Business Commons^™

Loophole Entrepreneurship, Brian M. Sirman

Fordham Journal of Corporate & Financial Law

All entrepreneurs seek favorable legal or regulatory treatment for their businesses. Sometimes this leads an entrepreneur to build a business within a gap in the law—a loophole. In so doing, these “loophole entrepreneurs” may avoid steep regulatory compliance costs that otherwise would beset (or perhaps prohibit) their businesses, thereby gaining advantages over competitors. Despite these benefits, loophole entrepreneurship is fraught with risks. Loopholes, by nature, are fragile, and their contours are often uncertain. Moreover, the stigma of “exploiting a loophole” (which connotes unfairness or deception) can provoke ill will among competitors, policymakers, and the public.

The ranks of loophole entrepreneurs …

Expanding Mfw: Delaware Law Should Offer A Business Judgment Rule Safe Harbor For All Conflicted Controller Transactions, Alex Lindsey

Fordham Journal of Corporate & Financial Law

While courts usually defer to a board’s business decisions under the business judgment rule, courts will apply a much less deferential standard of review due to loyalty concerns if a conflicted controller is involved in a business decision such as a merger. However, in Kahn v. M & F Worldwide (“MFW”) when a squeeze out merger was challenged by a minority stockholder, the Delaware Supreme Court reviewed the transaction under the deferential business judgment rule standard because the Court found that the structure of the transaction neutralized the controller loyalty concerns. Building on this reasoning, the Court developed a checklist …

Jesuit Educational Principles And Student Managed Investment Funds, Mehmet F. Dicle

Jesuit Higher Education: A Journal

Financial education is part of Jesuit higher education. One of the important parts of the finance curriculum is the student managed investment fund (SMIF). In this study we provide an example SMIF which is structured around Jesuit ideals. Ethics and social responsibility are at the core of the investment and payout processes. Our students consistently strive to outperform financial markets, pay scholarships from their profits, and address the needs of their community. They show solidarity with the greater student community by offering their knowledge, talents and efforts to earn profits to help those who are in need. They also show …

Billion Dollar Whale, David Mcclough

The Journal of Economics and Politics

No abstract provided.

Accountability Responsibility As An Instrument For Performance Measurement, Burhan Rexhepi B.R

International Journal of Business and Technology

This paper addresses the role and importance of accounting information, in particular liability accounting and the impact of liability centers on the success of the enterprise. The success of business decision making is closely linked to the quality and accuracy of accounting information. Every entity, regardless of ownership, size and form of legal organization, the capital structure exists and functions to achieve its objectives.

We live in a time of great changes in external environmental factors, which impose the need to know modern methods and models for running a business. However, the main basis of business success depends on the …

Finchain: Adaptation Of Blockchain Technology In Finance And Business - An Ethical Analysis Of Applications, Challenges, Issues And Solutions, Naresh Kshetri, Keith Miller, Gaurango Banerjee, Bikesh Raj Upreti

International Journal of Emerging and Disruptive Innovation in Education : VISIONARIUM

Blockchain Technology is a distributed database technology that has emerged as a ground-breaking technology with several possible solutions to critical applications, say from supply chain management, agribusiness, marketing to healthcare industry including internet of medical things. Although it started as a digital coin (popularly known as bitcoin), it is slowly influencing business, marketing policy and society. We have presented an in-depth study and ethical analysis of how blockchain is applied over the economic and financial sector including banks, credit unions and other retail giants. During our research, we have also investigated how blockchain technology can affect financial institutions around the …

Profiting From Dow Jones Industrial Index And Hang Seng Index Using Moving Average And Macd Optimization Model, Anthony Yeung, Joe Wailun Chung, Nibhrat Lohia, Onyeka Emmanuel

SMU Data Science Review

Before the internet, high-speed laptop computers, and big data became accessible and popular, academia on stock market trading concentrated on Efficient Market Hypothesis (EMH). EMH hinges on the idea that the market is efficient and there is no extra return that could be generated. With the dynamic development of the internet, big-data and computing technology, many researchers started to pay attention to Technical Analysis and its usage. Numerous academic papers claimed that technical analysis can enhance returns by using various technical tools. This paper explores in-depth the simulation model of Moving Average and Moving Average Convergence/Divergence (MACD) to come up …

Without Reservation: Ensuring Uniform Treatment In Bankruptcy While Keeping In Mind The Interests Of Native American Individuals And Tribes, Connor D. Hicks

Fordham Journal of Corporate & Financial Law

The Bankruptcy Code (“Code”) exists as a mechanism for good faith debtors to discharge debts and seek a “fresh start” in life and finance. 11 U.S.C. § 106(a) ensures that not only are all debtors treated uniformly, but that all creditors, including governmental creditors which may otherwise enjoy immunity from suit, are equally subject to the jurisdiction of Bankruptcy courts and bound to the provisions of the Code.

