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Full-Text Articles in Business Law, Public Responsibility, and Ethics

Legal Accountability And Nonprofit Governance: An Exploratory Quantitative Study Of Board Member And Executive Knowledge Of Fiduciary Duties, Crystal Trull May 2019

Legal Accountability And Nonprofit Governance: An Exploratory Quantitative Study Of Board Member And Executive Knowledge Of Fiduciary Duties, Crystal Trull

Dissertations

United States nonprofits are governed by boards of directors who have legal responsibilities based on the fiduciary duties of care, loyalty, and obedience. Boards, along with the chief executive, are held responsible to fulfill these standards which are designed to hold nonprofits legally accountable to carry out their tax exempt purpose by using organizational resources for the intended purpose, avoid conflict of interest, and ensure compliance. However, despite this weighty responsibility and the voluntary nature of nonprofits, no standardized process exists to educate nonprofit leaders about their legal responsibilities.

While governance is a key area of nonprofit research, there is ...


Shadow Economy: Definitions, Terms And Theoretical Considerations, Colin C. Williams May 2019

Shadow Economy: Definitions, Terms And Theoretical Considerations, Colin C. Williams

Colin C Williams

The last decades, many scholars highlighted the shadow economic activities, regarding their disadvantages (unemployment, impoverishment etc) and advantages (intensifies competition, flexibility in employment etc). During the financial crisis, informal activities rose in noisy way, which triggered the development of special definitions to describe a wide range of actions which in turn have gradually configured and updated the content of the shadow economy term. In this paper we present the theoretical background of the shadow economy term, by selecting the main worldwide literature published from 1973 to 2018. Many studies have tried to definite the shadow economy term but none has ...


Centros, California’S “Women On Boards” Statute And The Scope Of Regulatory Competition, Jill E. Fisch, Steven Davidoff Solomon May 2019

Centros, California’S “Women On Boards” Statute And The Scope Of Regulatory Competition, Jill E. Fisch, Steven Davidoff Solomon

Faculty Scholarship at Penn Law

We examine the Centros decision through the lens of SB 826 – the California statute mandating a minimum number of women on boards. SB 826, like the Centros decision, raises questions about the scope of the internal affairs doctrine and its role in encouraging regulatory competition. Despite the claim that US corporate law is characterized by regulatory competition, in the US, the internal affairs doctrine has led to less variation in corporate law than in Europe. We theorize that this is due to the shareholder primacy norm in US corporate law which results in the internal affairs doctrine focusing on matters ...


The Performance Of Military Defense Contracted Companies After September 11th, 2001: The Case Of Politically Connected Companies, Derek J. Larsen May 2019

The Performance Of Military Defense Contracted Companies After September 11th, 2001: The Case Of Politically Connected Companies, Derek J. Larsen

All Graduate Plan B and other Reports

This paper examines the effect that the terrorist attacks on September 11th, 2001 had on the stock prices of companies within the military defense industry. In addition, this paper studies the effect of the defense firms’ political engagement (through lobbying activities) and how this affected the stock price response to the terrorist attacks. Our study finds that the cumulative abnormal returns of these companies are positively significant and that companies who lobbied experienced higher returns relative to those who did not lobby.


Shades Of Beige: Tarte Cosmetics And Racial Inclusivity, Dominika J. Jedinak May 2019

Shades Of Beige: Tarte Cosmetics And Racial Inclusivity, Dominika J. Jedinak

Theses/Capstones/Creative Projects

The release of Shape Tape foundation, a facial cosmetics line by Tarte Cosmetics, sparked disappointment and outrage in consumers for the lack of racial inclusivity in the range of shades offered. This came as a surprise to Tarte who, from their beginning has been a very socially aware and ecologically thoughtful company. Was this outrage justified? Did Tarte owe their customers an apology? And, if so, how should they go about making amends?

When Tarte released an apology, they further angered consumers who took to social media to express their dissatisfaction. The Shape Tape foundation release sparked a debate on ...


