Open Access. Powered by Scholars. Published by Universities.®

Business Commons

Open Access. Powered by Scholars. Published by Universities.®

Business Law, Public Responsibility, and Ethics

Series

2021

Institution
Keyword
Publication

Articles 31 - 60 of 65

Full-Text Articles in Business

Uri And Its Students: A Contract For The Provision Of A Safe Environment, Danielle Joan Beatrice May 2021

Uri And Its Students: A Contract For The Provision Of A Safe Environment, Danielle Joan Beatrice

Senior Honors Projects

DANIELLE BEATRICE (English; Philosophy; Business) URI and Its Students: A Contract for the Provision of a Safe Environment

Sponsor: Judith Swift (Communication Studies, Coastal Institute)

When students begin to attend college, they expect to be consumed with busy schedules, heavy workloads, and an exciting social life. Students do not anticipate being in dangerous situations. However, this does not mean that such situations do not occur. Therefore, it is essential to teach students to be active participants in educating themselves and their peers regarding prevention and response to emergency situations. My Honors Project aims to increase the awareness of safety-related issues …


Good Deeds Done In Silence: Stakeholder Management And Quiet Giving By Chinese Firms, Heli Wang, Ming Jia, Zhe Zhang May 2021

Good Deeds Done In Silence: Stakeholder Management And Quiet Giving By Chinese Firms, Heli Wang, Ming Jia, Zhe Zhang

Research Collection Lee Kong Chian School Of Business

We propose a new mechanism explaining why companies may remain silent about their positive corporate behaviors, such as socially responsible activities. We examine such strategic silence in the context of corporate philanthropy. Building on and extending the literature on legitimacy and stakeholder management, we argue that when a firm mistreats primary stakeholders, it is more likely to keep quiet about its philanthropic acts to avoid backlash from stakeholders. We also propose that long-term orientation among stakeholders mitigates the positive relationship between mistreating primary stakeholders and quiet giving, which allows stakeholders to appreciate the long-term value of corporate philanthropy. Data from …


Arbor Day Foundation Programs: Analysis And Recommendations, Justin Myers, Emily Alston, Cameron Claborn, Charles Erker, Braelyn Isernhagen, Jonathan Jameson May 2021

Arbor Day Foundation Programs: Analysis And Recommendations, Justin Myers, Emily Alston, Cameron Claborn, Charles Erker, Braelyn Isernhagen, Jonathan Jameson

Honors Theses

We are proposing the enhancement of the current Tree City USA program to include a special recognition program for high-achieving communities. These “Golden Oak” tree cities will be recognized each year based on a variety of metrics detailed in a new and more comprehensive program application. Recommendations:

● Updated application to include more information about both quantitative and qualitative insights

● Special recognition program awarding “Golden Oak” status to communities in village, town, city, and metropolis categories based on either percentile or benchmarking system

● A cumulative “Golden Oak” award given to the State that achieves the highest percentage of …


The Importance Of Business Ethics As A Project Management Professional (Pmp®), James Burrows Apr 2021

The Importance Of Business Ethics As A Project Management Professional (Pmp®), James Burrows

Senior Honors Theses

The Project Management Professional (PMP®) certification is the most industry-recognized certification due to the rigorous requirements and credibility of the Project Management Institute (PMI), (Alexander, 2020). PMI requires members and certification holders to abide by the PMI Code of Ethics and Professional Conduct, which prioritizes four main value areas: responsibility, respect, fairness, and honesty (Project Management Institute, 2006). The following research and analysis aim to define each value area by connecting project management methodologies and ethical business dilemmas through each value area’s accompanying subsections.


Independent Study: Understanding The Pharmaceutical Industry, Julie Nelsen, J. Nelsen, Erika Wallace Apr 2021

Independent Study: Understanding The Pharmaceutical Industry, Julie Nelsen, J. Nelsen, Erika Wallace

Business Administration Faculty Scholarship

An undergraduate Healthcare Sales student wanted to understand the pharmaceutical (pharma) industry better to determine if the industry was a good fit. She approached her professor to gain support for an independent study to understand better the history and challenges of selling in the pharma industry. Once completed, the pair recognized this information's value and collaborated in editing the document to share these findings to provide this entry-level salesperson's guide to understanding the pharma industry. Six semi-structured interviews of pharma professionals showed three primary areas of knowledge and ethics required of the entry-level pharma industry salesperson. These suggestions are for …


The Issue Of Unemployment Among People With Disabilities, Angelina C. Pagano Apr 2021

The Issue Of Unemployment Among People With Disabilities, Angelina C. Pagano

English Department: Research for Change - Wicked Problems in Our World

The rate of unemployment for people with disabilities continues to rise greatly above that of people without disabilities. The issue seems to be exacerbated by employer biases and concerns which are not supported in the face of evidence. A lack of employer education on disability related subjects causes this misconception among both employers and the public as a whole. To resolve the underlying problem of miseducation, an increase in the self-identification of people with disabilities is necessary to provide researchers with data to assist in the formation of a revised curriculum.


