannot criticise that cynic for wondering if Petzke’s films are indeed equivalent to a collection of refereed papers. It should be noted that Bond is not alone when it comes to awarding candidates the PhD by Published Papers for work published or screened in the distant past. Although yet to grant it in the area of film or television, Swinburne University of Technology (SUT) is an institution that distinctly specifies its PhD by Publications is to be awarded for “research which has been carried out prior to admission to candidature” (8). Similarly, the Griffith Law School states: “The PhD (by publications) is awarded to established researchers who have an international reputation based on already published works” (1). It appears that Bond is no solitary voice in the academic wilderness, for SUT and the Griffith Law School also apparently consider the usual milestones of Confirmation and Final Seminars to be unnecessary if the so-called candidate is already well published. Like Bond, Griffith University (GU) is prepared to consider a collection of films to be equivalent to a number of refereed papers. Dr Ian Lang’s 2002 PhD (by Publication) thesis entitled Conditional Truths: Remapping Paths To Documentary ‘Independence’ contains not refereed, scholarly articles but the following videos: Wheels Across the Himalaya (1981); Yallambee, People of Hope (1986); This Is What I Call Living (1988); The Art of Place: Hanoi Brisbane Art Exchange (1995); and Millennium Shift: The Search for New World Art (1997). While this is a most impressive body of work, and is well unified by appropriate discussion within the thesis, the cynic who raised eyebrows at Petzke’s thesis might also be questioning this thesis: Dr Lang’s videos all preceded enrolment at GU and none have been refereed or acknowledged with major prizes. Certainly, the act of releasing a film for distribution has much in common with book publishing, but should these videos be considered to be on a par with academic papers published in, say, the prestigious and demanding journal Screen? While recognition at awards ceremonies might arguably correlate with peer review there is still the question as to how scholarly a film actually is. Of course, documentary films such as those in Lang’s thesis can be shown to be addressing gaps in the literature, as is the expectation of any research paper, but the onus remains on the author/film-maker to demonstrate this via a detailed contextual review and a well-written, erudite argument that unifies the works into a cohesive thesis. This Lang has done, to the extent that suspicious cynic might wonder why he chose not to present his work for a standard PhD award. Another issue unaddressed by most institutions is the possibility that the publications have been self-refereed or refereed by the candidate’s editorial colleagues in a case wherein the papers appear in a book the candidate has edited or co-edited. Dr Gillian Swanson’s 2004 GU thesis Towards a Cultural History of Private Life: Sexual Character, Consuming Practices and Cultural Knowledge, which addresses amongst many other cultural artefacts the film Lawrence of Arabia (David Lean 1962), has nine publications: five of which come from two books she co-edited, Nationalising Femininity: Culture, Sexuality and Cinema in Britain in World War Two, (Gledhill and Swanson 1996) and Deciphering Culture: Ordinary Curiosities and Subjective Narratives (Crisp et al 2000). While few would dispute the quality of Swanson’s work, the persistent cynic might wonder if these five papers really qualify as refereed publications. The tacit understanding of a refereed publication is that it is blind reviewed i.e. the contributor’s name is removed from the document. Such a system is used to prevent bias and favouritism but this level of anonymity might be absent when the contributor to a book is also one of the book’s editors. Of course, Dr Swanson probably took great care to distance herself from the refereeing process undertaken by her co-editors, but without an inbuilt check, allegations of cronyism from unfriendly cynics may well result. A related factor in making comparisons of different university’s PhDs by Published Papers is the requirements different universities have about the standard of the journal the paper is published in. It used to be a simple matter in Australia: the government’s Department of Education, Science and Training (DEST) held a Register of Refereed Journals. If your benefactor in disseminating your work was on the list, your publications were of near-unquestionable quality. Not any more: DEST will no longer accept nominations for listing on the Register and will not undertake to rule on whether a particular journal article meets the HERDC [Higher Education Research Data Collection] requirements for inclusion in publication counts. HEPs [Higher Education Providers] have always had the discretion to determine if a publication produced in a journal meets the requirements for inclusion in the HERDC regardless of whether or not the journal was included on the Register of Refereed Journals. As stated in the HERDC specifications, the Register is not an exhaustive list of all journals which satisfy the peer-review requirements (DEST). The last listing for the DEST Register of Refereed Journals was the 3rd of February 2006, making way for a new tiered list of academic journals, which is currently under review in the Australian tertiary education sector (see discussion of this development in the Redden and Mitchell articles in this issue). In the interim, some university faculties created their own rankings of journals, but not the Faculty of Creative Industries at the Queensland University of Technology (QUT) where I am studying for my PhD by Published Papers. Although QUT does not have a list of ranked journals for a candidate to submit papers to, it is otherwise quite strict in its requirements. The QUT University Regulations state, “Papers submitted as a PhD thesis must be closely related in terms of subject matter and form a cohesive research narrative” (QUT PhD regulation 14.1.2). Thus there is the requirement at QUT that apart from the usual introduction, methodology and literature review, an argument must be made as to how the papers present a sustained research project via “an overarching discussion of the main features linking the publications” (14.2.12). It is also therein stated that it should be an “account of research progress linking the research papers” (4.2.6). In other words, a unifying essay must make an argument for consideration of the sometimes diversely published papers as a cohesive body of work, undertaken in a deliberate journey of research. In my own case, an aural auteur analysis of sound in the films of Rolf de Heer, I argue that my published papers (eight in total) represent a journey from genre analysis (one paper) to standard auteur analysis (three papers) to an argument that sound should be considered in auteur analysis (one paper) to the major innovation of the thesis, aural auteur analysis (three papers). It should also be noted that unlike Bond, GU or SUT, the QUT regulations for the standard PhD still apply: a Confirmation Seminar, Final Seminar and a minimum two years of full-time enrolment (with a minimum of three months residency in Brisbane) are all compulsory. Such milestones and sine qua non ensure the candidate’s academic progress and intellectual development such that she or he is able to confidently engage in meaningful quodlibets regarding the thesis’s topic. Another interesting and significant feature of the QUT guidelines for this type of degree is the edict that papers submitted must be “published, accepted or submitted during the period of candidature” (14.1.1). Similarly, the University of Canberra (UC) states “The articles or other published material must be prepared during the period of candidature” (10). Likewise, Edith Cowan University (ECU) will confer its PhD by Publications to those candidates whose thesis consists of “only papers published in refereed scholarly media during the period of enrolment” (2). In other words, one cannot simply front up to ECU, QUT, or UC with a résumé of articles or films published over a lifetime of writing or film-making and ask for a PhD by Published Papers. Publications of the candidate prepared prior to commencement of candidature are simply not acceptable at these institutions and such PhDs by Published Papers from QUT, UC and ECU are entirely different to those offered by Bond, GU and SUT. Furthermore, without a requirement for a substantial period of enrolment and residency, recipients of PhDs by Published Papers from Bond, GU, or SUT are unlikely to have