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All Articles in Business Law, Public Responsibility, and Ethics

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Appraising Merger Efficiencies, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Appraising Merger Efficiencies, Herbert J. Hovenkamp

Faculty Scholarship

Mergers of business firms violate the antitrust laws when they threaten to lessen competition, which generally refers to a price increase resulting from a reduction in output. However, a merger that threatens competition may also enable the post-merger firm to reduce its costs or improve its product. Attitudes toward mergers are heavily driven by assumptions about efficiency gains. If mergers of competitors never produced efficiency gains but simply reduced the number of competitors, a strong presumption against them would be warranted. We tolerate most mergers because of a background, highly generalized belief that most or at least many produce cost ...


Regulating Robo Advisors: Old Policy Goals, New Challenges, Tom Baker, Benedict Dellaert 2017 University of Pennsylvania Law School

Regulating Robo Advisors: Old Policy Goals, New Challenges, Tom Baker, Benedict Dellaert

Penn Wharton Public Policy Initiative

Financial “robo advice”—an automated service that ranks or matches consumers to financial products—has gained significant attention in the investment industry and on the Hill, but there has not yet been a consensus on how to regulate these new services. Robo advisors often are on par with and can exceed the standards of human advices, but they don’t fit into the category of fiduciary, and therefore won’t be held to the same regulatory standard that humans advisors are. Nonetheless, they are subject to systemic risks and the potential for abuses that can hurt consumers. Professors Tom Baker ...


Progressive Antitrust, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Progressive Antitrust, Herbert J. Hovenkamp

Faculty Scholarship

Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a ...


The Rule Of Reason, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Rule Of Reason, Herbert J. Hovenkamp

Faculty Scholarship

Antitrust’s rule of reason was born out of a thirty year (1897-1927) division among Supreme Court Justices about the proper way to assess multi-firm restraints on competition. By the late 1920s the basic contours of the rule for restraints among competitors was roughly established. Antitrust policy toward vertical restraints remained much more unstable, however, largely because their effects were so poorly understood.

This article provides a litigation field guide for antitrust claims under the rule of reason – or more precisely, for situations when application of the rule of reason is likely. At the time pleadings are drafted and even ...


An Ethical Evaluation Of The Modern Pharmaceutical Industry, Kaitlyn Drennan 2017 Abilene Christian University

An Ethical Evaluation Of The Modern Pharmaceutical Industry, Kaitlyn Drennan

Dialogue & Nexus

Lack of transparency, wrongdoings, and unlawful promotion characterize the healthcare industry; these are especially prevalent within the pharmaceutical industry. Consequently, an investigation into the evidence of the corruption and the ethical infringement is needed. In this paper, I will evaluate the pharmaceutical industry’s adherence to the three major branches of ethics. The ever-increasing prices of pharmaceutical products, especially medications used for the combating of anaphylaxis and cancer, coupled with the compensatory-based medication promotion and research points to a major crisis in the realm of social justice. These examples, among many other current issues, lead to difficulties in individuals receiving ...


Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza 2017 Penn State Law

Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza

Penn State Journal of Law & International Affairs

No abstract provided.


Morris Hardwick Schneider Llc Et Al. Order On Plaintiff Landcastle Title, Llc's Motion For Summary Judgment On Defendant's Counterclaim, Melvin K. Westmoreland 2017 Fulton County Superior Court Judge

Morris Hardwick Schneider Llc Et Al. Order On Plaintiff Landcastle Title, Llc's Motion For Summary Judgment On Defendant's Counterclaim, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Standing Voting Instructions: Empowering The Excluded Retail Investor, Jill E. Fisch 2017 University of Pennsylvania Law School

Standing Voting Instructions: Empowering The Excluded Retail Investor, Jill E. Fisch

Faculty Scholarship

Despite the increasing importance of shareholder voting, regulators have paid little attention to the rights of retail investors who own approximately 30% of publicly traded companies but who vote less than 30% of their shares. A substantial factor contributing to this low turnout is the antiquated mechanism by which retail investors vote. The federal proxy voting rules place primary responsibility for facilitating retail voting in the hands of custodial brokers who have limited incentives to develop workable procedures, and current regulatory restrictions impede market-based innovation that incorporate technological innovations.

