About This Episode

In 2010, The American Bar Association named Janelle Orsi a Legal Rebel, for being an attorney who is remaking the legal profession through the power of innovation. We agree- Janelle is a rebel with a cause, transforming the way we think about leadership in this shifting economy. From participatory leadership to salary transparency, Janelle is leading by example to expand our definition of leadership. In this episode, Janelle shares examples of how her organization’s leadership practices create opportunities for every level of staff to be engaged in contributing to the organization.

About Janelle Orsi

Janelle Orsi is a lawyer, advocate, writer, and cartoonist focused on cooperatives, the sharing economy, land trusts, shared housing, local currencies, and rebuilding the commons. She is Co-Founder and Executive Director of the Sustainable Economies Law Center (SELC), which facilitates the growth of more sustainable and localized economies through education, research, and advocacy. Janelle has also worked in private law practice at the Law Office of Janelle Orsi, focusing on sharing economy law since 2008. Janelle is the author of Practicing Law in the Sharing Economy: Helping People Build Cooperatives, Social Enterprise, and Local Sustainable Economies (ABA Books 2012), and co-author of The Sharing Solution: How to Save Money, Simplify Your Life & Build Community (Nolo Press 2009), a practical and legal guide to cooperating and sharing resources of all kinds.

Janelle’s cartoons include Awkward Conversations with Babies, The Next Sharing Economy, Economy Sandwich, Share Spray, The Beatles Economy, The Legal Roots of Resilience, Housing for an Economically Sustainable Future, Transactional Law Practice for a Sharing Economy, Governance is Life, and Citylicious.

Janelle is an advocate for a more open, inclusive, and accessible legal profession, and you can see her 10-minute presentation on transforming the legal profession here. Janelle supervises two legal apprentices — co-workers who are becoming lawyers without going to law school. Janelle and her apprentices are blogging about the process at LikeLincoln.org. 

In 2014, Janelle was selected to be an Ashoka Fellow, joining a robust cohort of social entrepreneurs who are recognized to have innovative solutions to social problems and the potential to change patterns across society.  In 2010, Janelle was profiled by the American Bar Association as a Legal Rebel, an attorney who is “remaking the legal profession through the power of innovation.” In 2012, Janelle was one of 100 people listed on The (En)Rich List, which names individuals “whose contributions enrich paths to sustainable futures.”

In her words…

“I’ve come to realize, if we cultivate the right conditions, we can end up with communities and organizations where, a lot of people, or even all the people, feel that they have power and agency to just shape the world around them.” “I have a lot of hope and optimism for what I think we can do in this world. I think a lot of my role as a leader has just been to help impart that same enthusiasm. I do that. I really hone my skills as a communicator and I do a lot of speaking, I draw a lot of cartoons, I do a lot of writing in ways that I hope inspire other people. What ends up happening is that when other people are inspired, they’re highly intrinsically motivated to get involved. That’s my form of leadership, it’s spurring a lot of voluntary and intrinsically motivated participation in this work as opposed to coercive. I almost never want somebody to do something if they don’t feel intrinsically motivated to do it. For me, my style is to create the vision and communicate it in a way that people are going to want to and feel really driven to get involved in.” “I think we need to start young and just get everybody used to having more power in agency. I think most people walk around their cities or their neighborhoods and they watch things happen. They see, ‘Oh, that building got bought up by a big developer,’ or, ‘That building’s being torn down.’ They watch things happen and it just sort of washes over us, but we don’t always necessarily feel like we have the power or opportunity to change things or shape the world around us. To the extent that we can start practicing that in small ways and creating opportunities for people everywhere to practicing that in small ways, it’ll, I think, ultimately lead to people doing it in bigger ways and having a bigger impact.” “Sometimes I hear people say, ‘there are too many nonprofits,’ or ‘there’s too much redundancy.’ You know, we don’t need more nonprofits, but in a way, I think that we do, because every organization or every program within an organization is a space in which people are able to have a lot of agency and power and to take things on and to achieve a lot. And the degree of social change that we need, if we really are gonna make it through this next 10 years, we have the UN predicting that 2030 is the year in which basically climate change is gonna be irreversible. These are huge problems to take on and of course, the inequality’s been getting worse. Racism’s been getting worse. We’re on a trajectory where things are getting worse, and so to really turn things around, it’s gonna take a lot. A lot of people really focusing on making that change.” “I think the nonprofit sector will grow and that it should grow and that there should be a diversity of organizations working in the same sector. A lot of people say, ‘don’t just duplicate efforts’. But I think we should duplicate efforts. We need a lot of people doing the same kind of work, but doing it in their unique communities, in their unique ways, trying innovative things. And so I think a plurality and diversity and multiplicity of nonprofits emerging in coming years I think will be important. And I think the highly participatory leadership structure is gonna be really critical to that in order to create that leaderful society.” “I just think the passion and the dedication and the intrinsic motivation of nonprofit workers is perhaps the most valuable resource that we have for social change. That it’s the workers themselves and the drive and the motivation that we bring. That’s what’s really going to make change. And then in order to tap into that drive and into that motivation, we have to be thinking about our organizational structures and our organizational culture. So it could really come down to that. Maybe this is my way of saying that nonprofits that aren’t really thinking deeply about their structure and their culture right now are missing an opportunity to tap into that incredibly valuable resource.” 

