Business Law, Public Responsibility, and Ethics Commons^™

Sabbath: The Theological Roots Of Sustainable Development, Michael E. Cafferky

Faculty Works

It is the thesis of this paper that, in general, the points of emphasis by the UN Commission on Sustainable Development are in close, but not perfect, alignment with the concept of Sabbath-shalom in Scripture. Some differences also exist. Sabbath begins at Creation and is the substance and symbol of God’s care for this earth. In Sabbath we rest in God’s sustaining power. Sabbath also is integral to covenant relationships. This means that Sabbath is not merely about care for the environment but also about care for all relationships envisioned by the concept of shalom. Both the creation roots and …

Private Politics—The Business Conscience, Ken Minnick

Graduate Annual

On the surface, private politics could be considered a legal form of extortion. The social pressures exerted on businesses could be seen as unethical. When examined further, private politics and the related social pressure utilized to facilitate positive change for the larger good is not only ethical, but required. When viewed in this way, private politics can function as a conscience for businesses. To support this argument, this paper will examine extortion, the challenges businesses face addressing the needs of stakeholders, and an ethical analysis of the tactics used in private politics.

Corporate Law Doctrine And The Legacy Of American Legal Realism, Edward B. Rock

All Faculty Scholarship

In this contribution to a symposium on "Legal Realism and Legal Doctrine," I examine the role that jurisprudence plays in corporate law doctrine. Through an examination of paired cases from the United States and United Kingdom, I offer a case study of the contrasting influence on corporate law judging of American Legal Realism versus traditional U.K. Doctrinalism.

Specialist judges in both systems, aided by specialist lawyers, clearly identify and understand the core policy issues involved in a dispute and arrive at sensible results. Adjusting for differences in background law and institutions, it seems likely that the disputes would ultimately be …

Managing For Resilience: Lessons From Ecology, Nancy E. Landrum, Ray Dybzinski, Amina Smajlovic, Brian M. Ohsowski

School of Environmental Sustainability: Faculty Publications and Other Works

Understanding and developing resilience is becoming increasingly important in business for both leaders and organizations. Resilient organizations can successfully navigate uncertainty and change. Resilience, however, is a poorly understood attribute. We thus turn to ecosystem resilience theory to understand the concept of resilience. We identify four lessons that can be adapted from management for ecological resilience to management for business resilience: 1) resilience can be positive or negative depending on the nature of the function it supports, 2) diversity of individuals, departments, flows of information, perspective, and other attributes contributes to resilience, 3) because we have imperfect knowledge about the …

Case Study: Sexism In Advertising And Airlines, Tamilla Curtis, Anke Arnaud Ph.D., Blaise Waguespack

Publications

This case study outlines an ethical dilemma faced by a young female student who is planning to buy airline tickets. Her purchase decision is influenced by cost and advertising strategies. The case discusses advertising ethics, ethical moral philosophies, including teleology and deontology, and sexist advertising with examples from the airline industry. This case will be beneficial for marketing students to discuss the topic of advertising ethics, and for business students to discuss the topic of organizational ethics. Students enrolling in aviation related classes will also benefit from this case. The teaching notes for instructors are available upon request.

From Legally Confidential To Financially Confident: Resolving The Tension Between Lawyers And Auditors Over Contingent Liability Disclosure, Samantha Nicole Kunz

CMC Senior Theses

Auditors review documented financial figures to test for their accuracy and materiality. Lawyers analyze evidential facts and records to build sound legal arguments. These parties work toward a mutual purpose: to present their clients as legitimate and compliant businesses. But what happens when the concrete facts upon which lawyers and auditors base their work are obscured by their inability to see into the future? In other words, how can these professions conjunctively handle potential future obligations brought about by contingent liabilities?

