Business Law, Public Responsibility, and Ethics Commons^™

How We Value Future Generations, Elias Connors Dorf

Senior Projects Fall 2020

This project examines how we value future generations. From looking at different ways we value future and present wellbeing we are able to see a tension that arises from having a high value on both. When looking at examples of ways we value future wellbeing we can see that if you value future wellbeing highly it will devalue current wellbeing. Then we look for a justification for valuing one over the other. This leads us into two ways of how we justify valuing either valuation of wellbeing and a discussion of the average and the classical principles of utility. We …

Management-Based Regulation, Cary Coglianese, Shana M. Starobin

All Faculty Scholarship

Environmental regulators have embraced management-based regulation as a flexible instrument for addressing a range of important problems often poorly addressed by other types of regulations. Under management-based regulation, regulated firms must engage in management-related activities oriented toward addressing targeted problems—such as planning and analysis to mitigate risk and the implementation of internal management systems geared towards continuous improvement. In contrast with more restrictive forms of regulation which can impose one-size-fits-all solutions, management-based regulation offers firms greater operational choice about how to solve regulatory problems, leveraging firms’ internal informational advantage to innovate and search for alternative measures to achieve the intended …

Buyer Beware: Variation And Opacity In Esg And Esg Index Funds, Dana Brakman Reiser, Anne Tucker

Faculty Publications By Year

Evidence of the tremendous rise in the significance of environmental, social, and governance (ESG) investing is coming from all quarters. Fund flows into ESG investment vehicles are growing at a sustained and sometimes exponential pace. Fund complexes are rushing to design products, creating and rebranding scores of mutual funds and exchange traded funds (ETFs), including lower-cost indexed options. Industry leaders, critics, and commentators are all heralding the sea change as a shift in investing - and corporate governance - to more broadly consider environmental and social factors.

This Article provides vital context for this conversation. Its descriptive account of the …

Complex Compliance Investigations, Veronica Root Martinez

Faculty Scholarship

Whether it is a financial institution like Wells Fargo, an automotive company like General Motors, a transportation company like Uber, or a religious organization like the Catholic Church, failing to properly prevent, detect, investigate, and remediate misconduct within an organization’s ranks can have devastating results. The importance of the compliance function is accepted within corporations, but the reality is that all types of organizations—private or public—must ensure their members com­ply with legal and regulatory mandates, industry standards, and internal norms and expectations. They must police thousands of members’ compli­ance with hundreds of laws. And when compliance failures occur at these …

More Meaningful Ethics, Veronica Root Martinez

Faculty Scholarship

Firms have exponentially increased their investment in the creation and implementation of ethics and compliance programs over the past fifteen years. The convergence of more robust corporate enforcement actions and more sophisticated industry standards and practices surrounding compliance efforts has created a booming compliance industry with commonly accepted standards and responsibilities. Within these efforts is a formal acknowledgment by the government, industry leaders, and academics that ethics has a role to play in helping to prevent misconduct within firms and that compliance without concern for ethics is insufficient. The reality, however, is that within firms’ efforts to implement effective ethics …

Designing Business Forms To Pursue Social Goals, Ofer Eldar

Faculty Scholarship

The long-standing debate about the purpose and role of business firms has recently regained momentum. Business firms face growing pressure to pursue social goals and benefit corporation statutes proliferate across many U.S. states. This trend is largely based on the idea that firms increase long-term shareholder value when they contribute (or appear to contribute) to society. Contrary to this trend, this Article argues that the pressing issue is whether policies to create social impact actually generate value for third-party beneficiaries—rather than for shareholders. Because it is difficult to measure social impact with precision, the design of legal forms for firms …

A Business Plan For The Fitzgerald Institute, Elaine M. King, Matthew G. Deibel, Matthew J. Bulgrin, Alex Skeen, Stephanie N. Kieke

Williams Honors College, Honors Research Projects

This piece seeks to develop a business strategy for the University of Akron's Fitzgerald Institute for Entrepreneurship. The recommendations given were developed utilizing research on entrepreneurial education and the desires of students at the university.