Consumers’ Reactions To Multiple Instances Of Negative Publicity: The Role Of Publicity Domain Similarity, Berna Basar May 2019

Consumers’ Reactions To Multiple Instances Of Negative Publicity: The Role Of Publicity Domain Similarity, Berna Basar

All Dissertations, Theses, and Capstone Projects

Although it is very typical for consumers to be exposed to multiple instances of negative publicity about a brand, existing research has focused on consumers’ reactions to one-time negative publicity instances. Given the important role of self-brand connection in consumers’ reactions to negative brand-related information, the current study investigates how consumers with different self-brand connection levels react to multiple instances of negative publicity in a single domain versus across different domains. Specifically, I suggest that consumers with high self-brand connection might be defense motivated, which in return, might result in justification of one-time instances unless consistency in behavior is signaled ...


Retention, Matthew Molinaro Apr 2019

Retention, Matthew Molinaro

The Review: A Journal of Undergraduate Student Research

Employee retention in the 21th century reflects how companies keep their employees motivated and well prepared for the challenges in the workplace. In this paper, I apply the concepts of motivation and how employers keep their employees. I also emphasize the costly effects of a employee leaving the organization, both as a dollar and emotional standpoint.


Systemic Risk And The Ripple Effect In The Supply Chain, Kevin P. Scheibe, Jennifer Blackhurst Apr 2019

Systemic Risk And The Ripple Effect In The Supply Chain, Kevin P. Scheibe, Jennifer Blackhurst

Supply Chain and Information Systems Publications

Supply chains are highly complex systems, and disruptions may ripple through these systems in unexpected ways, but they may also start in unexpected ways. We investigate the causes of ripple effect through the lens of systemic risk. We derive supply chain systemic risk from the finance discipline where sources of risk are found in systemic risk-taking, contagion, and amplification mechanisms. In a supply chain context, we identify three dimensions that influence systemic risk, the nature of a disruption, the structure, and dependency of the supply chain, and the decision-making. Within these three dimensions, there are several factors including correlation of ...


Can Banks Placate Knowledgeable Depositors By Offering Higher Interest Rates During A Banking Crisis?, Glenn Boyle, Roger D. Stover, Amrit Tiwana, Oleksandr Zhylyevskyy Apr 2019

Can Banks Placate Knowledgeable Depositors By Offering Higher Interest Rates During A Banking Crisis?, Glenn Boyle, Roger D. Stover, Amrit Tiwana, Oleksandr Zhylyevskyy

Oleksandr Zhylyevskyy

Using a conjoint analysis of 417 finance professionals from six countries, we find no evidence that higher interest rates cause knowledgeable depositors to moderate their withdrawals during a banking crisis. In fact, intended withdrawals are positively correlated with expected interest rate changes. After accounting for endogeneity, this relationship disappears, consistent with the attractiveness of higher returns being offset by increased doubts about bank solvency. The withdrawal decisions of finance professionals are also independent of their personal characteristics, but they appear to place considerable store on deposit insurance generosity and the presence of a formal insurance fund.


A Strategic Audit Of Tesla, John J. Stobbe Jr. Apr 2019

A Strategic Audit Of Tesla, John J. Stobbe Jr.

Honors Theses, University of Nebraska-Lincoln

This paper examines in depth one of the most innovative companies in recent years: Tesla. Redefining what it means to be an electric car, Tesla has produced impressive cars year after year. However, they’ve run into tremendous production issues and have still yet to make any significant profits. This strategic audit analyzes Tesla’s current place in the market and considers many perspectives to come to a proposed recommendation. This recommendation is to secure its market share and resolve production issues. This could be accomplished through sticking to only a few Tesla car models, then iterating year after year ...


Amarcord Inc: Combating Money Laundering Using Data Analytics, Alyssa Ardai Apr 2019

Amarcord Inc: Combating Money Laundering Using Data Analytics, Alyssa Ardai

Honors Program Contracts

This case study of Amarcord Incorporative will be discussing how Amarcord combats money laundering using data analytics. With the addition of new laws from 1970-current, it is harder for money laundering to be committed due to the requirement of reports and bank inspections. Using data analytics techniques such as the time-series analysis, we can analyze data sets to look closer and tell what transactions are money laundering, and what are actual ones.


