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

Business Law, Public Responsibility, and Ethics Commons

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

Articles 1 - 30 of 40

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

Using Unprme To Teach, Research, And Enact Business Ethics: Insights From The Catholic Identity Matrix For Business Schools, Kenneth Goodpaster, Dean Maines, Michael Naughton, Brian Shapiro Jan 2017

Using Unprme To Teach, Research, And Enact Business Ethics: Insights From The Catholic Identity Matrix For Business Schools, Kenneth Goodpaster, Dean Maines, Michael Naughton, Brian Shapiro

Ethics and Business Law Faculty Publications

We address how the leaders of a Catholic business school can articulate and assess how well their schools implement the following six principles drawn from Catholic social teaching (CST): (1) produce goods and services that are authentically good; (2) foster solidarity with the poor by serving deprived and marginalized populations; (3) advance the dignity of human work as a calling; (4) exercise sub-sidiarity; (5) promote responsible stewardship over resources; and (6) acquire and allocate resources justly. We first discuss how the CST principles give substantive content and meaning to the Good Goods, Good Work, and Good Wealth framework in The ...


Beyond Dodd-Frank: Pinning Down The Octozilla Of Too-Big-To-Fail With Multiple Market Instruments, Dale B. Thompson Jan 2016

Beyond Dodd-Frank: Pinning Down The Octozilla Of Too-Big-To-Fail With Multiple Market Instruments, Dale B. Thompson

Ethics and Business Law Faculty Publications

A principal purpose of Dodd-Frank is to end "too-big-to-fail." It makes improvements, but leaves in place two market failures that continue too-big-to-fail. Large banks receive an implicit subsidy, because of the continuing perception that they are too-big-to-fail. They also face incentives to make riskier investment choices because while they fully capture the returns for successful investments, the losses from catastrophic failures will be shared by taxpayers. Moreover, the costs of complying with Dodd-Frank's regulations may make smaller banks "too-small-to-succeed." Consequently, we need to go beyond the command-and-control approach of the Dodd-Frank Act, and adopt economic instruments to correct these ...


The Concussion Crisis In The National Hockey League, John J. Miller, John T. Wendt Jan 2015

The Concussion Crisis In The National Hockey League, John J. Miller, John T. Wendt

Ethics and Business Law Faculty Publications

No abstract provided.


Who Owns Employee Works? Pitfalls In A Globally Distributed Work Environment, Susan J. Marsnik, Romain Lorentz Jan 2015

Who Owns Employee Works? Pitfalls In A Globally Distributed Work Environment, Susan J. Marsnik, Romain Lorentz

Ethics and Business Law Faculty Publications

U.S. copyright law mandates the employer is both the author and owner of any work created by an employee within the scope of employment. This “work for hire” doctrine extends to categories of copyrighted works created by independent contractors. Moral rights do not provide relief to these individuals. Since the U.S. became a contracting state to the Berne Convention, it has allowed moral rights to be freely alienated or waived under Federal law. These two factors conflict with the legal environment for authorship in many countries. Given the territoriality of intellectual property laws, the differing approaches to authorship ...


Areas Of Privacy In Facebook: Expectations And Value, Katherina Glac Ph.D., Dawn Elm, Kirsten Martin Jan 2014

Areas Of Privacy In Facebook: Expectations And Value, Katherina Glac Ph.D., Dawn Elm, Kirsten Martin

Ethics and Business Law Faculty Publications

Privacy issues surrounding the use of social media sites have been apparent over the past ten years. Use of such sites, particularly Facebook, has been increasing and recently business organizations have begun using Facebook as a means of connecting with potential customers or clients. This paper presents an empirical study of perceived privacy violations to examine factors that in!uence the expectations of privacy on Facebook. Results of the study suggest that the more important Facebook is to users, the more likely they are to perceive privacy violations and the more likely those violations are to be considered serious. Furthermore ...


The Influence Of Shareholders On Corporate Social Responsibility, Katherina Glac Ph.D. Jan 2014

The Influence Of Shareholders On Corporate Social Responsibility, Katherina Glac Ph.D.

Ethics and Business Law Faculty Publications

Shareholders are an important group of stakeholders influencing management and corporate activity through the two channels of shareholder activism and socially responsible investing. The main ways shareholders engage corporations on their social performance have undergone changes since the 1960s, both in their prevalence and their characteristics. In addition to providing essential background information on the two shareholder engagement strategies, this paper draws parallels with and connections to the overall historical development of Corporate Social Responsibility (CSR). This paper also highlights those organizations or events that have been pivotal in the historical development of the shareholder-CSR relationship to indicate future avenues ...


