Business Law, Public Responsibility, and Ethics Commons^™

Impact Of Life-Cycle Costs Threshold Criteria In The Alternate Design Pavement Bidding Practices Of Public Transportation Agencies, Ilker Karaca, Douglas Gransberg, Ashley F. Buss

Ilker Karaca

This paper proposes a model that enables Department of Transportation (DOT) policy makers to quantify the expected volume of projects that will qualify for letting in their alternate design/alternate bid (ADAB) pavement bidding programs. Current guidance on alternate bidding recommends a fixed percentage as the life cycle cost (LCC) threshold criterion to determine whether pavement selection decisions should be made through ADAB bidding practices. The paper’s analysis shows that the fixed LCC threshold percentage approach may have considerable shortcomings. Instead, a dynamic threshold value is proposed that can subsequently be calibrated by agencies, based on the desired size of their …

Turning Vice Into Virtue: Institutional Work And Professional Misconduct, Elisabeth Brooke Harrington

Brooke Harrington

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

Michelle M. Harner

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 …

Curriculum Vitae, Karen Ahmed

Karen Hunt Ahmed

No abstract provided.

La Qualificazione Del C.D. "Titolo Sportivo" Nel Trasferimento D'Azienda Nell'ambito Di Procedure Concorsuali, Claudio Sottoriva

Claudio Sottoriva

Il titolo sportivo è il riconoscimento da parte della FIGC (uno dei compiti di questo organo è quella di organizzare i campionati) delle condizioni tecniche sportive della possibilità di partecipare ad un determinato campionato. Tralasciando i problemi che riguardano le formazioni professionistiche mi soffermerei su quello che è stato specificato dalla giurisprudenza sopratutto nella sentenza del Tar Lazio Sez. ter del 22 settembre 2004, n. 9668 (Napoli/FIGC) in tema di definizione del titolo sportivo. Prima di tutto come si può definire il titolo sportivo: “ il titolo sportivo è una qualità inerente alla posizione di status che questi riveste nei …

The Impact Of The Repeal Of The Stock-For-Debt Exception On Corporate Bankruptcy Restructurings, William D. Terando, Wayne H. Shaw

William D. Terando

This paper investigates the effect repeal of the stock-for-debt exception on corporate bankruptcy restructurings. This exception permitted corporations to exclude cancellation of indebtedness income from gross income provided they exchanged their own common equity for debt while in Chapter 11. Consistent with claims made by Easton (1994), it is found that the change in tax law imposed significant explicit tax costs on bankruptcy filers. Despite these costs, it is found that many of these firms altered their debt restructure method to preserve net operating losses and reduce their cost of equity. Almost half of the sample firms issued significant levels …

Executive Compensation: The Role Of Shari’A Compliance, William Marty Martin, Karen Hunt Ahmed

Karen Hunt Ahmed

Abstract Purpose The purpose of this paper is to illuminate issues surrounding executive compensation as it relates to current understandings of Islamic business law. Methodology We review the emerging bodies of literature in the fields of executive compensation and opinions of stock options under Shari’a law. Findings It appears that the trend in offering employee stock options as part of a Shari’a compliant compensation package is acceptable in most cases, yet because of its close association with the more problematic idea of derivative transactions, the company must be vigilant in obtaining the approval from its Shari’a Standards Board before offering …

Executive Compensation: The Role Of Shari’A Compliance, William Marty Martin, Karen Hunt Ahmed

William Marty Martin

Abstract Purpose The purpose of this paper is to illuminate issues surrounding executive compensation as it relates to current understandings of Islamic business law. Methodology We review the emerging bodies of literature in the fields of executive compensation and opinions of stock options under Shari’a law. Findings It appears that the trend in offering employee stock options as part of a Shari’a compliant compensation package is acceptable in most cases, yet because of its close association with the more problematic idea of derivative transactions, the company must be vigilant in obtaining the approval from its Shari’a Standards Board before offering …

Resume, Karen Hunt Ahmed

Karen Hunt Ahmed

No abstract provided.

Combining Forces: The Joint Defense Agreement In Civil Litigation, Stephen Messer

Stephen Messer

From day one of law school aspiring lawyers are taught that information shared in confidence between a lawyer and his client is confidential. Although all lawyers are well aware of this, surprisingly few know that conversations with a client and someone else's lawyer can also be privileged. This is what happens when a joint defense agreement is created; Joint defense agreements extend the attorney client privilege throughout the entire defense camp in cases where multiple defendants and their counsel have common interests in the litigation. This often overlooked, yet highly effective legal strategy may serve as a valuable tool for …

Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez

Richard E. Ramirez, J.D. | CFCS

No abstract provided.

