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

Business Commons

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

Law

Series

2024

Institution
Keyword
Publication
File Type

Articles 1 - 30 of 37

Full-Text Articles in Business

An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr Sep 2024

An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr

KNEA 50th Anniversary

In 1973, the Kansas State College, Pittsburg administration fired thirteen faculty members without cause. In order to improve administration-faculty relations, remaining faculty organized, petitioned for recognition, and drafted PSU/KNEA's first contract with PSU/KBOR, which went into effect five years later. The narrative covering this period draws on Axe Library's KNEA Collection and interviews of former faculty.


Oer Textbook Review For Business Law - (1) Business Law And The Legal Environment - (2) Law For Entrepreneurs, Liz Brown Jd Aug 2024

Oer Textbook Review For Business Law - (1) Business Law And The Legal Environment - (2) Law For Entrepreneurs, Liz Brown Jd

Open Educational Resources Publications

Liz Brown, Professor of Law at Bentley University, evaluates two OER textbooks: "Business Law and the Legal Environment" and "Law for Entrepreneurs," both published by Saylor.org in 2012. While praising their clarity and accessible language, the review highlights significant limitations due to outdated content, lack of comprehensiveness, and cultural relevance. Key issues include the absence of current legal developments, such as topics like privacy and AI, and the omission of critical topics like start-up funding mechanisms in the entrepreneurship text. Despite these shortcomings, the textbooks are suggested as potential basic outlines for their subjects, though requiring substantial supplementation with current …


Scla 521 Ai In Society, Bert Chapman Aug 2024

Scla 521 Ai In Society, Bert Chapman

Libraries Faculty and Staff Presentations

Provides access to information resources on societal impacts of artificial intelligence from multiple libraries databases covering multiple disciplines including government information resources.


Use Generative Artificial Intelligence (Genai) To Learn: A Presentation Deck For Learners, Brett Whysel Aug 2024

Use Generative Artificial Intelligence (Genai) To Learn: A Presentation Deck For Learners, Brett Whysel

Open Educational Resources

This presentation explores the effective and ethical use of Large Language Models (LLMs) by students, in higher education. It covers the purpose of higher education, the potential use cases of LLMs as tutors, editors, creative directors, and coaches, and offers guidance on how to use these tools to enhance learning while avoiding common pitfalls. The presentation also emphasizes the importance of critical thinking, ethical considerations, and prompt engineering in maximizing the benefits of LLMs while maintaining academic integrity.


Michael Oher, The Tuohys, And The Blind Side: A Conservatorship Case Study, Drew Thornley Aug 2024

Michael Oher, The Tuohys, And The Blind Side: A Conservatorship Case Study, Drew Thornley

Seattle University Law Review Online

Conservatorships (or guardianships, as they are called in some states) are ubiquitous in the United States, and they are extremely important and impactful to those affected by them, such as Michael Oher. Many people learned of Michael Oher thanks to the hit movie The Blind Side, which has earned more than $300 million to date and for which actress Sandra Bullock won the Academy Award for Actress in a Leading Role in 2009.

The Blind Side is based on the real-life story of Michael Oher, who went from foster care and homelessness, to star college football player, and to first-round …


The Law Of General Average, Luca Anderlini, Joshua C. Teitelbaum Aug 2024

The Law Of General Average, Luca Anderlini, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Part of a ship's cargo is jettisoned in order to save the vessel and the remaining cargo from imminent peril. How should the loss be shared among the cargo owners? The law of general average, an ancient principle of maritime law, prescribes that the owners share the loss proportionally according to the respective values of their cargo. We analyze whether the law of general average is a truthful and efficient mechanism. That is, we investigate whether it induces truthful reporting of cargo values and yields a Pareto efficient allocation in equilibrium. We show that the law of general average is …


Effortless Mindfulness Toolkit: Easy Meditation Scripts To Begin Each Class., Brett Whysel Aug 2024

Effortless Mindfulness Toolkit: Easy Meditation Scripts To Begin Each Class., Brett Whysel