participated significantly in the research environment of their relevant faculty and peers. Such newly minted doctors may be as unfamiliar with the campus and its research activities as the recipient of an honorary doctorate usually is, as he or she poses for the media’s cameras en route to the glamorous awards ceremony. Much of my argument in this paper is built upon the assumption that the process of refereeing a paper (or for that matter, a film) guarantees a high level of academic rigour, but I confess that this premise is patently naïve, if not actually flawed. Refereeing can result in the rejection of new ideas that conflict with the established opinions of the referees. Interdisciplinary collaboration can be impeded and the lack of referee’s accountability is a potential problem, too. It can also be no less nail-biting a process than the examination of a finished thesis, given that some journals take over a year to complete the refereeing process, and some journal’s editorial committees have recognised this shortcoming. Despite being a mainstay of its editorial approach since 1869, the prestigious science journal, Nature, which only publishes about 7% of its submissions, has led the way with regard to varying the procedure of refereeing, implementing in 2006 a four-month trial period of ‘Open Peer Review’. Their website states, Authors could choose to have their submissions posted on a preprint server for open comments, in parallel with the conventional peer review process. Anyone in the field could then post comments, provided they were prepared to identify themselves. Once the usual confidential peer review process is complete, the public ‘open peer review’ process was closed and the editors made their decision about publication with the help of all reports and comments (Campbell). Unfortunately, the experiment was unpopular with both authors and online peer reviewers. What the Nature experiment does demonstrate, however, is that the traditional process of blind refereeing is not yet perfected and can possibly evolve into something less problematic in the future. Until then, refereeing continues to be the best system there is for applying structured academic scrutiny to submitted papers. With the reforms of the higher education sector, including forced mergers of universities and colleges of advanced education and the re-introduction of university fees (carried out under the aegis of John Dawkins, Minister for Employment, Education and Training from 1987 to 1991), and the subsequent rationing of monies according to research dividends (calculated according to numbers of research degree conferrals and publications), there has been a veritable explosion in the number of institutions offering PhDs in Australia. But the general public may not always be capable of differentiating between legitimately accredited programs and diploma mills, given that the requirements for the first differ substantially. From relatively easily obtainable PhDs by Published Papers at Bond, GU and SUT to more rigorous requirements at ECU, QUT and UC, there is undoubtedly a huge range in the demands of degrees that recognise a candidate’s published body of work. The cynical reader may assume that with this paper I am simply trying to shore up my own forthcoming graduation with a PhD by Published papers from potential criticisms that it is on par with a ‘purchased’ doctorate. Perhaps they are right, for this is a new degree in QUT’s Creative Industries faculty and has only been awarded to one other candidate (Dr Marcus Foth for his 2006 thesis entitled Towards a Design Methodology to Support Social Networks of Residents in Inner-City Apartment Buildings). But I believe QUT is setting a benchmark, along with ECU and UC, to which other universities should aspire. In conclusion, I believe further efforts should be undertaken to heighten the differences in status between PhDs by Published Papers generated during enrolment, PhDs by Published Papers generated before enrolment and honorary doctorates awarded for non-academic published work. Failure to do so courts cynical comparison of all PhD by Published Papers with unearnt doctorates bought from Internet shysters. References Brown, George. “Protecting Australia’s Higher Education System: A Proactive Versus Reactive Approach in Review (1999–2004).” Proceedings of the Australian Universities Quality Forum 2004. Australian Universities Quality Agency, 2004. 11 June 2008 ‹http://www.auqa.edu.au/auqf/2004/program/papers/Brown.pdf>. Campbell, Philip. “Nature Peer Review Trial and Debate.” Nature: International Weekly Journal of Science. December 2006. 11 June 2008 ‹http://www.nature.com/nature/peerreview/> Crisp, Jane, Kay Ferres, and Gillian Swanson, eds. Deciphering Culture: Ordinary Curiosities and Subjective Narratives. London: Routledge, 2000. Department of Education, Science and Training (DEST). “Closed—Register of Refereed Journals.” Higher Education Research Data Collection, 2008. 11 June 2008 ‹http://www.dest.gov.au/sectors/research_sector/online_forms_services/ higher_education_research_data_ collection.htm>. Edith Cowan University. “Policy Content.” Postgraduate Research: Thesis by Publication, 2003. 11 June 2008 ‹http://www.ecu.edu.au/GPPS/policies_db/tmp/ac063.pdf>. Gledhill, Christine, and Gillian Swanson, eds. Nationalising Femininity: Culture, Sexuality and Cinema in Britain in World War Two. Manchester: Manchester UP, 1996. Griffith Law School, Griffith University. Handbook for Research Higher Degree Students. 24 March 2004. 11 June 2008 ‹http://www.griffith.edu.au/centre/slrc/pdf/rhdhandbook.pdf>. Jeffries, Stuart. “I’m a celebrity, get me an honorary degree!” The Guardian 6 July 2006. 11 June 2008 ‹http://education.guardian.co.uk/higher/comment/story/0,,1813525,00.html>. Kermit the Frog. “Kermit’s Commencement Address at Southampton Graduate Campus.” Long Island University News 19 May 1996. 11 June 2008 ‹http://www.southampton.liu.edu/news/commence/1996/kermit.htm>. McNamara, Eileen. “Honorary senselessness.” The Boston Globe 7 May 2006. ‹http://www. boston.com/news/local/articles/2006/05/07/honorary_senselessness/>. O’Loughlin, Shaunnagh. “Doctor Cave.” Monash Magazine 21 (May 2008). 13 Aug. 2008 ‹http://www.monash.edu.au/pubs/monmag/issue21-2008/alumni/cave.html>. Queensland University of Technology. “Presentation of PhD Theses by Published Papers.” Queensland University of Technology Doctor of Philosophy Regulations (IF49). 12 Oct. 2007. 11 June 2008 ‹http://www.mopp.qut.edu.au/Appendix/appendix09.jsp#14%20Presentation %20of%20PhD%20Theses>. Swinburne University of Technology. Research Higher Degrees and Policies. 14 Nov. 2007. 11 June 2008 ‹http://www.swinburne.edu.au/corporate/registrar/ppd/docs/RHDpolicy& procedure.pdf>. University of Canberra. Higher Degrees by Research: Policy and Procedures (The Gold Book). 7.3.3.27 (a). 15 Nov. 2004. 11 June 2008 ‹http://www.canberra.edu.au/research/attachments/ goldbook/Pt207_AB20approved3220arp07.pdf>.

Introduction: Bubbles and Sport The ephemeral materiality of bubbles – beautiful, spectacular, and distracting but ultimately fragile – when applied to protect or conserve in the interests of sport-media profit, creates conditions that exacerbate existing inequalities in sport and society. Bubbles are usually something to watch, admire, and chase after in their brief yet shiny lives. There is supposed to be, technically, nothing inside them other than one or more gasses, and yet we constantly refer to people and objects being inside bubbles. The metaphor of the bubble has been used to describe the life of celebrities, politicians in purpose-built capital cities like Canberra, and even leftist, environmentally activist urban dwellers. The metaphorical and material qualities of bubbles are aligned—they cannot be easily captured and are liable to change at any time. In this article we address the metaphorical sporting bubble, which is often evoked in describing life in professional sport. This is a vernacular term used to capture and condemn the conditions of life of elite sportspeople (usually men), most commonly after there has been a sport-related scandal, especially of a sexual nature (Rowe). It is frequently paired with connotatively loaded adjectives like pampered and indulged. The sporting bubble is rarely interrogated in academic literature, the concept largely being left to the media and moral entrepreneurs. It is represented as involving a highly privileged but also pressurised life for those who live inside it. A sporting bubble is a world constructed for its most prized inhabitants that enables them to be protected from insurgents and to set the terms of their encounters with others, especially sport