Business Law, Public Responsibility, and Ethics Commons^™

In Re Dewey Ranch Hockey, Llc: The Bankruptcy Of The Phoenix Coyotes, Chris Rowe, Jeff Upshaw

Chapter 11 Bankruptcy Case Studies

While only a small percentage of Chapter 11 bankruptcy filings garner the attention of the American public, a bankruptcy petition involving a “big four” professional sports franchise (NFL, MLB, NBA, NHL) is big news to the American sports world. Perhaps the reason is that few, if any, commercial entities make such a passionate connection with its customers as professional sports teams.

In comparison to the other members of the “big four”, the NHL simply does not have the same level of financial success. Almost half of the 30 NHL franchises lost money in the 2011-2012 season.^[1] Of the nine ...

Force Out: A Dodgers Bankruptcy, Richard Marrero, Cj Fayton

Chapter 11 Bankruptcy Case Studies

The premise of a chapter 11 bankruptcy is that the business’ going concern value exceeds its liquidation value. It provides the debtor with an opportunity to restructure their debt so that they can pay back their creditors and stay in business.

The debtor’s filing of the bankruptcy petition creates an “automatic stay.”[1] The automatic stay is an injunction that prevents creditors from pursuing legal actions against the debtor and its assets. The automatic stay, however, protects not only the debtor but the creditors as well. In the absence of the automatic stay, creditors would “race to the courthouse ...

Adapting To The New Shareholder-Centric Reality, Edward B. Rock

Faculty Scholarship

After more than eighty years of sustained attention, the master problem of U.S. corporate law—the separation of ownership and control—has mostly been brought under control. This resolution has occurred more through changes in market and corporate practices than through changes in the law. This Article explores how corporate law and practice are adapting to the new shareholder-centric reality that has emerged.

Because solving the shareholder–manager agency cost problem aggravates shareholder–creditor agency costs, I focus on implications for creditors. After considering how debt contracts, compensation arrangements, and governance structures can work together to limit shareholder–creditor ...

Accounting For Ethics In Action: Problems With Localised Constructions Of Legitimacy, Stewart R. Clegg, Ray Gordon

Business papers

Socially constituted systems of order emanate from tacit interaction. While they are reflected in an organization’s culture, they do not necessarily align with the organization’s authorised rules and codes of conduct. Such misalignment renders legitimacy in organizations problematic. The paper explores the relation between power and legitimacy by showing how such systems of order recursively establish, and are established by, forms of legitimacy that may not be formalised. Empirically, such forms of legitimacy thwarted a police organization’s attempt to reform. Theoretically, an understanding of organizational change is connected to the relationship between power and legitimacy. The paper ...

Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park

Management Faculty Publications and Presentations

The article analyzes the issue related to fairness in using political campaign debate footage in political campaign advertising and reflects on the U.S. Digital Millennium Copyright Act (DMCA) in this context. It discusses traditional copyright protection and the fair use exception and examines the intersection of copyright law and free speech argument in this regard. It presents an application of DMCA to internet service providers (ISPs) such as YouTube and explains that holding fair use may have significant implications for political speech on the Internet. It suggests that a holding in favor of making debate footage available for all ...

To Believe In Black Stars Or Red Dragons?: Comparing The Foreign Direct Investment Climates Of Ghana And China, Theodore W. Briscoe Iii

William & Mary Business Law Review

When thinking of overseas business expansion, most think of China. This is for good reason: China commands a lion’s share of foreign direct investment money. It would shock readers to know that there are destinations that are far more suitable for overseas investment than China. It would shock readers even more to know that one of these destinations is in sub-Saharan Africa.

Ghana—the Black Star country—has quietly put together a legal regime that is extremely attractive for foreign direct investment. When comparing Ghana’s foreign investment policies to China’s, Ghana’s policies are indisputably more favorable ...

The Constitution, The Roberts Court, And Business: The Significant Business Impact Of The 2011-2012 Supreme Court Term, Corey Ciocchetti

William & Mary Business Law Review

The 2011–2012 Supreme Court Term created quite the media buzz. The Affordable Care Act cases and the controversial Arizona immigration law dominated the headlines. But the Term also included other fascinating yet less sensationalized cases. The Court heard its fair share of criminal law controversies involving derelict defense attorneys and prosecutors, as well as civil procedure disputes involving qualified immunity for witnesses in grand jury proceedings and private parties assisting the government in litigation. The Justices also entertained arguments on a federal law allowing United States citizens born in Jerusalem to have “Israel” stamped as their birthplace on a ...

Rhody's Run For Dana-Farber 5k, Bryan P. Poston, Mark Albanese

Senior Honors Projects

The event itself was designed to benefit the Dana-Farber Cancer Institute and the Jimmy Fund. In the early stages of the project, it was clear that a charity event would have the largest impact both on our experiential learning as well as the community as a whole. Dana-Farber was selected as the events beneficiary due to their impressive contributions to cancer research worldwide. While the success of the project isn't solely determined by charitable contributions we collected, it provided a form of measurement of progress throughout the semester. With the goal of simultaneously promoting student health, the event was ...

The Next Generation Of Entrepreneurs, Christopher Schwab

Honors Theses

A.R. (Venky) Venkatachalam, Ph.D. (Associate Dean of Academic Programs & Professor of Information Systems) and I believe that the steps to insure future entrepreneurial success have not been taken; therefore my intention is to provide quality insight regarding the importance of embracing our next generation of entrepreneurs.

Maybe It’S Right, Maybe It’S Wrong: Structural And Social Determinants Of Deception In Negotiation, Mara Olekalns

Mara Olekalns

Context shapes negotiators’ actions, including their willingness to act unethically. Focusing on negotiators use of deception, we used a simulated two-party negotiation to test how three contextual variables - regulatory focus, power, and trustworthiness - interacted to shift negotiators’ ethical thresholds. We demonstrated that these three variables interact to either inhibit or activate deception, providing support for an interactionist model of ethical decision-making. Three patterns emerged from our analyses. First, low power inhibited and high power activated deception. Second, promotion-focused negotiators favored sins of omission whereas prevention-focused negotiators favored sins of commission. Third, low cognition-based trust influenced deception when negotiators experience fit ...

Teaching Business Law In The New Economy; Strategies For Success, Kamille Wolff Dean

Journal of Business & Technology Law

No abstract provided.

Teaching Federal Corporate Law, Verity Winship

Journal of Business & Technology Law

No abstract provided.

Teaching Antitrust After The Financial Crisis, Maurice E. Stucke

Journal of Business & Technology Law

No abstract provided.

Double Dutch: Teaching Business Associations In Two Semesters, Christyne J. Vachon

Journal of Business & Technology Law

No abstract provided.

Incorporating Litigation Perspectives To Enhance The Business Associations Course, Ann M. Scarlett

Journal of Business & Technology Law

No abstract provided.

Shareholder Primacy In The Classroom After The Financial Crisis, David Millon

Journal of Business & Technology Law

No abstract provided.

Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana

Journal of Business & Technology Law

No abstract provided.

Teaching Business Associations Law In The Evolving New Market Economy, Joan Macleod Heminway

Journal of Business & Technology Law

No abstract provided.

Teaching Citizens United V. Fec In The Introductory Business Associations Course, Michael D. Guttentag

Journal of Business & Technology Law

No abstract provided.

Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner

Journal of Business & Technology Law

The legal market has changed. Although change creates uncertainty and fear, it also can create opportunity. This essay explores the opportunity for innovation in the business law curriculum, and the role of simulation to help create more practice-aware new lawyers.