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Articles 1 - 30 of 1577

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

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 ...


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 ...


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 ...


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 ...


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.


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 ...


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 ...


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 ...


Corruption, State Capture, And The Effectiveness Of Anticorruption Agency In Post-Communist Ethiopia, Seid Y. Hassan Ph.D. Jan 2019

Corruption, State Capture, And The Effectiveness Of Anticorruption Agency In Post-Communist Ethiopia, Seid Y. Hassan Ph.D.

Faculty & Staff Research and Creative Activity

In 2001, Ethiopia established a centralised anti-corruption agency (ACA), the Federal Ethics and Anti-corruption Commission (FEACC), purportedly to be used for curbing the rampant corruption. By the government’s repeated admissions, corruption continues to engulf the country, indicating the failure of the FEACC to curb corruption. Various researchers attribute the FEACC’s failures to curb corruption to a host of reasons. This article follows a different route to show why the FEACC was doomed to fail from the outset. We show that the war against corruption in Ethiopia collapsed mainly because of mischaracterisation of the nature of corruption in the ...


Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities, Katherine C. Pearson, David M. Sarcone Jan 2019

Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities, Katherine C. Pearson, David M. Sarcone

Faculty and Staff Publications By Year

The senior living industry, through a key trade organization, LeadingAge, (formerly American Association of Homes & Services for the Aging or AAHSA), recently organized a national rebranding effort for “Continuing Care Retirement Communities.” In 2015, promoters announced “Life Plan Communities” (LPCs) as the choice for a better brand identity. Larry Minnix, the long-time CEO for LeadingAge, observed that a label such as continuing care retirement community is no longer an adequate image, explaining that the name “Life Plan Community” better represents a setting that encourages growth and new experiences, rather than an environment where residents are merely the subject of care ...


Climate Change: A Call To Action, Kathy K. Dhanda Jan 2019

Climate Change: A Call To Action, Kathy K. Dhanda

WCOB Faculty Publications

On Dec 15, 2018, in the town of Katowice, Poland, diplomats from 200 countries adopted a detailed set of rules to uphold and implement the Paris Agreement, the international treaty drafted by United Nations Framework Convention on Climate Change (UNFCCC) to reduce greenhouse gas emissions. This deal will require every country to track its emissions and climate policies by following a uniform set of standards. Furthermore, countries are to cut their emissions ahead of the next round of talks in 2020. Climate change is a complicated problem, one that will not be solved by national governments alone. A lot of ...


Aliera Healthcare, Inc., Order Entering Temporary Restraining Order, Alice D. Bonner Dec 2018

Aliera Healthcare, Inc., Order Entering Temporary Restraining Order, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Nancy Johnson Order On Certain Discovery Related Motions, Objections And Requests, Melvin Westmoreland Dec 2018

Nancy Johnson Order On Certain Discovery Related Motions, Objections And Requests, Melvin Westmoreland

Georgia Business Court Opinions

No abstract provided.


Marc Mccord, Order On Pending Discovery Motions, Alice D. Bonner Dec 2018

Marc Mccord, Order On Pending Discovery Motions, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Strategic Jubilee Et Al., Order On Pending Motions, Elizabeth E. Long Dec 2018

Strategic Jubilee Et Al., Order On Pending Motions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Transfer Of A Going Concern, Vincent Ooi Dec 2018

Transfer Of A Going Concern, Vincent Ooi

Research Collection School Of Law

GST transfers of a going concern—overviewThe sale of a business is in substance the sale of a number of assets bundled together. Generally, GST would be charged on the transfer of each asset according to the rules applicable to that asset, i.e. standard-rate, zero-rate or exempt.However, where a business is transferred as a going concern (a “TOGC”), the transaction may be treated as an excluded transaction under the Goods and Services Tax (Excluded Transactions) Order. If so, the trans-action would be treated as neither a supply of goods nor a supply of services and therefore outside the ...


