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

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.


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.


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 ...


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 ...


Navigating Sino-American Business Relationships, Ryan Stenquist Jan 2019

Navigating Sino-American Business Relationships, Ryan Stenquist

Marriott Student Review

Relationships between American and Chinese companies have never been more important or profitable as they are now. With linguistic, moral, governmental, and legal systems developed entirely independent of each other for thousands of years, these relationships also prove the most difficult and complex to navigate. This article explores mistakes foreigners often make while doing business in China, the current environment and culture of joint ventures with native Chinese, and how to succeed in the challenging yet rewarding economy now opening up to the world.


Accountability And Moral Competence Promote Ethical Leadership, Kassem A. Ghanem, Patricia A. Castelli Jan 2019

Accountability And Moral Competence Promote Ethical Leadership, Kassem A. Ghanem, Patricia A. Castelli

The Journal of Values-Based Leadership

Accountability and moral competence are two factors that may have a positive effect on ethical leadership in organizations. This study utilized a survey methodology to investigate the relationship among accountability, moral competence and ethical leadership in a sample of 103 leaders from a variety of industries and different countries. Accountability was found to be a significant positive predictor of ethical leadership. Moral competence was also found to moderate this relationship such that increases in moral competence enhanced the positive effects of accountability on ethical leadership. The results of the study suggest that organizations can increase ethical leadership throughout the company ...


Curb Your Enthusiasm: The Rise Of Hedge Fund Activist Shareholders And The Duty Of Loyalty, Soo Young Hong Jan 2019

Curb Your Enthusiasm: The Rise Of Hedge Fund Activist Shareholders And The Duty Of Loyalty, Soo Young Hong

Fordham Journal of Corporate & Financial Law

Shareholder activism has been a growing problem in the corporate world, creating numerous dilemmas for the board of directors of companies. Activist shareholders can unsettle a company, pressuring the directors to make decisions according to the course of business the activists would prefer, and thus interfering with the traditional role of directors as the decision-makers of a company. With this new development in the business world, legal scholars have been debating if this activism needs to be controlled and, if so, what measures can be taken to reach a balance. This Note examines the traditional corporate principles such as the ...


The Eighteenth Annual Albert A. Destefano Lecture On Corporate, Securities, & Financial Law At The Fordham Corporate Law Center: Corwin V. Kkr Financial Holdings Llc— An “After-Action Report”, The Honorable Joseph R. Slights Iii, Matthew Diller Jan 2019

The Eighteenth Annual Albert A. Destefano Lecture On Corporate, Securities, & Financial Law At The Fordham Corporate Law Center: Corwin V. Kkr Financial Holdings Llc— An “After-Action Report”, The Honorable Joseph R. Slights Iii, Matthew Diller

Fordham Journal of Corporate & Financial Law

No abstract provided.


List Voting’S Travels: The Importance Of Being Independent In The Boardroom, Maria Lucia Passador Jan 2019

List Voting’S Travels: The Importance Of Being Independent In The Boardroom, Maria Lucia Passador

Fordham Journal of Corporate & Financial Law

The life of the law, especially with regard to corporations, is strongly influenced by experience and practice. The board, a living element of corporate law, is therefore one of the most noteworthy aspects to be studied, given its relevant implications and role as the lifeblood of scholarly debates.

This Article offers a novel contribution to the assessment of list voting, a fairly unique Italian system that has been increasingly appreciated by institutional investors. A hand-picked dataset that stretches from 2005 to 2015 shows a positive correlation between minority-appointed directors in the boardroom and dividend payouts. Furthermore, the findings shed light ...


Small Business Fintech Lending: The Need For Comprehensive Regulation, Lenore Palladino Jan 2019

Small Business Fintech Lending: The Need For Comprehensive Regulation, Lenore Palladino

Fordham Journal of Corporate & Financial Law

The 28.7 million small businesses in the United States—99% of all American businesses—are the backbone of the American economy. Historically, small businesses relied on community banks for their credit needs. Over the last decade, however, small businesses increasingly have turned to “fintech” lenders—nonbank lenders that are largely unregulated. Nonbank consumer lending is governed by consumer protection statutes, but nonbank small business lending is outside of any clear regulatory framework that would protect borrowers from potentially predatory practices. This Article argues that the optimal regulatory regime is a combination of both state authority over fintech lenders and ...