Questions Answered on this Episode

• What is shareable leadership?
• Why do you think it is beneficial in the nonprofit sector?
• What issues or opportunities do you see in traditional structures of leadership?
• Cooperatives and shared economy models are seeing a surge in popularity. In many ways, cooperatives, in particular, are creating new economic opportunities for people who may have been previously counted out. How do we invest in those leaders and groups to prepare them as their organizations grow?
• How would you describe your leadership style?
• What has been the overall response to the concept of shareable leadership?
• Are there specific conditions under which the model will thrive or fail?
• What response does “shareable leadership” get from funders? Have they embraced the concept?
• Our current political climate has birthed leaders that haven’t followed the typical trajectory but felt the need to lead in order to create something better. Do you have any predictions about leadership structures and what we may see in the next 5 or 10 years?

The post Janelle Orsi on transforming the way we think about leadership appeared first on P2P Foundation.

About This Episode

In 2010, The American Bar Association named Janelle Orsi a Legal Rebel, for being an attorney who is remaking the legal profession through the power of innovation. We agree- Janelle is a rebel with a cause, transforming the way we think about leadership in this shifting economy. From participatory leadership to salary transparency, Janelle is leading by example to expand our definition of leadership. In this episode, Janelle shares examples of how her organization’s leadership practices create opportunities for every level of staff to be engaged in contributing to the organization.

About Janelle Orsi

Janelle Orsi is a lawyer, advocate, writer, and cartoonist focused on cooperatives, the sharing economy, land trusts, shared housing, local currencies, and rebuilding the commons.She is Co-Founder and Executive Director of the Sustainable Economies Law Center (SELC), which facilitates the growth of more sustainable and localized economies through education, research, and advocacy. Janelle has also worked in private law practice at the Law Office of Janelle Orsi, focusing on sharing economy law since 2008. Janelle is the author of Practicing Law in the Sharing Economy: Helping People Build Cooperatives, Social Enterprise, and Local Sustainable Economies (ABA Books 2012), and co-author of The Sharing Solution: How to Save Money, Simplify Your Life & Build Community (Nolo Press 2009), a practical and legal guide to cooperating and sharing resources of all kinds.

Janelle’s cartoons include Awkward Conversations with Babies, The Next Sharing Economy, Economy Sandwich, Share Spray, The Beatles Economy, The Legal Roots of Resilience, Housing for an Economically Sustainable Future, Transactional Law Practice for a Sharing Economy, Governance is Life, and Citylicious.

Janelle is an advocate for a more open, inclusive, and accessible legal profession, and you can see her 10-minutepresentation on transforming the legal profession here. Janelle supervises two legal apprentices — co-workers who are becoming lawyers without going to law school. Janelle and her apprentices are blogging about the process at LikeLincoln.org. 