Making Sustainability Disclosure Sustainable, Jill E. Fisch Apr 2019

Making Sustainability Disclosure Sustainable, Jill E. Fisch

Faculty Scholarship at Penn Law

Sustainability is receiving increasing attention from issuers, investors and regulators. The desire to understand issuer sustainability practices and their relationship to economic performance has resulted in a proliferation of sustainability disclosure regimes and standards. The range of approaches to disclosure, however, limit the comparability and reliability of the information disclosed. The Securities & Exchange Commission (SEC) has solicited comment on whether to require expanded sustainability disclosures in issuer’s periodic financial reporting, and investors have communicated broad-based support for such expanded disclosures, but, to date, the SEC has not required general sustainability disclosure.

This Article argues that claims about the relationship ...


Clarity For Due Diligence In 401(K) Qualified Retirement Plans, Erin O'Reilly Apr 2019

Clarity For Due Diligence In 401(K) Qualified Retirement Plans, Erin O'Reilly

Honors College Capstone Experience/Thesis Projects

My focus for this project is to educate myself and my peers on the process of analyzing a 401(k) plan, specifically the due diligence that should be performed when analyzing a retirement plan. Specific aspects of this project will involve: (1) explaining the different roles needed to administer a 401(k) plan; (2) discussing an advisor's role in a 401(k) plan; (3) analyzing fiduciary duty levels; (4) reviewing the appropriate types of investments to include in a 401(k) plan; (5) providing suggestions for financial wellness programs; and (6) discerning the appropriate level of fees for each ...


With Great Power: Assessing The Social And Environmental Responsibilities Of Small And Medium Businesses, Danielle Tetrault Apr 2019

With Great Power: Assessing The Social And Environmental Responsibilities Of Small And Medium Businesses, Danielle Tetrault

Community Engagement Student Work

The purpose of this study is to assess the potential that small businesses hold to improve the social and environmental conditions of the communities in which they reside. The existing literature focuses on the socially responsible activities of corporations. Large corporations are generally expected to participate in “socially responsible” activities, such as contributing funds, volunteers, and other resources to philanthropic causes. Often, the main motivation behind such activities is to improve the public image of the corporation, which has ultimately been shown to increase sales, thus increasing the economic power of corporations. This study surveyed representatives of smaller businesses in ...


Ifth Plenary Meeting Of The European Platform Tackling Undeclared Work Report On Tackling Under-Declared Employment In The European Union, Colin C. Williams Mar 2019

Ifth Plenary Meeting Of The European Platform Tackling Undeclared Work Report On Tackling Under-Declared Employment In The European Union, Colin C. Williams

Colin C Williams

The fifth Plenary meeting of the European Platform Tackling Undeclared Work was held in Brussels on 18-19 October 2018. The first day of this meeting was dedicated to the topic of tackling under-declared employment in the European Union. This report summarises the discussions at the workshop, which drew on the findings of two studies on this topic produced as part of the Platform’s work programme.

The objective of this thematic discussion on under-declared employment in the European Union was: (i) to exchange information on what works and what does not, (ii) to generate knowledge about under-declared employment, and (iii ...


Tackling Undeclared Work In The Agricultural Sector, With A Focus Upon Seasonal Workers And Horticulture: Executive Summary, Colin C. Williams Mar 2019

Tackling Undeclared Work In The Agricultural Sector, With A Focus Upon Seasonal Workers And Horticulture: Executive Summary, Colin C. Williams

Colin C Williams

The Platform seminar provided participants with an opportunity to reflect on existing practices, tools and
approaches that deal with undeclared work in the agricultural sector in Europe. Discussions focused on methods
and tools for the prevention and deterrence of undeclared work in the agricultural sector and Platform members,
observers and social partners played an active and central role in the day.