How Access To Finances Affects Gender Inequality Across Cultures, Allison Muntin

Williams Honors College, Honors Research Projects

While many studies of financial inclusion have been undertaken, very few discuss the inclusion of women. Financial inclusion plays a large role in unlocking resources for the disadvantaged, resulting in higher economic growth and development. The economic opportunity allows individuals and businesses to have a greater contribution to society as a whole, enhancing all aspects of the economy. This paper furthers the conversation of women’s access to financial institution accounts across cultures and what underlying factors play a key role. The results indicate that the female demographic has fewer financial institution accounts in comparison to men when: (i) a country’s …

Defined Contribution Plans And The Challenge Of Financial Illiteracy, Jill E. Fisch, Annamaria Lusardi, Andrea Hasler

All Faculty Scholarship

Retirement investing in the United States has changed dramatically. The classic defined-benefit (DB) plan has largely been replaced by the defined contribution (DC) plan. With the latter, individual employees’ decisions about how much to save for retirement and how to invest those savings determine the benefits available upon retirement.

We analyze data from the 2015 National Financial Capability Study to show that people whose only exposure to investment decisions is by virtue of their participation in an employer-sponsored 401(k) plan are poorly equipped to make sound investment decisions. Specifically, they suffer from higher levels of financial illiteracy than other investors. …

Whistleblowing And Caterpillar Inc.’S Swiss Tax Strategy, Amy Lysak, Richard Marmon, Edward J. Schoen

Rohrer College of Business Faculty Scholarship

No abstract provided.

Do Environmental And Financial Performances Affect Environmental Disclosures? Evidence From Listed Companies In Indonesia, Indah Fajarini Sri Wahyuningrum, Mochamad Arief Budihardjo, Fadel Iqbal Muhammad, Hadrian Geri Djajadikerta, Terri Trireksani

Research outputs 2014 to 2021

© 2020 by author(s) and VsI Entrepreneurship and Sustainability Center. The number of companies in Indonesia that have participated in environmental-related activities continues to grow. Some of these companies have also engaged and implemented an assessment program called Program for Pollution Control, Evaluation, and Rating (PROPER). This assessment program was initially launched by the Indonesian Ministry of Environment in 1995 to measure and rate the environmental performance of companies in Indonesia. They have also administered an environmental management system as part of their environmental protection initiatives. However, the level of environmental disclosure by these companies is still low. This may …

An Evaluation Of A Transorganizational Development Process Promoting Positive Social Change, Erin Hall

Theses and Dissertations

Humanity's largest and most complex social problems are not going to be adequately addressed by one organization working alone. This study addressed two research questions: (1) what ingredients enable successful transorganization collaboration seeking positive social change? and (2) what roles does trust play? Using a case study methodology, participants and observers were interviewed. The data was analyzed using Ainsworth and Feyerhem's diagnostic model of transorganzational systems and Vangen and Huxham's trust-building and trust-sustaining theory. The findings emphasize the interdependence of transorganizational system (TS) design components and, in particular, of trust with each of the components.

Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes

St. Mary's Law Journal

Abstract forthcoming.

Cambridge Analytica: The Scandal On Data Privacy, Carissa Boerboom

Augustana Center for the Study of Ethics Essay Contest

Consumers need to understand the risks and consequences of sharing their lives with the world. For data analysts, even if you can create and implement a model, should you? This research paper discusses Cambridge Analytica’s methods using predictive analytics and Facebook to influence the 2016 US Presidential Election. Through examining the firm as a whole, key people involved in the scandal, methods of data collection, and Facebook’s role, the ethical boundaries of big data, predictive analytics, and data privacy are analyzed. Three perspectives were discussed in regards to ethical disparity: Cambridge Analytica, Facebook, and the consumers. Overall, this research exposes …

Corporate Social Responsibility (Csr) Programs In Philippine Libraries, Joseph Marmol Yap, Martin Julius Villangca Perez, Elijah John Fernando Dar Juan

Library Philosophy and Practice (e-journal)

Libraries are sometimes the least priority of a public school, a state university, a local government unit or an enterprise. With the efforts of its administrators and help of the innovative librarians, these libraries could solicit book donations and other information products, collaterals, library equipment and furniture if they have the right contact person – the CSR managers from the generous donors. More often than not, these libraries try to squeeze in the meager funds they get from their institutions and try to work it out based from their day-to-day needs.

