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

Business Commons

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

Faculty Scholarship

Business Administration, Management, and Operations

University of Maryland Francis King Carey School of Law

Articles 1 - 2 of 2

Full-Text Articles in Business

Facilitating Successful Failures, Michelle M. Harner, Jamie Marincic Griffin Jan 2014

Facilitating Successful Failures, Michelle M. Harner, Jamie Marincic Griffin

Faculty Scholarship

Approximately 80,000 businesses fail each year in the United States. This article presents an original empirical study of over 400 business restructuring professionals focused on a critical, arguably contributing factor to these failures—the conduct of boards of directors and management. Anecdotal evidence suggests that management of distressed companies often bury their heads in the sand until it is too late to remedy the companies’ problems, a phenomenon commonly called “ostrich syndrome.” The data confirm this behavior, show a prevalent use of loss framing, and suggest trends consistent with prospect theory. The article draws on these data and behavioral economics to …


Teaching Llcs Through A Problem-Based Approach, Michelle M. Harner, Robert J. Rhee Jan 2014

Teaching Llcs Through A Problem-Based Approach, Michelle M. Harner, Robert J. Rhee

Faculty Scholarship

Case studies and case simulations can be used to teach LLCs with an eye toward training business lawyers. These tools can be used in the traditional four-credit Business Associations (BA) course to supplement traditional teaching materials with mini-case studies that accent and apply analysis of primary legal sources. Alternatively, case studies and case simulations can be the centerpiece of a specialized course on LLCs. We discuss both approaches in this short essay.