This study will attempt to resolve the tensions that emerge between lawyers and auditors when tasked with estimating the …

A Promise Is A Promise: The Ethical Implications For Ceo’S Acting Socially Responsible Within A Corporation, Alexandra Sonett

CMC Senior Theses

The prevalence of corporate social responsibility has been continually increasing over recent years. The debate of whether a business should act in a manner that furthers societal needs or if they should simply focus their efforts on maximizing shareholder value is of popular interest since it affects the fundamental structures of how a business will operate. One of the major influencing theories in favor of social responsibility is the stakeholder theory. The opposing viewpoint is the shareholder theory, which highlights that the sole responsibility for a corporation is to act in a way that maximizes profits. This thesis will outline …

Form Vs. Function In Rule 10b-5 Class Actions, Amanda M. Rose

Vanderbilt Law School Faculty Publications

The Supreme Court’s widely anticipated decision last term in Halliburton Co. v. Erica P. John Fund, Inc. did little to change the fundamental landscape of securities fraud litigation in the United States. Rule 10b-5 class actions premised on the “fraud-on-the-market” presumption of reliance may still be brought, although it is now clear that defendants may present evidence of lack of price distortion to rebut that presumption at the class certification stage. Halliburton does, however, raise a variety of new questions that will keep plaintiffs’ lawyers and defense counsel fighting for years to come. Determining the answers to these questions will …

Three Essays On Remittances, Institutions, And Economic Development, Durga Gautam

Graduate Theses, Dissertations, and Problem Reports

Does the inflow of remittances affect the quality of institutions in the recipient countries? This question is important because economists have stressed that good economic institutions, particularly those in the public sector, are instrumental for economic development and growth. The literature on remittances, however, does not document a thorough analysis and compelling evidence of the relationship between these private financial transfers and institutional quality. Unlike other kinds of international capital flows, remittances inflows are not mediated by the government of recipient countries. Remittances are not taxed directly and so are not a source of revenue for the government. Then a …

Corporate Social Performance, Analyst Stock Recommendations, And Firm Future Returns, Xueming Luo, Heli Wang, Sascha Raithel, Qinqin Zheng

Research Collection Lee Kong Chian School Of Business

This study posits that security analysts heed corporate social performance information and factor it into their recommendations to general investors. In particular, as corporate social performance is often uncertain and ambiguous to general investors, analysts may serve as the informational pathway connecting corporate social performance to firm stock returns. Thus, we argue that analyst recommendations mediate the relationship between corporate social performance and firm stock returns. On the basis of not only a qualitative study with literature searches and interviews of stock analysts but also a quantitative study with two longitudinal samples of large firms, we find support for these …

Relationships Of Trust And Confidence In The Workplace, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Socially And Biblically Responsible Investing, Adam Stalcup

Senior Honors Theses

The practice of socially responsible investing (SRI) has grown over the last century. A variation of this practice known as biblically responsible investing (BRI) has accompanied part of this growth. The introduction of non-financial criteria into the investment process has the potential to put an advisor’s counsel in opposition to the primary goal of investing, namely, to gain a return on one’s investment (William, 2009). This paper contains an overview of socially and biblically responsible investing, and a discussion concerning the scriptural and ethical ramifications of advising clients to invest in BRI.

Implicaciones De La Ética Profesional En La Responsabilidad Social Empresarial De La Dian Y De Interbolsa En Colombia, Jonathan Javier Ortiz Morales, Mayra Alejandra Coronado Romero

Administración de Empresas

Este artículo se realiza con la intención de identificar las implicaciones de la ética profesional aplicada en la responsabilidad social empresarial tomando como eje principal los desfalcos de la Dirección Nacional de Impuestos y Aduanas Nacionales (DIAN) en 2011 y de InterBolsa en 2012 en Colombia, cuyo Objetivo es realizar un estudio descriptivo, debido a que al tomar diferentes puntos de vista y analizarlos se dan respuestas al planteamiento del que trata el presente artículo. Es importante resaltar la relación existente entre los hechos y el término ética profesional debido a que es uno de los códigos de conducta que …

The (Il)Legitimacy Of Bankruptcies For The Benefit Of Secured Creditors, Charles W. Mooney Jr.