In 2014, Janelle was selected to be an Ashoka Fellow, joining a robust cohort of social entrepreneurs who are recognized to have innovative solutions to social problems and the potential to change patterns across society.  In 2010, Janelle was profiled by the American Bar Association as a Legal Rebel, an attorney who is “remaking the legal profession through the power of innovation.” In 2012, Janelle was one of 100 people listed on The (En)Rich List, which names individuals “whose contributions enrich paths to sustainable futures.”

In her words…

“I’ve come to realize, if we cultivate the right conditions, we can end up with communities and organizations where, a lot of people, or even all the people, feel that they have power and agency to just shape the world around them.” “I have a lot of hope and optimism for what I think we can do in this world. I think a lot of my role as a leader has just been to help impart that same enthusiasm. I do that. I really hone my skills as a communicator and I do a lot of speaking, I draw a lot of cartoons, I do a lot of writing in ways that I hope inspire other people. What ends up happening is that when other people are inspired, they’re highly intrinsically motivated to get involved. That’s my form of leadership, it’s spurring a lot of voluntary and intrinsically motivated participation in this work as opposed to coercive. I almost never want somebody to do something if they don’t feel intrinsically motivated to do it. For me, my style is to create the vision and communicate it in a way that people are going to want to and feel really driven to get involved in.” “I think we need to start young and just get everybody used to having more power in agency. I think most people walk around their cities or their neighborhoods and they watch things happen. They see, ‘Oh, that building got bought up by a big developer,’ or, ‘That building’s being torn down.’ They watch things happen and it just sort of washes over us, but we don’t always necessarily feel like we have the power or opportunity to change things or shape the world around us. To the extent that we can start practicing that in small ways and creating opportunities for people everywhere to practicing that in small ways, it’ll, I think, ultimately lead to people doing it in bigger ways and having a bigger impact.” “Sometimes I hear people say, ‘there are too many nonprofits,’ or ‘there’s too much redundancy.’ You know, we don’t need more nonprofits, but in a way, I think that we do, because every organization or every program within an organization is a space in which people are able to have a lot of agency and power and to take things on and to achieve a lot. And the degree of social change that we need, if we really are gonna make it through this next 10 years, we have the UN predicting that 2030 is the year in which basically climate change is gonna be irreversible. These are huge problems to take on and of course, the inequality’s been getting worse. Racism’s been getting worse. We’re on a trajectory where things are getting worse, and so to really turn things around, it’s gonna take a lot. A lot of people really focusing on making that change.” “I think the nonprofit sector will grow and that it should grow and that there should be a diversity of organizations working in the same sector. A lot of people say, ‘don’t just duplicate efforts’. But I think we should duplicate efforts. We need a lot of people doing the same kind of work, but doing it in their unique communities, in their unique ways, trying innovative things. And so I think a plurality and diversity and multiplicity of nonprofits emerging in coming years I think will be important. And I think the highly participatory leadership structure is gonna be really critical to that in order to create that leaderful society.” “I just think the passion and the dedication and the intrinsic motivation of nonprofit workers is perhaps the most valuable resource that we have for social change. That it’s the workers themselves and the drive and the motivation that we bring. That’s what’s really going to make change. And then in order to tap into that drive and into that motivation, we have to be thinking about our organizational structures and our organizational culture. So it could really come down to that. Maybe this is my way of saying that nonprofits that aren’t really thinking deeply about their structure and their culture right now are missing an opportunity to tap into that incredibly valuable resource.” 

Questions Answered on this Episode

• What is shareable leadership?
• Why do you think it is beneficial in the nonprofit sector?
• What issues or opportunities do you see in traditional structures of leadership?
• Cooperatives and shared economy models are seeing a surge in popularity. In many ways, cooperatives, in particular, are creating new economic opportunities for people who may have been previously counted out. How do we invest in those leaders and groups to prepare them as their organizations grow?
• How would you describe your leadership style?
• What has been the overall response to the concept of shareable leadership?
• Are there specific conditions under which the model will thrive or fail?
• What response does “shareable leadership” get from funders? Have they embraced the concept?
• Our current political climate has birthed leaders that haven’t followed the typical trajectory but felt the need to lead in order to create something better. Do you have any predictions about leadership structures and what we may see in the next 5 or 10 years?