One of the most promising such innovations is standing voting instructions ...


Regulating The Shared Economy, Sam Ide, Monika Hur, Mohamad Akef 2017 Northwestern University

Regulating The Shared Economy, Sam Ide, Monika Hur, Mohamad Akef

Politica Northwestern

Innovative companies such as Uber and Airbnb have pioneered a new mode of business: the sharing economy. Uber, a car-sharing service, allows individual car owners to act as taxi drivers, connecting individuals seeking rides with those with cars willing to drive them, through a mobile app. Airbnb is a similar service: individual homeowners can rent out a room in their home for short periods of time to travelers, and the company takes a share of the fee. Though these startups have enabled a thriving sharing economy, they have run into opposition from elected officials seeking to clamp down on this ...


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert 2017 University of Pennsylvania Law School

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


First And Second Drafts Of History: The Case Of Trump, Foucault And Pre-Modern Governance, Donald Nordberg 2017 Bournemouth University

First And Second Drafts Of History: The Case Of Trump, Foucault And Pre-Modern Governance, Donald Nordberg

Donald Nordberg


How do we, as scholars – social scientists and historians – respond to momentous contemporary events? Our instincts urge caution, but the events demand action. While blogs and other media offer some paths, they can veer too much towards the snap judgments associated with bad journalism and simplistic representation. This paper consists of two essays, one embedded in the other, that challenge us to think differently about news, social science, and history. The impetus comes from an attempt to make sense of the first, muddled weeks of the new Trump administration in Washington. With reference to Foucault’s concept of governmentality, it ...


Leadership: A Mixed-Method Case Study To Explore The Behaviors A Consultancy Firm Managing Partner Uses To Create Meaning In Their Leadership—For Themselves And Their Followers—Through Character, Relationships, Inspiration, Vision, And Wisdom, Robert J. Mancuso 2017 Brandman University

Leadership: A Mixed-Method Case Study To Explore The Behaviors A Consultancy Firm Managing Partner Uses To Create Meaning In Their Leadership—For Themselves And Their Followers—Through Character, Relationships, Inspiration, Vision, And Wisdom, Robert J. Mancuso

Dissertations

Purpose: The purpose of this mixed-method case study was to identify and describe the behaviors that exemplary consulting-firm Managing Partners use to create personal and organizational meaning for themselves and their followers through character, vision, relationships, wisdom and inspiration. In addition, it was the purpose of this study to determine the degree of importance which followers assign to the behaviors related to vision, character, relationships, wisdom and inspiration help to create personal and organizational meaning. Methodology: This study is part of a thematic exploratory mixed-methods case study. Its focus is exemplar consulting-firm Managing Partners, and it is conducted in two ...


Hawala: How Extralegal Compliance Helps Bank The Unbanked, Morgan Henry 2017 La Salle University

Hawala: How Extralegal Compliance Helps Bank The Unbanked, Morgan Henry

Economic Crime Forensics Capstones

Informal value transfer systems (IVTS') predate not only traditional banking systems, but the entire Western European civilization as well. Used as a reliable method to transfer value from one geographic region to another through a close-knit network of trusted individuals, IVTS' serve as an invaluable facilitator for the movement of billions of dollars across international borders without ever leaving a paper trail. The term “hawala”, which is Arabic for “transfer” or “trust”, is an IVTS that serves as a parallel banking system for those wishing to send value (often in the form of currency) overseas. Hawala has historically thrived as ...


The Influence Of Age, Work Experience, Education Level, And Score On A Standardized Pre-Employment Competency Exam On The Outcome Of A Pre-Employment Polygraph Exam, David M. Torres 2017 Seton Hall University

The Influence Of Age, Work Experience, Education Level, And Score On A Standardized Pre-Employment Competency Exam On The Outcome Of A Pre-Employment Polygraph Exam, David M. Torres

Seton Hall University Dissertations and Theses (ETDs)

This study examined the influence of age, work experience, education level, and score on a standardized pre-employment competency exam on the outcome of a pre-employment polygraph exam. Due to the strict selection requirements and competitive nature of sensitive government and public safety positions, organizations compete in the costly endeavor to hire qualified applicants efficiently and effectively. As these organizations fail to meet the required hiring levels, their responsibilities in public and national security cannot be carried out. This study was conducted in an effort to reduce the time and financial resources an organization must appropriate on applicants that cannot successfully ...


