Business Commons^™

Corporate Claims Against Directors Or Officers Following The Company’S Unlawful Conduct, Wai Yee Wan

Research Collection Yong Pung How School Of Law

When a company enters into a transaction or undertakes an action that turns out to be either illegal or otherwise exposes the company to substantial fines or other pecuniary sanctions, the question arises as to whether the company may then recover its fines, expenses and other losses from its directors and employees, in the absence of the relevant legislation specifically providing for, or denying a claim by, the company. In these cases, the board may have made a specific decision to cause the company to enter into the unlawful conduct or may have failed to prevent the improper conduct from …

William C. Lankford Jr. Order On Petitioner Bennett L. Knight's Motion For Judgment On The Pleadings, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

The Angel-Halo Effect: How Increases In Corporate Social Responsibility And Irresponsibility Relate To Firm Performance, Kent Walker Dr., Zhou Zhang, Bing Yu

Odette School of Business Publications

Purpose – To examine how increases in corporate social responsibility (CSR) and corporate social irresponsibility (CSiR) relate to firm performance. Further, we investigate how increases in CSR (CSiR) while CSiR (CSR) is present relate to three measures of firm performance: profitability, management efficiency, and market valuation.

Design/methodology/approach - Using over 10,000 observations from 2009-2013 and combined data from Sustainalytics and Compustat we examine how increases in either CSR or CSiR relate to firm performance.

Findings - We find that increased CSR significantly relates to increased firm performance in all three measures, and that increased CSiR significantly relates to decreased …

The Angel-Halo Effect: How Increases In Corporate Social Responsibility And Irresponsibility Relate To Firm Performance, Kent Walker Dr., Zhou Zhang, Bing Yu

Odette School of Business Publications

Purpose – To examine how increases in corporate social responsibility (CSR) and corporate social irresponsibility (CSiR) relate to firm performance. Further, we investigate how increases in CSR (CSiR) while CSiR (CSR) is present relate to three measures of firm performance: profitability, management efficiency, and market valuation.

Design/methodology/approach - Using over 10,000 observations from 2009-2013 and combined data from Sustainalytics and Compustat we examine how increases in either CSR or CSiR relate to firm performance.

Findings - We find that increased CSR significantly relates to increased firm performance in all three measures, and that increased CSiR significantly relates to decreased …

Perceptions Of Cause-Related Marketing Tactics, Robert Bernier

White Papers

Study of small business owners in Nebraska reveals reluctance to make judgements about tactics intended to manipulate customers and more certainty about genuine charitable actions.

The Manner In Which Corporate Law And Financial Regulations Are Made, Supawich Sirikanchana, Sharareh Zand

Comparative Corporate Governance and Financial Regulation

No abstract provided.

Notable Governance Failures: Enron, Siemens And Beyond, Michael Primbs, Clara Wang

Comparative Corporate Governance and Financial Regulation

No abstract provided.

The Role Of Private Litigation, Benedict Heil, Benjamin Lee

Comparative Corporate Governance and Financial Regulation

No abstract provided.

Gender Diversity On Corporate Boards: The Competing Perspectives In The U.S. And The Eu, Tyler Winters, Madhuri Jacobs-Sharma

Comparative Corporate Governance and Financial Regulation

No abstract provided.

2016 Tacoma Eats - Minimum Wage, Joe Lawless

MICCSR Case Studies

No abstract provided.

2016 Csr Planning At Pemco Insurance, Joe Lawless

MICCSR Case Studies

No abstract provided.

Love And Hate In University Technology Transfer: Examining Faculty And Staff Conflicts And Ethical Issues, Clovia Hamilton

Winthrop Faculty and Staff Publications

With respect to university technology transfer, the purpose of this paper is to examine the literature focused on the relationship between university research faculty and technology transfer office staff. We attempt to provide greater understanding of how research faculty’s personal values and research universities’ organization values may differ and why. Faculty researchers and tech transfer office (TTO) staff are perceived to be virtuous agents. When both are meeting each other’s needs, a “love” relationship exists. However, when these needs are not met, a “hate” relationship exists that is replete with doubt and uncertainty. This doubt and uncertainty creates tension and …

A Reflective Hybrid Approach To Connecting Leadership Style And Stakeholder Perspective, Huw Jones, Keith O. Hunter

Organization, Leadership, and Communication

Using quantitative analysis and reflection techniques, we examine employee perception of leadership style and perceived results within organizations based in Whistler, Canada. We are primarily concerned with results in terms of organizational culture towards 3 key stakeholder groups, customers, community, and employees. The observed differences in results between transformational and transactional leadership provide a basis for enriching the mapping of leadership style to desired outcomes.