Post-Scandal Organizational (Dis)Order: A Grounded-Theory Approach Shifting From Murphy’S Law To Safer Regulatory Environments, Jesus R. Jimenez-Andrade, Timothy J. Fogarty, Richard J. Boland Apr 2021

Post-Scandal Organizational (Dis)Order: A Grounded-Theory Approach Shifting From Murphy’S Law To Safer Regulatory Environments, Jesus R. Jimenez-Andrade, Timothy J. Fogarty, Richard J. Boland

Accounting Faculty Publications

The literature shows that, in the wake of negative media exposition, organizations’ self-regulation tends to be strengthened. We investigate such motivation from the perspective of the psychosocial consequences in executives’ and organizational self-confidence. A grounded-theory approach supports findings from 27 different events described by top-level executives from major publicly traded organizations. Their testimonies document that scandalous episodes, when they occur, leave a trauma footprint within the organizational and individual consciousness because of the perceived post-event humiliation, remorse, guilt, and fear. The paradigm of reliance and trust in the designed structures is severely altered. In turn, a climate of excessive self-regulation …


The “Value” Of A Public Benefit Corporation, Jill E. Fisch, Steven Davidoff Solomon Apr 2021

The “Value” Of A Public Benefit Corporation, Jill E. Fisch, Steven Davidoff Solomon

All Faculty Scholarship

We examine the “value” a PBC form provides for publicly-traded corporations. We analyze the structure of the PBC form and find that other than requiring a designated social purpose it does not differ significantly in siting control and direction with shareholders. We also examine the purpose statements in the charters of the most economically significant PBCs. We find that, independent of structural limitations on accountability, these purpose statements are, in most cases, too vague and aspirational to be legally significant, or even to serve as a reliable checks on PBC behavior. We theorize, and provide evidence, that without a legal …


Just Say Yes? The Fiduciary Duty Implications Of Directorial Acquiescence, Lisa Fairfax Mar 2021

Just Say Yes? The Fiduciary Duty Implications Of Directorial Acquiescence, Lisa Fairfax

All Faculty Scholarship

The rise in shareholder activism is one of the most significant recent phenomena in corporate governance. Shareholders have successfully managed to enhance their power within the corporation, and much of that success has resulted from corporate managers and directors voluntarily acceding to shareholder demands. Directors’ voluntary acquiescence to shareholder demands is quite simply remarkable. Remarkable because most of the changes reflect policies and practices that directors have vehemently opposed for decades, and because when opposing such changes directors stridently insisted that the changes were not in the corporation’s best interest. In light of that insistence, and numerous statements from directors …


Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, Oluwatomi O. Williams Feb 2021

Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, Oluwatomi O. Williams

All Faculty Scholarship

In view of the decline in gain sharing by corporations with American workers over the last forty years, advocates for American workers have expressed growing interest in allowing workers to elect representatives to corporate boards. Board level representation rights have gained appeal because they are a highly visible part of codetermination regimes that operate in several successful European economies, including Germany’s, in which workers have fared better.

But board-level representation is just one part of the comprehensive codetermination regulatory strategy as it is practiced abroad. Without a coherent supporting framework that includes representation from the ground up, as is provided …


A Capability-Based View Of Boards: A New Conceptual Framework For Board Governance, Patricia Klarner, Toru Yoshikawa, Michael Hiit Feb 2021

A Capability-Based View Of Boards: A New Conceptual Framework For Board Governance, Patricia Klarner, Toru Yoshikawa, Michael Hiit

Research Collection Lee Kong Chian School Of Business

A key role of board directors is to govern corporate strategy. Whereas prior research has provided insights into board roles and activities regarding board governance, the underlying capabilities required to govern effectively remain understudied. This article explores and explicates a capability-based view of board actions in which the specific capabilities that enable boards to govern strategic activities are identified. We specifically examine the conceptual foundations and different types of board capabilities, drawing on illustrative cases as well as information from interviews with board directors in the United States, Asia, and Europe. We then discuss several future research directions that can …


Appropriation Of Artisans' Intellectual Property In Fashion Design Accessories: Piracy Disguised As Giving Back?, Clovia Hamilton Jan 2021