No More, Monsanto. A Comprehensive Review Of The Most Hated Agriculture/Biotechnology/Chemical/Confectionery/Pharmaceutical Company In America., Gabrielle Robbins Mar 2019

No More, Monsanto. A Comprehensive Review Of The Most Hated Agriculture/Biotechnology/Chemical/Confectionery/Pharmaceutical Company In America., Gabrielle Robbins

Honors Theses, University of Nebraska-Lincoln

Since 1901, Monsanto's roots have held strong to its grip as a conglomerate in chemical, agriculture, and biotechnology industries. This creative project will deconstruct, investigate and strategically interpret the brand's history, logo, social responsibility and so much more of the good, bad and the ugly.


Complete Issue, Volume 2 Issue 1 Mar 2019

Complete Issue, Volume 2 Issue 1

Journal of International Crisis and Risk Communication Research

This is the full issue of JICRCR Volume 2, Issue 1.


Towards Quantifiable Metrics Warranting Industry-Wide Corporate Death Penalties, Joshua M. Pearce Mar 2019

Towards Quantifiable Metrics Warranting Industry-Wide Corporate Death Penalties, Joshua M. Pearce

Joshua M. Pearce

In the singular search for profits, some corporations inadvertently kill humans. If this routinely occurs throughout an industry, it may no longer serve a net positive social purpose for society and should be eliminated. This article provides a path to an objective quantifiable metric for determining when an entire industry warrants the corporate death penalty. First, a theoretical foundation is developed with minimum assumptions necessary to provide evidence for corporate public purposes. This is formed into an objective quantifiable metric with publicly-available data and applied to two case studies in the U.S.: the tobacco and coal mining industries. The ...


Ethical Leadership And Ethical Behavior In The Large Publicly Traded United States-Based Banks, Gerald R. Rowe Iii Mar 2019

Ethical Leadership And Ethical Behavior In The Large Publicly Traded United States-Based Banks, Gerald R. Rowe Iii

Doctoral Dissertations and Projects

Unethical behavior in business and banking has cost Americans significantly throughout the past several decades. Ethical lapses in banking contributed to the financial disaster of 2008-09, resulted in thousands of families losing their homes, cost consumers millions in bogus overdraft fees, resulted in millions of phony accounts customers did not agree to open, and cost end users billions in credit card fees, just to name a few of the transgressions. This study utilized Brown, Harrison, and Travino’s (2005) Ethical Leadership Scale (ELS) to measure ethical leadership and Kaptein’s (2008) Measure of Unethical Behavior in the Workplace to measure ...


Snapshot Of Trade Secret Developments, Elizabeth A. Rowe Feb 2019

Snapshot Of Trade Secret Developments, Elizabeth A. Rowe

William & Mary Law Review Online

As we enter the second year of the DTSA, this Article presents a snapshot of developments to assess whether there appears to be any significant doctrinal changes afoot in trade secret litigation— including civil and/or criminal—during the past year. Professors David Levine and Christopher Seaman provided some empirical data and quantitative analysis of the case filings during the first year of litigation under the DTSA (from May 2016 to May 2017). This Article complements their excellent work by taking a qualitative look at some of the substantive rulings from the following year. My assessment based on this limited ...


International Olympic Committee -- Rule 40: Who Does It Protect Versus Who Should It Protect?, Jeri L. Jones Feb 2019

International Olympic Committee -- Rule 40: Who Does It Protect Versus Who Should It Protect?, Jeri L. Jones

Atlantic Marketing Association Proceedings

No abstract provided.


Escape For Boone & Crocket, William K. Foxx, Joseph W. Giese, David W. Van Buskirk Feb 2019

Escape For Boone & Crocket, William K. Foxx, Joseph W. Giese, David W. Van Buskirk

Atlantic Marketing Association Proceedings

No abstract provided.