Open Educational Resources

The Effortless Mindfulness in the Classroom Toolkit is an open educational resource designed to create happier classrooms, boost student engagement, and foster a sense of community through brief, effective mindfulness exercises. This comprehensive toolkit provides educators with everything they need to seamlessly integrate mindfulness practices into their teaching routines, regardless of prior experience. The toolkit includes introductory slides, 15 ready-to-use meditation scripts, and accompanying audio recordings, covering a variety of mindfulness techniques such as focused breathing, body scans, and loving-kindness meditations. Each meditation is paired with a reflective prompt to deepen student engagement and reinforce the benefits of mindfulness. Additionally, …


Bunching In Real-Estate Markets: Regulated Building Heights In New York City, Jan K. Brueckner, David Leather, Michael Zerecero Jul 2024

Bunching In Real-Estate Markets: Regulated Building Heights In New York City, Jan K. Brueckner, David Leather, Michael Zerecero

Business Faculty Articles and Research

This paper presents a real-estate application of the bunching methodology widely used in other areas of applied microeconomics. The focus is on regulated building heights in New York City, where developers can exceed a parcel’s regulated height by incurring additional costs. Using the bunching methodology, we estimate the magnitude of these extra costs, with the results showing a modest increase in the marginal cost of floor space beyond the regulated building height. We use these estimates to predict the additional floor space that would be created by complete removal of building-height regulation in NYC. While this last exercise is circumscribed …


Contractual Remedies In Mergers: Lessons From Crispo V. Musk, Dhruv Aggarwal, Albert H. Choi, Geeyoung Min Jun 2024

Contractual Remedies In Mergers: Lessons From Crispo V. Musk, Dhruv Aggarwal, Albert H. Choi, Geeyoung Min

Law & Economics Working Papers

The Delaware Chancery Court recently restricted a merger target's ability to recover damages on behalf of its shareholders from a breaching buyer. This paper investigates the impact of the decision. First, we present a theoretical analysis to generate empirical predictions. Second, we show that the decision led to a decrease in the firm value of targets in mergers governed by Delaware law. Third, we hand-collect relevant provisions from merger agreements and find that the agreements governed by Delaware law increasingly include target-friendly non-price terms after the decision. We also present evidence suggesting deal price responds to the inclusion of novel …


The Sources And Consequences Of Disputes Over Contractual Meaning, Randy D. Gordon Jun 2024

The Sources And Consequences Of Disputes Over Contractual Meaning, Randy D. Gordon

Faculty Scholarship

With some frequency, parties agree to the particular words used in a contract they sign, only to later disagree as to the meaning of those words and their legal effect. That is, they each assent to something, but that “something” is something different for each of them. In this Article, I first categorize and trace the sources of recurring points of disagreement as a matter of language and linguistics. Then, I look at the consequences of a dispute that leads a fact finder to conclude that the parties genuinely did not agree to the same thing, which is to say …


Assessing Impact Of Urban Densification On Outdoor Microclimate And Thermal Comfort Using Envi-Met Simulations For Combined Spatial-Climatic Design (Cscd) Approach, Shreya Banerjee, Rachel X.Y. Pek, Sin Kang Yik, Graces N. Ching, Xiang Tian Ho, Dzyuban Yuliya, Peter J. Crank, Juan A. Acero, Winston T. L. Chow Jun 2024

Assessing Impact Of Urban Densification On Outdoor Microclimate And Thermal Comfort Using Envi-Met Simulations For Combined Spatial-Climatic Design (Cscd) Approach, Shreya Banerjee, Rachel X.Y. Pek, Sin Kang Yik, Graces N. Ching, Xiang Tian Ho, Dzyuban Yuliya, Peter J. Crank, Juan A. Acero, Winston T. L. Chow