Bh Hasid Llc, Order On Pending Motions And Setting Hearing, Alice D. Bonner Nov 2018

Bh Hasid Llc, Order On Pending Motions And Setting Hearing, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Robert L. Nix Order Regarding Motion For Substitution Of Party, John J. Goger Nov 2018

Robert L. Nix Order Regarding Motion For Substitution Of Party, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Gus H. Small Et Al., Order Regarding Expert Discovery Dispute, John J. Goger Nov 2018

Gus H. Small Et Al., Order Regarding Expert Discovery Dispute, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Church Planting In An African-American Context: A Guide For Independent Reformations, Ray J. Johnson Nov 2018

Church Planting In An African-American Context: A Guide For Independent Reformations, Ray J. Johnson

Doctor of Ministry Projects

The purpose of this doctoral project is to provide a set of contextual churchplanting strategies for African-American episcopal and pastoral leaders who will launch, develop and grow spiritually healthy leaders and churches. The church-planting movement of Calvary Revival Churches (hereafter CRC) is located in southeastern Virginia. The area’s independent cities mirror the boroughs of New York City. The CRC brand launched four churches with five campuses spread throughout the Hampton Roads region. To date only two CRC church campuses remain. The expansiveness of suburban sprawl and residential centers coupled with centralized commercial services have always left disconnected and disenfranchised ...


Tara Scott Et Al., Order On Plaintiffs' Motion To Dismiss Counterclaims, Elizabeth E. Long Nov 2018

Tara Scott Et Al., Order On Plaintiffs' Motion To Dismiss Counterclaims, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


John Souza Et Al., Order On Plaintiffs' Second Motion To Compel And Motion For Sanctions, Elizabeth E. Long Nov 2018

John Souza Et Al., Order On Plaintiffs' Second Motion To Compel And Motion For Sanctions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Ruby Tuesday, Inc., Consent Protective Order And Clawback Order, John J. Goger Nov 2018

Ruby Tuesday, Inc., Consent Protective Order And Clawback Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.


A Capability-Based View Of Boards: A New Conceptual Framework For Board Governance, Patricia Klarner, Toru Yoshikawa, Michael Hiit Nov 2018

A Capability-Based View Of Boards: A New Conceptual Framework For Board Governance, Patricia Klarner, Toru Yoshikawa, Michael Hiit

Research Collection Lee Kong Chian School Of Business

A key role of board directors is to govern corporate strategy. Whereas prior research has provided insights into board roles and activities regarding board governance, the underlying capabilities required to govern effectively remain understudied. This article explores and explicates a capability-based view of board actions in which the specific capabilities that enable boards to govern strategic activities are identified. We specifically examine the conceptual foundations and different types of board capabilities, drawing on illustrative cases as well as information from interviews with board directors in the United States, Asia, and Europe. We then discuss several future research directions that can ...


Omar Abdel-Aleem Et Al., Order Granting Motion To Disqualify, Melvin Westmoreland Oct 2018

Omar Abdel-Aleem Et Al., Order Granting Motion To Disqualify, Melvin Westmoreland

Georgia Business Court Opinions

No abstract provided.


Suntrust Banks, Inc. Et Al., Order On Movant Insurers' Motions Related To Suntrust's Bad Faith Claim (Count Ix), John J. Goger Oct 2018

Suntrust Banks, Inc. Et Al., Order On Movant Insurers' Motions Related To Suntrust's Bad Faith Claim (Count Ix), John J. Goger

Georgia Business Court Opinions

No abstract provided.


Equitrade International, Inc Order Granting Motion To Compel, John J. Goger Oct 2018

Equitrade International, Inc Order Granting Motion To Compel, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Cambridge Winerton, Llc Order On Pending Motions, Alice D. Bonner Oct 2018

Cambridge Winerton, Llc Order On Pending Motions, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Ainealem "Alex" Gidewon Order Denying Plaintiffs' Motion To Compel And Granting 990 Brady A Venue, Llc's Motion For Protective Order, John Goger Oct 2018

Ainealem "Alex" Gidewon Order Denying Plaintiffs' Motion To Compel And Granting 990 Brady A Venue, Llc's Motion For Protective Order, John Goger

Georgia Business Court Opinions

No abstract provided.