fans and disciplinary agents of the state. The Covid-19 pandemic both reinforced and reconfigured the operational concept of the bubble, re-arranging tensions between safety (protecting athletes) and fragility (short careers, risks of injury, etc.) for those within, while safeguarding those without from bubble contagion. Privilege and Precarity Bubble-induced social isolation, critics argue, encourages a loss of perspective among those under its protection, an entitled disconnection from the usual rules and responsibilities of everyday life. For this reason, the denizens of the sporting bubble are seen as being at risk to themselves and, more troublingly, to those allowed temporarily to penetrate it, especially young women who are first exploited by and then ejected from it (Benedict). There are many well-documented cases of professional male athletes “behaving badly” and trying to rely on institutional status and various versions of the sporting bubble for shelter (Flood and Dyson; Reel and Crouch; Wade). In the age of mobile and social media, it is increasingly difficult to keep misbehaviour in-house, resulting in a slew of media stories about, for example, drunkenness and sexual misconduct, such as when then-Sydney Roosters co-captain Mitchell Pearce was suspended and fined in 2016 after being filmed trying to force an unwanted kiss on a woman and then simulating a lewd act with her dog while drunk. There is contestation between those who condemn such behaviour as aberrant and those who regard it as the conventional expression of youthful masculinity as part of the familiar “boys will be boys” dictum. The latter naturalise an inequitable gender order, frequently treating sportsmen as victims of predatory women, and ignoring asymmetries of power between men and women, especially in homosocial environments (Toffoletti). For those in the sporting bubble (predominantly elite sportsmen and highly paid executives, also mostly men, with an array of service staff of both sexes moving in and out of it), life is reflected for those being protected via an array of screens (small screens in homes and indoor places of entertainment, and even smaller screens on theirs and others’ phones, as well as huge screens at sport events). These male sport stars are paid handsomely to use their skill and strength to perform for the sporting codes, their every facial expression and bodily action watched by the media and relayed to audiences. This is often a precarious existence, the usually brief career of an athlete worker being dependent on health, luck, age, successful competition with rivals, networks, and club and coach preferences. There is a large, aspirational reserve army of athletes vying to play at the elite level, despite risks of injury and invasive, life-changing medical interventions. Responsibility for avoiding performance and image enhancing drugs (PIEDs) also weighs heavily on their shoulders (Connor). Professional sportspeople, in their more reflective moments, know that their time in the limelight will soon be up, meaning that getting a ticket to the sporting bubble, even for a short time, can make all the difference to their post-sport lives and those of their families. The most vulnerable of the small minority of participants in sport who make a good, short-term living from it are those for whom, in the absence of quality education and prior social status, it is their sole likely means of upward social mobility (Spaaij). Elite sport performers are surrounded by minders, doctors, fitness instructors, therapists, coaches, advisors and other service personnel, all supporting athletes to stay focussed on and maximise performance quality to satisfy co-present crowds, broadcasters, sponsors, sports bodies and mass media audiences. The shield offered by the sporting bubble supports the teleological win-at-all-costs mentality of professional sport. The stakes are high, with athlete and executive salaries, sponsorships and broadcasting deals entangled in a complex web of investments in keeping the “talent” pivotal to the “attention economy” (Davenport and Beck)—the players that provide the content for sale—in top form. Yet, the bubble cannot be entirely secured and poor behaviour or performance can have devastating effects, including permanent injury or disability, mental illness and loss of reputation (Rowe, “Scandals and Sport”). Given this fragile materiality of the sporting bubble, it is striking that, in response to the sudden shutdown following the economic and health crisis caused by the 2020 global pandemic, the leaders of professional sport decided to create more of them and seek to seal the metaphorical and material space with unprecedented efficiency. The outcome was a multi-sided tale of mobility, confinement, capital, labour, and the gendering of sport and society. The Covid-19 Gilded Cage Sociologists such as Zygmunt Bauman and John Urry have analysed the socio-politics of mobilities, whereby some people in the world, such as tourists, can traverse the globe at their leisure, while others remain fixed in geographical space because they lack the means to be mobile or, in contrast, are involuntarily displaced by war, so-called “ethnic cleansing”, famine, poverty or environmental degradation. The Covid-19 global pandemic re-framed these matters of mobilities (Rowe, “Subjecting Pandemic Sport”), with conventional moving around—between houses, businesses, cities, regions and countries—suddenly subjected to the imperative to be static and, in perniciously unreflective technocratic discourse, “socially distanced” (when what was actually meant was to be “physically distanced”). The late-twentieth century analysis of the “risk society” by Ulrich Beck, in which the mysterious consequences of humans’ predation on their environment are visited upon them with terrifying force, was dramatically realised with the coming of Covid-19. In another iteration of the metaphor, it burst the bubble of twenty-first century global sport. What we today call sport was formed through the process of sportisation (Maguire), whereby hyper-local, folk physical play was reconfigured as multi-spatial industrialised sport in modernity, becoming increasingly reliant on individual athletes and teams travelling across the landscape and well over the horizon. Co-present crowds were, in turn, overshadowed in the sport economy when sport events were taken to much larger, dispersed audiences via the media, especially in broadcast mode (Nicholson, Kerr, and Sherwood). This lucrative mediation of professional sport, though, came with an unforgiving obligation to generate an uninterrupted supply of spectacular live sport content. The pandemic closed down most sports events and those that did take place lacked the crucial participation of the co-present crowd to provide the requisite event atmosphere demanded by those viewers accustomed to a sense of occasion. Instead, they received a strange spectacle of sport performers operating in empty “cathedrals”, often with a “faked” crowd presence. The mediated sport spectacle under the pandemic involved cardboard cut-out and sex doll spectators, Zoom images of fans on large screens, and sampled sounds of the crowd recycled from sport video games. Confected co-presence produced simulacra of the “real” as Baudrillardian visions came to life. The sporting bubble had become even more remote. For elite sportspeople routinely isolated from the “common people”, the live sport encounter offered some sensory experience of the social – the sounds, sights and even smells of the crowd. Now the sporting bubble closed in on an already insulated and insular existence. It exposed the irony of the bubble as a sign of both privileged mobility and incarcerated athlete work, both refuge and prison. Its logic of contagion also turned a structure intended to protect those inside from those outside into, as already observed, a mechanism to manage the threat of insiders to outsiders. In Australia, as in many other countries, the populace was enjoined by governments and health authorities to help prevent the spread of Covid-19 through isolation and immobility. There were various exceptions, principally those classified as essential workers, a heterogeneous cohort ranging from supermarket shelf stackers to pharmacists. People in the cultural, leisure and sports industries, including musicians, actors, and athletes, were not counted among this crucial labour force. Indeed, the performing arts (including dance, theatre and music) were put on ice with quite devastating effects on the livelihoods and wellbeing of those involved. So, with all major sports shut down (the exception being horse racing, which received