Business Law, Public Responsibility, and Ethics Commons^™

Law And Entrepreneurial Opportunities, D. Gordon Smith, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.

A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.

The Reverse Agency Problem In The Age Of Compliance, Asaf Eckstein, Gideon Parchomovsky

All Faculty Scholarship

The agency problem, the idea that corporate directors and officers are motivated to prioritize their self-interest over the interest of their corporation, has had long-lasting impact on corporate law theory and practice. In recent years, however, as federal agencies have stepped up enforcement efforts against corporations, a new problem that is the mirror image of the agency problem has surfaced—the reverse agency problem. The surge in criminal investigations against corporations, combined with the rising popularity of settlement mechanisms including Pretrial Diversion Agreements (PDAs), and corporate plea agreements, has led corporations to sacrifice directors and officers in order to reach settlements …

Equine Welfare As A Mainstream Phenomenon, Bernard E. Rollin

Bernard Rollin, PhD

The 20th century has witnessed a bewildering array of ethical revolutions, from civil rights to environmentalism to feminism. Often ignored is the rise of massive societal concern across the world regarding animal treatment. Regulation of animal research exists in virtually all Western countries, and reform of “factory farming” is regnant in Europe and rapidly emerging in the United States. In 2012, a series of articles in The New York Times focused welfare attention squarely on the horse industry. Opponents of concern for animals often dismiss the phenomenon as rooted in emotion and extremist lack of appreciation of how unrestricted animal …

Law School News: Remembering Rwu Laws Founding Dean 9-10-2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Management Of Cull Dairy Cows—Consensus Of An Expert Consultation In Canada, Jane Stojkov, G. Bowers, M. Draper, Todd Duffield, P. Duivenvoorden, M. Groleau, Deb Haupstein, R. Peters, Jane Pritchard, C. Radom, N. Sillett, W. Skippon, H. Trépanier, David Fraser

David Fraser, PhD

Many cull dairy cows enter the marketing system and travel to widely dispersed and specialized slaughter plants, and they may experience multiple handling events (e.g., loading, unloading, mixing), change of ownership among dealers, and feed and water deprivation during transport and at livestock markets. The objectives of this study were to describe the diverse management of cull dairy cows in Canada and establish consensus on ways to achieve improvements. A 2-day expert consultation meeting was convened, involving farmers, veterinarians, regulators, and experts in animal transport, livestock auction, and slaughter. The 15 participants, recruited from across Canada, discussed regional management practices …

Csr-Contingent Executive Compensation Contracts, Zhichuan Li

Business Publications

Firms have increasingly started tying their executives’ compensation to CSR-related objectives. In this paper, we attempt to understand why firms offer CSR-contingent compensation and the conditions under which such compensation improves corporate social performance. Using hand-collected data from proxy statements, we find that this emerging compensation practice varies significantly across industries and across different CSR categories. Further, well-governed firms are more likely to offer CSR-contingent compensation, and such compensation does lead to higher corporate social standing. Such firms are more likely to offer formula-based, Objective CSR-contingent compensation. However, our results suggest that non-formulaic, Subjective CSR-contingent compensation also helps improve companies’ …

State-Owned Enterprises As Bribe Payers: The Role Of Institutional Environment, Noman Shaheer, Jingtao Yi, Sali Li, Liang Chen

Research Collection Lee Kong Chian School Of Business

Our paper draws attention to a neglected channel of corruption—the bribe payments by state-owned enterprises (SOEs). This is an important phenomenon as bribe payments by SOEs fruitlessly waste national resources, compromising public welfare and national prosperity. Using a large dataset of 30,249 firms from 50 countries, we show that, in general, SOEs are less likely to pay bribes for achieving organizational objectives owing to their political connectivity. However, in deteriorated institutional environments, SOEs may be subjected to potential managerial rent-seeking behaviors, which disproportionately increase SOE bribe propensity relative to privately owned enterprises. Specifically, our findings highlight the importance of fostering …

Jpmorgan Chase London Whale H: Cross-Border Regulation, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

As a global financial service provider, JPMorgan Chase (JPM) is supervised by banking regulatory agencies in different countries. Bruno Iksil, the derivatives trader primarily responsible for the $6 billion trading loss in 2012, was based in JPM’s London office. This office was regulated both by the Office of the Comptroller of the Currency (OCC) of the United States (US) and by the Financial Services Authority (FSA), which served as the sole regulator of all financial services in the United Kingdom (UK). Banking regulators in the US and the UK have entered into agreements with one another to define basic parameters …

Jpmorgan Chase London Whale G: Hedging Versus Proprietary Trading, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

In December 2013, the primary United States financial regulatory agencies jointly adopted final rules to implement Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which is often referred to as the “Volcker Rule”. Section 619 prohibits banks from engaging in activities considered to be particularly risky, including proprietary trading and owning hedge funds or private equity funds. Banking regulators designed the final rule against proprietary trading in part to prevent losses like the $6 billion London Whale loss that took place in 2012 at JPMorgan Chase. Given the controversial nature of the Volcker Rule, it is …

Jpmorgan Chase London Whale F: Required Securities Disclosures, Arwin G. Zeissler, Giulio Girardi, Andrew Metrick

Journal of Financial Crises

On April 13, 2012, JPMorgan Chase (JPM) Chief Financial Officer Douglas Braunstein took part in a conference call to discuss the bank’s first quarter 2012 earnings. Coming just a week after media reports first questioned the risks taken by JPM derivatives trader Bruno Iksil, Braunstein made a series of assertions about the trades. On May 10, JPM finalized its first quarter financial results, which included some disclosures regarding Iksil’s trading that were substantially different from Braunstein’s statements of April 13. At issue is whether the regulatory filings on April 13 and May 10, as well as verbal comments by Braunstein …