Research Collection College of Integrative Studies

Future urban planning requires context-specific integration of spatial design and microclimate especially for tropical cities with extreme weather conditions. Thus, we propose a Combined Spatial-Climatic Design approach to assess impact of urban densification on annual outdoor thermal comfort performance employing ENVI-met simulations for Singapore. We first consider building bylaws and residential site guidelines to develop eight urban-density site options for a target population range. We further classify annual weather data into seven weather-types and use them as boundary conditions for the simulations. Comparing such fifty-six combined spatial-climatic simulation outputs by analyzing Outdoor Thermal Comfort Autonomy, we report the influence of …


Alexander S. Glover Jr., Et Al., Order On Plaintiffs' Motion To Dismiss Counterclaim Of Defendant Railroad Valley Mining Company, Llc, Kelly L. Ellerbe May 2024

Alexander S. Glover Jr., Et Al., Order On Plaintiffs' Motion To Dismiss Counterclaim Of Defendant Railroad Valley Mining Company, Llc, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.


Industry Peer Information And The Equity Valuation Accuracy Of Firms Emerging From Chapter 11, Bingxu Fang, Sasan Saiy May 2024

Industry Peer Information And The Equity Valuation Accuracy Of Firms Emerging From Chapter 11, Bingxu Fang, Sasan Saiy

Research Collection School Of Accountancy

Valuation plays a central role in determining Chapter 11 reorganization outcomes. However, obtaining accurate valuation estimates of reorganized firms is challenging because of limited firm-specific market-based information and the oft-conflicting incentives of claimholders. We examine the role of industry peer information in reducing misvaluations and its implications for unintended interclaimant wealth transfers and postreorganization performance. First, we find that the availability of relevant industry peer information is negatively associated with equity valuation errors for firms emerging from Chapter 11. Cross-sectional results suggest that the relation between industry peer information and valuation errors varies substantially with debtors’ information environment and case …


Promoting Due Diligence: The Role Of The Gramm-Leach-Bliley Act, And Information Security Standards On Financial Institutions Protecting Consumers' Non-Public Personal Information (Npi), Thomas G. Caballero May 2024

Promoting Due Diligence: The Role Of The Gramm-Leach-Bliley Act, And Information Security Standards On Financial Institutions Protecting Consumers' Non-Public Personal Information (Npi), Thomas G. Caballero

2024 Spring Honors Capstone Projects

The Graham-Leach-Bliley Act (GLBA) protects consumer financial privacy and limits what information can be disclosed by a financial institution to non-affiliated third parties. In accordance with the GLBA, the FTC is required to enforce the Privacy of Consumer Financial Information Rule. This thesis uses information from scholarly peer-reviewed articles and reports on compliance standards in storing consumer non-public data and data breaches to depict the current impact of information security compliance in the financial sector. Supported by statistics and quantitative analysis in the areas of cybersecurity laws and industry standards that promote the due diligence of compliance efforts in protecting …


The Driving Impact Of Artificial Intelligence On Global Expansion, Aleksandra Drozd Apr 2024

The Driving Impact Of Artificial Intelligence On Global Expansion, Aleksandra Drozd

Senior Honors Theses

The invention and continual growth of artificial intelligence (AI) on the global stage have significantly shaped the world’s economies, governments, societies and their cultures. The new industrial revolution and the subsequent race of the world’s leading powers have led to increased international joint efforts and exchange of information, simultaneously reducing barriers to trade and communication. Meanwhile, emerging technologies deploying AI have led to changes in human behavior and culture and challenged the traditional nation-state model. Although several implications of the proliferation of AI remain unknown, its widening application may be tied with accelerating globalization, referred to interchangeably as global expansion. …


U.S. Government Agency Podcasts, Bert Chapman Apr 2024

U.S. Government Agency Podcasts, Bert Chapman

Libraries Faculty and Staff Presentations

Presents podcasts from U.S. Government agencies which can be discovered through the U.S. Government Publishing Office's Catalog of Government Publications. Agencies whose podcasts are presented include the National Institutes of Health, U.S. Peace Corps, U.S. Department of Agriculture, Government Accountability Office (GAO), National Park Service, Department of Justice, Federal Reserve System, and U.S. Naval War College.


Searching Govinfo.Gov/, Bert Chapman Mar 2024

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.