Appropriation Of Artisans' Intellectual Property In Fashion Design Accessories: Piracy Disguised As Giving Back?, Clovia Hamilton

Technology & Society Faculty Publications

Creative industries are industries focused on the creation and exploitation of intellectual propert, including art, fashion design, and related creative services, such as advertisement and sales. During a trip to Burkina Faso in \Nest Africa, Keri Fosse was taught by an African woman how to wrap newborns with fabric in a manner that creates a strong bond and frees the mother's hands for other tasks. Burkina Faso has a craft culture and is known for its woven cotton and the textile art of Bogolan. Bogolan is a technique original to Mali and involves the tradition of dyeing threads with bright …


Developing A Measure Of Social, Ethical, And Legal Content For Intelligent Cognitive Assistants, Clovia Hamilton, William Swart, Gerald M. Stokes Jan 2021

Developing A Measure Of Social, Ethical, And Legal Content For Intelligent Cognitive Assistants, Clovia Hamilton, William Swart, Gerald M. Stokes

Technology & Society Faculty Publications

We address the issue of consumer privacy against the backdrop of the national priority of maintaining global leadership in artificial intelligence, the ongoing research in Artificial Cognitive Assistants, and the explosive growth in the development and application of Voice Activated Personal Assistants (VAPAs) such as Alexa and Siri, spurred on by the needs and opportunities arising out of the COVID-19 global pandemic. We first review the growth and associated legal issues of the of VAPAs in private homes, banks, healthcare, and education. We then summarize the policy guidelines for the development of VAPAs. Then, we classify these into five major …


State Securities Enforcement, Andrew K. Jennings Jan 2021

State Securities Enforcement, Andrew K. Jennings

Faculty Articles

Each year, state securities regulators bring over twice the enforcement actions brought by the Securities and Exchange Commission, yet their work is largely missing from the literature. This Article provides an institutional account of state securities enforcement and identifies two key advantages—detection granularity and institutional decentralization—that states enjoy over their federal counterparts in policing localized frauds involving individual, often small-dollar, victims. Although states share enforcement jurisdiction with the SEC and DOJ, their enforcement activity reflects their institutional advantages and constraints and thus largely does not overlap with that of federal authorities. Instead, states serve as the nation’s residual securities enforcers, …


Unfaithful Representation: Understating Accounts Receivable In The Name Of Conservatism, Timothy G. Bryan Jan 2021

Unfaithful Representation: Understating Accounts Receivable In The Name Of Conservatism, Timothy G. Bryan

Faculty Submissions

This research empirically examines the relationship between conservatism in accounting and the allowance for doubtful accounts. A sample of companies’ financial data related to the allowance for doubtful accounts and bad debt expense in the chemical and allied products manufacturers industry, SIC 28, for the period from 2005 through 2017 was obtained. The results of analysis of this data indicate that the allowance for doubtful accounts is overstated in these firms and has become more overstated since 2004. This research is important as few have researched the allowance for doubtful accounts, and that research has not considered the allowance for …


Protecting Third Parties In Contracts, Kishanthi Parella Jan 2021

Protecting Third Parties In Contracts, Kishanthi Parella

Scholarly Articles

Corporations routinely impose externalities on a broad range of non-shareholders, as illustrated by several unsuccessful lawsuits against corporations involving forced labor, human trafficking, child labor, and environmental harms in global supply chains. Lack of legal accountability subsequently translates into low legal risk for corporate misconduct, which reduces the likelihood of prevention. Corporate misconduct toward non-shareholders arises from a fundamental inconsistency within contract law regarding the status of third parties: On the one hand, we know that it takes a community to contract. Contracting parties often rely on multiple third parties—not signatories to the contract—to play important roles in facilitating exchange, …


Living Up To Your Codes? Corporate Codes Of Ethics And The Cost Of Equity Capital, Hong Kim Duong, Marco Fasan, Giorgio Gotti Jan 2021

Living Up To Your Codes? Corporate Codes Of Ethics And The Cost Of Equity Capital, Hong Kim Duong, Marco Fasan, Giorgio Gotti

Accounting Faculty Publications

Purpose-

Previous literature provides mixed evidence about the effectiveness of a code of ethics in limiting managerial opportunism. While some studies find that code of ethics is merely window-dressing, others find that they do influence managers' behavior. The present study investigates whether the quality of a code of ethics decreases the cost of equity by limiting managerial opportunism.