Social Media: Creating Student Awareness Of Its Use In The Hiring Process, Justin Blount, Carol S. Wright, Ashley A. Hall, Judith L. Biss

Faculty Publications

As the use of social media permeates our lives, it is important for business educators to promote the effective use of this technology to students for both their role as job seekers as well as potential hiring managers. This article will present current perceptions among business students on using social media in the job search process, primary research from recruiters in an attempt to understand employers’ policies and practices with respect to the use of social media in the hiring process, key laws which students should be aware of with respect to the use of social media by employers, and …

The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella

Scholarly Articles

Global governance has not yet caught up with the globalization of business. As a result, our headlines provide daily accounts of the extent and consequences of these "governance gaps." The ability of corporations to evade state control also contributes to an unusual, even frightening, phenomenon: corporations are governing like states. Some governance functions traditionally delivered by state actors are now increasingly undertaken by transnational corporations. One area that is experiencing this substitution is dispute resolution of human rights. Corporations and other business enterprises, individually or collectively, are creating a variety of grievance mechanisms to address human rights and other conflicts …

The Volkswagen Scandal, Britt Blackwelder, Katerine Coleman, Sara Colunga-Santoyo, Jeffrey S. Harrison, Danielle Wozniak

Robins Case Network

Volkswagen is one of the largest automobile manufacturers in the world. For years the company has focused on producing attractive and environmentally friendly automobiles, and recent initiatives have included a project to reduce CO² production, along with advertisements claiming lower emission of greenhouse gases. The world was shocked to hear that Volkswagen had been producing diesel engines for its cars that were able to trick emissions testing equipment. The engines were producing many times the EPA standards for emissions, yet they passed emission tests. This case provides detailed information about the scandal as well as information about the history, …

Promoting And Supporting Effective Organizational Governance, Sridhar Ramamoorti, Alan N. Siegfried

Accounting Faculty Publications

Internal audit’s role in organizational governance has become increasingly important in the wake of the recent global financial crisis and the continuing spate of governance failures in both financial and public sectors throughout the world. Informed observers and commentators have asked initially, “Where were the external auditors?” then “Where was the audit committee?” and finally, “Where was internal audit in all this?” This report draws on survey responses from internal auditors in 166 countries to take stock of the current role of internal audit in the governance process and learn how internal audit can better position itself to contribute to …

Editor’S Perspective: Saturating Minds And Hearts With Scripture, Michael E. Cafferky

Faculty Works

This article summarizes the contribution that the Journal of Biblical Integration in Business makes to Christian business scholarship. It explores the idea of faith integration in business.

Raj Rajaratnam: Cheater (Revised), Alicia Baker

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.

Modern-Day Monitorships, Veronica Root

Faculty Scholarship

When a sexual abuse scandal rocked Penn State, when Apple was found to have engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a "Modern-Day Monitorship”. Modern-day monitorships are utilized in an array of contexts to assist in widely varying re­mediation efforts. This is because they provide outsiders with a unique source of information about the efficacy of the tarnished organization's efforts to resolve misconduct. Yet, despite their use in high profile and serious matters of organi­zational wrongdoing, they are not an outgrowth of careful study …

An Hsus Report: Welfare Issues With The Use Of Hormones And Antibiotics In Animal Agriculture, The Humane Society Of The United States

Agribusiness Collection

No abstract provided.

Corporate Social Responsibility/Sustainability Reporting Among The Fortune Global 250: Greenwashing Or Green Supply Chain?, John K. Lewis

Faculty and Staff - Articles & Papers

The sustainability reporting efforts of MNCs who are members of the Fortune Global 250 (FG250) was investigated. The focus was on sustainability reporting by MNCs of supply chain impacts. The reporting of FG250 MNCs was examined to determine if greenwashing was occurring or whether MNCs had committed to operating a green supply chain. A mixed methodology was used consisting of quantitative analysis of twenty-five MNC CSR/sustainability reports which were randomly selected from the FG250 listing. Qualitative analysis using content analysis was also conducted on the reports. Both methodologies concentrated on the sustainability reporting of the selected MNCs in regard to …

Keynote Address, Regulating Corporate Governance In The Public Interest: The Case Of Systemic Risk, Steven L. Schwarcz

