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Business Law, Public Responsibility, and Ethics Commons

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2009

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Articles 1 - 30 of 135

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

Racial Discrimination In Business Transactions, Robert E. Suggs Dec 2009

Racial Discrimination In Business Transactions, Robert E. Suggs

Robert E. Suggs

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure ...


Organizational Values, Social Responsibility, And Corporate Citizenship: The Case Of Nevada State College, Grace S. Thomson Dec 2009

Organizational Values, Social Responsibility, And Corporate Citizenship: The Case Of Nevada State College, Grace S. Thomson

Dr. Grace S. Thomson

Organizational Values, Social Responsibility, and Corporate Citizenship Organizations contribute more than products and services to the society. The generation of jobs, creation of wealth and satisfaction of needs are only a portion of the influence that organizations have in a community. Likewise, organizations are increasingly engaging in social responsible initiatives to respond to the concerns of their various stakeholders (Aguilera, Rupp, Williams, & Ganapathi, 2007). Organizations with a genuine interest for social responsibility and citizenship possess value systems that articulate and integrate these social motives into their corporate strategy (Graber & Kilpatrick, 2008). Higher education institutions in the United States face the ...


Sme Exchanges Platforms, Yogendra Sisodia Dec 2009

Sme Exchanges Platforms, Yogendra Sisodia

Yogendra Sisodia

Small & Medium Enterprise Exchange. Global Scenario (LSE-AIM, Luxembourg Stock Exchange). Indian Scenario (OTCEI, Indonext).


Legally Speaking--Legal Implications Of Reference Books For Publishers And Consumers, Bryan M. Carson Dec 2009

Legally Speaking--Legal Implications Of Reference Books For Publishers And Consumers, Bryan M. Carson

DLPS Faculty Publications

No abstract provided.


Pb1787-Liability And Agritourism - Implications Of Tennessee's 2009 Legislation, The University Of Tennessee Agricultural Extension Service Dec 2009

Pb1787-Liability And Agritourism - Implications Of Tennessee's 2009 Legislation, The University Of Tennessee Agricultural Extension Service

Marketing, Finances and Value-Added Agriculture

Agritourism is a growing industry in Tennessee, as farmers seek new enterprises to generate revenue and consumers seek educational and recreational opportunities or farm-fresh products. A combination of agriculture and tourism, agritourism creates opportunities as well as challenges.

Liability is a signifi cant concern for farmers who operate agritourism enterprises. A landowner who opens his or her land to the public faces the risk that he or she could be considered liable if someone is injured while on the property.

Over the last few years, several states have enacted legislation to limit the liability of agritourism operators with regard to ...


A Study Of Current Practice Of Corporate Social Responsibility (Csr) And An Examination Of The Relationship Between Csr And Financial Performance Using Structural Equation Modelling (Sem), Lorraine Sweeney Dec 2009

A Study Of Current Practice Of Corporate Social Responsibility (Csr) And An Examination Of The Relationship Between Csr And Financial Performance Using Structural Equation Modelling (Sem), Lorraine Sweeney

Doctoral

There has been a significant increase in interest in CSR in recent years (Gulyas, 2009; McGehee et al, 2009) and it is regarded as an important topic for research (Burton and Goldsby, 2009). Not only has this topic received academic attention but it is becoming a mainstream issue for many organisations (Renneboog et al, 2008; Nijof and Brujin, 2008). However, it has been noted that research on CSR in SMEs is quite scant (Burton and Goldsby, 2008; Cilberti et al, 2008). A second area of literature that remains unresolved is the relationship between CSR and financial performance (Park and Lee ...


Turning A Small Residential Farm Into A Non-Profit Educational Organization, Thomas John Anderson Dec 2009

Turning A Small Residential Farm Into A Non-Profit Educational Organization, Thomas John Anderson

Agribusiness

This study was undertaken to determine whether Felicity’s Farm could become a non-profit organization for education. In order to determine the feasibility of turning Felicity’s Farm into a non-profit organization, interviews were conducted and financial statements were collected. In addition, a Certificate of Incorporation was completed based on the interview and financial data. It was concluded that Felicity’s Farm could become a non-profit organization; however, better organization of finances, fund-raising and the use of volunteers was recommended.