Design/methodology/approach-

In order to test the hypothesis, the authors perform an empirical analysis on a sample of US companies in the 2004–2012 period. The results are robust to a battery of robustness analyses that the authors performed in order to take care …


The Global Goals: Bringing Education For Sustainable Development Into U.S. Business Schools, Nancy E. Landrum Jan 2021

The Global Goals: Bringing Education For Sustainable Development Into U.S. Business Schools, Nancy E. Landrum

School of Environmental Sustainability: Faculty Publications and Other Works

Purpose – This paper aims to learn how sustainability and the circular economy were being integrated into the curriculum of a Dutch university and to transfer that knowledge back to a US university business school curriculum. Given the resistance toward integrating sustainability into the US business school curriculum, the Dutch university served as a role model for education for sustainable development.

Design/methodology/approach – This case study used ethnographic methods of participant observation over a four-month residency at the Dutch university.

Findings – Themes observed are as follows: success in the current context relied upon sustainability being integrated into the culture …


Follow-Up Enforcement, Andrew K. Jennings Jan 2021

Follow-Up Enforcement, Andrew K. Jennings

Faculty Articles

Firms sometimes break the law. When they do, a host of government agencies have power to bring enforcement actions against them, which serve to punish past wrongs, compensate victims, disgorge unlawful gains, deter others, and prevent recidivism. Each of these purposes but one—preventing recidivism—is either met or not once the case reaches settlement. Whether recidivism will occur, however, remains uncertain at the time a case is settled. In light of that uncertainty, this Article takes a critical look at how enforcers currently address recidivism prevention—what it dubs the “clawback” approach—under which defendant firms receive penalty credit today in exchange for …


A Cultural Diversity Management Framework For Enhancing The Performance Of Architectural Design Firms In Egypt, Ayman Ahmed Ezzat Othman, Nadine Ibrahim Fouda Jan 2021

A Cultural Diversity Management Framework For Enhancing The Performance Of Architectural Design Firms In Egypt, Ayman Ahmed Ezzat Othman, Nadine Ibrahim Fouda

Architectural Engineering

Purpose – This paper aims to develop a cultural diversity management (CDM) framework to enhance the performance of architecture design firms (ADFs) in Egypt. Design/methodology/approach – A research methodology consisting of literature review, case studies and survey questionnaire was designed to achieve the abovementioned aim. First, literature review was used to investigate the concepts of globalization, international construction, diversity, diversity management (DM) and organizational performance. Second, four case studies were presented and analyzed. The first two cases explored the role of CDM towards enhancing the performance of ADFs, while the last two cases showed initiatives carried out by NGOs to …


Technology And The (Re)Construction Of Law, Christian Sundquist Jan 2021

Technology And The (Re)Construction Of Law, Christian Sundquist

Articles

Innovative advancements in technology and artificial intelligence have created a unique opportunity to re-envision both legal education and the practice of law. The COVID-19 pandemic has accelerated the technological disruption of both legal education and practice, as remote work, “Zoom” client meetings, virtual teaching, and online dispute resolution have become increasingly normalized. This essay explores how technological innovations in the coronavirus era are facilitating radical changes to our traditional adversarial system, the practice of law, and the very meaning of “legal knowledge.” It concludes with suggestions on how to reform legal education to better prepare our students for the emerging …


The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott Jan 2021

The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott

Faculty Scholarship

Recent scholarly inquiry into fiduciary law predominantly focuses on whether the subject is a coherent field and not a piecemeal assortment of doctrinal detail. This Article looks to the future and to relationships between the formal domain of fiduciary law and other factors that shape conduct. These include intrinsic motivation, markets for professional services, and forces like the operation of reputation. The Article demonstrates that looking across domains, from the legal to the extralegal, casts in sharp relief the reasons why fiduciary law is distinctive. These stem from the specific qualities of relationships to which fiduciary law applies, as well …


Beyond Profit, Emilie Aguirre Jan 2021

Beyond Profit, Emilie Aguirre

Faculty Scholarship

Etsy was a crown jewel of socially responsible businesses. It prioritized female entrepreneurship, its employees, and environmental stewardship. It was widely admired as a company pursuing social goals alongside profit goals. But after scaling up through an IPO, Etsy fell apart both socially and financially. Similar stories proliferate in the world of socially conscious business. What happened? Standard accounts point to greedy investors, capitalism, and short-termism as the culprits.