Accession To Trips And Engagement With The Pharmaceutical Industry: Brazil And India, Sharon V. Thach, Susan J. Marsnik, Anne-Marie Rizzo Jan 2014

Accession To Trips And Engagement With The Pharmaceutical Industry: Brazil And India, Sharon V. Thach, Susan J. Marsnik, Anne-Marie Rizzo

Ethics and Business Law Faculty Publications

This article examines the interaction of internal law, its framing of industry practices, and the result when international law requires changes. The widely varying role of the pharmaceutical industry in each of the two countries examined – Brazil and India - results from the way in which domestic law and industry response shaped the competitive foundations of their firms. This study also examines the role of international competition and its affects on internal efforts to satisfy both social and economic goals. The contrast between these countries provides research direction for intellectual property law and business strategy research.


Setting The Stage: Using A Simulation As A First Day Of Class Exercise, Susan J. Marsnik Jan 2014

Setting The Stage: Using A Simulation As A First Day Of Class Exercise, Susan J. Marsnik

Ethics and Business Law Faculty Publications

This chapter adds to the body of literature on pedagogical uses of jury simulation by providing an exercise that has been successfully used as a first day of class exercise. The simulation is based on elements of a typical “office romance gone bad” sexual harassment case. This chapter describes how to use the simulation. As a first day exercise, it provides an opportunity to demonstrate expectations concerning student participation, critical thinking, as well as providing group engagement and platform for getting students to know one another. In addition, the simulation provides the students with the opportunity to learn about both ...


Qualitative Study Of Business Ethics Education: Preparing Leaders To Make Ethical Decisions, Karen L. Schuder Jan 2014

Qualitative Study Of Business Ethics Education: Preparing Leaders To Make Ethical Decisions, Karen L. Schuder

Education Doctoral Dissertations in Leadership

While many business schools have taken steps to increase a greater sense of ethical values and social responsibility in response to public concern, results have been questionable as can be seen by continued unethical behaviors (Assudani, Chinta, Manolis, & Burns, 2011; Izzo, 2000; Khurana, 2007). Can ethics education help business students and professionals deal with moral dilemmas and make ethically conscious decisions in the business world? There is some contemporary research and literature assessing students and business school programs, but there is very little research connecting the business world with higher education.

The purpose of this study was to discern the relevancy of ...


Modern Risk Management: Managing Risk Through The Ethical Business Culture Model, Douglas Jondle Ph.D., T. Dean Maines, Michelle Rovang Burke, Peter Young Ph.D. Jun 2013

Modern Risk Management: Managing Risk Through The Ethical Business Culture Model, Douglas Jondle Ph.D., T. Dean Maines, Michelle Rovang Burke, Peter Young Ph.D.

Center for Ethical Business Cultures Papers and Reports

What does it mean to state that risk management is an expression of an organisation’s values? This article discusses the basis for identifying the connection between organisational values through the lens of ethical business culture and attempts to draw out linkages with current risk management thinking. The approach described allows an analytic approach to risk management to be inserted into an ethical assessment method.


Building Ethical Business Cultures: Bric By Bric, Alexandre Ardichvili, Douglas Jondle Ph.D., Jack Wiley Ph.D., Edgard Cornacchione Ph.D., Jessica Li Ph.D., Thomas Thakadipuram Ed.D. Mar 2013

Building Ethical Business Cultures: Bric By Bric, Alexandre Ardichvili, Douglas Jondle Ph.D., Jack Wiley Ph.D., Edgard Cornacchione Ph.D., Jessica Li Ph.D., Thomas Thakadipuram Ed.D.

Ethics and Business Law Faculty Publications

As the economies of Brazil, Russia, India, and China (BRICs) continue to grow both in size and clout, and their resident multinational corporations become major players in global markets, questions pertaining to trust and integrity, and of universally shared standards for ethical business behavior become important concerns for numerous stakeholders. Whether or not managers and employees behave ethically depends on how one defines ethical behavior and applies it to an organization’s culture. We start this article by discussing attributes of ethical business behavior and cultures in each of the four BRICs countries, and then present results of our recent ...


Closing-The-Loop In Assurance Of Learning Programs: Current Practices And Future Challenges., Richard J. Rexisen, Michael J. Garrison Jan 2013

Closing-The-Loop In Assurance Of Learning Programs: Current Practices And Future Challenges., Richard J. Rexisen, Michael J. Garrison

Ethics and Business Law Faculty Publications

No abstract provided.


