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Business Law, Public Responsibility, and Ethics Commons

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2005

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Articles 31 - 54 of 54

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

Europe, Spain, And The Future Of Spanish Multinational Firms, Mauro F. Guillén Jan 2005

Europe, Spain, And The Future Of Spanish Multinational Firms, Mauro F. Guillén

Management Papers

The last fifteen years or so have witnessed a major transformation of Spanish businesses. After decades of protectionism and isolation, virtually all of them are now exposed to the winds of international competition; nearly a thousand have invested abroad in order to exploit the opportunities inherent in operating across borders. As a result, Spain has become one of the ten largest foreign direct investors in the world, with key consequences for the country's economy, financial system, diplomacy, image and society, as well as for Europe.


Medical Malpractice And The Insurance Underwriting Cycle, Tom Baker Jan 2005

Medical Malpractice And The Insurance Underwriting Cycle, Tom Baker

Faculty Scholarship at Penn Law

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 Jan 2005

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

Faculty Scholarship at Penn Law

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 ...


Environmental Trade Measures, The Shrimp-Turtle Rulings, And The Ordinary Meaning Of The Text Of The Gatt, Howard F. Chang Jan 2005

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

Faculty Scholarship at Penn Law

No abstract provided.


Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton Jan 2005

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

Faculty Scholarship at Penn Law

No abstract provided.


The Psychological Foundation For An Integrated Course In Law And Ethics, Richard Mcgowan Jan 2005

The Psychological Foundation For An Integrated Course In Law And Ethics, Richard Mcgowan

Scholarship and Professional Work - Business

Centuries ago, Thomas Aquinas noted that “human reason must proceed from the precepts of the natural law as from certain common and indispensable principles to other more particular dispositions” (ST I-II, 91, 3) He said that “because of the uncertainty of human judgment, especially in contingent and particular matters, it happens that different decisions are made about different human acts so that laws are often divergent and even contradictory.” (91, 4) To the casual reader, Thomas might be endorsing a position akin to ethical relativism but Thomas finds little to endorse about that position: “the truth is the same for ...


The New Dividend Puzzle, William W. Bratton Jan 2005

The New Dividend Puzzle, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


How Do Corporations Play Politics? The Fedex Story, Jill E. Fisch Jan 2005

How Do Corporations Play Politics? The Fedex Story, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch Jan 2005

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 ...


Basel Ii And The Need For Bank Distress Resolution Procedures, Clas Wihlborg Jan 2005

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 Jan 2005

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 Jan 2005

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 ...


Gambling Amongst Gaming Venue Employees: Counsellors’ Perspectives On Risk And Protective Factors In The Workplace, Nerilee Hing, Helen Breen Jan 2005

Gambling Amongst Gaming Venue Employees: Counsellors’ Perspectives On Risk And Protective Factors In The Workplace, Nerilee Hing, Helen Breen

School of Tourism and Hospitality Management

This paper reports on Stage One of a project examining the gambling behaviour of employees in Queensland gaming venues and how aspects of their workplace might influence that behaviour, to identify how gaming venues can provide a work environment that encourages responsible gambling amongst employees. From interviews with 32 gambling counsellors, 40 risk factors for gambling problems, 15 protective factors against gambling problems and 14 venue strategies for encouraging responsible gambling amongst employees were identified. A number of broad conclusions can be reached. First, staff who work in gaming venues appear an at-risk group for problem gambling. Second, this risk ...


Giving The Gamblers A Voice: The Perceived Efficacy Of Responsible Gambling Practices In Nsw Clubs, Nerilee Hing Jan 2005

Giving The Gamblers A Voice: The Perceived Efficacy Of Responsible Gambling Practices In Nsw Clubs, Nerilee Hing

School of Tourism and Hospitality Management

This paper analyses qualitative data gathered from 339 patrons of ten NSW clubs via a survey assessing their perceived efficacy of venue-based responsible gambling measures. Analysis of over 25,000 words of ‘additional comments’ from these patrons yielded 541 comments, subsequently grouped into 17 themes and 56 sub-themes. Each is summarised, drawing heavily on the respondents’ verbatim comments to convey the sentiments and emotions expressed. As such, this paper gives a voice to one important, but often overlooked, stakeholder group in the gambling debate – the gamblers themselves. Most respondents were critical of governments and gambling venues in their focus on ...


Information Technology Ethics: A Research Framework, Richard V. Mccarthy, Leila Halawi, Jay E. Aronson Jan 2005

Information Technology Ethics: A Research Framework, Richard V. Mccarthy, Leila Halawi, Jay E. Aronson

Publications

Information technology has become so pervasive that opportunities for abuses abound. IT Ethics has taken on increasing importance as the size and complexity of IT issues continues to grow. This paper outlines a research framework to analyze: Do significant ethical differences exist amongst undergraduate and graduate MIS students?


Discussion Of Audit Research After Sarbanes-Oxley, Joseph Carcello Dec 2004

Discussion Of Audit Research After Sarbanes-Oxley, Joseph Carcello

Joseph V. Carcello

No abstract provided.


Pathologies Of Accountability: Icann And The Challenge Of “Multiple Accountabilities Disorder”, Jonathan Koppell Dec 2004

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 ...


Auditors’ Reporting Options And Client Disclosure Quality, Joseph Carcello, Jing Lin, K. Raghunandan Dec 2004

Auditors’ Reporting Options And Client Disclosure Quality, Joseph Carcello, Jing Lin, K. Raghunandan

Joseph V. Carcello

Auditors, legislators, and others have recently suggested that audit-reporting options be expanded so as to provide better information about expected future events. However, the last action by the Auditing Standards Board (ASB) related to auditor reporting was to reduce the reporting options available to the auditor. In this paper, we examine if the quality of footnote disclosures about pending litigation related loss contingencies deteriorated after SAS No. 79 removed the option available to auditors to issue a modified audit report for uncertainties. We find that there is no difference in the quality of disclosures in periods before and after SAS ...


Offshoring In The New Global Political Economy, David L. Levy Dec 2004

Offshoring In The New Global Political Economy, David L. Levy

David L. Levy

This essay challenges claims by economists and management scholars that ‘offshoring’ is simply another form of trade with mutual benefits. I argue that reducing wages through offshoring leads to wealth creation for shareholders but not necessarily for countries and employees, and that many displaced workers have difficulty ‘trading up’ to higher skilled jobs. Offshoring is a new phenomenon that entails the organizational and technological ability to relocate specific tasks and coordinate a geographically dispersed network of activities. It decouples the linkages between economic value creation and geographic location. The result is the creation of global commodity markets for particular skills ...


“La Noción De 'Consumidor' En El Derecho Comunitario Del Consumo”, Luis González Vaqué Dec 2004

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

Luis González Vaqué

No abstract provided.


Nonprofits At The Crossroad: Embrace Change, Learn To Compete, Art Stewart Dec 2004

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, empathy for ...


"Myth & Mystique: Growth Brands Are All About Marketplace Behavior", Art Stewart Dec 2004

"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 Dec 2004

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 change that ...


Insider Trading Around New Drug Approvals, Todd A. Finkle, Laurence Blose, Reinhold Lamb Dec 2004

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

Todd A Finkle

This paper examines the stock market reaction to 167 FDA announcements of new drug approvals during the period 1980 - 1999. Using an event study methodology, the study finds that there are significant positive abnormal returns on the day of the announcement of new drug approvals. However, there is no evidence of significant positive returns prior to the announcement. Accordingly, the paper concludes that any buying pressure arising from insiders anticipating the approval announcement does not affect the value of the stock. Significant returns do not occur until after the announcement, which is consistent with the behavior of an efficient market.