In this dissertation I examine the reasons why the U.S. film industry lost the GATT-Uruguay Round negotiations on audiovisual services and intellectual property rights (IPRs) related to copyright. I revisit the political economy approach to communication and implement Mosco's (1996) suggestions on the approach's renewal. Mosco notes that political economists of communication thematically view the state as supporting transnational business (1996, p. 94). However, Jarvie's (1992) analysis of the relationship between the U.S. government and film industry between 1920 and 1950 suggests that this 'support' theme does not adequately capture the often antagonistic and unproductive relationship between the two parties. I extend Jarvie's (1992) work by developing themes from his scholarship and applying them to a case study on the Uruguay Round. I review the literature on the media-cultural imperialism thesis and focus on Herbert Schiller's (1969 [1992], 1976, 1989) scholarship. Schiller's thesis implies that outcomes in international relations are dictated by domestic determinants such as the influence of corporate lobbyists. However, I argue that the reasons why Hollywood lost lie not in domestic determinants alone, but in a broader perspective (derived from the discipline of international relations) that focuses on the interaction between domestic trade politics and international relations (Putnam, 1988 [1993]). Putnam characterises international negotiations as an interactive process involving the bargaining between negotiators and the separate discussions each delegation has with constituents in its domestic market on the ratification of the agreement. I assess themes from Jarvie's work and propositions from Schiller's thesis using Putnam's (1988 [1993]) two-level analysis and empirical evidence from primary documents and thirty-five interviews conducted over a three-year period (1994 to 1997) with U.S. and European negotiators and film executives. I argue that U.S. domestic trade politics hampered efforts by U.S. negotiators to reach a bilateral accord on audiovisual services and IPRs related to copyright because of linkages forged by EU Member States between progress in those talks and progress in talks on agriculture, maritime transport services, geographic indications related to wines and anti-dumping. A second obstacle to a bilateral accord was an influential hawkish minority of the Hollywood lobby, who set an aggressive agenda for U.S. negotiators and set off a chain reaction in the final moments of the Round that led to Hollywood's defeat. Finally, I present an alternative scenario to the argument (cf. Waregne, 1994; Dehousse and Havelange, 1994; Joachimowicz and Berenboom, 1994) that the French government dictated the outcome of the audiovisual services and IPRs negotiations. My scenario emphasises the preeminent status of the General Affairs Council, the role of EU Member States other than France, and Commission efforts to forge a bilateral deal. In the end, the hawks dictated the outcome of the audiovisual services talks, while a majority of EU Member States dictated the outcome of the talks on IPRs related to copyright.

Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.

Information and training to assist staff in preventing, managing and remediating challenging behaviours exhibited by individuals with intellectual disabilities is readily available. However, knowledge gained via training is not integrated easily or transposed into work settings. Instead, management of issues is often haphazard and based on what works for a specific situation at the given moment. Although an abundance of research has been conducted on knowledge uptake, direct support staff that are integral to effective service delivery have often been neglected. As well, consideration of whether staff find the evidence relevant and applicable within their work environment has not been measured. The PARiHS Framework, Mindlines and Social Exchange theories assisted in addressing the question: what are staff experiences of applying training information into residential services for individuals with intellectual disabilities who present with challenging behaviours? Qualitative cross-case study methodology was employed and focused on two community residences governed by an agency offering supports to adults with intellectual disabilities. Unit A findings highlighted five key themes that emphasized personal confidence, elements of communication, consistency in approach, connection with individuals, teams and leaders, as well as continuing education strengths and barriers. Within Unit B, five main themes that accentuated personal traits such as caring and nurturing, in addition to communication factors, changes and challenges within the work context, connection to others and perceptions of continuing education were established.