This paper presents 14 organizations / corporations that are …

Editors' Comments: Is Corporate Social Responsibility Research Undertheorized?, Heli Wang, Cristina Gibson, Udo Zander

Research Collection Lee Kong Chian School Of Business

Corporate social responsibility (CSR) is a concept that has brought about both progress and controversy. Under the banner of CSR, we have made progress in addressing some of the world’s most pressing challenges, yet corporations still struggle to figure out where, how, and when to devote their social efforts, and doubts abound as to whether corporate efforts are truly in the public’s best interest. Scholarly interest in CSR research has also flourished. As a pervasive topic in the business literature, CSR is being addressed not only in the management field but also in the domains of economics, finance, marketing, operations, …

The Green Rush, Alexis N. Stein

Honors Theses

Hemp, Cannabis, Weed, Marijuana, Pot, Bud, Reefer, Grass…the nicknames go on and on, but how did a plant that was once widely accepted become a Schedule I substance according to the United States Federal Government? In order to fully understand this question, we must first look at the history of hemp from its origins in 8,000 BCE to present day. This information will allow us to better understand the history of cannabis and how it has shaped the landscape for the growing cannabis industry today.

Ethical Dilemmas Surrounding Manufacturing Offshoring: Assessing The Morality Of Offshoring Decisions Through A Utilitarian Viewpoint, Luis Encinas

Honors Scholar Theses

The purpose of this paper to assess the ethical dilemmas that exist when American companies offshore manufacturing work to cheaper labor markets abroad through a utilitarian perspective. The paper will explain what offshoring is and what has driven American companies into engaging in this practice. Next, the criteria for the utilitarian assessment will be explained. After, I will examine the effects on the U.S labor force, U.S economy, and the foreign labor force through two case studies: the Bangladeshi apparel industry and the Mexican maquiladoras industry. Finally, the paper will offer some suggestions for making this practice more ethical in …

Not Just Yet: Despite Grinding It Out In Silicon Valley, Asians Are Least Likely To Lead Big Tech Companies, Karishma Vanjani

Capstones

Silicon Valley has long been known for the paucity of African-Americans and Hispanics in its ranks, but equally telling is the fact that the vast majority of Asians hired for non-managerial jobs are not moving up to management. The lack of diversity in the upper echelons of the companies is due in part to the maddening stereotype that Asians are too passive. White managers mentoring and supervising Asian employees face a wide gap in understanding cultural disparities. For the companies, though, tightening immigration policies can become barriers when they consider promoting Asians in the country on work visas.

https://karishmavanjani.com/writing/not-just-yet-despite-grinding-it-out-in-silicon-valley-asians-are-least-likely-to-lead-big-tech-companies/?_thumbnail_id=610

Corporate Social Responsibility Versus Shareholder Value Maximization: Through The Lens Of Hard And Soft Law, Min Yan

Northwestern Journal of International Law & Business

Even with a significant increase in the number of firms around the world engaging in corporate social responsibility (“CSR”), many people still perceive CSR as a voluntary commitment and shareholder value maximization (“SVM”) as a mandatory requirement. This paper borrows the concept of hard law and soft law in terms of coerciveness and overturns the stereotype that SVM is a hard-law constraint and CSR a soft-law constraint. The paper first demonstrates that directors of the board are not obliged to maximize shareholder value even in the Anglo-American jurisdictions where shareholder primacy culture is more dominant. Next, the paper critically discusses …