Business Law, Public Responsibility, and Ethics Commons^™

Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount

Faculty Publications

Much of the current debate in corporate governance is framed in terms of stakeholder versus shareholder forms of corporate governance. While one would find little debate that stakeholders’ interests are important to any business, there is substantial debate regarding whether any stakeholder besides shareholders should have a formal role in corporate governance. What has been largely ignored in this debate is the issue of private ordering: since corporate law is largely enabling rather than mandatory, can stakeholder governance structures be voluntarily created within the current shareholder-centric default corporate law structure? This article argues that this is clearly the case, sets …

How To Cultivate Compassion As A Tool For Everyday Leadership, Paula Webster

Mindfulness Studies Theses

In this two-party thesis study, the need for compassion in our world is presented up front. Upon this foundation of the need for compassion, the building blocks that together comprise compassionate everyday leader are placed: leaders and leadership, mindful leadership, defining the everyday leader, mindfulness, compassion, and how to cultivate compassion. The evolution of broad concepts of leadership are reviewed, from a control-based approach to a more mindful leadership, social-intelligence based approach. In a mindful leadership approach, qualities of self-awareness are cultivated within and then manifest in relation to the leadership process. Everyday leadership is a more expansive and inclusive …

Cybersecurity Disclosure Effectiveness On Public Companies, Jingjing Jin

Senior Honors Projects, 2010-2019

On October 13, 2011, the U.S. Securities and Exchange Commission issued a guidance on corporate disclosure of cyber-risks and information security breaches (SEC, 2011). To determine if a company disclosed information on the breach, I reviewed the company’s risk factors, management’s discussion and analysis of financial conditions and results of operations, description of the business, legal proceedings, financial statement disclosures, and disclosure controls and procedures. However, the disclosure regulations from this guidance are vague and thus do little to force disclosure of valuable information. The guidance has led to companies disclosing ambiguous, generic risk factors that can be applied to …

Homeland Self Storage Management, Llc, Et Al., Various Discovery Motions, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Vulnerability And Resistance: An Evaluation Of Hostile Takeover Defenses Proposed By: Carissa Wilson, International Business & Business Economics, Carissa Laurel Wilson

Senior Theses

Within the context of mergers and acquisitions (“M&A”), hostile takeovers comprise a complex and pivotal area of study. It is hostile takeovers, rather than friendly ones, that give rise to the need for most buy- and sell-side tactics related to strategic M&A. This paper focuses primarily on sell-side tactics, or “target defenses,” used to deflect undesired takeover attempts and prevent changes in corporate control. It will attempt to present a high level, comprehensible, and comprehensive listing of defensive tactics in the target arsenal, with references to related case law.

Target defenses developed preemptively, or before an official takeover offer has …

A Comparison Of Water Conservation Methods Within The Supply Chain, Spencer Bryant

Honors Projects

In a world where resources are becoming more and scarcer, water is one resource that companies need in order to stay functional. This purpose of this paper is to look at a variety of business sectors and see how they use water conservational methods within their supply chain in order to save on water. From the sectors observed, there were three main areas of focus in terms of water sustainability: reduce, reuse, and replenish. While the companies looked at were in two of the three areas stated, no company had water sustainability initiatives in place in all three areas. This …

Becoming Respectable: A History Of Early Social Responsibility In The Las Vegas Casino Industry, Jessalynn R. Strauss

UNLV Gaming Research & Review Journal

Today’s gaming corporations actively engage with their communities by supporting nonprofit organizations and adopting environmentally friendly practices among other socially responsible actions. This research considers precursors to modern corporate social responsibility (CSR) in the gaming industry by examining the philanthropic activities of the casino owners in Las Vegas in the early days of its development. This historical look at early philanthropy in the gaming industry provides a contextual background for considering contemporary corporate social responsibility. While the gaming industry has clearly come a long way from its early ties to organized crime, an understanding of this context helps further discussion …

Creating Competitive Advantage In The Premium Market Segment Through A Sustainability Strategy, Andrew E. Iberg

Chancellor’s Honors Program Projects

No abstract provided.