Unmistakably Clear Coercion: Finding A Balance Between Judicial Review Of The Spending Power And Optimal Federalism, Dale B. Thompson Jan 2013

Unmistakably Clear Coercion: Finding A Balance Between Judicial Review Of The Spending Power And Optimal Federalism, Dale B. Thompson

Ethics and Business Law Faculty Publications

This Article proposes a new tier of scrutiny, unmistakably clear, for conducting judicial review of congressional authority under the Spending Clause. Under this standard, a condition would be unconstitutional only if it is unmistakably clear that it is coercive. Courts applying this standard will grant Congress significant deference, even more than rational basis review. Nonetheless, this standard does provide some limits to congressional authority, limits that were crossed by the Affordable Care Act’s Medicaid expansion condition. In order to maintain a balanced perspective, courts should apply the unmistakably clear standard to their review of congressional spending power conditions. Doing ...


Tenacity: The American Pursuit Of Corporate Responsibility, Kenneth E. Goodpaster Jan 2013

Tenacity: The American Pursuit Of Corporate Responsibility, Kenneth E. Goodpaster

Ethics and Business Law Faculty Publications

This article attempts to answer the question, “What are the most important ideas from serving as Executive Editor of the five-year history project that culminated in the book, Corporate Responsibility: The American Experience?” The ideas focus on (1) clarifying the phenomenon of tenacity; (2) looking at three foundations of our tenacity; and (3) asking “How fragile is our tenacity?” This article also presents three foundational principles that underlie the American experience of corporate responsibility. First, the Checks & Balances Principle tells us that there are checks and balances in democratic capitalism which give us confidence that the pursuit of economic goals ...


The Impact Of Study Abroad On The Development Of Pro-Environmental Attitudes., Richard J. Rexisen Jan 2013

The Impact Of Study Abroad On The Development Of Pro-Environmental Attitudes., Richard J. Rexisen

Ethics and Business Law Faculty Publications

No abstract provided.


Using Contract Negotiation Exercises To Develop Higher Order Thinking And Strategic Business Skills, Susan J. Marsnik, Dale B. Thompson Jan 2013

Using Contract Negotiation Exercises To Develop Higher Order Thinking And Strategic Business Skills, Susan J. Marsnik, Dale B. Thompson

Ethics and Business Law Faculty Publications

This article presents two contract negotiation projects for use in international business law and legal environment of business courses. Through these projects, students achieve significant educational objectives. Not only do students learn about legal concepts used in contracts, but by forcing students to consider their strategic implications, students’ comprehension progresses to higher orders of understanding. By bridging the law-skills gap, these exercises move students’ experiences up Bloom’s Taxonomy, from acquiring basic knowledge, to analyzing their situation in order to ascertain how to use these concepts to achieve strategic objectives. In addition, the “real-world” flavor of these projects makes them ...


Will The America Invents Act Post-Grant Review Improve The Quality Of Patents? A Comparison With The European Patent Office Opposition, Susan J. Marsnik Jan 2013

Will The America Invents Act Post-Grant Review Improve The Quality Of Patents? A Comparison With The European Patent Office Opposition, Susan J. Marsnik

Ethics and Business Law Faculty Publications

After six years of attempts to reform its sixty year old patent law, in September of 2011 the United States enacted The Leahy-Smith America Invents Act. The new law ushers in significant changes in U.S. patent law and practice, including moving the U.S. system towards alignment with the rest of the world by granting patents to the first inventor to file a successful patent application. It also institutes procedures for submitting patent validity questions back to the U.S. Patent and Trademark Office (PTO), including an entirely new system of post-grant opposition. Although a system of post-grant opposition ...


Modern Risk Management Through The Lens Of The Ethical Organizational Culture, Douglas Jondle Ph.D., T. Dean Maines, Michelle Rovang Burke, Peter C. Young Jan 2013

Modern Risk Management Through The Lens Of The Ethical Organizational Culture, Douglas Jondle Ph.D., T. Dean Maines, Michelle Rovang Burke, Peter C. Young

Center for Ethical Business Cultures Papers and Reports

Most recent efforts to create guidance for modern risk management practices emphasize the importance of connecting risk management policy and practice with an organization’s culture and values. However, identifying or establishing that connection is not widely discussed or understood. What does it mean to state that risk management is an expression of an organization’s values? This article discusses the basis for identifying the connection between organizational values through the lens of the Ethical Organizational Culture and attempts to draw out linkages with current risk management thinking on the subject. The stablishment of a basis of identifying organizational values ...