the benefit both of government subsidies and expanding online gambling revenue), sport organisations began to represent themselves as essential services that could help sustain collective mental and even spiritual wellbeing. This case was made most aggressively by Australian Rugby League Commission Chairman, Peter V’landys, in contending that “an Australia without rugby league is not Australia”. In similar vein, prominent sport and media figure Phil Gould insisted, when describing rugby league fans in Western Sydney’s Penrith, “they’re lost, because the football’s not on … . It holds their families together. People don’t understand that … . Their life begins in the second week of March, and it ends in October”. Despite misgivings about public safety and equality before the pandemic regime, sporting bubbles were allowed to form, re-form and circulate. The indefinite shutdown of the National Rugby League (NRL) on 23 March 2020 was followed after negotiation between multiple entities by its reopening on 28 May 2020. The competition included a team from another nation-state (the Warriors from Aotearoa/New Zealand) in creating an international sporting bubble on the Central Coast of New South Wales, separating them from their families and friends across the Tasman Sea. Appeals to the mental health of fans and the importance of the NRL to myths of “Australianness” notwithstanding, the league had not prudently maintained a financial reserve and so could not afford to shut down for long. Significant gambling revenue for leagues like the NRL and Australian Football League (AFL) also influenced the push to return to sport business as usual. Sport contests were needed in order to exploit the gambling opportunities – especially online and mobile – stimulated by home “confinement”. During the coronavirus lockdowns, Australians’ weekly spending on gambling went up by 142 per cent, and the NRL earned significantly more than usual from gambling revenue—potentially $10 million above forecasts for 2020. Despite the clear financial imperative at play, including heavy reliance on gambling, sporting bubble-making involved special licence. The state of Queensland, which had pursued a hard-line approach by closing its borders for most of those wishing to cross them for biographical landmark events like family funerals and even for medical treatment in border communities, became “the nation's sporting hub”. Queensland became the home of most teams of the men’s AFL (notably the women’s AFLW season having been cancelled) following a large Covid-19 second wave in Melbourne. The women’s National Netball League was based exclusively in Queensland. This state, which for the first time hosted the AFL Grand Final, deployed sport as a tool in both national sports tourism marketing and internal pre-election politics, sponsoring a documentary, The Sporting Bubble 2020, via its Tourism and Events arm. While Queensland became the larger bubble incorporating many other sporting bubbles, both the AFL and the NRL had versions of the “fly in, fly out” labour rhythms conventionally associated with the mining industry in remote and regional areas. In this instance, though, the bubble experience did not involve long stays in miners’ camps or even the one-night hotel stopovers familiar to the popular music and sport industries. Here, the bubble moved, usually by plane, to fulfil the requirements of a live sport “gig”, whereupon it was immediately returned to its more solid bubble hub or to domestic self-isolation. In the space created between disciplined expectation and deplored non-compliance, the sporting bubble inevitably became the scrutinised object and subject of scandal. Sporting Bubble Scandals While people with a very low risk of spreading Covid-19 (coming from areas with no active cases) were denied entry to Queensland for even the most serious of reasons (for example, the death of a child), images of AFL players and their families socialising and enjoying swimming at the Royal Pines Resort sporting bubble crossed our screens. Yet, despite their (players’, officials’ and families’) relative privilege and freedom of movement under the AFL Covid-Safe Plan, some players and others inside the bubble were involved in “scandals”. Most notable was the case of a drunken brawl outside a Gold Coast strip club which led to two Richmond players being “banished”, suspended for 10 matches, and the club fined $100,000. But it was not only players who breached Covid-19 bubble protocols: Collingwood coaches Nathan Buckley and Brenton Sanderson paid the $50,000 fine imposed on the club for playing tennis in Perth outside their bubble, while Richmond was fined $45,000 after Brooke Cotchin, wife of team captain Trent, posted an image to Instagram of a Gold Coast day spa that she had visited outside the “hub” (the institutionally preferred term for bubble). She was subsequently distressed after being trolled. Also of concern was the lack of physical distancing, and the range of people allowed into the sporting bubble, including babysitters, grandparents, and swimming coaches (for children). There were other cases of players being caught leaving the bubble to attend parties and sharing videos of their “antics” on social media. Biosecurity breaches of bubbles by players occurred relatively frequently, with stern words from both the AFL and NRL leaders (and their clubs) and fines accumulating in the thousands of dollars. Some people were also caught sneaking into bubbles, with Lekahni Pearce, the girlfriend of Swans player Elijah Taylor, stating that it was easy in Perth, “no security, I didn’t see a security guard” (in Barron, Stevens, and Zaczek) (a month later, outside the bubble, they had broken up and he pled guilty to unlawfully assaulting her; Ramsey). Flouting the rules, despite stern threats from government, did not lead to any bubble being popped. The sport-media machine powering sporting bubbles continued to run, the attendant emotional or health risks accepted in the name of national cultural therapy, while sponsorship, advertising and gambling revenue continued to accumulate mostly for the benefit of men. Gendering Sporting Bubbles Designed as biosecurity structures to maintain the supply of media-sport content, keep players and other vital cogs of the machine running smoothly, and to exclude Covid-19, sporting bubbles were, in their most advanced form, exclusive luxury camps that illuminated the elevated socio-cultural status of sportsmen. The ongoing inequalities between men’s and women’s sport in Australia and around the world were clearly in evidence, as well as the politics of gender whereby women are obliged to “care” and men are enabled to be “careless” – or at least to manage carefully their “duty of care”. In Australia, the only sport for women that continued during the height of the Covid-19 lockdown was netball, which operated in a bubble that was one of sacrifice rather than privilege. With minimum salaries of only $30,000 – significantly less than the lowest-paid “rookies” in the AFL – and some being mothers of small children and/or with professional jobs juggled alongside their netball careers, these elite sportswomen wanted to continue to play despite the personal inconvenience or cost (Pavlidis). Not one breach of the netballers out of the bubble was reported, indicating that they took their responsibilities with appropriate seriousness and, perhaps, were subjected to less scrutiny than the sportsmen accustomed to attracting front-page headlines. National Netball League (also known after its Queensland-based naming rights sponsor as Suncorp Super Netball) players could be regarded as fortunate to have the opportunity to be in a bubble and to participate in their competition. The NRL Women’s (NRLW) Premiership season was also completed, but only involved four teams subject to fly in, fly out and bubble arrangements, and being played in so-called curtain-raiser games for the NRL. As noted earlier, the AFLW season was truncated, despite all the prior training and sacrifice required of its players. Similarly, because of their resource advantages, the UK men’s and boy’s top six tiers of association football were allowed to continue during lockdown, compared to only two for women and girls. In the United States, inequalities between men’s and women’s sports were clearly demonstrated by the conditions afforded to those elite sportswomen inside the Women’s National Basketball Association (WNBA) sport bubble in the IMG Academy in Florida. Players shared photos of rodent traps in their rooms, insect traps under their mattresses, inedible food and blocked plumbing in their bubble accommodation. These conditions were a far cry