Digital Commons Network^™

"Flaw-Backs:" Executive Compensation Clawbacks And Their Costly Flaw, Connor Douglas Maag

The Journal of Business, Entrepreneurship & the Law

Saving money should not be expensive. Compensation “clawbacks” are a legal mechanism for companies to reclaim employee compensation, but the legislative framework is complex and disorganized. There are four primary federal claw-back provisions: Sarbanes-Oxley § 304, Dodd-Frank § 954, 12 U.S.C.A. § 5221(TARP), and Dodd-Frank § 956—as well as voluntary contractual clawback policies. This comment untangles the web of clawback legislation by overlaying each clawback mechanism to extract a single, clear, and concise description of executive compensation clawbacks, called the “Comprehensive Clawback Coverage.” The Comprehensive Clawback Coverage reveals a major flaw in the legal and regulatory framework: clawbacks increase agency …

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Reachable Set Computation And Analysis For Perturbed Linear Systems, Prabhjeet Singh Arora

Mechanical and Aerospace Engineering Theses

Determination of the set of all possible states, which a system can attain, plays an important role in safety for critical application. Prior knowledge of this set for the complete run-time provides critical information about how a system may evolve, providing accurate information of all the states, which could violate constraints. The knowledge of these states, helps in estimating control input, which can control the system, such that, these states are eliminated from the reachable set. Computation of reachable set of a dynamic system for a set of initial conditions can be easily performed, provided the analytical solution of the …

The Issue Of Compensation: Should Ncaa Athletes Be Compensated Above Their Scholarships, Justen Cook

Senior Honors Theses

There is an issue of National Collegiate Athletic Association (NCAA) student-athletes being exploited by their respective universities and a need for change in the way the student-athletes are being compensated for their efforts. The history of the NCAA has established the landscape of the organization today. The ways in which NCAA student-athletes are exploited can be investigated through a review of the history of the NCAA, court cases involving compensation of student-athletes, including the legal aspects of compensating the athletes, and a plan to potentially alleviate the turmoil that has taken place within the NCAA.

California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V

Public Land & Resources Law Review

The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.

Of Regulatory Takings And Other Myths, Charles L. Siemon

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Choosing The Precision Of Performance Metrics, Alan D. Crane, Andrew Koch, Chi Shen Wei

Research Collection Lee Kong Chian School Of Business

There is a standard trade-off in contracts between the provision of incentives and insurance. We hypothesize that this trade-off influences the precision with which firm performance is measured. We find that firm outcomes are measured less precisely when chance plays a large role in these outcomes. Further, this precision is determined through the choice of shares outstanding. This has several novel implications. Nominal stock prices can remain constant over time, and firms with unpredictable cash flows should have more shares and lower stock price levels, all else equal. We find evidence consistent with these implications.

Measuring Implementation Success Of Pay Structures And The Role Of Human Resources In Higher Education, Derek Spencer Smith

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to determine if a new salary structure initiative for university staff employees would reduce variance in pay. The initiative was purposed to identify and describe the appropriate components of a pay plan that could be established by an HR unit in higher education. The treatment was tested with a quasi-experimental design using a before/after approach with classified personnel at a Midwestern university. The treatment was the implementation of the new pay plan. The final tool created was named the Pay Structure

Initiative (PSI). The analysis showed that variance in pay was reduced after the …

Motor Compensation During Lower Limb Pedaling After Stroke, Brice Thomas Cleland

Dissertations (1934 -)

Long-term motor dysfunction in the lower limb is common after stroke. One potential contributor is motor compensation, a behavior in which functions originally performed by the paretic limb are performed by the non-paretic limb. Compensation in chronic stroke may contribute to long-term motor dysfunction by limiting functional ability, impairing future recovery, and eliciting maladaptive neuroplasticity. The purpose of this dissertation was to describe the impact of compensation on motor function and brain activation during lower limb pedaling and identify elements that produce this behavior. To achieve this purpose, we evaluated muscle activation and motor performance when compensation was prevented. During …

Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Medical malpractice is an area that traverses a wide range of issues in any society – the qualityand cost of healthcare, the insurance industry, the cost of litigation, the impact on medicalpractice and the heightened emotions arising from injuries or even loss of lives. Evidently, thequestion of compensation for medical malpractice impinges on each of these challenges. Likemany countries, Singapore has been grappling with these issues through implementing variousreforms in the legal and healthcare sectors. Although compensation has historically beenobtained through legal proceedings in the Singapore courts, there is a growing shift towardsadopting a much gentler touch to deal with …

Nonlinear Associations Between Working Hours And Overwork-Related Cerebrovascular And Cardiovascular Diseases (Ccvd), Ro-Ting Lin, Lung-Chang Chien, Ichiro Kawachi

Public Health Faculty Publications

Long working hours are recognized as a risk factor for cerebrovascular and cardiovascular diseases (CCVD). We investigated the relationship between working hours and different CCVD severity outcomes—death, disability, and illness—across industries in Taiwan from 2006 to 2016. We applied a generalized additive mixed model to estimate the association between working hours and the rate of each severity outcome, adjusted for salary, unemployment rate, time, and a random intercept. Industry-average working hours were significantly associated with each outcome level of overwork-related CCVD, especially when monthly working hours increased from 169 (relative risk [RR] = 1.46, 95% confidence interval [CI] 1.002–2.12) to …

When Does Less Equal More? Assessing The Mechanisms Driving Compensatory Mortality And The Hydra Effect, Joseph T. Neale

Theses and Dissertations

Many populations across taxa are regulated by negative density-dependence, wherein increased population sizes lead to decreased birth rates and/or increased mortality. By releasing such populations from some level of these density-dependent effects, extrinsic mortality can lead to counter-intuitive results, such as no change in population size (compensation), or an increase in population size (overcompensation). These results have been documented experimentally, but there currently exists a dearth of empirical studies exploring the mechanisms behind the phenomenon. We tested the relationship between extrinsic mortality level and (over)compensation in four mosquito species – Aedes aegypti, A. albopictus, A. triseriatus, and Culex pipiens – …

Massachusetts Has A Problem: The Unconstitutionality Of The Tax Deed, Ralph D. Clifford

University of Massachusetts Law Review

The predominant method for collecting delinquent real estate taxes in Massachusetts is the use of the “tax deed” as authorized by Chapter 60, Sections 53-54. Under the authorized procedures, each municipality’s tax collector can execute and record a deed that transfers fee simple title to the real estate to the municipality subject to the taxpayer’s statutorily created redemption right. If the redemption right is or cannot be exercised, all of the taxpayer’s rights in the property, as well as other’s rights created by encumbrances such as mortgages, are terminated by the foreclosure process provided for in the statute. Importantly, the …

Considerations On Direct Balancing Of Ultra-High Power Ac Arc Furnaces In Uneasy State, Ikenna Louis Ezeonwumelu

LSU Master's Theses

During the operation of ultra-high-power ac arc furnace the negative effects of unbalance mostly occur in the secondary terminals of the transformer connected to the load. Hence balancing and compensating the furnace at this terminal will not only improve the transformer efficiency but also reduce energy losses that do occur. In this thesis a computer modeling of a reference ac arc furnace in both balanced and unbalanced states were simulated, and the effects of a reactive balancing compensator installed on the secondary side of the furnace transformer was evaluated to see how much delivered energy improvement can be obtained. The …

Searching For Justice In Post-Apartheid South Africa: How Reparations Have The Potential To Move South Africa Towards A Better Future, Margaret J. Eisenhardt

VA Engage Journal

This personal reflection is a result of my experiences abroad in South Africa, particularly the areas of Cape Town, Johannesburg, and Bethulie. Prior to my trip overseas, I learned about the rainbow nation’s principles of unity, forgiveness, and friendship that South Africa values dearly. These notions of harmony were endearing to hear about, but they were quickly challenged as soon as I stepped foot on South African soil. Upon arriving in South Africa and having the chance to meet local people and see the relationships built between individuals there, it was hard to ignore the unrest still existing throughout the …

The Propensity To Split And Ceo Compensation, Erik Devos, William B. Elliott, Richard S. Warr

2018 Faculty Bibliography

We analyze the relation between the delta and vega of a chief executive officer’s (CEO) compensation and the propensity of the firm to engage in a split. Controlling for other well-known factors, we find that CEOs with compensation that has higher levels of delta are more likely to split their shares. Furthermore, the choice of split factor is inversely related to delta. Our results are economically significant: for the average (median) firm in our sample, a stock split results in a CEO wealth gain of $4.9 million ($84,000).