But this Paper identifies a more fundamental problem: business law is not designed to facilitate scale-ups for companies that articulate objectives beyond profit. It lacks a durable commitment mechanism for these …


Equality Metrics, Veronica Root Martinez, Gina-Gail S. Fletcher Jan 2021

Equality Metrics, Veronica Root Martinez, Gina-Gail S. Fletcher

Faculty Scholarship

This time is different. This time the death of another Black man at the hands of white police officers prompted calls for change not only within police departments, but across all aspects of American life. Those calls for change resulted in significant displays of support for the Black Lives Matter movement and interest in how to eliminate systemic racism and promote racial diversity and justice within one’s daily life and workplace. For the most part, corporations were quick to publicly align themselves with the movement. When carefully examined, however, many of the statements issued by corporations in support of the …


Reversing The Fortunes Of Active Funds, Adi Libson, Gideon Parchomovsky Jan 2021

Reversing The Fortunes Of Active Funds, Adi Libson, Gideon Parchomovsky

All Faculty Scholarship

In 2019, for the first time in the history of U.S. capital markets, passive funds surpassed active funds in terms of total assets under management. The continuous growth of passive funds at the expense of active funds is a genuine cause for concern. Active funds monitor the management and partake of decision-making in their portfolio companies. Furthermore, they improve price efficiency and managerial performance by engaging in informed trading. The buy/sell decisions of active funds provide other market participants reliable information about the quality of firms. The cost of active investing is significant and it is exclusively borne by active …


The Effect Of Professional Identity Salience And Leadership Climate On Accountants' Ethical Decisions, Yin Xu, Karl J. Wang, Doug Ziegenfuss Jan 2021

The Effect Of Professional Identity Salience And Leadership Climate On Accountants' Ethical Decisions, Yin Xu, Karl J. Wang, Doug Ziegenfuss

Accounting Faculty Publications

The purpose of this study was to examine the influence of contextual factors in organizations on accountants’ ethical decisions. Specifically, the study investigated whether professional identity salience and ethical leadership climate affected accountants’ ethical judgments and intentions to act more ethically. A study is conducted, in a 2 x 2 between-factorial design, by using certified public accountants (N=375) as participants. The findings show that accountants made more ethical judgments when professional identity salience was increased by highlighting the professional code of ethics. Accountants intended to act more ethically only when the leadership climate was positive. The results suggest that a …


The Corporation As Trinity, David A. Skeel Jr. Jan 2021

The Corporation As Trinity, David A. Skeel Jr.

All Faculty Scholarship

In “Corporate Capitalism and ‘The City of God,’” Adolf Berle references Augustine’s theological classic The City of God in service of his contention that corporate managers have a social responsibility. In this Article, I turn to another work by Augustine, The Trinity, for insights into another feature the corporation, corporate personhood. The Trinity explicates the Christian belief that God is both three and one. I argue that corporations have analogously Trinitarian qualities. Much as theologically orthodox Christians understand God to be both one and three, I argue that corporations are best seen as both a single entity and through …


The History And Revival Of The Corporate Purpose Clause, Elizabeth Pollman Jan 2021

The History And Revival Of The Corporate Purpose Clause, Elizabeth Pollman

All Faculty Scholarship

The corporate purpose debate is experiencing a renaissance. The contours of the modern debate are relatively well developed and typically focus on whether corporations should pursue shareholder value maximization or broader social aims. A related subject that has received much less scholarly attention, however, is the formal legal mechanism by which a corporation expresses its purpose—the purpose clause of the corporate charter. This Article examines corporate purpose through the evolution of corporate charters. Starting with historic examples ranging from the Dutch East India Company to early American corporations and their modern 21st century parallels, the discussion illuminates how corporate purpose …


Should Corporations Have A Purpose?, Jill E. Fisch, Steven Davidoff Solomon Jan 2021

Should Corporations Have A Purpose?, Jill E. Fisch, Steven Davidoff Solomon

All Faculty Scholarship

Corporate purpose is the hot topic in corporate governance. Critics are calling for corporations to shift their purpose away from shareholder value as a means of addressing climate change, equity and inclusion, and other social values. We argue that this debate has overlooked the critical predicate questions of whether a corporation should have a purpose at all and, if so, what role it serves.

We start by exploring and rejecting historical, doctrinal, and theoretical bases for corporate purpose. We challenge the premise that purpose can serve a useful function either as a legal constraint on managerial discretion or as a …


The Corporate Governance Machine, Dorothy S. Lund, Elizabeth Pollman Jan 2021

The Corporate Governance Machine, Dorothy S. Lund, Elizabeth Pollman

All Faculty Scholarship

The conventional view of corporate governance is that it is a neutral set of processes and practices that govern how a company is managed. We demonstrate that this view is profoundly mistaken: in the United States, corporate governance has become a “system” composed of an array of institutional players, with a powerful shareholderist orientation. Our original account of this “corporate governance machine” generates insights about the past, present, and future of corporate governance. As for the past, we show how the concept of corporate governance developed alongside the shareholder primacy movement. This relationship is reflected in the common refrain of …