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …

The 'New Responsibility Paradigm': Implications For Strategic Competitiveness, Art Stewart

Art Stewart

No abstract provided.

Collaborating With A Financial Therapist: The Why, Who, What And How, Cicily Maton, Michelle Maton, William Marty Martin

William Marty Martin

Financial planning clients are seeking holistic solutions to their financial opportunities and challenges. Yet, few financial planners and mental health professionals work together to benefit clients. This article showcases a partnership between a financial therapist, trained as a psychologist, and two financial planners who have implemented an evidence-based model of financial planning drawing upon the behavioral finance, neureconomics, evolutionary psychology, and coaching literature.

The Psychology Of Money: Beyond Behavioral Finance, Cicily Maton, William Marty Martin

William Marty Martin

Behavioral finance has attracted the attention of both academics and practitioners. This article explores the roots of behavioral finance, psychology, and showns how these principles are actually used in practice.

Healthcare Could Your Organization Save Money With Complementary And Alternative Medicine?, William Martin, Hugh Long

William Marty Martin

Some evidence suggests complementary and alternative medicine could reduce costs and improve efficiency while increasing patient satisfaction.

What Does Islamic Finance Want To Be When It Grows Up?, Karen Hunt Ahmed

Karen Hunt Ahmed

No abstract provided.

Where Is Islamic Finance Going? Ethical Investment Strategies, Karen Hunt Ahmed

Karen Hunt Ahmed

No abstract provided.

"Islamic Banking And Finance: Moral Beliefs And Business Practices At Work", Karen Hunt Ahmed

Karen Hunt Ahmed

The religion of Islam has existed for 1400 years but Islamic economic theory and its financial institutions emerged as an industry only in the 1970s. Islamic financial institutions (IFIs) are designed to help Muslims conduct business internationally while simultaneously upholding traditional Islamic values related to trade finance and currency movement. The basis for their existence is the Islamic moral prohibition on charging interest—interest is a central component of capitalist banking—yet IFIs conduct billions of dollars of business annually in the world economy and the de facto Islamic banking transaction is—in most cases—virtually identical to a capitalist banking transaction. Business practices …

Chicago Islamic Microfinance Project, Karen Hunt Ahmed, Cynthia Shawamreh

Karen Hunt Ahmed

No abstract provided.

Technical Analysis: The Interface Of Rational And Irrational Decision Making, William Marty Martin

William Marty Martin

No abstract provided.

Islamic Finance Unit Takes Bank Beyond Michigan Roots, Karen Hunt Ahmed

Karen Hunt Ahmed

No abstract provided.

The Walmart Effect: Retailing Of Health Care, William Marty Martin

William Marty Martin

No abstract provided.

Socially Responsible Investing: The United Nations Principles, William Marty Martin

William Marty Martin

No abstract provided.

Complementary And Alternative Medicine: Opportunities And Challenges, William Marty Martin, Hugh Long

William Marty Martin

Health care finance is complex in all sectors of the health care industry. This article highlights both the challenges and opportunities of financing and reimbursing care with a focus on CAM providers and CAM provider organizations.

Quality Models: Selecting The Best Model To Deliver Results, William Martin

William Marty Martin

No abstract provided.

Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy

Benedict Sheehy

Abstract: Shareholders rights advocates argue that shareholders have the right to control the corporation. This article examines the basis for the claims. It begins with an analysis of rights, then moves to an analysis of legal rights, which is followed by an analysis of property rights as a species of legal rights. The article then examines the historical context, rationale and development of shareholder rights which leads to the analysis of current shareholders’ rights. The article concludes with some comments and suggestions concerning future development of corporate governance thinking.

Managing Unmanageable Physicians: Leadership, Stewardship, And Disruptive Behavior, Tim Keogh, William Martin

William Marty Martin

Physician and health care leaders are seeking guidance and support on how to address disruptive behavior that has an impact on safety, quality, and performance. This article equips leaders with a model and process to prevent and address disruptive behavior.

Positively Influencing Physicians: The Levers Of Influence, William Marty Martin

William Marty Martin

No abstract provided.