Keeping Sabbath During The Week, Michael E. Cafferky

Faculty Works

Would Sabbath-keeping be less meaningful if, on the other six days, our work disrupted human well-being or otherwise failed to honor the Sabbath Giver? This article is an abridged version of the longer peer-reviewed article "Sabbath: The Theological Roots of Sustainable Development" published in the Journal of Biblical Integration in Business available at http://cbfa-jbib.org/index.php/jbib/article/view/108/108 .

The Organisational Climate Of Sustainability: A Survey, Anke Arnaud, Janet K. Tinoco, Dawna L. Rhoades

Dr. Anke Arnaud

This study describes three dimensions of the climate of sustainability and the development of a survey for assessing these dimensions. The authors report the results of two studies conducted to measure the climate of sustainability dimensions of sensitivity to sustainability (six items), motivation for sustainability (six items), and responsibility for sustainability (five items). Results support that the climate of sustainability is a reliable instrument and demonstrate the convergent and discriminant validity of each survey dimension. Furthermore, results show the criterion-related validity of the climate of sustainability with respect to innovation strategy and employee attitudes including satisfaction and turnover intentions. Implications …

Case Study: Sexism In Advertising And Airlines, Tamilla Curtis, Anke Arnaud Ph.D., Blaise Waguespack

Dr. Anke Arnaud

This case study outlines an ethical dilemma faced by a young female student who is planning to buy airline tickets. Her purchase decision is influenced by cost and advertising strategies. The case discusses advertising ethics, ethical moral philosophies, including teleology and deontology, and sexist advertising with examples from the airline industry. This case will be beneficial for marketing students to discuss the topic of advertising ethics, and for business students to discuss the topic of organizational ethics. Students enrolling in aviation related classes will also benefit from this case. The teaching notes for instructors are available upon request.

Whistleblowers: Loyal Corporate Employee Or Disloyal Employee?, Debra Wroge

Communication and Theater Association of Minnesota Journal

Whistleblowers have received much media attention and scrutiny during the last decade due to high-profile corporate scandals and reports of unlawful activities in government and private sector corporations. There is a changing trend in the perception of whistleblowers from troublemakers to loyal employee. Interviews, based on a FBI whistleblower case, were conducted with eight employees in a Fortune 200 company. Results of qualitative analysis and findings reported in this paper support the perception of whistleblowers as loyal employees who have a strong sense of right and wrong, and are committed to calling attention to wrongdoing. The solution proposed is a …

Workplace Deviance And Recession, Aniruddha Bagchi, Siddhartha Bandyopadhyay

Faculty and Research Publications

We examine the relationship between the incidence of workplace deviance (on-the-job crime) and the state of the economy. A worker's probability of future employment depends on whether she has been deviant as well as on the availability of jobs. Using a two period model we show that the net impact on deviant behavior to changes in unemployment can go either way depending upon the nature of the equilibrium. Two kinds of equilibria are possible. In one, a non-deviant's probability of being employed increases as expected market conditions improve which lowers the incentive to be a deviant. In contrast, in the …

Case Study: Sexism In Advertising And Airlines, Tamilla Curtis, Anke Arnaud Ph.D., Blaise Waguespack

Dr. Tamilla Curtis

This case study outlines an ethical dilemma faced by a young female student who is planning to buy airline tickets. Her purchase decision is influenced by cost and advertising strategies. The case discusses advertising ethics, ethical moral philosophies, including teleology and deontology, and sexist advertising with examples from the airline industry. This case will be beneficial for marketing students to discuss the topic of advertising ethics, and for business students to discuss the topic of organizational ethics. Students enrolling in aviation related classes will also benefit from this case. The teaching notes for instructors are available upon request.

Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker

Anne Tucker

In this Essay, I challenge the conventional corporate law wisdom that unhappy mutual fund investors paying high fees don’t need litigation or regulation to protect their interests because they should simply exit a fund and reinvest elsewhere. The exit solution, advanced by Professors John Morley and Quinn Curtis in Taking Exit Rights Seriously provided an elegantly simply solution to the problem of unhappy indirect investors (e.g., mutual fund investors) given that they are often low-dollar, low-incentive, rationally-apathetic investors facing enormous information asymmetries and collective action problems. According to their view, competition produced by exit, or the threat of exit, is …

Homeland Self Storage Management, Llc, Et Ai., Order On Emergency Motion For Order To Show Cause Why Causes Of Action Should Not Be Stricken, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Let's Make A Deal! Business Succession Planning, John M. Olivieri, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Predictix, Llc, Order And Final Judgment On Business Valuation Proceeding Pursuant To O.C.G.A. § 14-11-1011, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker

Faculty Publications By Year

In this Essay, I challenge the conventional corporate law wisdom that unhappy mutual fund investors paying high fees don’t need litigation or regulation to protect their interests because they should simply exit a fund and reinvest elsewhere. The exit solution, advanced by Professors John Morley and Quinn Curtis in Taking Exit Rights Seriously provided an elegantly simply solution to the problem of unhappy indirect investors (e.g., mutual fund investors) given that they are often low-dollar, low-incentive, rationally-apathetic investors facing enormous information asymmetries and collective action problems. According to their view, competition produced by exit, or the threat of exit, is …

Socially Responsible And Small: A Quantitative Study Of Corporate Social Responsibility In Small And Medium Organizations In The United States, Abigail Sorenson Berk

Dissertations

Corporate social responsibility (CSR) has become a global imperative supported by governments, industry, and citizens alike. In 2000, the United Nations launched the Global Compact to encourage businesses to adopt socially responsible policies. In tandem, businesses became increasingly attentive to their social practices with the vast majority of executives declaring CSR important to their organization’s success. Despite this increase in attention – which occurred among businesses of all sizes – the academic literature on CSR has focused almost exclusively on large, public companies. Ironically, the majority of businesses in the United States are small, private businesses suggesting the existing CSR …

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.

Raser Technologies Order On Defendants' Motion To Temporarily Stay Proceedings Pending A Related U.S Supreme Court Decision, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Predictix, Llc, Order On Motion To Compel, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Spinosa Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Suntrust Banks, Inc., Et Al., Order On Motion For Partial Judgment On The Pleadings, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Gamechange: Cord Cutters, Technology, And The Legalities Of The Race To Replace Cable, Brian J. Halsey, Julie D. Pfaff, Amy Hendrickson

Accounting Faculty Publications

No abstract provided.

Corporate Social Responsibility: The Myopic Barometer?, Christo Ferreira, David K. Ding, Udomsak Wongchoti

Research Collection Lee Kong Chian School Of Business

No abstract provided.

Trends In Employment Outcomes Of Young Adults With Intellectual And Developmental Disabilities, 2006-2013, John Butterworth, Alberto Migliore, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report summarizes the employment and economic outcomes for young adults with intellectual disabilities between 2006 and 2013 in the nation’s 50 states and the District of Columbia (DC). Data are reported separately for two age groups: 16 to 21 years old, and 22 to 30 years old. Data are from the American Community Survey (ACS), the Rehabilitation Services Administration 911 (RSA-911), and the National Core Indicators (NCI).

Microlending In The Third World: Does It Work?, Caleb J. Childers

Senior Honors Theses

Microlending programs have recently been touted as a way to increase business development, equality, and income in impoverished nation (Yunus & Weber, 2007; Idris & Agbim, 2015); this confidence, however, may be misplaced. Research from inside these Third World nations is challenging the traditional thinking about what helps the poor succeed in other countries and how we can help; these studies call into question the efficacy of microlending and similar programs (Idris & Agbim, 2015; Banerjee et al., 2014; Yang & Stanley, 2012). In this paper, the effects of microloans in the Third World on income growth will be accessed …