However, a recent circuit split has demonstrated one niche yet significant instance in which a debtor may not receive the same treatment as their counterparts. While § 106 contains an express waiver …

Using Foundation Capital For Good: Opportunities In The Balance Sheet, John Sherman, Veronica Olazabal

The Foundation Review

Foundations increasingly use their full balance sheets to unlock more of their capital for good. They look beyond conventional grantmaking to pursue their charitable purposes in many ways that exemplify innovative, full-balance sheet approaches: investing in nonprofit and for-profit companies that offer clear social and financial returns; investing their corpus in companies whose products and services align with their missions; using social bonds to inject new resources into their programs; offering guarantees to help grantees manage risk; and avoiding companies whose practices run counter to their grantees’ efforts.

This article looks at the structures, pathways, and tools for foundations wanting …

Hospitality Sector Revenues And Employment In The Eagle Ford Shale, 2010-2019, Javier Oyakawa

Journal of Hospitality Financial Management

By taking advantage of proprietary data from input- output tables’ time series and by using econometric methods, this study estimated job and output multipliers affecting the hospitality sector in Eagle Ford Shale (EFS) between 2010 and 2019. In 2019, in the EFS area, the hospitality sector, including the hotel and food subsectors, received 32.5% of its increased revenues from oil and gas activities when comparing the years 2019 and 2010. For each new job in the energy industry, the hospitality sector received between $10,185 and $12,744. In the same year, hotel subsector revenues due to oil and gas activities explained …

Cognitive Biases Of Trained Finance Professionals In India: An Exploratory Analysis, Labanya Prakash Jena

Management Dynamics

Cognitive biases among trained financial professionals may lead to mismanagement of investment decision-making or inadequate utilization of resources. Not many studies in this domain are available in the Indian context. The objective of the study is to find out the main cognitive biases among finance professionals in India. Using my diverse professional online networks, 162 trained finance professionals’ survey responses are gathered for this study. I used Principal Component Analysis (PCA) method since it is suitable for this study. The PCA method allows to find out the critical group of factors incorporated in the questionnaire and derive the significant factors …

Teaching How Supply Chain Operations Impact Financial Results: A Case Study Using Cloud-Based Simulation, Michael J. Murray

Southwestern Business Administration Journal

Understanding how the execution of the supply chain business processes affect the financial performance a firm is key to running a successful enterprise. These processes are integrated across many functional groups within a business organization, and it is difficult to illustrate this integration in a classroom setting. This paper presents a case study of teaching supply chain operations and business analytics using the cloud-based SAP ERPsim manufacturing game. Although teaching about enterprise systems is often classified as part of the MIS or accounting domain, the ERPsim simulation encompasses the primary supply chain business processes, and because the enterprise system on …

Meeting All The Challenges: These Five Colby Alumnae Are Reshaping The World Of Business, Finance, And Technology With Their Liberal Arts Education, Kayla Voigt

Colby Magazine

Five high-achieving alumnae talk about their lives, careers, and Colby.

Support New Business To Solve Old Problems With Kentucky’S Keystone Waste From Bourbon & Brewing, Samuel C. Kessler

Commonwealth Policy Papers

Provided here is a policy solution from the backside of Kentucky bourbon and brewing to upcycle Kentucky’s “keystone” wastes and grow businesses in the process. Potential effects range from removing the bottleneck on bourbon production and producing GHG-friendly biogas to lowering the price of milk.This full whitepaper brief provides an incentive model for keystone wastes which have a provider and a use. It is equally applicable for policymakers or advocates wishing to place a policy incentive behind waste-to-product upcycling, businesses involved with methane sequestration & renewable biogas energy, and shifting regulatory and penalizing models of pollution into incentive model for …

Fintech And Anti-Money Laundering Regulation: Implementing An International Regulatory Hierarchy Premised On Financial Innovation, Nicholas A Roide

Texas A&M Law Review

Innovations in financial technology (“fintech”) have rippling effects across global markets. Fintech firms utilizing virtual assets and disintermediating blockchain technology continue to rapidly grow in strength and number. As systemic risk mounts due to the inter-jurisdictional nature of fintech, antimony laundering (“AML”) regulators must search for an international answer to maintain global financial stability and protect consumers against illicit activities. A variety of solutions have appeared within local AML regulatory frameworks. These frameworks tend to function as a hierarchy with three ordered objectives: market integrity, rule clarity, and innovation. However, frameworks often place too much emphasis on market integrity and …