In May 1985 the Government removed the British Technology Group's (BTG) right of first refusal on intellectual property arising in the course of Research Council-funded projects UK universities were offered the opportunity to assume rights and responsibilities previously enjoyed by the BTG, provided their policies and procedures fulfilled certain conditions. In particular, the government wished universities to a) give the fullest opportunity and scope to researchers to assume responsibility for exploiting their research findings; b) encourage researchers to assume this responsibility; c) provide guidance and help for those academics who wished to assume this responsibility. The aims of this thesis were. i) to generate a body of data about the ways in which nine UK universities handled the exploitation of IP between 1970 and 1990; ii) to use this body of data to assess - in relation to those same universities - the extent to which current policy and practice vis-a-vis the exploitation of IP accommodate the government's wishes, as outlined in a letter from the Chairman of the SERC and a statement issued by the Secretary of State for Education, both dated 14 May, 1985, iii) to begin to develop theory in relation to the exploitation of IP in these nine universities. This thesis adopts a research design based exclusively on case studies. It adopts a grounded rather than a logico-deductive approach to data collection and theory development, initially, data collection was informed by an extensive literature review. Data were elicited in 1989/90, primarily through tape-recorded, face-to-face, structured interviews with policy-makers and policy-implementers in the nine universities, and with policy "users" (heads of department, deans, enterprising and entrepreneurial academics with IP to exploit) Data from histories, documents and records were also collected. The thesis analyses policy and practice and evaluates the nine universities' performance with regard to measures a) - c) above. Establishing widely differing performance, it explores the processes which led to this. Further, it explores the extent to which policy "users" were aware of their university's policy and practice in relation to the exploitation of intellectual property, and their views on it. The thesis concludes that universities which created structures and made appointments to manage the exploitation of IP with a view to its extrinsic value have a less considered approach than those which did so on grounds of its intrinsic value, they are also less likely to have accommodated the government's wishes. More broadly, it also concludes that the introduction of this mechanism to replace exploitation via the BTG is a classic example of the UK government transplanting policies and mechanisms from other countries with no prior attempt to identify the processes and contexts which contribute to their success or failure in their native country, and little or no prior attempt to get to grips with the implications of transplanting them into the UK. Further, it concludes that local conditions can - and do - impact (positively or negatively) on the operation of a transplanted mechanism such as this. Finally, it concludes that identifying and evaluating those local conditions is unlikely to be a straightforward task.

Corporations appear to be mesmerized by the revenue value of intellectual assets to the exclusion of other attributes thereof. Moreover, empirical evidence suggests that corporate lawyers share this perception, primarily conceptualizing of intellectual assets as a means of generating corporate wealth. This over-promotion of revenue value has wide ranging effects. Specifically, this example of willful blindness on the part of corporations and corporate lawyers is a potential stumbling block for the appropriate utilization of corporate intellectual assets as well as the development of intellectual property regimes and academic discourse. These negative effects stem directly from the misguided corporate perception of intellectual assets as primarily revenue value.