Faculty Scholarship

There’s long been a debate whether corporate governance law should require some duty to the public. The accepted wisdom is not to require such a duty—that corporate profit maximization provides jobs and other public benefits that exceed any harm. This is especially true, the argument goes, because imposing specific regulatory requirements and making certain actions illegal or tortious can mitigate the harm without unduly impairing corporate wealth production. Whether that is true in other contexts, this paper—delivered as the keynote address at the June 2016 National Business Law Scholars Conference at The University of Chicago Law School—questions if it’s true …

Lurkers, Creepers, And Virtuous Interactivity: From Property Rights To Consent To Care As A Conceptual Basis For Privacy Concerns And Information Ethics, D. E. Wittkower

Philosophy Faculty Publications

Exchange of personal information online is usually conceptualized according to an economic model that treats personal information as data owned by the persons these data are ‘about.’ This leads to a distinct set of concerns having to do with data ownership, data mining, profits, and exploitation, which do not closely correspond to the concerns about privacy that people actually have. A post-phenomenological perspective, oriented by feminist ethics of care, urges us to figure out how privacy concerns arrive in fundamentally human contexts and to speak to that, rather than trying to convince people to care about privacy as it is …

Optimizing Government For An Optimizing Economy, Cary Coglianese

All Faculty Scholarship

Much entrepreneurial growth in the United States today emanates from technological advances that optimize through contextualization. Innovations as varied as Airbnb and Uber, fintech firms and precision medicine, are transforming major sectors in the economy by customizing goods and services as well as refining matches between available resources and interested buyers. The technological advances that make up the optimizing economy create new challenges for government oversight of the economy. Traditionally, government has overseen economic activity through general regulations that aim to treat all individuals equally; however, in the optimizing economy, business is moving in the direction of greater individualization, not …

Motivating Without Mandates: The Role Of Voluntary Programs In Environmental Governance, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

For the last several decades, governments around the world have tried to use so-called voluntary programs to motivate private firms to act proactively to protect the environment. Unlike conventional environmental regulation, voluntary programs offer businesses flexibility to adopt cost-effective measures to reduce environmental impacts. Rather than prodding firms to act through threats of enforcement, they aim to entice firms to move forward by offering various kinds of positive incentives, ranging from public recognition to limited forms of regulatory relief. Despite the theoretical appeal of voluntary programs, their proper role in government’s environmental toolkit depends on the empirical evidence of how …

The New Governance And The Challenge Of Litigation Bylaws, Jill E. Fisch

All Faculty Scholarship

Corporate governance mechanisms designed to ensure that managers act in shareholders’ interest have evolved dramatically over the past forty years. “Old governance” mechanisms such as independent directors and performance-based executive compensation have been supplemented by innovations that give shareholders greater input into both the selection of directors and ongoing operational decisions. Issuer boards have responded with tools to limit the exercise of shareholder power both procedurally and substantively. This article terms the adoption and use of these tools, which generally take the form of structural provisions in the corporate charter or bylaws, the “new governance.”

Delaware law has largely taken …

Copyright And Good Faith Purchasers, Shyamkrishna Balganesh

All Faculty Scholarship

Good faith purchasers for value — individuals who unknowingly and in good faith purchase property from a seller whose own actions in obtaining the property are of questionable legality — have long obtained special protection under the common law. Despite the seller’s own actions being tainted, such purchasers obtain valid title themselves and are allowed to freely alienate the property without any restriction. Modern copyright law, however, does just the opposite. Individuals who unknowingly and in good faith purchase property embodying an unauthorized copy of a protected work are altogether precluded from subsequently alienating such property, or risk running afoul …

Of Property And Information, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

The property-information interface is perhaps the most crucial and under-theorized dimension of property law. Information about property can make or break property rights. Information about assets and property rights can dramatically enhance the value of ownership. Conversely, dearth of information can significantly reduce the benefit associated with ownership. It is surprising, therefore, that contemporary property theorists do not engage in sustained analysis of the property-information interface and in particular of registries — the repositories of information about property.

Once, things were different. In the past, discussions of registries used to be a core topic in property classes and a focal …

Family Ties: Salman And The Scope Of Insider Trading, Jill E. Fisch

All Faculty Scholarship

On October 5, 2016, the Supreme Court heard oral argument in Salman v. United States. Salman raises questions about the scope of insider trading liability for tippees under the personal benefit test previously articulated in Dirks v. SEC. Some critics have argued the Second Circuit’s decision last year in United States v. Newman demonstrates that the personal benefit test is unduly restrictive and should be reconsidered. Salman offers an opportunity for the Supreme Court to do so.

This essay argues that Salman does not require the Court to reexamine the parameters of insider trading liability. Instead, the Court can …