Firm-Specific Knowledge Resources And Competitive Advantage: The Roles Of Economic- And Relationship-Based Employee Governance Mechanisms, Heli Wang, Jinyu He, Joseph T. Mahoney Dec 2009

Firm-Specific Knowledge Resources And Competitive Advantage: The Roles Of Economic- And Relationship-Based Employee Governance Mechanisms, Heli Wang, Jinyu He, Joseph T. Mahoney

Research Collection Lee Kong Chian School Of Business

The resource-based view of the firm emphasizes the role of firm-specific resources, especially firm-specific knowledge resources, in helping a firm to achieve sustainable competitive advantage. However, the deployment of firm-specific knowledge often requires key employees to make specialized human capital investments that are not easily redeployable to other settings. Thus, in the absence of effective safeguards and trust building devices, employees with foresight may be reluctant to make such specialized investments. This study explores both economic- and relationship-based governance mechanisms that might mitigate this underinvestment problem. Effective use of these governance mechanisms enables a firm to obtain greater performance from ...


The Illegal-Settlements Myth, David Phillips Nov 2009

The Illegal-Settlements Myth, David Phillips

David M. Phillips

No abstract provided.


Rational Design Rights Ignorance, David Orozco Nov 2009

Rational Design Rights Ignorance, David Orozco

David Orozco

No abstract provided.


Human Rights Approach To Land Rights In Ethiopia, Belachew M. Fikre Nov 2009

Human Rights Approach To Land Rights In Ethiopia, Belachew M. Fikre

Belachew M Fikre

No abstract provided.


A Free And Undemocratic Press?, Stephen J. A. Ward Nov 2009

A Free And Undemocratic Press?, Stephen J. A. Ward

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University.


Multiple Communities And Controlling Corruption, Philip M. Nichols Oct 2009

Multiple Communities And Controlling Corruption, Philip M. Nichols

Legal Studies and Business Ethics Papers

Corruption presents an assurance problem to businesses: all businesses are best off if none act corruptly but in the event that corruption occurs are better off if they act corruptly than if they do not, and because there is no assurance that other actors are not cheating a business does not know how to act. The usual solution to an assurance problem – criminal sanctions imposed on cheaters – does not work in a corrupt system. Integrative Social Contract Theory suggests a solution to the assurance problem. Application of Integrative Social Contract Theory to corruption demonstrates that in the case of corruption ...


Codes Of Fair Competition: The National Industrial Recovery Act, 1933-1935 And The Women's Ready-To-Wear Apparel Industry, Sara B. Marcketti Oct 2009

Codes Of Fair Competition: The National Industrial Recovery Act, 1933-1935 And The Women's Ready-To-Wear Apparel Industry, Sara B. Marcketti

Apparel, Events and Hospitality Management Conference Proceedings and Presentations

This paper examines the ethical, economic, and social considerations regarding what constituted "fair competition" during the NIRA and analyzes the role of industry members, workers, and consumers in these arguments.


Regulation Of The Otc Derivatives Market: A Regulatory Proposal Of Cds, Erik Welin Oct 2009

Regulation Of The Otc Derivatives Market: A Regulatory Proposal Of Cds, Erik Welin

WCOB Student Publications

According to many commentators the credit derivatives and especially CDS have been a leading cause to the development of the current financial crisis. During the last year, policy makers, regulators, and other commentators around the world have therefore focused their attention on how to regulate OTC derivatives and especially CDS.

The purpose of this paper is to analyze some of the proposed regulatory responses to OTC derivatives and especially CDS from an economic point of view. The paper proposes a twofold regulatory response. First it proposes that we return to the old common law rule of "rule against difference contracts ...


Origins And Resolution Of Financial Crises: Lessons From The Current And Northern European Crises, Finn Ostrup, Lars Oxelheim, Clas Wihlborg Oct 2009

Origins And Resolution Of Financial Crises: Lessons From The Current And Northern European Crises, Finn Ostrup, Lars Oxelheim, Clas Wihlborg

Business Faculty Articles and Research

Since July 2007, the world economy has experienced a severe financial crisis that originated in the U.S. housing market. Subsequently, the crisis has spread to financial sectors in European and Asian economies and led to a severe worldwide recession. The existing literature on financial crises rarely distinguishes between factors that create the original strain on the financial sector and factors that explain why these strains lead to system-wide contagion and a possible credit crunch. Most of the literature on financial crises refers to factors that cause an original disruption in the financial system. We argue that a financial crisis ...