Jpmorgan Chase London Whale E: Supervisory Oversight, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

As a diversified financial service provider and the largest United States bank holding company, JPMorgan Chase (JPM) is supervised by multiple regulatory agencies. JPM’s commercial bank subsidiaries hold a national charter and therefore are regulated by the Office of the Comptroller of the Currency (OCC). Since the bank’s Chief Investment Office (CIO) invested the surplus deposits of JPM’s commercial bank units, the OCC was also CIO’s primary regulator. During the critical period from late January through March 2012, when CIO traders undertook the failed derivatives strategy that ultimately cost the bank $6 billion, JPM did not provide the OCC with …

Jpmorgan Chase London Whale D: Risk-Management Practices, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

JPMorgan Chase (JPM) prided itself on having the best risk-management practices in the financial industry, having survived the 2007-09 financial crisis in better shape than many competitors. Chief Executive Officer Jamie Dimon often spoke of the bank’s “fortress balance sheet.” A keen focus on risk management is vital to JPM’s longevity, as is the case with all highly leveraged financial institutions. However, the JPM Task Force that investigated the $6 billion 2012 London Whale trading loss concluded that risk-management practices at the bank’s Chief Investment Office (CIO), the unit in which the loss occurred, were given less scrutiny by senior …

Tackling Undeclared Work In The European Union: Policy Report, Colin C. Williams

Colin C Williams

Impact Of Life-Cycle Costs Threshold Criteria In The Alternate Design Pavement Bidding Practices Of Public Transportation Agencies, Ilker Karaca, Douglas Gransberg, Ashley F. Buss

Ilker Karaca

This paper proposes a model that enables Department of Transportation (DOT) policy makers to quantify the expected volume of projects that will qualify for letting in their alternate design/alternate bid (ADAB) pavement bidding programs. Current guidance on alternate bidding recommends a fixed percentage as the life cycle cost (LCC) threshold criterion to determine whether pavement selection decisions should be made through ADAB bidding practices. The paper’s analysis shows that the fixed LCC threshold percentage approach may have considerable shortcomings. Instead, a dynamic threshold value is proposed that can subsequently be calibrated by agencies, based on the desired size of their …

Business Ethics: Perspectives On The Global Supply Chain, Andrea R. Irias

Open Educational Resources

This assignment was inspired by a group discussion by faculty who teach the First Year Seminar in Business (BTF101) during the 2018-19 Rebooting the FYS Seminar. BTF101 is a two-credit course that meets for a total of 3 hours. We were tasked with ways to improve course assignments aimed at strengthening students’ Global Learning Competency and Digital Communication Ability. The topic of sweatshops abroad is a proven way to introduce a Global Learning assignment with a business related topic. In order to deepen the students’ learning on the subject, the assignment tasks students with taking on the role of …

Phishing Websites Detection Using Machine Learning, Arun D. Kulkarni, Leonard L. Brown, Iii

Computer Science Faculty Publications and Presentations

Tremendous resources are spent by organizations guarding against and recovering from cybersecurity attacks by online hackers who gain access to sensitive and valuable user data. Many cyber infiltrations are accomplished through phishing attacks where users are tricked into interacting with web pages that appear to be legitimate. In order to successfully fool a human user, these pages are designed to look like legitimate ones. Since humans are so susceptible to being tricked, automated methods of differentiating between phishing websites and their authentic counterparts are needed as an extra line of defense. The aim of this research is to develop these …

Carrots And Sticks Of Whistleblowing: What Classification Trees Say About False Claims Act Lawsuits, Tammy Cowart, Kurt Schulzke, Sherry Jackson

Accounting, Finance & Business Law Faculty Publications and Presentations

Whistleblower lawsuits under the federal False Claims Act have markedly increased over the past decade. While the amount of individual settlements and judgments vary, over time the government has paid out an average of about 15% of its recoveries as awards to whistleblowers. This investigation used a classification tree algorithm to analyze a sample of recent False Claims Act qui tam settlements, identifying several factors that distinguish larger settlements from smaller ones. Notably, the public or private status of corporate defendants, the federal judicial circuit in which the case is settled, type of case, case duration, relator status, and whether …

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …

Using The Five Domains Model To Assess The Adverse Impacts Of Husbandry, Veterinary, And Equitation Interventions On Horse Welfare, Paul Mcgreevy, Jeannine Berger, Nic De Brauwere, Orla Doherty, Anna Harrison, Julie Fiedler, Claudia Jones, Sue Mcdonnell, Andrew Mclean, Lindsay Nakonechny, Christine Nichol, Liane Preshaw, Peter Thomson, Vicky Tzioumis, John Webster, Sarah Wolfensohn, James Yeates, Bidda Jones

Paul McGreevy, PhD

The aim of this study was to conduct a series of paper-based exercises in order to assess the negative (adverse) welfare impacts, if any, of common interventions on domestic horses across a

broad range of different contexts of equine care and training. An international panel (with professional expertise in psychology, equitation science, veterinary science, education, welfare, equestrian coaching, advocacy, and community engagement; n = 16) met over a four-day period to define and assess these interventions, using an adaptation of the domain-based assessment model. The interventions were considered within 14 contexts: C1Weaning; C2 Diet; C3 Housing; C4 Foundation training; C5 …