The Analysis Of The Roles Of Bitcoin, Ethereum, And Gold As Hedge And Safe-Haven Assets On The Indonesian Stock Market Before And During The Covid-19 Pandemic, Carla A. Wijaya, Maria Ulpah

The Indonesian Capital Market Review

The uncertainty due to the COVID-19 outbreak has encouraged investors to look for value hedging instruments to minimize risk, which can be in the form of hedging assets or safe-haven assets. In response to it, this study aims to find out whether Bitcoin, Ethereum, and gold can behave as hedging and safe-haven assets before and amid the pandemic in Indonesia. The strategy is by observing the effects of volatility and return of Bitcoin, Ethereum, and gold on the Indonesian stock market. This study employed both quantile regression and simple linear regression models on data of daily closing price taken before …

Bibliographic Measures Of Top-Tier Finance, Information Systems, And Management Science Journals, Thomas M. Krueger, Jack D. Shorter, Randy G. Colvin

Economic and Business Review

Purpose: Faculty research is frequently the basis of pay, tenure, and promotion decisions in the university arena. Meanwhile, perceptions regarding the quantity and quality of the research produced by a faculty is often the basis of departmental, college, and university reputation. The journal in which research findings are published is often used to assess the overall research quality. In order to better benchmark journal quality, this report provides findings of a meticulous investigation of leading journals in the finance, information systems and management science disciplines. It examines four different citation-based measures of quality and four journal characteristics that are exogenous …

The Financial Implications Of The Chinese Healthcare System, Lilly Schneider, Chi Hung Kenneth Leung

DU Undergraduate Research Journal Archive

In 1949 one of the world’s most powerful and influential countries was born: The People’s Republic of China. Perhaps the greatest challenge the country has consistently faced since its inception has been ensuring a fiscally sound healthcare system. Today, China has the world’s largest population and a rapidly aging society with 330 million citizens over the age of 65 projected by 2050- nearly the same size as the total U.S. population. Living standards across China have been drastically increasing in recent decades and the Chinese people are desiring better, higher quality healthcare to complement their new lifestyles. With this desire …

Technology In Finance, Bryan Herlihy

Research and Innovation Village

As a technology continues to improve rapidly, every company in all sectors must learn how to adapt or otherwise face the consequences of going bankrupt. One industry in particular that is continuously innovating is finance. In finance, technology had developed into artificial intelligence.

Walmart Impact On The Finance And Insurance Industry, Steven C. Hall, Suzanne K. Hayes, Laurie Swinney

Mountain Plains Journal of Business and Technology

Purpose

This paper investigates the effect of Walmart presence on professional service firms within the finance and insurance sector. This paper also discusses the finance and insurance industry’s place within the Walmart ripple effect—changed retail sector leads to changed professional support services resulting in altered levels of social capital within the community.

Design/Methodology

The study uses county-level data from the state of Nebraska to examine the relationship between cumulative Walmart exposure and the number of firms, number of employees, and payroll levels within the finance and insurance (F&I) sector. These same variables are also investigated within two specific F&I industries—insurance …

Artificial Intelligence Create Value To Investors, Jing-Yang Huang

Marriott Student Review

Artificial intelligence provides personalized assistance and solves tedious tasks in our daily lives. One of the applications of this technology is about investing. This article summarizes some basic knowledge of artificial intelligence and how it assists investors to create value.

Contemporary Investment Strategies And Comparison Applications Of Bitcoin, William Gregg Vi, Thanh Nguyen

University of South Carolina Upstate Student Research Journal

Bitcoin is an effective component to any investor's portfolio. The purpose of this research paper was to study the capabilities Bitcoin has to investors and anyone interested in learning more about cryptocurrencies. What are the strategic applications of Bitcoin and why should it be used over other types of assets? Bitcoin offers diversification capabilities to commodities, equities, bonds, the U.S. dollar, and most stock market indices. It can offer hedging capabilities against the U.S. dollar, Ethereum, stock market indices, and commodity uncertainty. The Financial Times Stock Exchange 100 (FTSE100) is an example of an index that Bitcoin can hedge against. …

Investing In A Green Future: Universities And Renewable Energy, Tommy Kimmell, Philip Kimmell, Matthew Sorensen, Cameron Ruggiero, Ben Coit

Bryant University Journal of Interdisciplinary Studies

This paper explains how the implementation of renewable energy is a favorable energy choice and explores the growing trend of investing in a green economy. The report begins by providing some context as to what renewable energy is and explains why it is a favorable energy choice. The first section outlines the energy industry and deciphers between the two forms of energy currently making up the sector. Breaking up the industry into two separate sectors, being renewable energy and nonrenewable energy, provides an understanding on which form is currently dominating the market. Moreover, the outline describes the concept of investing …

The Academic Field Of Finance And Paradigm Diversity, Kavous Ardalan

Southern Business Review

Kavous Ardalan, Ph.D., is associate professor of finance, School of Management, Marist College, Poughkeepsie, NY 12601.