The Pr Of Csr For The Casino Industry: A Review Of Challenging Corporate Social Responsibility: Lessons For Public Relations From The Casino Industry, Andrew B. Gustafson 2017 Creighton University

The Pr Of Csr For The Casino Industry: A Review Of Challenging Corporate Social Responsibility: Lessons For Public Relations From The Casino Industry, Andrew B. Gustafson

UNLV Gaming Research & Review Journal

This is a review of Jessalynn Strauss' recent book, Challenging Corporate Social Responsibility: Lessons for Public Relations from the Casino Industry. Through an analysis of Casino’s CSR practices, Strauss raises some serious concerns about this alignment between CSR and PR, and provides reasons to doubt whether SCR done for strategic bottom line interests rather than purely ethical reasons will consistently accomplish what the casinos set out to achieve.


Assessing The Effects Of Ecotourism On The Developing World: A Galapagos Case Study, Ife Adelona 2017 Fordham University

Assessing The Effects Of Ecotourism On The Developing World: A Galapagos Case Study, Ife Adelona

Student Theses 2015-Present

Over the past decade, ecological tourism in the Galapagos has gained popularity. The local population of people living in the Galapagos is around 30,000; this includes, permanent residents, temporary residents, and immigrants. Tourist visitation within the 5 human inhabited islands is 200,000 people annually. The romantic idea of a pristine natural environment entices humans from across the globe to visit this World Heritage site. However, the growing attraction of this natural landmark has led to resource exploitation and the commodification of natural landscapes. In recent years, the Galapagos has developed its infrastructure in order to sustain the influx ...


Disrespecting The Minimum Wage: How States Limit The Opportunity For Restaurant Workers To Support Themselves, Samantha Pereira 2017 San Jose State University

Disrespecting The Minimum Wage: How States Limit The Opportunity For Restaurant Workers To Support Themselves, Samantha Pereira

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the inequality in the restaurant industry in America. It focuses specifically on the tipped minimum wages in different states compared to the real minimum wage and looks into the gender and racial inequality present in restaurants. The first section analyzes the history of tipping and what it has become in the United States. The paper then moves to describe different struggles that tipped workers in the restaurant industry have to face. The paper also discusses different arguments to raising the tipped minimum wage and compares states with a tipped minimum wage and states without a tipped minimum ...


Illegitimate Economic Practices In Fyr Macedonia, Colin C. Williams, Slavko Bezeredi 2017 Institute of Public Finance,

Illegitimate Economic Practices In Fyr Macedonia, Colin C. Williams, Slavko Bezeredi

Colin C Williams

This report presents the findings of a survey on illegitimate economic practices in FYR Macedonia conducted between August and October 2015. This representative survey of 2,014 citizens focused on their experiences with undeclared work, envelope wages and the practice of ‘pulling strings’, as well as on their opinion about these types of non-compliant behaviour.
According to the respondents, non-compliant practices are strongly ingrained in Macedonian society. Some 35% use personal connections in order to circumvent rules and procedures, 17.7% purchase undeclared goods and services, 6.1% work in the undeclared economy and 13% of employees receive envelope wages ...


Obarski Order On Defendant Elizabeth Elting's Motion To Dismiss For Lack Of Personal Jurisdiction, Melvin K. Westmoreland 2017 Superior Court Fulton County Judge

Obarski Order On Defendant Elizabeth Elting's Motion To Dismiss For Lack Of Personal Jurisdiction, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


In Re Endochoice Holdings, Inc. Order On Motions To Dismiss, Elizabeth E. Long 2017 Superior Court of Fulton County, Judge

In Re Endochoice Holdings, Inc. Order On Motions To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


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