from the luxury usually afforded elite sportsmen, including in Florida’s Walt Disney World for the men’s NBA, and is just one of the many instances of how gendered inequality was both reproduced and exacerbated by Covid-19. Bursting the Bubble As we have seen, governments and corporate leaders in sport were able to create material and metaphorical bubbles during the Covid-19 lockdown in order to transmit stadium sport contests into home spaces. The rationale was the importance of sport to national identity, belonging and the routines and rhythms of life. But for whom? Many women, who still carry the major responsibilities of “care”, found that Covid-19 intensified the affective relations and gendered inequities of “home” as a leisure site (Fullagar and Pavlidis). Rates of domestic violence surged, and many women experienced significant anxiety and depression related to the stress of home confinement and home schooling. During the pandemic, women were also more likely to experience the stress and trauma of being first responders, witnessing virus-related sickness and death as the majority of nurses and care workers. They also bore the brunt of much of the economic and employment loss during this time. Also, as noted above, livelihoods in the arts and cultural sector did not receive the benefits of the “bubble”, despite having a comparable claim to sport in contributing significantly to societal wellbeing. This sector’s workforce is substantially female, although men dominate its senior roles. Despite these inequalities, after the late March to May hiatus, many elite male sportsmen – and some sportswomen - operated in a bubble. Moving in and out of them was not easy. Life inside could be mentally stressful (especially in long stays of up to 150 days in sports like cricket), and tabloid and social media troll punishment awaited those who were caught going “over the fence”. But, life in the sporting bubble was generally preferable to the daily realities of those afflicted by the trauma arising from forced home confinement, and for whom watching moving sports images was scant compensation for compulsory immobility. The ethical foundation of the sparkly, ephemeral fantasy of the sporting bubble is questionable when it is placed in the service of a voracious “media sports cultural complex” (Rowe, Global Media Sport) that consumes sport labour power and rolls back progress in gender relations as a default response to a global pandemic. Covid-19 dramatically highlighted social inequalities in many areas of life, including medical care, work, and sport. For the small minority of people involved in sport who are elite professionals, the only thing worse than being in a sporting bubble during the pandemic was not being in one, as being outside precluded their participation. Being inside the bubble was a privilege, albeit a dubious one. But, as in wider society, not all sporting bubbles are created equal. Some are more opulent than others, and the experiences of the supporting and the supported can be very different. The surface of the sporting bubble may be impermanent, but when its interior is opened up to scrutiny, it reveals some very durable structures of inequality. Bubbles are made to burst. They are, by nature, temporary, translucent structures created as spectacles. As a form of luminosity, bubbles “allow a thing or object to exist only as a flash, sparkle or shimmer” (Deleuze, 52). In echoing Deleuze, Angela McRobbie (54) argues that luminosity “softens and disguises the regulative dynamics of neoliberal society”. The sporting bubble was designed to discharge that function for those millions rendered immobile by home confinement legislation in Australia and around the world, who were having to deal with the associated trauma, risk and disadvantage. 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Photo by 187929822 © Victor Moussa | Dreamstime.com INTRODUCTION The nonconsensual taking of a human organ to use in transplantation medicine violates ethical principles, including autonomy, informed consent, and human rights, as well as criminal laws. When such an organ harvesting is not just nonconsensual, but performed in a way that causes a death or uses the pretense of brain death without meeting the criteria, it also violates the dead donor[1] rule.[2] The dead donor rule is both ethical and legal. It prevents organ retrieval that would predictably cause the death of the organ donor.[3] Retrieval of a vital organ is permissible only after a declaration of death.[4] Forced organ harvesting may breach the dead donor rule as it stands. A reimagined, broader dead donor rule could consider a larger timeframe in the forced organ harvesting context. In doing so, the broad dead donor rule could cover intent, premeditation, aiding and abetting, and due diligence failures. A broad definition of forced organ harvesting is ‘‘the removal of one or more organs from a person by means of coercion, abduction, deception, fraud, or abuse of power. . .’’[5] A more targeted definition is “[t]he killing of a person so that their organs may be removed without their free, voluntary and informed consent and transplanted into another person.”[6] In the global organ harvesting context, forced organ harvesting violates the World Health Organization (WHO) Guiding Principle 3, which says “live organ donors should be acting willingly, free of any undue influence or coercion.”[7] Furthermore, WHO states live donors should be “genetically, legally, or emotionally” attached to the recipient. Guiding Principle 1 applies to deceased donors, covers consent, and permits donation absent any known objections by the deceased.[8] Principle 7 says, “Physicians and other health professionals should not engage in transplantation procedures, and health insurers and other payers should not cover such procedures if the cells, tissues or organs concerned have been obtained through exploitation or coercion of, or payment to, the donor or the next of kin of a deceased donor.”[9] There are underground markets in which organ hunters prey on the local poor in countries with low wages and widespread poverty[10] and human trafficking that targets migrants for the purpose of organ harvesting.[11] This paper explores forced harvesting under the backdrop of the dead donor rule, arguing that a human rights violation so egregious requires holding even distant participants in the chain of events accountable. By interfering with resources necessary to carry out bad acts, legislation and corporate and institutional policies can act as powerful deterrents. A broader dead donor rule would highlight the premeditation and intent evidenced well before the act of organ retrieval. I. Background and Evidence In China, there is evidence that people incarcerated for religious beliefs and practices (Falun Gong) and ethnic minorities (Uyghurs) have been subjects of forced organ harvesting. A tribunal (the China Tribunal) found beyond a reasonable doubt that China engaged in forced organ harvesting.[12] Additionally, eight UN Special Rapporteurs found a system of subjecting political prisoners and prisoners of conscience to blood tests and radiological examinations to determine the fitness of their organs.[13] As early as 2006, investigators found evidence of forced organ harvesting from Falun Gong practitioners. [14] Over a million Uyghurs are in custody there, and there is ample evidence of biometric data collection.[15] An Uyghur tribunal found evidence of genocide.[16] “China is the only country in the world to have an industrial-scale organ trafficking practice that harvests organs from executed prisoners of conscience.”[17] Witnesses testified to the removal of organs from live people without ample anesthesia,[18] summonses to the execution grounds for organ removal,[19] methods of causing death for the purpose of organ procurement,[20] removing eyes from prisoners who were alive,[21] and forcing live prisoners into operating rooms.[22] The current extent of executions to harvest organs from prisoners of conscience in China is unknown. The Chinese press has suggested surgeons in China will perform 50,000 organ transplants this year.[23] Doctors Against Forced Organ Harvesting (DAFOR) concluded, “[f]orced organ harvesting from living people has occurred and continues to occur unabated in China.”[24] China continues to advertise in multiple languages to attract transplant tourists.[25] Wait times for organs seem to remain in the weeks.[26] In the United States, it is common to wait three to five years.[27] II. The Nascent System of Voluntary Organ Donation in China In China, throughout the 1990s and early 2000s, the supply of organs for transplant was low, and there was not a national system to register as a donor. A 1984 act permitted death row prisoners to donate organs.