Management And Disaster, Eugene Soraghan Oct 2009

Management And Disaster, Eugene Soraghan

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this paper is to determine the effect management has on disaster response and recovery. Specifically, the investigation will determine what management model or methodology seems to produce the greatest effect when preparing for, reacting to, and recovering from a disaster. Any firm with a managerial hierarchy utilizes some methodology or model to organize and oversee its personnel and operations, even if this model may not be consciously recognized by the organization, escape a direct association with a theory, or lack a proper name. While these models may prove effective at internal regulation and profit realization, they consistently ...


Faculty Ethics Unveiled: Scholarship--Et Tu, Brute?, Susan R. Madsen, James Davis Sep 2009

Faculty Ethics Unveiled: Scholarship--Et Tu, Brute?, Susan R. Madsen, James Davis

Susan R. Madsen

Little actual research has been conducted to explore the ethics of the faculty of higher education. A review of the literature has discovered four primary categories of faculty ethics, which include scholarship, teaching, service, and professional (e.g., consulting, treatment of colleagues and peers). This paper will focus on the scholarship category and includes research (e.g., authorship, conflicts of interest, plagiarism/citing-including self-plagiarism, ethical approval, research design, redundant publications, misconduct, accuracy, personal criticism of others) and review of other's work as a reviewer or editor (e.g., unbiased, speed/timeliness, accuracy, responsibility, objectivity, confidentiality, conflicts of interest). The ...


Examining The Inseparability Of Enterprise And Strategy Discourse, Brendan O'Rourke Sep 2009

Examining The Inseparability Of Enterprise And Strategy Discourse, Brendan O'Rourke

Conference papers

Small owner-managed firms are an interesting site in which to examine the deployment of strategy discourse. On the one hand, small firms offer a location where the holistic nature of strategy (Clegg et al., 2004:24; Liedtka, 1998:122; Lilley,2001: 75) is more likely to feature in daily practice On the other hand, owner-managed firms lack a key reason for the original emergence of the strategy discourse i.e. strategy as a discourse of accountability by professional managers to shareholders (Knights & Morgan, 1991). Small firm owner-managers are the ideological heroes of the enterprise discourse (Carr, 2000:101). This work ...


Color As A Source Of Brand Differentiation: Can It Be Defended?, Byron W. Keating, T. R. Coltman Sep 2009

Color As A Source Of Brand Differentiation: Can It Be Defended?, Byron W. Keating, T. R. Coltman

Dr Byron W. Keating

Savvy marketers have long sought to exploit the psychological effects of color to differentiate their brands and create competitive advantage: IBM Blue, Coca- Cola Red, and BP Green. These are not new colors but well-known brand colors. While changes in international trademark law over the past decade paved the way for marketers to seek protection for a color associated with a brand, this case demonstrates some important challenges in defending such trademarks.


In Pursuit Of A Sustainable Supply Chain: Insights From Westpac Banking Corporation, Byron Keating, Ali Quazi, Anton Kriz, Tim Coltman Sep 2009

In Pursuit Of A Sustainable Supply Chain: Insights From Westpac Banking Corporation, Byron Keating, Ali Quazi, Anton Kriz, Tim Coltman

Dr Byron W. Keating

Purpose – The aim of this paper is to provide clues to industry and academia on how best to approach the challenge of developing a sustainable supply chain. Design/methodology/approach – A case study was undertaken of the Westpac Banking Corporation – one of the world's most socially responsible banks – to examine how they approached the challenge of managing corporate social responsibility (CSR) in their supply chain. Findings – This paper highlights some of the challenges and opportunities associated with extending corporate governance beyond the firm boundary. Specific attention is given to a discussion of assessment and governance tools. Research limitations/implications ...


Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch Sep 2009

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

Robert P. Minch

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 ...