The post Legal Rebel, Janelle Orsi, Transforms the Way We Think About Leadership appeared first on P2P Foundation.

Sadly, this is real: Improving the livability of a previously disinvested neighborhood creates opportunities for speculators, landlords, and developers to increase rents and drive up the cost of property, often causing displacement of the very people who made the neighborhood livable to begin with.

It’s paralyzing to realize that the positive changes we make in our communities can do more harm than good. We eventually arrive at the most difficult-to-answer question: What will stop the pattern of displacement of low- to moderate-income communities and communities of color?

I believe that only one solution will make a true and long-term difference, and you rarely hear anyone utter it, because it so radically challenges everything we’ve been told to do as responsible adults pursuing the “American Dream.” So brace yourself…

We have to stop profiting from property. We have to treat homes as homes, not as investment vehicles that we hope to later sell to the highest bidders. If the privilege of property ownership determines who builds wealth, then the wealthy will build wealth more quickly than everyone else, white people will build wealth much faster than black people, and we’ll continually deepen inequality and racism in this country.

This reality has settled in to the point where I’m ready to declare: I can never, with a clear conscience, buy a house and feel entitled to the capital gains generated by the housing market. I wouldn’t feel proud if my method of building wealth is to participate in the pricing out of lower income families. But I do not want to remain a renter and be victimized by the same dynamic. So, now what?

Now I believe that the most important thing the Sustainable Economies Law Center (SELC) – and everyone else, for that matter – can work on is creating and spreading a different model of property ownership.

This is where the Permanent Real Estate Cooperative (PREC) comes in. “Permanent Real Estate Cooperative” is the name SELC has given to a model we have been working on for land and housing acquisition, management, and ownership. The PREC model employs similar tools to those used by limited equity housing cooperatives (LEHCs) and community land trusts (CLTs): Residents buy homes and feel much like homeowners, but the equity that they can build in a property is limited to what they put in (purchase price and improvements) plus a strictly limited rate of return, usually tied to inflation rates or a consumer price index. Capping the resale value and putting land into community control helps ensure that it won’t be sold back into the speculative marketplace.

In addition, the PREC model brings multiple innovations:

1. It’s for everyone

Unlike most affordable housing developments and 501(c)(3) community land trusts (CLTs), which are often limited (by tax exemption or their funding sources) to providing housing to low-income households, the PREC is a cooperative corporation spreading the notion that everyone – high-income and low-income – should stop profiting from property and live in limited equity housing.

2. It’s self-help

PRECs are platforms for mutual aid and self-help, not charitable assistance. Charities can create a disempowering divide between the helpers and the helped. The cooperative structure transforms the relationship to create groups of people working together to provide for their own long-term housing needs. That can make it motivating and empowering, and it sets the stage for communities to engage in mutual support in many forms beyond housing.

3. It’s self-organizing and scalable

Our vision is to design the governance of PRECs to enable bottom-up organizing by hundreds or thousands of members, rather than top-down management by a board and staff. A household or group of people can self-organize, find financing, and identify a property to shepherd into the cooperative. The cooperative will serve as a container to hold title to land and enforce limited equity. The cooperative Board and staff support members in this process, but generally do not drive decisions about what properties to buy and who will live in them. Because all members will be responsible for organizing to acquire properties, we believe that a PREC can grow quickly to involve many people and homes.

There is much more to say about the PREC model, how properties are financed, how governance works, how to ensure permanence of affordability, how we can grow a movement of PRECs, how PREC members build economic security outside of the conventional housing market, and so on. SELC has put a lot of thought and research into it, and we feel satisfied that this is a viable and powerful path forward.

So, while a blog post cannot do it justice, a SELC project to pilot PRECs in the Bay Area will hopefully illuminate a way out of the gentrification and displacement trap. Stay tuned as we develop this model, and let us know if you recommend any resources or potential support for our work. Note: We have not received funding to do this particular work, and we are just beginning the process of fundraising while we use unrestricted funds to lay the groundwork. Stay tuned, and let us know if you have suggestions.

