Business Law, Public Responsibility, and Ethics Commons^™

List Voting’S Travels: The Importance Of Being Independent In The Boardroom, Maria Lucia Passador

Fordham Journal of Corporate & Financial Law

The life of the law, especially with regard to corporations, is strongly influenced by experience and practice. The board, a living element of corporate law, is therefore one of the most noteworthy aspects to be studied, given its relevant implications and role as the lifeblood of scholarly debates.

This Article offers a novel contribution to the assessment of list voting, a fairly unique Italian system that has been increasingly appreciated by institutional investors. A hand-picked dataset that stretches from 2005 to 2015 shows a positive correlation between minority-appointed directors in the boardroom and dividend payouts. Furthermore, the findings shed light ...

Small Business Fintech Lending: The Need For Comprehensive Regulation, Lenore Palladino

Fordham Journal of Corporate & Financial Law

The 28.7 million small businesses in the United States—99% of all American businesses—are the backbone of the American economy. Historically, small businesses relied on community banks for their credit needs. Over the last decade, however, small businesses increasingly have turned to “fintech” lenders—nonbank lenders that are largely unregulated. Nonbank consumer lending is governed by consumer protection statutes, but nonbank small business lending is outside of any clear regulatory framework that would protect borrowers from potentially predatory practices. This Article argues that the optimal regulatory regime is a combination of both state authority over fintech lenders and ...

The Consumer Financial Protection Bureau: A Novel Agency Design With Familiar Issues, Thomas Arning

Fordham Journal of Corporate & Financial Law

This Note examines the structure of the Consumer Financial Protection Bureau, with a specific focus on its single-director structure. The balance of authority between agencies and the three branches of government has been a point of contention for generations, especially since the early twentieth century. This area of the law became even more contested following the financial crisis in 2008. As part of the response to the perceived abuses that led to the global recession, Congress created the Consumer Financial Protection Bureau, ultimately opting to give it a single director as opposed to a board structure. Proponents of this regime ...

The Influence Of Law-And-Economics On The Ideological Center Of Civil Society – The New American Formalism With A European Counterpoint, Sebastian Ciobotaru

Washington University Global Studies Law Review

Law-and-economics has been the dominant methodology in United States’ adjudication and law commentary for nearly 35 years. Because of its efficiency-only approach, law-and-economics has transformed the law itself from the impartial anchor of our social system into a political tool that legitimizes a new “false center.” Consequently, by failing in its role as a neutral force immune to political bias, the practice of law as advocated by law-and-economics constantly aids the neoliberal counter-revolution to commodify most aspects of our lives and foster a generation of corporate consumers bereft of traditional notions of liberty and autonomy. The main drive behind this ...

Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities, Katherine C. Pearson, David M. Sarcone

Faculty and Staff Publications By Year

The senior living industry, through a key trade organization, LeadingAge, (formerly American Association of Homes & Services for the Aging or AAHSA), recently organized a national rebranding effort for “Continuing Care Retirement Communities.” In 2015, promoters announced “Life Plan Communities” (LPCs) as the choice for a better brand identity. Larry Minnix, the long-time CEO for LeadingAge, observed that a label such as continuing care retirement community is no longer an adequate image, explaining that the name “Life Plan Community” better represents a setting that encourages growth and new experiences, rather than an environment where residents are merely the subject of care ...

Social Enterprise, Stuart C. Mendel

Stuart C Mendel

Aliera Healthcare, Inc., Order Entering Temporary Restraining Order, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Nancy Johnson Order On Certain Discovery Related Motions, Objections And Requests, Melvin Westmoreland

Georgia Business Court Opinions

No abstract provided.

Impacts Of Globalization: Educational Reforms Shifts The Public Into A Recurrent Devalued Socioeconomic Era For Minorities, Jacqulyn Washington

Master's Theses

This article delves into the breakdown of the impact globalization have on the success of minorities in urban centers. While expanding on the many factors that contribute to the success of minorities, it informs the reader how education, being a huge indicator of success, has been underserved to the poor and minorities. Lacking many resources, this blockage has been further strained through the local government, multinational corporations, educational reforms, and Translocal politics.

Marc Mccord, Order On Pending Discovery Motions, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Strategic Jubilee Et Al., Order On Pending Motions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Stakeholder Theory In Ethical Business Decisions: The Case Of Nestle, Mckayla Marcola

Honors Theses

The traditional view of business is that executives have an obligation to base all decisions around increasing the value of the business. But what happens when those decisions infringe on the surrounding environment? In 2017, Nestlé proposed a water withdrawal increase at their Evart, MI water bottling plant from 250 gallons per minute, to 400 gallons per minute. During April 2018, the Michigan Department of Environmental Quality approved the new withdrawal proposal; this caused an up roar in the environmental community. From local citizens, to public interest groups, many have expressed their opposition for this increase stating that this increase ...

Are Accounting Firms Breaching The Age Discrimination Act With The Inclusion Of Mandatory Retirement Provisions, Emily Haggard

Marketing Undergraduate Honors Theses

Age is just a number. This phrase has been murmured time after time in history. From famous movie scenes, song lyrics, pages in books, and wisdom from mothers, everyone has heard this at least once in their lives. Some joke that age only matters in wine and cheese. Some argue that age is all a limitation that the mind gives you. People are taught to never ask a woman how old she is, and as a society we celebrate certain ages such as twenty-one and sixteen, yet shun and deny those such as thirty and fifty. There are rules for ...

Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson

St. Mary's Journal on Legal Malpractice & Ethics

Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities ...

Free Trade And Corporate Social Responsibility: Ethical Dilemmas In Global Economic Development, Sarah Papion

Capstone Projects and Master's Theses

Through the lens of the free-trade-optimist, it is black and white: corporations bring jobs, and jobs equal a happy and healthy economy. A major oversight in this neoliberal Utopian ideology is that corporations are not in the business of building communities, nor do they have an interest in keeping their operations stationary enough to allow economic growth to occur over a span of years. Corporations abandon communities as quickly as they arrive to find their next cheap labor hub. Quite contradictory to the original purpose of free trade, economic growth in Free Trade Zones is not long term or secure ...

“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona

Journal of Legislation

No abstract provided.

Did Hollywood Take Theatre "By Hook Or By Crook?", Catherine S. Wright

MSU Graduate Theses

Hollywood and Theatre have been partners in producing entertainment for over 100 years. The relationship was fruitful for both parties, but Hollywood moguls and playwrights battled over ownership of the work and crafting of its creative nucleus, story and character. Theatre was the dominant entertainment right before the rise of motion pictures. Once Hollywood’s talkies closed the curtain on silent films, playwrights had a high creative worth to movie makers. In the cinema, story and dialogue were essential for its survival and growth. Playwrights were courted by the Hollywood studio heads but were not offered equal partnership as they ...

Transfer Of A Going Concern, Vincent Ooi

Research Collection School Of Law

GST transfers of a going concern—overviewThe sale of a business is in substance the sale of a number of assets bundled together. Generally, GST would be charged on the transfer of each asset according to the rules applicable to that asset, i.e. standard-rate, zero-rate or exempt.However, where a business is transferred as a going concern (a “TOGC”), the transaction may be treated as an excluded transaction under the Goods and Services Tax (Excluded Transactions) Order. If so, the trans-action would be treated as neither a supply of goods nor a supply of services and therefore outside the ...

Bh Hasid Llc, Order On Pending Motions And Setting Hearing, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Robert L. Nix Order Regarding Motion For Substitution Of Party, John J. Goger

Georgia Business Court Opinions

No abstract provided.