Defining Sustainability On Campus: A Network Analysis Of Competing Student Conceptions, Matt Hettche, Dae-Hee Kim, Lisa Spiller Feb 2019

Defining Sustainability On Campus: A Network Analysis Of Competing Student Conceptions, Matt Hettche, Dae-Hee Kim, Lisa Spiller

Atlantic Marketing Association Proceedings

No abstract provided.


Retailer Dress Codes And The Law: Employee Religion, Kelly Atkins Feb 2019

Retailer Dress Codes And The Law: Employee Religion, Kelly Atkins

Atlantic Marketing Association Proceedings

No abstract provided.


A Research Plan To Update The Marketing Literature On Legal Regulation Of Firms Using Direct Or Indirect Comparative Advertising In The United States, William Neese, Natalie Bryant, David Van Buskirk Feb 2019

A Research Plan To Update The Marketing Literature On Legal Regulation Of Firms Using Direct Or Indirect Comparative Advertising In The United States, William Neese, Natalie Bryant, David Van Buskirk

Atlantic Marketing Association Proceedings

No abstract provided.


Towards Quantifiable Metrics Warranting Industry-Wide Corporate Death Penalties, Joshua M. Pearce Feb 2019

Towards Quantifiable Metrics Warranting Industry-Wide Corporate Death Penalties, Joshua M. Pearce

Department of Materials Science and Engineering Publications

In the singular search for profits, some corporations inadvertently kill humans. If this routinely occurs throughout an industry, it may no longer serve a net positive social purpose for society and should be eliminated. This article provides a path to an objective quantifiable metric for determining when an entire industry warrants the corporate death penalty. First, a theoretical foundation is developed with minimum assumptions necessary to provide evidence for corporate public purposes. This is formed into an objective quantifiable metric with publicly-available data and applied to two case studies in the U.S.: the tobacco and coal mining industries. The ...


The Value Of Insider Control, Benjamin Means Feb 2019

The Value Of Insider Control, Benjamin Means

William & Mary Law Review

According to conventional wisdom, insider control of businesses is detrimental to the interests of noncontrolling investors. Family-run businesses, in particular, are seen as nepotistic and inefficient. Yet, commentators have overestimated the dangers of insider control and overlooked its potential benefits for all stakeholders. Controlling owners have a personal stake that gives them reason to identify with their business and to adopt responsible business practices capable of creating lasting value. A stewardship model of insider control helps explain the continuing vitality of family businesses as well as the success of recent public offerings by Facebook, Google, and Snapchat involving low-vote or ...


Defined Contribution Plans And The Challenge Of Financial Illiteracy, Jill E. Fisch, Annamaria Lusardi, Andrea Hasler Feb 2019

Defined Contribution Plans And The Challenge Of Financial Illiteracy, Jill E. Fisch, Annamaria Lusardi, Andrea Hasler

Faculty Scholarship at Penn Law

Retirement investing in the United States has changed dramatically. The classic defined-benefit (DB) plan has largely been replaced by the defined contribution (DC) plan. With the latter, individual employees’ decisions about how much to save for retirement and how to invest those savings determine the benefits available upon retirement.

We analyze data from the 2015 National Financial Capability Study to show that people whose only exposure to investment decisions is by virtue of their participation in an employer-sponsored 401(k) plan are poorly equipped to make sound investment decisions. Specifically, they suffer from higher levels of financial illiteracy than other ...


Institutional Asymmetry And The Acceptability Of Undeclared Work: Synthesis Report, Colin C. Williams Jan 2019

Institutional Asymmetry And The Acceptability Of Undeclared Work: Synthesis Report, Colin C. Williams

Colin C Williams

This report is part of the project SHADOWSwhich aims to investigate the effectiveness of different policy measures in reducing undeclared work. As such, the project evaluates not only the effectiveness of using a rational economic actor approach (that tackles undeclared work by ensuring that the payoff from undeclared work is outweighed by the costs), and a social actor approach (grounded in a view that undeclared work arises when tax morale is low), but also analyses the interaction effects (between deterrents and tax morale, and vertical and horizontal trust) in various contexts. This report focuses on the social actor approach ...