2022 Census Of Agriculture: Nebraska Highlights, Kathleen Brooks, Bradley Lubben Feb 2024

2022 Census Of Agriculture: Nebraska Highlights, Kathleen Brooks, Bradley Lubben

Cornhusker Economics

In February 2024, the United States Department of Agriculture National Agricultural Statistics Service published data from the 2022 Census of Agriculture. This data is collected every five years. The current article highlights a few of the Nebraska numbers. Two significant highlights from the data are the total number of farms and the total value of production. U.S. farm numbers declined modestly in the U.S. from 2.04 million in 2017 to 1.90 million in 2022. The total value of production for U.S. farms and ranches increased substantially from $388.5 billion in 2017 to $543.1 billion in 2022. Crop production accounted for …


Galaxy Next Gen., Inc. V. Bradley Ehlert, Et. Al., Order On Motion For Sanctions And Motion For Order To Show Cause, Kelly L. Ellerbe Feb 2024

Galaxy Next Gen., Inc. V. Bradley Ehlert, Et. Al., Order On Motion For Sanctions And Motion For Order To Show Cause, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.


Retail Investors And Corporate Governance: Evidence From Zero-Commission Trading, Dhruv Aggarwal, Albert H. Choi, Yoon-Ho Alex Lee Feb 2024

Retail Investors And Corporate Governance: Evidence From Zero-Commission Trading, Dhruv Aggarwal, Albert H. Choi, Yoon-Ho Alex Lee

Law & Economics Working Papers

We examine the effects of the sudden abolition of trading commissions by major online brokerages in 2019, which lowered stock market entry costs for retail investors, on corporate governance. Firms already popular with retail investors experienced positive abnormal returns around the abolition of commissions. Firms with positive abnormal returns in response to commission-free trading subsequently saw a decrease in institutional ownership, a decrease in shareholder voting, and a deterioration in environmental, social, and corporate governance (ESG) metrics. Finally, these firms were more likely to adopt bylaw amendments to reduce the percentage of shares needed for a quorum at shareholder meetings. …


Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd Jan 2024

Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Indiana University Maurer School of Law Professor Bill Henderson has once again been recognized as one of the most influential people in legal education, but he’s not the only one with ties to the Law School on this year’s list.

The National Jurist ranked Henderson #18 on its list. Kellye Testy, a 1991 alumna of the Law School and president and CEO of the Law School Admission Council, is ranked second.


Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Order On Motion To Compel Discovery, John J. Goger Jan 2024

Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Order On Motion To Compel Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Et Al., Order On Partial Motions To Dismiss, John J. Goger Jan 2024

Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Et Al., Order On Partial Motions To Dismiss, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Populist Politics And International Business Policy: Problems, Practices, And Prescriptions For Mnes, Paul Vaaler, Christopher Hartwell, Barclay James, Thomas Lindner, Jakob Müllner Jan 2024

Populist Politics And International Business Policy: Problems, Practices, And Prescriptions For Mnes, Paul Vaaler, Christopher Hartwell, Barclay James, Thomas Lindner, Jakob Müllner

Articles

In this editorial introduction to the Special Issue on populism, we discuss different approaches to defining populism in ways relevant to multinational enterprise (MNE) strategy and organization. In addition, we demonstrate how populist host-country government policies often target MNEs in ways that give rise to distinctly new forms of discriminatory treatment. This theoretical background sets the stage for the papers of this Special Issue, explaining the origins of these populist host-country government policies and the impact of such policies on FDI and international trade. We conclude with various suggestions for advancing IB policy research on populism, including building a better …


Knowledge Commons Past, Present, And Future, Michael J. Madison Jan 2024

Knowledge Commons Past, Present, And Future, Michael J. Madison

Articles

The project now known as Governing Knowledge Commons, or GKC, was launched more than 15 years ago on the intuition that skepticism of intellectual property law and information exclusivity was grounded in anecdote and ideology rather than in empiricism. Structured, systematic, empirical research on mechanisms of knowledge sharing was needed. GKC aimed to help scholars produce it. Over multiple books, case studies, and other work, the scope of GKC has expanded considerably, from innovation to governance; from invention and creativity to data, privacy, and markets; and from social dilemmas focused on things to governance strategies directed to communities and collectives. …