( عقود الرعاية في القوانين الرياضية في دولة الإمارات العربية المتحدة (دراسة تحليلية), عادل رضا يوسف عبد الرحمن المازمي

Private Law Theses

This study aims to identify the legal regime of sports sponsorship in the UAE, although there is no special law governing sponsorship in the UAE. This study is divided into two chapters. The first chapter is devoted to determining the legal nature of care contracts. The first section was devoted to research on the legal nature of care contracts and their distinction from other contracts. The second topic is devoted to research on the compatibility between care contracts and sports professional contracts competition.

The second chapter of the research is devoted to research on the legal considerations of care contracts …

مسؤولية الإدارة في التعويض عن القرارات الإدارية, شمسة مفتاح أحمد الناصري

Public Law Theses

As for the administrative body’s liability for an unlawful decisions, both the judiciary and the jurisprudence have unanimously accepted the principle of responsibility based on error, which requires the elements of responsibility, which are namely error, damage and causal relations between the two elements occurs jointly since the origin of accountability upon the administrative body compensation varies according to the defect reflected in the administrative decision since there is no accountability on the defects of formality, unless defect is effective, while in the cases of substantive defects, both termination of decisions and compensation are in order whatever the magnitude of …

Employment Law—Mandatory-Workplace Donning And Doffing—All In A Day's Work: A Review Of Gerber Products Company V. Hewitt, 2016 Ark. 222, 492 S.W.3d 856., Liz Harris

University of Arkansas at Little Rock Law Review

No abstract provided.

Punishment But Not A Penalty? Punitive Damages Are Impermissible Under Foreign Substantive Law, Paul A. Hoversten

Michigan Law Review

It is a well-established principle that no court applies the penal laws of another sovereign. But what exactly is a penal law? According to Judge Cardozo, a penal law effects “vindication of the public justice” rather than “reparation to one aggrieved.” Although courts have historically treated punitive damages as a purely civil remedy, that attitude has shifted over time. Modern American punitive damages serve not to compensate the plaintiff but to punish the defendant on behalf of the whole community. Therefore, when courts rely on foreign substantive law to impose punitive damages, they arguably violate the well-established principle that no …

Long-Term Executive Compensation As A Remedy For Corporate Short-Termism, Caroline Flammer

Seattle University Law Review

It is often argued that corporations are too focused on the short term (i.e., they are “short-termist”). For example, during the 2016 U.S. presidential campaign, candidate Hillary Clinton urged companies to escape the tyranny of short-termism. Similarly, in the recent policy debate in the United Kingdom on the need to reform corporate governance and executive compensation, Bank of England’s Chief Economist Andy Haldane stated that “[e]xecutive pay is a matter of profound and legitimate public interest. Pay practices can encourage short-term behaviour in ways which harm both firms and the economy.” In this context, a recent article by Flammer and …

Supplemental Readings And Practice Problems For "What Counts And What Gets Counted", Jeremiah Bentley

Accounting Educational Materials

“What Counts and What Gets Counted” (Bloomfield 2016)[1] is an innovative way of teaching managerial accounting. The 1^st edition of the book won the 2014 Jim Bulloch Award for Innovations in Management Accounting Education, and has only gotten better since then. However, the book suffers from two significant limitations. First, the book was intended primarily for MBA students, not for accounting undergrads. As a result, the book doesn’t go into sufficient depth on some of the technical topics that accounting majors need to understand. Second, the book lacks a bank of practice problems and solutions for students to …

The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg

Pace Intellectual Property, Sports & Entertainment Law Forum

In 2016, the Ultimate Fighting Championships (“UFC”) set the record for the largest sale in sports history. The UFC, the primary promotion company of the once fringe sport of mixed martial arts (“MMA”) had matured into a mammoth 4 billion dollar promotion, but not without some growing pains. The league is replete with controversy, mostly dealing with disgruntled athletes over compensation. Athletes of the UFC feel that they are being financially exploited and they may be correct. The athletes are choosing different routes to remedy their pay disparities but they are misguided.