In recent years, practitioners and researchers alike have turned their attention to knowledge management (KM) in order to increase organisational performance (OP). As a result, many different approaches and strategies have been investigated and suggested for how knowledge should be managed to make organisations more effective and efficient. However, most research has been undertaken in the for-profit sector, with only a few studies focusing on the benefits nonprofit organisations might gain by managing knowledge. This study broadly investigates the impact of knowledge management on the organisational performance of nonprofit organisations. Organisational performance can be evaluated through either financial or non-financial measurements. In order to evaluate knowledge management and organisational performance, non-financial measurements are argued to be more suitable given that knowledge is an intangible asset which often cannot be expressed through financial indicators. Non-financial measurement concepts of performance such as the balanced scorecard or the concept of Intellectual Capital (IC) are well accepted and used within the for-profit and nonprofit sectors to evaluate organisational performance. This study utilised the concept of IC as the method to evaluate KM and OP in the context of nonprofit organisations due to the close link between KM and IC: Indeed, KM is concerned with managing the KM processes of creating, storing, sharing and applying knowledge and the organisational KM infrastructure such as organisational culture or organisational structure to support these processes. On the other hand, IC measures the knowledge stocks in different ontological levels: at the individual level (human capital), at the group level (relational capital) and at the organisational level (structural capital). In other words, IC measures the value of the knowledge which has been managed through KM. As KM encompasses the different KM processes and the KM infrastructure facilitating these processes, previous research has investigated the relationship between KM infrastructure and KM processes. Organisational culture, organisational structure and the level of IT support have been identified as the main factors of the KM infrastructure influencing the KM processes of creating, storing, sharing and applying knowledge. Other research has focused on the link between KM and OP or organisational effectiveness. Based on existing literature, a theoretical model was developed to enable the investigation of the relation between KM (encompassing KM infrastructure and KM processes) and IC. The model assumes an association between KM infrastructure and KM processes, as well as an association between KM processes and the various levels of IC (human capital, structural capital and relational capital). As a result, five research questions (RQ) with respect to the various factors of the KM infrastructure as well as with respect to the relationship between KM infrastructure and IC were raised and included into the research model: RQ 1 Do nonprofit organisations which have a Hierarchy culture have a stronger IT support than nonprofit organisations which have an Adhocracy culture? RQ 2 Do nonprofit organisations which have a centralised organisational structure have a stronger IT support than nonprofit organisations which have decentralised organisational structure? RQ 3 Do nonprofit organisations which have a stronger IT support have a higher value of Human Capital than nonprofit organisations which have a less strong IT support? RQ 4 Do nonprofit organisations which have a stronger IT support have a higher value of Structural Capital than nonprofit organisations which have a less strong IT support? RQ 5 Do nonprofit organisations which have a stronger IT support have a higher value of Relational Capital than nonprofit organisations which have a less strong IT support? In order to investigate the research questions, measurements for IC were developed which were linked to the main KM processes. The final KM/IC model contained four items for evaluating human capital, five items for evaluating structural capital and four items for evaluating relational capital. The research questions were investigated through empirical research using a case study approach with the focus on two nonprofit organisations providing trade promotions services through local offices worldwide. Data for the investigation of the assumptions were collected via qualitative as well as quantitative research methods. The qualitative study included interviews with representatives of the two participating organisations as well as in-depth document research. The purpose of the qualitative study was to investigate the factors of the KM infrastructure (organisational culture, organisational structure, IT support) of the organisations and how these factors were related to each other. On the other hand, the quantitative study was carried out through an online-survey amongst staff of the various local offices. The purpose of the quantitative study was to investigate which impact the level of IT support, as the main instrument of the KM infrastructure, had on IC. Overall several key themes were found as a result of the study: • Knowledge Management and Intellectual Capital were complementary with each other, which should be expressed through measurements of IC based on KM processes. • The various factors of the KM infrastructure (organisational culture, organisational structure and level of IT support) are interdependent. • IT was a primary instrument through which the different KM processes (creating, storing, sharing and applying knowledge) were performed. • A high level of IT support was evident when participants reported higher level of IC (human capital, structural capital and relational capital). The study supported previous research in the field of KM and replicated the findings from other case studies in this area. The study also contributed to theory by placing the KM research within the nonprofit context and analysing the linkage between KM and IC. From the managerial perspective, the findings gave clear indications that would allow interested parties, such as nonprofit managers or consultants to understand more about the implications of KM on OP and to use this knowledge for implementing efficient and effective KM strategies within their organisations.

The notion of choice is emerging as fundamental to new approaches to the provision of housing for people with intellectual disabilities. Choice is raised as a central theme in debates about state-funding distribution practices, allocation priorities, location, design and model of new housing developments and the overall aims of disability policy. For its advocates, this ‘choice agenda’ counters paternalistic traditions within the welfare state by offering individuals with disability more choice of where, how and with whom they live, respected as self-determining individuals in society. For its critics, the choice agenda is a neoliberal policy strategy to decrease government funding and responsibility for the provision of welfare services. In between, choice could be dismissed as empty rhetoric. My thesis examines these interpretations, aiming to offer a more coherent and critical understanding of choice as a basis for theory, policy and practice in housing for people with intellectual disabilities. / Three main themes are considered, giving rise to a more critical conceptualization of choice. First, debates about civil-rights and redistribution are revisited and considered as sources from which competing discourses of choice emerge. Second, the individuality implied by choice is considered in light of the ‘community-care’ ethos. Third, an institutional perspective is applied to examine the role of ‘choice’ as a logic of practice within state administration. I examine these themes with a case study - housing for people with intellectual disabilities in the State of Victoria. Interviews were conducted with over fifty people, both users and providers of services in various positions and locations. Analysis explores the implications of the choice agenda on practices and decisions concerning the location and design of new housing developments, and on allocation of placements. The choice agenda has affected these practices in a way that reshapes the geography of housing for people with intellectual disabilities in Victoria.

Thesis (Ph.D) -- Fletcher School of Law and Diplomacy, 1987. / Typescript. Vita. Bibliography: leaves 540-544. Access restricted to members of the Tufts University community. Also available via the World Wide Web;

Thesis (Ph. D.)--University of New South Wales, 2001. / Available via the Australian National University Library Electronic Pre and Post Print Repository. Title from title screen (viewed Mar. 28, 2003). Includes bibliographical references.

Thesis (LL. M.)--University of Toronto, 2005. / Includes bibliographical references.