Will The America Invents Act Post-Grant Review Improve The Quality Of Patents? A Comparison With The European Patent Office Opposition, Susan J. Marsnik Sep 2012

Will The America Invents Act Post-Grant Review Improve The Quality Of Patents? A Comparison With The European Patent Office Opposition, Susan J. Marsnik

Ethics and Business Law Faculty Publications

After years attempting to reform its sixty-year old patent law, in September 2011 the United States enacted the Leahy-Smith America Invents Act. Significant among the changes are a number of new trial like proceedings through which third parties may challenge patentability at the U.S. Patent and Trademark office once the patent has issued. This chapter focuses on post-grant review, the broadest of the proceedings that provide an early opportunity to challenge patents. Post-grant review is meant to provide an efficient and less expensive alternative to litigation and to improve the overall quality of patents issues in the U.S ...


Heat Related Illness In Interscholastic Football: What Coaches And Athletic Administrators Need To Understand, John J. Miller, John T. Wendt Jan 2012

Heat Related Illness In Interscholastic Football: What Coaches And Athletic Administrators Need To Understand, John J. Miller, John T. Wendt

Ethics and Business Law Faculty Publications

At the start of high school football seasons reports surface that interscholastic football players had succumbed, in practice session, to varying levels of heat-related illnesses. While most of these athletes are able to recover from heat-related illnesses, some are not as lucky as there were four heatstroke deaths at the high school level as recently as 2008. In 2009, an interscholastic high school football coach was indicted on the charge of reckless homicide after one of his players fatally collapsed due to heat stroke during a practice. Because severe heat-related illnesses are entirely preventable (Binkley, Beckett,

Casa, Kleiner, Plummer, 2002 ...


Identifying Essential Principles For Catholic Health Care, T. Dean Maines, Michael J. Naughton Jan 2012

Identifying Essential Principles For Catholic Health Care, T. Dean Maines, Michael J. Naughton

Ethics and Business Law Faculty Publications

No abstract provided.


Conflict In Roles: Lying To The Ingroup Versus The Outgoing In Negotiations, Katherina Glac Ph.D., Danielle E. Warren, Chao C. Chen Jan 2012

Conflict In Roles: Lying To The Ingroup Versus The Outgoing In Negotiations, Katherina Glac Ph.D., Danielle E. Warren, Chao C. Chen

Ethics and Business Law Faculty Publications

This empirical study examines how group membership affects the likelihood of lies occurring in a two-person negotiation setting involving an experimental design with a repeated ultimatum bargaining. To better understand the reasoning of the negotiator in in-group and out-group bargaining exercises, the authors also examined perceptions of fairness in relation to offers for the in-group and out-group. The authors find that when negotiating, individuals tell lies of greater magnitude to out-group members than to ingroup members. In both situations, the magnitude of the initial lie predicts the likelihood that a concealment lie (i.e., another lie to conceal the initial ...


What Is So Morbid About Viaticals?, Katherina Glac, Jason Skirry Jan 2012

What Is So Morbid About Viaticals?, Katherina Glac, Jason Skirry

Ethics and Business Law Faculty Publications

A viatical settlement (or viatical) is a transaction in which an investor purchases the life insurance policy from a terminally ill person for a lump sum so that the investor can receive those benefits at the time of death. While there is an ongoing debate in the insurance and financial planning industry about viaticals, including the ethics of this practice, the focus has been predominantly on abuses in the course of buying and selling viaticals and less on the fundamental ethicality of the economic idea behind viaticals. This paper offers a systematic ethical analysis of viaticals that leverages the distinction ...


Animating A Catholic Health Care System, Managerial Organizations, And Communion With The Church, T. Dean Maines Jan 2012

Animating A Catholic Health Care System, Managerial Organizations, And Communion With The Church, T. Dean Maines

Veritas Institute

No abstract provided.


Drawing A Line In The Patent Subject Matter Sands: Does Europe Provide A Solution To The Software & Business Method Patent Problem?, Susan J. Marsnik, Robert Thomas Jan 2011

Drawing A Line In The Patent Subject Matter Sands: Does Europe Provide A Solution To The Software & Business Method Patent Problem?, Susan J. Marsnik, Robert Thomas

Ethics and Business Law Faculty Publications

In 2010 the Supreme Court decision in Bilski v. Kappos had the potential to completely rewrite patent subject-matter law for business methods and computer-related inventions. Earlier, the EPO’s Enlarged Board of Appeal delivered a decision on the same subject that had the potential to produce similar changes in Europe. Neither decision provided more than incremental change. Our research explains why patent systems on both sides of the Atlantic are unable or unwilling to produce comprehensive subject matter reform for business methods and software.