The Consumer Financial Protection Bureau: A Novel Agency Design With Familiar Issues, Thomas Arning Jan 2019

The Consumer Financial Protection Bureau: A Novel Agency Design With Familiar Issues, Thomas Arning

Fordham Journal of Corporate & Financial Law

This Note examines the structure of the Consumer Financial Protection Bureau, with a specific focus on its single-director structure. The balance of authority between agencies and the three branches of government has been a point of contention for generations, especially since the early twentieth century. This area of the law became even more contested following the financial crisis in 2008. As part of the response to the perceived abuses that led to the global recession, Congress created the Consumer Financial Protection Bureau, ultimately opting to give it a single director as opposed to a board structure. Proponents of this regime ...


The Influence Of Law-And-Economics On The Ideological Center Of Civil Society – The New American Formalism With A European Counterpoint, Sebastian Ciobotaru Jan 2019

The Influence Of Law-And-Economics On The Ideological Center Of Civil Society – The New American Formalism With A European Counterpoint, Sebastian Ciobotaru

Washington University Global Studies Law Review

Law-and-economics has been the dominant methodology in United States’ adjudication and law commentary for nearly 35 years. Because of its efficiency-only approach, law-and-economics has transformed the law itself from the impartial anchor of our social system into a political tool that legitimizes a new “false center.” Consequently, by failing in its role as a neutral force immune to political bias, the practice of law as advocated by law-and-economics constantly aids the neoliberal counter-revolution to commodify most aspects of our lives and foster a generation of corporate consumers bereft of traditional notions of liberty and autonomy. The main drive behind this ...


Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson Dec 2018

Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson

St. Mary's Journal on Legal Malpractice & Ethics

Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities ...


“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona Dec 2018

“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona

Journal of Legislation

No abstract provided.


New Partnering Opportunities For The Nonprofit Sector, Kathleen M. Wilburn, H. Ralph Wilburn Nov 2018

New Partnering Opportunities For The Nonprofit Sector, Kathleen M. Wilburn, H. Ralph Wilburn

Journal of Vincentian Social Action

Consumers are demanding that corporations practice social responsibility. In order to meet this demand and keep their activist stockholders satisfied that they are still focused on profit and dividends, many corporations have established foundations that operate separately from the company. The foundations provide grants to nonprofits that can help the corporations fulfill their social responsibility, but, unlike prior philanthropic programs, these grants are based on developing partnerships with nonprofits that share the corporations’ social mission. There is also a group of smaller companies that nonprofits can partner with, the Benefit Corporation, as well as a new certification called the B ...


Divorcing Your Job French Style: An Argument To End At Will Employment In The United States, Vincent Agnello, Nicole Stolowy, Joseph F. Winter Nov 2018

Divorcing Your Job French Style: An Argument To End At Will Employment In The United States, Vincent Agnello, Nicole Stolowy, Joseph F. Winter

Journal of Vincentian Social Action

The United States and France are at opposite ends of the spectrum in protecting employees from employment termination. France has developed an elaborate regulatory and judicial scheme to protect workers, while the U.S. still allows workers to be in an at will relationship with their employers. In France employment is deemed to be permanent. In the U.S., workers are employed at the whim of their employer. In a major shift of policy, France adopted legislation allowing parties to enter into voluntary employment separation agreements. To protect against abuse, all settlement agreements are subject to court review for approval ...


Not So "Clean Diesel"-- How Germany's Protection Of Industry Risks The Health Of Its Citizens, Thomas White Oct 2018

Not So "Clean Diesel"-- How Germany's Protection Of Industry Risks The Health Of Its Citizens, Thomas White

William & Mary Environmental Law and Policy Review

“Clean Diesel.” This was the tagline of a significant advertising campaign that Volkswagen (“VW”) debuted in 2008. These advertisements attempted to counter the notion that diesel engines are dirty and polluted the air. It featured older women in Volkswagens discussing tales of what they knew about diesel engines (a play off the phrase “old wives tales”). At the time of airing, few could have predicted what was to come for VW and their eventual diesel engine scandal, the fallout of which is still ongoing at the time of writing this Note. As this Note will show, the myth of the ...