Cross-posted from theselc.org

Photo by ralky

The post Homeownership is Dead. Long Live the Permanent Real Estate Cooperative appeared first on P2P Foundation.

In the quest to imagine and build a new “sharing economy,” one factor that is often overlooked is law.  What shall be the role of formal law in a world of social enterprises, shared workspaces, cohousing, car-sharing groups, tool-lending libraries, local currencies and crowdfunding?  Who has legal rights in these various contexts, and what do they look like?  Who holds the legal liabilities?

These questions are sometimes ignored by commoners who consider the law a retrograde, irrelevant force to be avoided.  But even among those who acknowledge the inescapability of conventional law, the contours of legal rights and liabilities are not always self-evident because the law tends to be silent about commoning, or construes such activities in archaic legal categories. The law as it now stands presumes that we are either businesses or consumers, employers or employees, or landlords and tenants.  Production and consumption, and investment and usage, are “naturally” considered separate activities pursued by different people.

But nowadays countless activities in the sharing economy are blurring old categories of law. There may be many parties involved in managing a a workspace, childcare facility or online information, or perhaps many people have ongoing relationships and responsibilities and entitlements that are collective and evolving. Should the strict letter of the (archaic) law necessarily trump our informal, self-negotiated social rules?

Janelle Orsi, director of the Oakland-based Sustainable Economies Law Center, has tackled these and many other such questions in a terrific book, Practicing Law in the Sharing Economy:  Helping People Build Cooperatives, Social Enterprise and Local Sustainable Economies (ABA Publishing).  The book covers a monumental array of legal topics that are relevant to the sharing economy.  Most of the chapters deal with how to craft agreements that validate special forms of sharing – for example, how to form organizations, how to exchange with each other and how to invest in each other’s work.  There are also chapters for shared working arrangements, mutual provisioning, sharing rights to land, sharing rights to intellectual property, and managing collective risks.

Orsi notes that while a great deal of attention is focused on the social or technological systems for inventing a “new economy,” relatively little attention has been focused on the mundane but vital role of everyday law.  We like to think that informal social arrangements are adequate – and indeed, they are a vital engine of commons and other sharing activities.  However, as Richard Stallman and Larry Lessig discovered when trying to advance sharing in software code and creative works, sometimes there is no substitute for the formal recognition of conventional law.  Sometimes it is needed if only to serve as a credible token that you are capable of enforcing your self-chosen commoning arrangements (as the GPL in software and Creative Commons licenses do).

Orsi’s book exemplifies this spirit, but with a keen practical edge.  She also calls on lawyers to help build new legal structures and contracts that will support the new sharing economy.  “Transactional lawyers are needed, en masse, to aid in an epic reinvention of our economic system,” she writes.  Thus the book goes beyond advising about specific bodies of law (cooperatives, land, zoning, capital raising, etc.) to also advise lawyers how to practice law in ways that assist the sharing economy.

For example, Orsi urges more lawyers to break from their reliance on legal boilerplate and standardized forms, and to cultivate mediation and facilitation skills.  She urges law schools to train their students how to engage with the sharing economy, and advises existing lawyers how to structure a sharing economy law practice, including the possibility of a “law collective.”

The book also has some useful sidebar essays on practical legal challenges for specific aspects of the sharing economy.  For example, what are the legal issues in launching community solar projects, especially with respect to public utilities?  What special capital financing model was used by Equal Exchange, the fair trade coffee company, to build its enterprise?

At 607 pages, Practicing Law in the Sharing Economy will be a landmark reference tool for law and the sharing economy for years to come.  May it inspire more law students to enter this under-served field of law, and may it help catalyze changes in law and public policy to affirmatively support the new modes of sharing that are popping up all over.  The mismatch between the burgeoning sharing economy and legacy legal regimes urgently needs to be addressed.

The post Book of the Day: “Practicing Law in the Sharing Economy” by Janelle Orsi appeared first on P2P Foundation.