Americans Reject Tailored Advertising And Three Activities That Enable It, Joseph Turow, Jennifer King, Chris Jay Hoofnatle, Amy Bleakley, Michael Hennessy Sep 2009

Americans Reject Tailored Advertising And Three Activities That Enable It, Joseph Turow, Jennifer King, Chris Jay Hoofnatle, Amy Bleakley, Michael Hennessy

Departmental Papers (ASC)

This nationally representative telephone (wire-line and cell phone) survey explores Americans' opinions about behavioral targeting by marketers, a controversial issue currently before government policymakers. Behavioral targeting involves two types of activities: following users' actions and then tailoring advertisements for the users based on those actions. While privacy advocates have lambasted behavioral targeting for tracking and labeling people in ways they do not know or understand, marketers have defended the practice by insisting it gives Americans what they want: advertisements and other forms of content that are as relevant to their lives as possible. Contrary to what many marketers claim, most ...


Rules Rather Than Discretion In Audit Standards: Going-Concern Opinions In Belgium, Joseph Carcello, Ann Vanstraelen, Michael Willenborg Aug 2009

Rules Rather Than Discretion In Audit Standards: Going-Concern Opinions In Belgium, Joseph Carcello, Ann Vanstraelen, Michael Willenborg

Joseph V. Carcello

We study going-concern (GC) reporting in Belgium to examine the effects associated with a shift toward rules-based audit standards. Beginning in 2000, a major revision in Belgian GC audit standards took effect. Among its changes, auditors must ascertain whether their clients are in compliance with two “financial-juridical criteria” for board of directors' GC disclosures. In a study of a sample of private Belgian companies, we report two major findings. First, there is a decrease in auditor Type II errors, particularly by non-Big 6/5 auditors for their clients that fail both criteria. Second, there is an increase in Type I ...


التذبذبات في أسعار النفط الخام العالمية وأثرها على الميزانية العراقية, Philadelphia University Aug 2009

التذبذبات في أسعار النفط الخام العالمية وأثرها على الميزانية العراقية, Philadelphia University

Philadelphia University, Jordan

No abstract provided.


National Corporate Governance Institutions And Post-Acquisition Target Reorganization, Laurence Capron, Mauro F. Guillén Aug 2009

National Corporate Governance Institutions And Post-Acquisition Target Reorganization, Laurence Capron, Mauro F. Guillén

Management Papers

We examine the characteristics of national systems of corporate governance to theorize about the nature of the shareholders' and employees' interests when it comes to reorganization, under the assumption that the firm is coalitional in nature. We argue that corporate governance institutions prevalent in both the host and the target country of the merging firms enable or constrain the ability of the acquirer to reorganize the target. Using a cross‐national dataset of corporate acquisitions and post‐acquisition reorganization, we found support for our predictions that stronger legal protection of shareholder rights in the acquirer country compared to the target ...


How Are U.S. Family Firms Controlled?, Belén Villalonga, Raphael Amit Aug 2009

How Are U.S. Family Firms Controlled?, Belén Villalonga, Raphael Amit

Management Papers

In large U.S. corporations, founding families are the only blockholders whose control rights on average exceed their cash-flow rights. We analyze how they achieve this wedge, and at what cost. Indirect ownership through trusts, foundations, limited partnerships, and other corporations is prevalent but rarely creates a wedge (a pyramid). The primary sources of the wedge are dual-class stock, disproportionate board representation, and voting agreements. Each control-enhancing mechanism has a different impact on value. Our findings suggest that the potential agency conflict between large shareholders and public shareholders in the United States is as relevant as elsewhere in the world.


A Survey Of The Oversight Of External Auditors Through The Lenses Of Audit Committee Chairmen, See Liang Foo, Luck Pia Ng, Kwong Sin Leong, Yang Hoong Pang Aug 2009

A Survey Of The Oversight Of External Auditors Through The Lenses Of Audit Committee Chairmen, See Liang Foo, Luck Pia Ng, Kwong Sin Leong, Yang Hoong Pang

Research Collection School Of Accountancy

No abstract provided.


Middletown Loses Childrens Science Center, Melanie Shapiro Esq, Donna M. Hughes Dr. Jul 2009

Middletown Loses Childrens Science Center, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

After years of problems and the inability of the police to do anything about the brothel next door, science education store is relocating to another part of the state.


Private Political Authority And Public Responsibility: Transnational Politics, Transnational Firms, And Human Rights, Stephen J. Kobrin Jul 2009

Private Political Authority And Public Responsibility: Transnational Politics, Transnational Firms, And Human Rights, Stephen J. Kobrin

Management Papers

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and jurisdiction and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on ...