Complete Issue. Volume 1, Issue 2 Oct 2018

Complete Issue. Volume 1, Issue 2

Journal of International Crisis and Risk Communication Research

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


Consumer Welfare And Price Discrimination: A Fine Line, Marie Wallmark, Eyal Greenberg, Dan Engels Jul 2018

Consumer Welfare And Price Discrimination: A Fine Line, Marie Wallmark, Eyal Greenberg, Dan Engels

SMU Data Science Review

Traditionally, it was not feasible for businesses to determine the maximum price the buyer was willing to pay, but with the availability of big data and the deployment of sophisticated algorithms, with a great degree of precision businesses can ascertain the maximum willingness price. Some forms of price discrimination are prohibited under the Robinson-Patman Act of Antitrust (1890), provided demographic characteristics such as race and gender are the determining factors. The problem with this interpretation is that sellers are not transparent about what factors are taken into consideration when determining price. Current laws are either limited in their interpretation or ...


Methodology And Applications Of Christian Leadership Ethics, Elmar Nass, Ellen Kreuer Jul 2018

Methodology And Applications Of Christian Leadership Ethics, Elmar Nass, Ellen Kreuer

The Journal of Values-Based Leadership

A fundamental methodology for Christian leadership ethics will be proposed, which has long been pending in the discourse on ethical leadership. It is necessary to first clarify what characterizes leadership ethics, and secondly, what Christian leadership ethics imply and how this methodology should be classified with regard to alternative paradigms. Thirdly, the practical impact for selected areas of application will be pointed out. It will be demonstrated that leadership ethics in general is based on a transparent basis of values and apply to specific scopes. It defines the relationship between economic efficiency and human utility in a narrower sense as ...


When Making Money Is More Important Than Saving Lives: Revisiting The Ford Pinto Case, Stuart Strother Jun 2018

When Making Money Is More Important Than Saving Lives: Revisiting The Ford Pinto Case, Stuart Strother

Journal of International & Interdisciplinary Business Research

Despite a long tradition of ethics training in business colleges, managers commonly make unethical business decisions. This paper reports a five-year study of ethical decision making of business students (n = 192). In an undergraduate microeconomics course, students were presented with financial data from the infamous Ford Pinto case where defective engineering, coupled with unethical management behavior, resulted in a number of fiery fatalities. Facing the decision to repair the cars or pay the estimated costs of lost wrongful death lawsuits, 56.8% of students chose to pay for the deaths. This paper describes the classroom experiment and uses logistic regression ...


Partner-Centered Evaluation Capacity Building: Findings From A Corporate Social Impact Initiative, Lisa Frantzen, Julie Solomon, Laura Hollod Jun 2018

Partner-Centered Evaluation Capacity Building: Findings From A Corporate Social Impact Initiative, Lisa Frantzen, Julie Solomon, Laura Hollod

The Foundation Review

Funders can play a proactive role in helping to fill the gap between funders’ expectations and nonprofits’ ability to evaluate grant results. Using a partner-centered design, Johnson & Johnson piloted an evaluation capacity-building initiative that supported eight grantees in strengthening their ability to measure and use findings concerning health-related outcomes, by focusing on key evaluation challenges identified by the grantees.

Grantees’ approaches to capacity building naturally grouped around the areas of evaluation- framework development, data-systems strengthening, and staff training. Through individualized projects, grantees increased their ability to both do and use evaluation.

This article describes the design, implementation, and results of ...


Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair Jun 2018

Domestic Asset Tracing And Recovery Of Hidden Assets And The Spoils Of Financial Crime, Nathan Wadlinger, Carl Pacini, Nicole Stowell, William Hopwood, Debra Sinclair

St. Mary's Law Journal

Abstract forthcoming


The Wall Street Gap: A Theoretical Analysis Of Company Valuation Discrepancy, Peter Twomey May 2018

The Wall Street Gap: A Theoretical Analysis Of Company Valuation Discrepancy, Peter Twomey

Undergraduate Economic Review

Examination of prior research suggests that affiliated sell-side analysts are subject to conflicts of interest that cause them to issue optimistically biased stock recommendations for investment banking clients. Using a sample of public technology companies, I find that analysts have a theoretical discrepancy of up to 26% when valuing companies using a discounted cash flow model, and a 19-22% theoretical discrepancy when using comparable company analysis. I showcase how conventional valuation methodologies can allow sell-side analysts significant leeway that can be used to further unethical agendas and draw conclusions around the usefulness of regulatory intervention in the financial services industry.


China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow May 2018

China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow

Texas A&M Law Review

China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not ...


Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey Apr 2018

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land & Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution actions ...


Comparative Study: Reducing Cost To Manage Accessibility With Existing Data, Claire Chu, Bill Kerneckel, Eric C. Larson, Nathan Mowat, Christopher Woodard Apr 2018

Comparative Study: Reducing Cost To Manage Accessibility With Existing Data, Claire Chu, Bill Kerneckel, Eric C. Larson, Nathan Mowat, Christopher Woodard

SMU Data Science Review

“Project Sidewalk” is an existing research effort that focuses on mapping accessibility issues for handicapped persons to efficiently plan wheelchair and mobile scooter friendly routes around Washington D.C. As supporters of this project, we utilized the data “Project Sidewalk” collected and used it to confirm predictions about where problem sidewalks exist based on real estate and crime data. We present a study that identifies correlations found between accessibility data and crime and housing statistics in the Washington D.C. metropolitan area. We identify the key reasons for increased accessibility and the issues with the current infrastructure management system. After ...


Four Imperatives Driving Business Schools To Adopt Mobile Content Delivery, Toni P. Mulvaney, Frank J. Cavaliere, Melissa M. Baldo Apr 2018

Four Imperatives Driving Business Schools To Adopt Mobile Content Delivery, Toni P. Mulvaney, Frank J. Cavaliere, Melissa M. Baldo

Southwestern Business Administration Journal

Look around at people on any sidewalk, school hallway, classroom, and, most disturbingly, any car around yours on the road. You know that you are likely to see a staggering percentage of those people staring into the screen of a “smart” phone. Millennials and post-millennials are constantly “connected.” The Millennials even connect during class; at best to fact-check their teachers, at worst, to check the latest updates on Facebook. It will only get worse with the soon to arrive Post-Millennials who have been termed “millennials on steroids” by Lucie Green, the worldwide director of the Innovation Group at J. Walter ...


Two-Pronged Approach To Imbedding Values In Organizations, Evans Lusuli Apr 2018

Two-Pronged Approach To Imbedding Values In Organizations, Evans Lusuli

The Siegel Institute Journal of Applied Ethics

The purpose for this paper is to argue that in order to successfully implement values and develop an ethically conscious or morally intelligent organizations, a two-pronged strategy must be adopted. A two-pronged strategy is an approach that seeks to imbed ethical values at both the organizational level – which, in this case includes the organization’s leadership, and empowering employees at the individual level to do what Mary Gentile (2010) describes in her book, as giving voice to values. Empowering employees to speak their minds when they know what is right is an avenue that enables employees to imbed ethical values ...


Dealing With Un(Expected) Ethical Dilemma: Experience From The Field, Zaleha Othman 6762207, Fathilatul Zakimi Abdul Hamid Apr 2018

Dealing With Un(Expected) Ethical Dilemma: Experience From The Field, Zaleha Othman 6762207, Fathilatul Zakimi Abdul Hamid

The Qualitative Report

Despite the growing interest in qualitative research and discussion of ethics, there has been little focus in the literature on the specific ethical dilemmas faced by researchers. In this paper, we share our fieldwork experiences regarding the ethical dilemmas that we encountered while doing research on a sensitive topic. Specifically, we share some of the ethical dilemmas, that is, concerning confidentiality, anonymity, legitimacy, controversial data, interpretation and off-the-record data, which emerged from the research. Most importantly, this paper shares ideas concerning how researchers might deal with ethical issues while preserving their integrity in the research process. Overall, this paper suggests ...