The first course of action chosen by the …

Incentive-Based Compensation Arrangements: An Examination Of The Wells Fargo Scandal And The Need For Reform In Financial Institutions, Ashley Triplett

University of Baltimore Law Review

No abstract provided.

Employee Retention Using Nonfinancial Means: Addressing Human Resource Challenges For Nonprofits., Jessie Munn

School of Professional and Continuing Studies Nonprofit Studies Capstone Projects

Employee retention can be problematic for any organization but when that organization is a nonprofit that needs to keep costs to a minimum, it can be even more of a challenge. The nonprofit sector is a diverse one made up of a wide range of very different kinds of organizations from foundations to trade associations, from cultural and arts institutions, to healthcare and social service providers. Many of these organizations have vast assets while others provide services that are not highly rewarded or funded. Often nonprofits count on their mission to attract and retain employees however, demands for more accountability …

Where To From Here For The Catholic Church- Recommendations 94 And 95 Of The Redress And Civil Litigation Report, Jane Power

The University of Notre Dame Australia Law Review

The Royal Commission into Institutional Responses to Child Sexual Abuse handed down its Final Report in December 2017. In 2015 it presented its interim Redress and Civil Litigation Report which contained final recommendations in relation to reform in civil litigation. Recommendations 94 and 95 of the Redress and Civil Litigation Report both directly and indirectly address the lack of legal entity for the Catholic Church in Australia and the problems this causes litigants seeking legal recompense. This paper considers the current legal status of the Catholic Church in Australia in light of the Recommendations.

An Investigation Of Brain Normalization And Lesion Compensation Techniques Applied To Stroke, Taylor Hanayik

Theses and Dissertations

One of the most ubiquitous steps in neuroimaging is the normalization of brain images. The process of normalization attempts to match any given brain to a standardized template image (e.g. the MNI 152 image). However, clinical images such as those from stroke participants present many challenges when we attempt to warp them to the space of template images, which are typically representative of neurologically healthy individuals. Many software packages exist to facilitate normalization of brain images, but most have limited options available to compensate for brain injury, which is often disruptive to these algorithms. Of the injury compensation methods that …

Livestock Depredation By Bengal Tigers At Fringe Areas Of Kaziranga Tiger Reserve, Assam, India: Implications For Large Carnivore Conservation, Jimmy Borah, Pranab Jyoti Bora, Amit Sharma, Soumen Dey, Anupam Sarmah, Niranjan Kumar Vasu, Nadisha Sidhu

Human–Wildlife Interactions

Bengal tigers (Panthera tigris) have cohabited with humans in India for centuries. However, with increasing human populations, human-tiger conflicts (HTC) have increased. Impacts of such conflicts are loss of human life, livestock depredations and retaliatory killings of tigers. Considering that Bengal tiger populations are in decline throughout their range, accurate information regarding the magnitude of the impacts of HTC is needed for tiger conservation. We analysed livestock depredation data collected over three years (April 2008 through March 2011) from villages near the Kaziranga Tiger Reserve (KTR) to determine impacts of HTC. During the study period, we documented 518 …

User Damages And The Limits Of Compensatory Reasoning, Alvin W. L. See

Research Collection Yong Pung How School Of Law

The use of the term “user damages” in reference to compensatory damages is particularly problematic because it tends to overgeneralise the cases and conceal the importance of identifying the relevant loss in each case, which has implications on issues of proof, quantification and mitigation. This has contributed to the persistent neglect to squarely address issues of loss, which has in turn led to both over- and underestimation of the limits of compensatory damages. Once we look past the broad label, it becomes obvious that the cases purportedly unified by a common measure of loss tend to vary widely in facts …

Two Essays On Ceo Compensation And Investment Behavior, Jonathan Thomas Fluharty-Jaidee

Graduate Theses, Dissertations, and Problem Reports

No abstract provided.