Rethinking Eisner V. Macomber, And The Future Of Structural Tax Reform, Alex Zhang Jan 2024

Rethinking Eisner V. Macomber, And The Future Of Structural Tax Reform, Alex Zhang

Faculty Articles

In June 2023, the Supreme Court granted the petition for a writ of certiorari in Moore v. United States, ostensibly a challenge to an obscure provision of the 2017 tax legislation. Moore’s real target is the constitutionality of federal wealth and accrual taxation, which policymakers have proposed to combat record inequality and raise revenue for social-welfare reform. At the center of the doctrinal dispute in Moore is a century-old case, Eisner v. Macomber, on which the Moore petitioners and other commentators have relied to argue that Congress has no power to tax wealth or unrealized gains—e.g., appreciation …


Evaluating Responses To Offshore Tax Evasion: A Comparative Analysis Of Legislative Reforms In The Usa And Canada Post-Panama Papers, Akashdeep Singh Jan 2024

Evaluating Responses To Offshore Tax Evasion: A Comparative Analysis Of Legislative Reforms In The Usa And Canada Post-Panama Papers, Akashdeep Singh

Honours Bachelor of Business Administration

Following the revelations from the Panama Papers and other significant leaks, there has been a marked increase in public calls for nations to address tax evasion more effectively. This period has witnessed an unparalleled expansion in global cooperation regarding tax matters, leading to significant strides toward mitigating offshore tax evasion. In this evolving landscape, the focus shifts to North America, where both Canada and the United States have stepped up their efforts to curb tax evasion. They have updated their legal frameworks, enhanced enforcement tactics, and strengthened tax authorities' investigative capabilities. This research delves into the legislative actions taken by …


Protecting The Sovereign's Money Monopoly, Gary B. Gorton, Jeffery Zhang Jan 2024

Protecting The Sovereign's Money Monopoly, Gary B. Gorton, Jeffery Zhang

Articles

Sovereign states have held a monopoly over the production of circulating money for well over a century. Governments, not private entities, issue circulating money. The advent of stablecoins—privately issued digital money that can circulate—raises the question of the sovereign’s money monopoly from the grave. Should private money circulate alongside sovereign money in the twenty-first century? We argue against coexistence to preserve financial stability and monetary sovereignty.

Through the lens of economic theory, we explore the coexistence question by revisiting the original debates that led to the sovereign’s money monopoly in England, the United States, Canada, and Sweden. In each case, …


Criminal Subsidiaries, Andrew K. Jennings Jan 2024

Criminal Subsidiaries, Andrew K. Jennings

Faculty Articles

Corporate groups comprise parent companies and one or more subsidiaries, which parents use to manage liabilities, transactions, operations, and regulation. Those subsidiaries can also be used to manage criminal accountability when multiple entities within a corporate group share responsibility for a common offense. A parent, for instance, might reach a settlement with prosecutors that requires its subsidiary to plead guilty to a crime, without conviction of the parent itself—a subsidiary-only conviction (SOC). The parent will thus avoid bearing collateral consequences—such as contracting or industry bars—that would follow its own conviction. For the prosecutor, such settlements can respond to criminal law’s …


Arbitrating Corruption, Rachel Brewster Jan 2024

Arbitrating Corruption, Rachel Brewster

Faculty Scholarship

One of the most controversial issues in international investment law is how arbitral panels should deal with investments tainted by corruption at their inception. The current practice of investment arbitrators is to refuse to hear investors’ claims when bribery allegations are substantiated. A recent wave of scholarship has attacked this “corruption defense,” arguing that the practice unfairly harms investors and encourages governments to maintain corrupt practices. This Essay responds to that scholarship, arguing that the current approach is the best policy choice on balance. The Essay analyzes three core policy questions at the heart of the debate: Would eliminating the …