Business Law, Public Responsibility, and Ethics Commons^™

Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch

Management Faculty Publications and Presentations

Location technologies allow employers to monitor the location of employees. The technologies range from global positioning systems able to determine outdoor locations worldwide to sensor networks able to determine locations within buildings. Few international laws and no American laws directly address location monitoring. International privacy laws, the Electronic Communications Privacy Act, the USA Patriot Act and other laws involving Internet and e-mail monitoring might provide the pattern for future location monitoring legislation. Ethical considerations such as privacy, accuracy, inconsistency, security, and reputation also may affect future legislation. In writing corporate policies governing location monitoring, the employer’s business interests may outweigh …

Corporate Shaming Revisited: An Essay For Bill Klein, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Intellectual Capital Performance And Cash-Based Incentive Payments: Impact Of Remuneration Committee And Corporate Governance Features, Jean-Luc Wolfgang Mitchell Van Der Zahn, Inderpal Singh, Alistair Brown

Research Collection School Of Accountancy

No abstract provided.

Medical Malpractice And The Insurance Underwriting Cycle, Tom Baker

All Faculty Scholarship

No abstract provided.

Institutional Competition To Regulate Corporations: A Comment On Macey, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Stephen Choi, Jill E. Fisch, A. C. Pritchard

All Faculty Scholarship

When Congress enacted the Private Securities Litigation Reform Act in 1995 (“PSLRA”), the Act’s “lead plaintiff” provision was the centerpiece of its efforts to increase investor control over securities fraud class actions. The lead plaintiff provision alters the balance of power between investors and class counsel by creating a presumption that the investor with the largest financial stake in the case will serve as lead plaintiff. The lead plaintiff then chooses class counsel and, at least in theory, negotiates the terms of counsel’s compensation.

Congress’s stated purpose in enacting the lead plaintiff provision was to encourage institutional investors—pension funds, mutual …

Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton

All Faculty Scholarship

No abstract provided.

Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Basel Ii And The Need For Bank Distress Resolution Procedures, Clas Wihlborg

Business Faculty Articles and Research

It is argued that without increased market discipline Basel II is not likely to resolve the regulatory problem caused by explicit and implicit guarantees of depositors and other creditors of banks. One way to enhance market discipline is to implement proposals for mandatory subordinated debt. For these proposals to achieve their objective, the non-insurance of holders of subordinated debt must be credible. Increased credibility of non-insurance of one or several groups of creditors could be enhanced if distress resolution procedures for banks were pre-specified, and if they made possible bank failures without serious disruption of the financial system. The existence …

Solving The Bargaining Democracy Problem Using A Constitutional Hierarchy Of Law, Clas Wihlborg

Business Faculty Articles and Research

In the “bargaining democracy” groups form coalitions that are able to grant benefits to themselves through legislation. These benefits may lack popular support. A constitutional hierarchy of conflicting laws is proposed to resolve this democratic problem. In the hierarchy more “rule-oriented” legislation dominate. The hierarchy would create a momentum of the political process towards more rule-oriented legislation and policy debate. The difficulty of defining a rule operationally is overcome by limiting the task of a constitutional court to simply rank conflicting policy actions in terms of criteria for rules.

Ownership Structure, Investment Behaviour And Firm Performance In Japanese Manufacturing Industries, Eric Gedajlovic, Toru Yoshikawa, Motomi Hashimoto

Research Collection Lee Kong Chian School Of Business

Using data spanning the 1996-98 fiscal years of 247 of Japan's largest manufacturers, we empirically evaluate the extent to which a firm's investment behaviour and financial performance are influenced by its ownership structure. To do so, we examine six distinct categories of Japanese shareholders: foreign investors, investment funds, pension funds, banks and insurance companies, affiliated companies and insiders. Our findings strongly indicate that the relationship between the equity stakes of a particular category of investor and a firm' s financial performance and investment behaviour is considerably more complex than is depicted in simple principal-agent representations. Such a result emphasizes the …

Voluntary Decisions On Audit Committee Composition And Expertise And The Influence Of Board Of Director Characteristics: Further Evidence From Singapore, Jean-Luc Wolfgang Mitchell Van Der Zahn, Inderpal Singh

Research Collection School Of Accountancy

No abstract provided.

Pathologies Of Accountability: Icann And The Challenge Of “Multiple Accountabilities Disorder”, Jonathan Koppell

Jonathan GS Koppell

Accountability is a core concept of public administration, yet disagreement about its meaning is masked by consensus on its importance and desirability. This article proposes a five-part typology of accountability conceptions. Transparency, liability, controllability, responsibility, and responsiveness are defined as distinct dimensions of accountability, providing an improvement on the current state of conceptual fuzziness. The typology provides a vocabulary for the core argument: that conflicting expectations borne of disparate conceptions of accountability undermine organizational effectiveness. This phenomenon—labeled multiple accountabilities disorder— is illustrated with a case study. ICANN, the Internet Corporation for Assigned Names and Numbers, is a nascent organization charged …

Nonprofits At The Crossroad: Embrace Change, Learn To Compete, Art Stewart

Art Stewart

The tide of continuous change brought on by the impact of a global marketplace is impacting the fundamental way we conduct our relationships, commerce, and civic engagement as well as the formation and implementation of our public policy, and the manner in which we define and exercise our belief systems. Competition is now essential to acquiring what we need on both a personal and communal basis. We compete in the way we relate to each other - vying for attention and engagement, loyalty and trust, and physical needs. We compete in our civic engagement - striving for numbers of supporters, …

"Myth & Mystique: Growth Brands Are All About Marketplace Behavior", Art Stewart

Art Stewart

No abstract provided.

Re-Claiming Authentic Leadership For Nonprofit Sustainability, Art Stewart

Art Stewart

In the past few years, we have witnessed stunning examples of great - and greatly flawed - leadership that has contributed to a new norm of regulation and accountability, breached stakeholder trust, and dubious public confidence. No consensus is needed to acknowledge that the nonprofit sector has suffered from a lack of leadership, whether it is social service agencies, advocacy organizations, charities and foundations, philanthropic institutions or associations. Many top executives of nonprofit organizations have displayed consistent shortcomings in vision, courage, responsibility, and commitment. Still too, many others have exercised impressive perseverance in the name of service, education, and social …

Insider Trading Around New Drug Approvals, Todd A. Finkle, Laurence Blose, Reinhold Lamb

Todd A Finkle

“La Noción De 'Consumidor' En El Derecho Comunitario Del Consumo”, Luis González Vaqué

Luis González Vaqué

No abstract provided.