[28] In 2005, a Vice Minister acknowledged that 95 percent of all organ transplants used organs from death row prisoners.[29] In 2007 the planning of a voluntary system to harvest organs after cardiac death emerged. According to a Chinese publication, China adopted brain death criteria in 2013.[30] There had been public opposition due partly to cultural unfamiliarity with it.[31] Cultural values about death made it more difficult to adopt a universal brain death definition. Both Buddhist and Confucian beliefs contradicted brain death.[32] Circulatory death was traditionally culturally accepted.[33] The Ministry of Health announced that by 2015 organ harvesting would be purely voluntary and that prisoners would not be the source of organs.[34] There are cultural barriers to voluntary donation partly due to a Confucian belief that bodies return to ancestors intact and other cultural and religious beliefs about respect for the dead.[35] An emphasis on family and community over the individual posed another barrier to the Western approach to organ donation. Public awareness and insufficient healthcare professional knowledge about the process of organ donation are also barriers to voluntary donation.[36] Although the Chinese government claims its current system is voluntary and no longer exploits prisoners,[37] vast evidence contradicts the credibility of the voluntary transplant program in China.[38] III. Dead Donor Rule: A Source of Bioethical Debate It seems tedious to apply this ethical foundation to something as glaring as forced organ harvesting. But the dead donor rule is a widely held recognition that it is not right to kill one person to save another.[39] It acts as a prohibition on killing for the sake of organ retrieval and imposes a technical requirement which influences laws on how death is declared. The dead donor rule prevents organ harvesting that causes death by prohibiting harvesting any organ which the donor agreed to donate only after death prior to an official declaration of death. There is an ongoing ethical debate about the dead donor rule. Many in bioethics and transplant medicine would justify removing organs in specific situations prior to a declaration of death, abandoning the rule.[40] Some use utilitarian arguments to justify causing the death of someone who is unconscious and on life support irreversibly. Journal articles suggest that the discussion has moved to one of timing and organ retrieval.[41] Robert Truog and Franklin Miller are critics of the dead donor rule, arguing that, in practice, it is not strictly obeyed: removing organs while a brain-dead donor is still on mechanical ventilation and has a beating heart and removing organs right after life support is removed and cardio-pulmonary death is declared both might not truly meet the requirement of the dead donor rule, making following the rule “a dubious norm.”[42] Miller and Truog question the concept of brain death, citing evidence of whole body integrated functions that continue indefinitely. They challenge cardio-pulmonary death, asserting that the definition includes as dead, those who could be resuscitated. Their hearts could resume beating with medical intervention. Stopping life support causes death only in those whose lives are sustained by it. Some stipulate that the organ retrieval must not itself cause the death. Some would rejigger the cause of death: Daniel Callahan suggests that the underlying condition causes the death despite removal of life support.[43] But logically, a person could continue life support and be alive, so clearly, removing life support does cause death. Something else would have caused brain death or the circumstance that landed the person on mechanical ventilation. To be more accurate, one could say X caused the irreversible coma and removing life support caused the death itself. Miller and Truog take the position that because withdrawal of life support does cause death, the dead donor rule should be defunct as insincere. To them, retrieving vital organs from a technically alive donor should be permissible under limited conditions. They look to the autonomous choices of the donor or the surrogate (an autonomy-based argument). They appreciate the demand for organs and the ability to save lives, drawing attention to those in need of organs. Live donor organ retrieval arguably presents a slippery slope, especially if a potential donor is close to death, but not so close to label it imminent. They say physicians would not be obligated to follow the orders of a healthy person wishing to have vital organs removed, perhaps to save a close friend or relative. Similarly, Radcliffe-Richards, et al. argue that there is no reason to worry about the slippery slope of people choosing death so they can sell their vital organs, whether for money for their decedents or their creditors.[44] The movement toward permissibility and increased acceptance of medical aid in dying also influence the organ donation arena. The slippery slope toward the end of life has potential to become a realistic concern. Older adults or other people close to death may want to donate a vital organ, like their heart, to a young relative in need. That could greatly influence the timing of a decision to end one’s life. IV. Relating the Dead Donor Rule to Forced Organ Harvesting There is well documented evidence that in China organs have been removed before a declaration of death.[45] But one thing the dead donor rule does not explicitly cover is intent and the period prior to the events leading to death. It tends to apply to a near-death situation and is primarily studied in its relationship to organ donation. It is about death more than it is about life. Robertson and Lavee investigated data on transplantation of vital organs in China and they document cases where the declaration of death was a pretense, insincere, and incorrect. Their aim was to investigate whether the prisoners were in fact dead prior to organ harvesting.[46] (The China Tribunal found that organs have been removed from live prisoners and that organ harvesting has been the cause of death.) They are further concerned with the possible role of doctors as executioners, or at least as complicit in the execution as the organ harvesting so closely follows it. V. A Broader Dead Donor Rule A presumed ethical precursor to the dead donor rule may also be an important ethical extension of the rule: the dead donor rule must also prohibit killing a person who is not otherwise near death for the purpose of post-death organ harvesting. In China, extra-judicial killings of prisoners of conscience are premeditated ― there is ample evidence of blood tests and radiology to ensure organ compatibility and health.[47] To have effective ethical force, the dead donor rule should have an obvious application in preventing intentional killing for an organ retrieval, not just killing by way of organ retrieval. When we picture the dead donor rule, bioethicists tend to envision a person on life support who will either be taken off it and stop breathing or who will be declared brain dead. But the dead donor rule should apply to healthy people subject to persecution at the point when the perpetrator lays the ground for the later killing. At that point, many organizations and people may be complicit or unknowingly contributing to forced organ harvesting. In this iteration of the dead donor rule, complicity in its violations would be widespread. The dead donor rule could address the initial action of ordering a blood or radiology test or collecting any biometric data. Trained physicians and healthcare technicians perform such tests. Under my proposed stretch of the dead donor rule, they too would be complicit in the very early steps that eventually lead to killing a person for their organs. I argue these steps are part of forced organ harvesting and violate the dead donor rule. The donor is very much alive in the months and years preceding the killing. A conspiracy of indifference toward life, religious persecution, ethnic discrimination, a desire to expand organ transplant tourism, and intent to kill can violate this broader dead donor rule. The dead donor rule does not usually apply to the timing of the thought of organ removal, nor the beginning of the chain of events that leads to it. It is usually saved for the very detailed determination of what may count as death so that physicians may remove vital and other organs, with the consent of the donor.