Immigration Policy Through The Lens Of Optimal Federalism, Dale Thompson Jan 2011

Immigration Policy Through The Lens Of Optimal Federalism, Dale Thompson

Ethics and Business Law Faculty Publications

Senate Bill 1070, the controversial immigration bill enacted by the Arizona legislature, utilizes local police to enforce Arizona‘s interpretations of immigration rules. Meanwhile, the "Utah Compact" suggests that all aspects of immigration policy should be handled by the federal government, not by states or localities. In the midst of this contentious debate, this article uses an optimal federalism framework to examine the appropriate locus for immigration policy. It compares economies and diseconomies of scale across enactment, implementation, and enforcement institutions, in order to determine the appropriate level of government for addressing these institutional aspects of immigration policy. It concludes ...


Outsourcing Reproduction: Embryos And Surrogacy Services In The Cyberprocreation Era, Dawn R. Swink, Brad Reich Jan 2011

Outsourcing Reproduction: Embryos And Surrogacy Services In The Cyberprocreation Era, Dawn R. Swink, Brad Reich

Ethics and Business Law Faculty Publications

My co-author, Brad Reich, and I have published before in the area we term "Cyberprocreation", using the Internet to facilitate human reproduction. This article specifically addresses the potential parental rights and responsibilities of parties in the rapidly growing embryo donation and surrogacy service markets. Following that analysis, we turn to potential liability for embryo and surrogate providers under causes of action such as warranty, negligence, strict product liability, and breach of contract. We conclude with predictions and recommendation for the future. Our prior Cyberprocreation work has been well received and cited.


The Next Stage Of Health Care Reform: Controlling Costs By Paying Health Plans Based On Health Outcomes, Dale B. Thompson Jan 2011

The Next Stage Of Health Care Reform: Controlling Costs By Paying Health Plans Based On Health Outcomes, Dale B. Thompson

Ethics and Business Law Faculty Publications

The predominant form of paying for health care in the United States, the Fee-for-Service system, creates inefficient incentives and has led to rising costs of health care. Scholars have suggested a number of alternative payment systems to correct these inefficiencies. Many of these suggestions were incorporated into the landmark health care reform legislation package of 2010 (Obamacare). However, because they rely on inefficient metrics of quality measurement, these proposals and the legislation itself will be insufficient to stop rising health care costs.

Instead, this article presents a specific proposal for using health outcomes to calculate risk-adjusted payments to health care ...


Ethical Decision-Making: Special Or No Different?, Dawn R. Elm Ph.D., Tara J. Radin J.D.,Ph.D. Jan 2011

Ethical Decision-Making: Special Or No Different?, Dawn R. Elm Ph.D., Tara J. Radin J.D.,Ph.D.

Ethics and Business Law Faculty Publications

Theories of ethical decision-making assume it is a process that is special, or different in some regard from typical individual decision-making. Empirical results of the most widely known theories in the field of business ethics contain numerous inconsistencies and contradictions. In an attempt to assess why we continue to lack understanding of how individuals make ethical decisions at work, an inductive study of ethical decision-making was conducted. The results of this preliminary study suggest that ethical decision-making might not be meaningfully “special” or different from other decision-making processes. The implications of this research are potentially significant in that they challenge ...


Strengthening Credit Freeze Legislation In The States: Empowering Consumers To Prevent Economic Loss From Identity Theft, Richard G. Kunkel J.D. Sep 2010

Strengthening Credit Freeze Legislation In The States: Empowering Consumers To Prevent Economic Loss From Identity Theft, Richard G. Kunkel J.D.

Ethics and Business Law Faculty Publications

This article discusses the need for laws that will help to protect consumers from economic loss caused by identity theft. It reviews the nature of the identity theft schemes, the economic losses caused and the broad extent of identity theft. Second, the article reviews exisiting law that have been largely ineffective. Third, the articles reviews the vulnerabilities of existing identification systems and risky lending practices that enable identity theft. Finally, the article proposes new state credit freeze legislation focused on economic loss prevention. Permitting consumers to obtain a security freeze on their credit reports, thereby disrupting ability of identity thieves ...