Business Law, Public Responsibility, and Ethics Commons

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Recent Articles in Business Law, Public Responsibility, and Ethics

To Believe In Black Stars Or Red Dragons?: Comparing The Foreign Direct Investment Climates Of Ghana And China, Theodore W. Briscoe III College of William & Mary Law School

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 College of William & Mary Law School

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 University of Rhode Island

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 University of New Hampshire

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 Melbourne Business School

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 University of Maryland Francis King Carey School of Law

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 University of Maryland Francis King Carey School of Law

Teaching Federal Corporate Law, Verity Winship

Journal of Business & Technology Law

No abstract provided.


Teaching Antitrust After The Financial Crisis, Maurice E. Stucke University of Maryland Francis King Carey School of Law

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 University of Maryland Francis King Carey School of Law

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 University of Maryland Francis King Carey School of Law

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 University of Maryland Francis King Carey School of Law

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 University of Maryland Francis King Carey School of Law

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 University of Maryland Francis King Carey School of Law

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 University of Maryland Francis King Carey School of Law

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 University of Maryland Francis King Carey School of Law

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.


Foreword, Robert J. Rhee University of Maryland Francis King Carey School of Law

Foreword, Robert J. Rhee

Journal of Business & Technology Law

No abstract provided.


The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee University of Maryland Francis King Carey School of Law

The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee

Faculty Scholarship

This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs ...


A Proposal For An Ethics Class For The Master Of Accountancy Program At The University Of Tennessee, Knoxville, Philip Hardman University of Tennessee, Knoxville

A Proposal For An Ethics Class For The Master Of Accountancy Program At The University Of Tennessee, Knoxville, Philip Hardman

University of Tennessee Honors Thesis Projects

No abstract provided.


Introducing A Writing Skills Intervention Into An Undergraduate Financial Accounting Course, Barbara M. Tarasovich, Benoit Boyer Sacred Heart University

Introducing A Writing Skills Intervention Into An Undergraduate Financial Accounting Course, Barbara M. Tarasovich, Benoit Boyer

Business Faculty Publications

This paper describes how integrating a research project into an undergraduate business school core accounting course provides opportunities to develop critical writing skills while reinforcing ethics as part of the business school curriculum. The paper discusses an end-to-end process from the overall goals and details of the assignment to assess student skills. After researching an ethical topic in business, students are challenged to complete a research paper examining the issue and stating and supporting their opinion and views of the issue. While writing courses or assignments are not unusual in business program, the unique approach described in this paper includes ...


Lawyers In The Shadows: The Transactional Lawyer In A World Of Shadow Banking, Steven L. Schwarcz Duke Law

Lawyers In The Shadows: The Transactional Lawyer In A World Of Shadow Banking, Steven L. Schwarcz

Faculty Scholarship

This article, which is based on the author’s keynote address at an April 5, 2013 conference at American University Washington College of Law on “Transactional Lawyering: Theory, Practice, & Pedagogy,” examines the role of transactional lawyers in a world of shadow banking. By reducing the dominance of banks as financial intermediaries, shadow banking has transformed the financial system, causing transactional lawyers to face an array of novel issues. This article focuses on one of those issues: To what extent should transactional lawyers address the potential systemic consequences of their client’s actions? First, the article shows that the legal system ...