[48] But I argue that declaring death at the time of retrieval may not be enough. Contributing to the death, even by actions months or years in advance, matter too. Perhaps being on the deathbed awaiting a certain death must be distinguished from going about one’s business only to wind up a victim of forced organ harvesting. Both may well be declared dead before organ retrieval, but the likeness stops there. The person targeted for future organ retrieval to satisfy a growing transplant tourism business or local demand is unlike the altruistic person on his deathbed. While it may seem like the dead donor rule is merely a bioethics rule, it does inform the law. And it has ethical heft. It may be worth expanding it to the arena of human trafficking for the sake of organ removal and forced organ harvesting.[49] The dead donor rule is really meant to ensure that death was properly declared to protect life, something that must be protected from an earlier point. VI. Complicity: Meaning and Application Human rights due diligence refers to actions that people or institutions must take to ensure they are not contributing to a human rights violation. To advise on how to mitigate risk of involvement or contribution to human rights violations, Global Rights Compliance published an advisory that describes human rights due diligence as “[t]he proactive conduct of a medical institution and transplant-associated entity to identify and manage human rights risks and adverse human rights impacts along their entire value and supply chain.”[50] Many people and organizations enable forced organ harvesting. They may be unwittingly complicit or knowingly aiding and abetting criminal activity. For example, some suppliers of medical equipment and immunosuppressants may inadvertently contribute to human rights abuses in transplantation in China, or in other countries where organs were harvested without consent, under duress, or during human trafficking. According to Global Rights Compliance, “China in the first half of 2021 alone imported ‘a total value of about 24 billion U.S. dollars’ worth of medical technology equipment’, with the United States and Germany among the top import sources.”[51] The companies supplying the equipment may be able to slow or stop the harm by failing to supply necessary equipment and drugs. Internal due diligence policies would help companies analyze their suppliers and purchasers. Corporations, educational institutions, and other entities in the transplantation supply chain, medical education, insurance, or publishing must engage in human rights due diligence. The Global Rights Compliance advisory suggests that journals should not include any ill-gotten research. Laws should regulate corporations and target the supply chain also. All actors in the chain of supply, etc. are leading to the death of the nonconsenting victim. They are doing so while the victim is alive. The Stop Forced Organ Harvesting Act of 2023, pending in the United States, would hold any person or entity that “funds, sponsors, or otherwise facilitates forced organ harvesting or trafficking in persons for purposes of the removal of organs” responsible. The pending legislation states that: It shall be the policy of the United States—(1) to combat international trafficking in persons for purposes of the removal of organs;(2) to promote the establishment of voluntary organ donation systems with effective enforcement mechanisms in bilateral diplomatic meetings and in international health forums;(3) to promote the dignity and security of human life in accordance with the Universal Declaration of Human Rights, adopted on December 10, 1948; and(4) to hold accountable persons implicated, including members of the Chinese Communist Party, in forced organ harvesting and trafficking in persons for purposes of the removal of organs.[52] The Act calls on the President to provide Congress a list of such people or entities and to sanction them by property blocking, and, in the case of non-US citizens, passport and visa denial or revocation. The Act includes a reporting requirement under the Foreign Assistance Act of 1961 that includes an assessment of entities engaged in or supporting forced organ harvesting.[53] The law may have a meaningful impact on forced organ harvesting. Other countries have taken or are in the process of legal approaches as well.[54] Countries should consider legislation to prevent transplant tourism, criminalize complicity, and require human rights due diligence. An expanded dead donor rule supports legal and policy remedies to prevent enabling people to carry out forced organ harvesting. VII. Do Bioethicists Mention Human Rights Abuses and Forced Organ Harvesting Enough? As a field, bioethics literature often focuses on the need for more organs, the pain and suffering of those on organ transplant waitlists, and fairness in allocating organs or deciding who belongs on which waitlist and why. However, some bioethicists have drawn attention to forced organ harvesting in China. Notably, several articles noted the ethical breaches and called on academic journals to turn away articles on transplantation from China as they are based on the unethical practice of executing prisoners of conscience for their organs.[55] The call for such a boycott was originally published in a Lancet article in 2011.[56] There is some acknowledgement that China cares about how other countries perceive it,[57] which could lead to either improvements in human rights or cover-ups of violations. Ill-gotten research has long been in the bioethics purview with significant commentary on abuses in Tuskegee and the Holocaust.[58] Human research subjects are protected by the Declaration of Helsinki, which requires acting in the best interests of research subjects and informed consent among other protections.[59] The Declaration of Helsinki is directed at physicians and requires subjects enroll in medical research voluntarily. The Declaration does not explicitly cover other healthcare professionals, but its requirements are well accepted broadly in health care. CONCLUSION The dead donor rule in its current form really does not cover the life of a non-injured healthy person at an earlier point. If it could be reimagined, we could highlight the link between persecution for being a member of a group like Falun Gong practitioners or Uyghurs as the start of the process that leads to a nonconsensual organ retrieval whether after a proper declaration of death or not. It is obviously not ethically enough to ensure an execution is complete before the organs are harvested. It is abuse of the dead donor rule to have such a circumstance meet its ethical requirement. And obviously killing people for their beliefs or ethnicity (and extra-judicial killings generally) is not an ethically acceptable action for many reasons. The deaths are intentionally orchestrated, but people and companies who may have no knowledge of their role or the role of physicians they train or equipment they sell are enablers. An expanded dead donor rule helps highlight a longer timeframe and expanded scope of complicity. The organ perfusion equipment or pharmaceuticals manufactured in the United States today must not end up enabling forced organ harvesting. With an expanded ethical rule, the “donor is not dead” may become “the donor would not be dead if not for. . .” the host of illegal acts, arrests without cause, forced detention in labor camps, extra-judicial killings, lacking human rights due diligence, and inattention to this important topic. The expanded dead donor rule may also appeal to the bioethics community and justify more attention to laws and policies like the Stop Forced Organ Harvesting Act of 2023. - [1] The word “donor” in this paper describes any person from whom organs are retrieved regardless of compensation, force, or exploitation in keeping with the bioethics literature and the phrase “dead donor rule.” [2] Robertson, M.P., Lavee J. (2022). Execution by organ procurement: Breaching the dead donor rule in China. Am J Transplant, Vol.22,1804– 1812. doi:10.1111/ajt.16969. [3] Robertson, J. A. (1999). Delimiting the donor: the dead donor rule. Hastings Center Report, 29(6), 6-14. [4] Retrieval of non-vital organs which the donor consents to donate post-death (whether opt-in, opt-out, presumed, or explicit according to local law) also trigger the dead donor rule. [5] The Stop Forced Organ Harvesting Act of 2023, H.R. 1154, 118th Congress (2023), https://www.congress.gov/bill/118th-congress/house-bill/1154. [6] Do No Harm: Mitigating Human Rights Risks when Interacting with International Medical Institutions & Professionals in Transplantation Medicine, Global Rights Compliance, Legal Advisory Report, April 