Signalling Expertise In Sport Entrepreneurship: A Mixed-Methods Approach Using Topic Modeling And Thematic Analysis, Ted Hayduk, Brianna Newland

Journal of Applied Sport Management

Despite the recent importance of technological entrepreneurship to sport business, very little is known about the entrepreneurs who are actively defining this new landscape. And, given that effective communication is essential to a thriving entrepreneurship ecosystem, it is important for investors to understand who sport entrepreneurs are and how they position themselves to the world. This will help create a sport business landscape that is receptive to new technologies and supportive of the entrepreneurs who champion them. Thus, the purpose of this paper is to illuminate how sport entrepreneurs communicate with potential investors. To do so, the paper employs a …

The Segregation Of Markets, Christian Turner

Texas A&M Law Review

Campaign-finance reformers fear that rich donors’ money can be used disproportionately to influence the content of campaign advertising and thus, perhaps, the results of elections. In European football, UEFA has attempted to ban “financial doping”—rich owners’ use of money earned in sectors other than football to pay large sums for the best football players. Campaign-finance reform efforts and “financial fair play” rules in sport may seem like bespoke solutions to different problems. In fact, they are the same solution to the same problem. Both are attempts to ensure that power accumulated in one market is not brought into another market …

Newman/Martoma: The Insider Trading Law's Impasse And The Promise Of Congressional Action, Tai H. Park

Fordham Journal of Corporate & Financial Law

The prohibition against insider trading is a judge-made law that has evolved for over fifty years, and has reached a critical impasse in two recent decisions in the Second Circuit Court of Appeals: United States v. Newman and United States v. Martoma. Judges of the Second Circuit are sharply divided over what conduct constitutes improper trading on material nonpublic information (“MNPI”), leaving the law in profound disarray. At bottom, the disagreement stems from a decades-old split within the judiciary about how to (1) ensure a fair securities marketplace, while (2) enabling institutional analysts to probe for corporate information in furtherance …

The Layers Of Digital Financial Innovation: Charting A Regulatory Response, Teresa Rodriguez De Las Heras Ballell

Fordham Journal of Corporate & Financial Law

The increasing penetration of digital technologies in financial markets is evidenced by promising adoption rates among users, expanding presence of fintech firms and bigtech providing techfin services, and the growing use of fintech solutions by incumbents. The increasingly popular term "fintech" captures the accelerated transformation of contemporary financial markets driven and enabled by technology, and encapsulates its multifarious potential impact on services, market structures, and business models. This Article first aims to devise and propose an analytical framework to understand the digital challenges to financial regulation based on the "layers of digital financial innovation" theory. Accordingly, digital innovation (fintech) is …

Navigating A Risk-Filled Sea: Insights On How The Law And Insurance Chart A Course By Allocating Liabilities And Creating Incentives, Stephen M. Shapiro

Fordham Journal of Corporate & Financial Law

Risk can be defined as the probability and extent of liability. Risk management involves identifying, evaluating, and minimizing liabilities, which is critical to the success of a wide range of enterprises. Managers often turn to insurance to reallocate risk, and to experts such as surveyors, engineers, attorneys, and accountants to identify and evaluate risks and to advise on how to reduce them. The law also ascertains, allocates, and liquidates liabilities, and affects how insurance reallocates them. Policymakers-both industrial and legal-must be aware of how industry practices, expert services, insurance provisions, and legal structures are intertwined to achieve diverse, and perhaps …

The Regulation Of Cryptocurrencies: Between A Currency And A Financial Product, Hadar Y. Jabotinsky Dr.

Fordham Intellectual Property, Media and Entertainment Law Journal

Cryptocurrencies are electronically generated and stored currencies by which users can trade either real or virtual objects with one another. As these digital assets gain popularity, the issue of how to regulate them becomes more pressing. Cryptocurrencies are attractive due in part to their decentralized, peer-to-peer structure. This makes them an alternative to national currencies which are controlled by central banks. Given that these cryptocurrencies are already replacing some of the “regular” national currencies and financial products, the question then arises—should they be regulated? And if so, how? This paper draws the legal distinction between cryptocurrencies which are in fact …