All Faculty Scholarship

This paper explores the legitimacy—or illegitimacy—of filing and maintaining a case under the Bankruptcy Code when the sole or principal beneficiary or beneficiaries of the case would be a secured creditor or secured creditors. In the situation posited here, the application of the usual distributional priority rules would not produce any distribution for the general, unsecured creditors of the debtor. In the prototypical case virtually all of the assets of the debtor would be subject to secured claims securing obligations that exceed the value of the collateral, i.e., the secured creditor would be undersecured and there would be no equity …

Communicating Corporate Social Responsibility In Singapore: Towards More Effective Media Relations, A. Pang, Angela Ka Ying Mak, Joanne M. H. Lee

Research Collection Lee Kong Chian School Of Business

Organizations face several impediments when it comes to communicating their corporate social responsibility (CSR) engagement to the public via the media. This paper examines practitioners’ and journalists’ perception of CSR communication using the agenda-building model (Qiu Q, Cameron GT, Communicating health disparities: building a supportive media agenda. VDM Verlag, Saarbruecken, 2008) by examining news coverage of how practitioners and journalists understand CSR, what types of CSR stories get covered in the media, and how are CSR stories portrayed in the media. News coverage of Singapore’s mainstream publications, The Straits Times, The Business Times, and The New Paper, were analyzed. The …

Pagtugon Sa Sari-Saring Panganib: Mga Aral Mula Sa Mga Krisis Pananalapi, Tereso S. Tullao Jr

Angelo King Institute for Economic and Business Studies (AKI)

Nitong nakaraang dalawang dekada, nakaranas ang mga ekonomiya sa iba’t ibang bahagi ng mundo ng tatlong matitinding krisis pananalapi. Ang mga ito ay nagdulot ng malalawak na pinsala sa mga mamamayan, pamahalaan at mahahalagang sektor ng ekonomiya lalo na sa sektor ng pananalapi.

Ang pagkalat ng krisis pananalapi tungo sa isang malawakang krisis ekonomiko ay nakasalalay sa sektor ng pananalapi lalo na ang pagbabangko. Makikita na maraming sa mga sanhi ng krisis ay nakaugat sa di maingat ng pagbabangko. May mga pagkakataon din na ang krisis ay hindi nagmumula sa mga bangko. Ngunit dahil ang mga bangko ay pangunahing sektor …

An Action Plan For Implementing Responsible Management Education In Business Schools In The Uk And Ireland, Maeve O'Connell, Lorraine Sweeney

Other resources

Recent corporate scandals have resulted in criticism of business schools for graduating students who put too much emphasis on shareholder value and profit maximisation but neglect the broader social and environmental context in which businesses operate. The Principles for Responsible Management (PRME) are a set of voluntary standards developed in 2007 under the coordination of the UN Global Compact, to address weaknesses in ethical education. This paper reviews the context of the PRME principles and UK and Irish school signatories’ approaches to implementation through a review of their reports to PRME to outline the range of options available to a …

Designing An Effective Information Security Policy For Exceptional Situations In An Organization: An Experimental Study, George S. Antoniou

CCE Theses and Dissertations

An increasing number of researchers are recognizing the importance of the role played by employees in maintaining the effectiveness of an information security policy. Currently, little research exists to validate the relationship between the actions (behaviors) taken by employees in response to exceptional situations (antecedents) regarding an organization’s information security policy, the impact (consequences) those actions have on an organization, and the motives that prompt those actions. When these exceptional situations occur, employees may feel compelled to engage in behaviors that violate the terms of an information security policy because strict compliance with the policy could cause the organization to …

Virtue Ethics: Examining Influences On The Ethical Commitment Of Information System Workers In Trusted Positions, John Max Gray

CCE Theses and Dissertations

Despite an abundance of research on the problem of insider threats, only limited success has been achieved in preventing trusted insiders from committing security violations. Virtue ethics may be an approach that can be utilized to address this issue. Human factors such as moral considerations impact Information System (IS) design, use, and security; consequently they affect the security posture and culture of an organization. Virtue ethics based concepts have the potential to influence and align the moral values and behavior of information systems workers with those of an organization in order to provide increased protection of IS assets. An individual’s …

Federal Securities Fraud Litigation As A Lawmaking Partnership, Jill E. Fisch

All Faculty Scholarship

In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The Court reasoned that adherence to Basic was warranted by principles of stare decisis that operate with “special force” in the context of statutory interpretation. This Article offers an alternative justification for adhering to Basic—the collaboration between the Court and Congress that has led to the development of the private class action for federal securities fraud. The Article characterizes this collaboration as a lawmaking partnership and argues that such a partnership offers distinctive lawmaking advantages. …