2022, https://globalrightscompliance.com/project/do-no-harm-policy-guidance-and-legal-advisory-report/. [7] WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation, as endorsed by the sixty-third World Health Assembly in May 2010, in Resolution WHA63.22 https://apps.who.int/iris/bitstream/handle/10665/341814/WHO-HTP-EHT-CPR-2010.01-eng.pdf?sequence=1. [8] WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation (2010). [9] WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation (2010). [10] Promchertchoo, Pichayada (Oct. 19, 2019). Kidney for sale: Inside Philippines’ illegal organ trade. https://www.channelnewsasia.com/asia/kidney-for-sale-philippines-illegal-organ-trade-857551; Widodo, W. and Wiwik Utami (2021), The Causes of Indonesian People Selling Covered Kidneys from a Criminology and Economic Perspective: Analysis Based on Rational Choice Theory. European Journal of Political Science Studies, Vol 5, Issue 1. [11] Van Reisen, M., & Mawere, M. (Eds.). (2017). Human trafficking and trauma in the digital era: The ongoing tragedy of the trade in refugees from Eritrea. African Books Collective. [12] The Independent Tribunal into Forced Organ Harvesting from Prisoners of Conscience in China (China Tribunal) (2020). https://chinatribunal.com/wp-content/uploads/2020/03/ChinaTribunal_JUDGMENT_1stMarch_2020.pdf [13] UN Office of the High Commissioner, Press Release, China: UN human Rights experts alarmed by ‘organ harvesting’ allegations (UN OTHCHR, 14 June 2021), https://www.ohchr.org/en/press-releases/2021/06/china-un-human-rights-experts-alarmed-organ-harvesting-allegations. [14] David Matas and David Kilgour, Bloody Harvest. The killing of Falun Gong for their organs (Seraphim Editions 2009). [15] How China is crushing the Uyghurs, The Economist, video documentary, July 9, 2019, https://youtu.be/GRBcP5BrffI. [16] Uyghur Tribunal, Judgment (9 December 2021) (Uyghur Tribunal Judgment) para 1, https://uyghurtribunal.com/wp-content/uploads/2022/01/Uyghur-Tribunal-Judgment-9th-Dec-21.pdf. [17] Ali Iqbal and Aliya Khan, Killing prisoners for transplants: Forced organ harvesting in China, The Conversation Published: July 28, 2022. https://theconversation.com/killing-prisoners-for-transplants-forced-organ-harvesting-in-china-161999 [18] Testimony demonstrated surgeries to remove vital organs from live people, killing them, sometimes without ample anesthesia to prevent wakefulness and pain. China Tribunal (2020), p. 416-417. https://chinatribunal.com/wp-content/uploads/2020/03/ChinaTribunal_JUDGMENT_1stMarch_2020.pdf; Robertson MP, Lavee J. (2022), Execution by organ procurement: Breaching the dead donor rule in China. Am J Transplant, Vol.22,1804– 1812. doi:10.1111/ajt.16969. [19] Doctors reported being summoned to execution grounds and told to harvest organs amid uncertainty that the prisoner was in fact dead. China Tribunal (2020), p. 52-53. [20]In testimony to the China Tribunal, Dr. Huige Li noted four methods of organ harvesting from live prisoners: incomplete execution by shooting, after lethal injection prior to death, execution by removal of the heart, and after a determination of brain death prior to an intubation (pretense of brain death). China Tribunal (2020), pp. 54-55. https://chinatribunal.com/wp-content/uploads/2020/03/ChinaTribunal_JUDGMENT_1stMarch_2020.pdf [21] A former military medical student described removing organs from a live prisoner in the late 1990s. He further described his inability to remove the eyes of a live man and his witnessing another doctor forcefully remove the man’s eyes. China Tribunal (2020), p. 330. [22] In 2006, a nurse testified that her ex-husband, a surgeon, removed the eyes of 2,000 Falun Gong practitioners in one hospital between 2001 and 2003. She described the Falun Gong labor-camp prisoners as being forced into operating rooms where they were given a shot to stop their hearts. Other doctors removed other organs. DAFOH Special Report, 2022. https://epochpage.com/wp-content/uploads/sites/3/2022/12/DAFOH-Special-Report-2022.pdf [23] Robertson MP, Lavee J. (2022), Execution by organ procurement: Breaching the dead donor rule in China. Am J Transplant, Vol.22,1804– 1812. doi:10.1111/ajt.16969. [24] DAFOH Special Report, 2022. https://epochpage.com/wp-content/uploads/sites/3/2022/12/DAFOH-Special-Report-2022.pdf; DAFOH’s physicians were nominated for a Nobel Prize for their work to stop forced organ harvesting. Šućur, A., & Gajović, S. (2016). Nobel Peace Prize nomination for Doctors Against Forced Organ Harvesting (DAFOH) - a recognition of upholding ethical practices in medicine. Croatian medical journal, 57(3), 219–222. https://doi.org/10.3325/cmj.2016.57.219 [25] Robertson and Lavee (2022). [26] Stop Organ Harvesting in China, website (organization of the Falun Dafa). https://www.stoporganharvesting.org/short-waiting-times/ [27] National Kidney Foundation, The Kidney Transplant Waitlist – What You Need to Know, https://www.kidney.org/atoz/content/transplant-waitlist [28] Wu, Y., Elliott, R., Li, L., Yang, T., Bai, Y., & Ma, W. (2018). Cadaveric organ donation in China: a crossroads for ethics and sociocultural factors. Medicine, 97(10). [29] Wu, Elliott, et al., (2018). [30] Su, Y. Y., Chen, W. B., Liu, G., Fan, L. L., Zhang, Y., Ye, H., ... & Jiang, M. D. (2018). An investigation and suggestions for the improvement of brain death determination in China. Chinese Medical Journal, 131(24), 2910-2914. [31] Huang, J., Millis, J. M., Mao, Y., Millis, M. A., Sang, X., & Zhong, S. (2012). A pilot programme of organ donation after cardiac death in China. The Lancet, 379(9818), 862-865. [32] Yang, Q., & Miller, G. (2015). East–west differences in perception of brain death: Review of history, current understandings, and directions for future research. Journal of bioethical inquiry, 12, 211-225. [33] Huang, J., Millis, J. M., Mao, Y., Millis, M. A., Sang, X., & Zhong, S. (2015). Voluntary organ donation system adapted to Chinese cultural values and social reality. Liver Transplantation, 21(4), 419-422. [34] Huang, Millis, et al. (2015). [35] Wu, X., & Fang, Q. (2013). Financial compensation for deceased organ donation in China. Journal of Medical Ethics, 39(6), 378-379. [36] An, N., Shi, Y., Jiang, Y., & Zhao, L. (2016). Organ donation in China: the major progress and the continuing problem. Journal of biomedical research, 30(2), 81. [37] Shi, B. Y., Liu, Z. J., & Yu, T. (2020). Development of the organ donation and transplantation system in China. Chinese medical journal, 133(07), 760-765. [38] Robertson, M. P., Hinde, R. L., & Lavee, J. (2019). 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(Authored by members of the International Forum for Transplant Ethics.) [45] Robertson and Lavee, (2022). [46] Robertson and Lavee, (2022). [47] China Tribunal (2020). [48] Consent varies by local law and may be explicit or presumed and use an opt-in or opt-out system and may or may not require the signoff by a close family member. [49] Bain, Christina, Mari, Joseph. June 26, 2018, Organ Trafficking: The Unseen Form of Human Trafficking, ACAMS Today, https://www.acamstoday.org/organ-trafficking-the-unseen-form-of-human-trafficking/; Stammers, T. (2022), "2: Organ trafficking: a neglected aspect of modern slavery", Modern Slavery and Human Trafficking, Bristol, UK: Policy Press. https://bristoluniversitypressdigital.com/view/book/978144736. [50] Do No Harm: Mitigating Human Rights Risks when Interacting with International Medical Institutions & Professionals in Transplantation Medicine, Global Rights Compliance, Legal Advisory Report, April 2022, https://globalrightscompliance.com/project/do-no-harm-policy-guidance-and-legal-advisory-report/. [51] Global Rights Compliance, p. 22. [52] The Stop Forced Organ Harvesting Act of 2023, H.R. 1154, 118th Congress (2023). https://www.congress.gov/bill/118th-congress/house-bill/1154. [53] The Stop Forced Organ Harvesting Act of 2023, H.R. 1154, 118th Congress (2023), https://www.congress.gov/bill/118th-congress/house-bill/1154. [54] Global Rights Compliance notes that Belgium, France (passed law on human rights due diligence in the value supply chain), United Kingdom, United States, Canada, Australia, and New Zealand have legal approaches, resolutions, and pending laws. p. 45. [55] For example, Caplan, A.L. 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[59] World Medical Association Declaration of Helsinki: Ethical Principles for Medical Research Involving Human Subjects, adopted by the 18th WMA General Assembly, Helsinki, Finland, June 1964, and amended multiple times, most recently by the 64th WMA General Assembly, Fortaleza, Brazil, October 2013. https://www.wma.net/policies-post/wma-declaration-of-helsinki-ethical-principles-for-medical-research-involving-human-subjects/