Business Law, Public Responsibility, and Ethics Commons^™

The Diversity Risk Paradox, Veronica Root Martinez

Faculty Scholarship

There is a growing body of literature discussing the proper role of diversity, equity, and inclusion efforts by and within public firms. A combination of forces brought renewed energy to this topic over the past few years. The #MeToo movement demonstrated a whole host of inequities faced by women within workplaces. Business Roundtable’s 2019 Statement on the Purpose of a Corporation rejected the view that the purpose of the corporation was solely to be focused on the maximization of shareholder wealth. And, in 2020, the murder of George Floyd ignited a racial reckoning within the United States, which prompted many …

Enabling Esg Accountability: Focusing On The Corporate Enterprise, Rachel Brewster

Faculty Scholarship

Environmental, social, and governance accountability for companies has become an important topic in popular and academic debate in modern society. The idea that corporations should have ESG goals has been embraced by major investment companies, employees, and many corporations themselves. Yet, less attention has been focused on how corporate enterprise law—which governs how corporations structure their relationships between parent corporations and their subsidiaries—creates or contributes to the ESG concerns that the public has with corporations in the first place. Modern enterprise law allows corporations, particularly those operating across national borders, to use their subsidiaries to avoid responsibility for their public …

Comercialización De Criptomonedas En Colombia, Daniel Mauricio Vargas Montenegro

Finanzas y Comercio Internacional

No abstract provided.

Why Companies Practice Corporate Social Responsibility, Shawn Pope, Alwyn Lim

Research Collection School of Social Sciences

The article discussed why companies practice corporate social responsibility (CSR) and their meta-analysis of 200 surveys over 20 years found that CSR is often embraced as a “halo” strategy.

Stealth Governance: Shareholder Agreements And Private Ordering, Jill E. Fisch

All Faculty Scholarship

Corporate law has embraced private ordering -- tailoring a firm’s corporate governance to meet its individual needs. Firms are increasingly adopting firm-specific governance through dual-class voting structures, forum selection provisions and tailored limitations on the duty of loyalty. Courts have accepted these provisions as consistent with the contractual theory of the firm, and statutes, in many cases, explicitly endorse their use. Commentators too support private ordering for its capacity to facilitate innovation and enhance efficiency.

Private ordering typically occurs through firm-specific charter and bylaw provisions. VC-funded startups, however, frequently use an alternative tool – shareholder agreements. These agreements, which have …

Duty And Diversity, Chris Brummer, Leo E. Strine Jr.

All Faculty Scholarship

In the wake of the brutal deaths of George Floyd and Breonna Taylor, a slew of reforms from Wall Street to the West Coast have been introduced, all aimed at increasing Diversity, Equity, and Inclusion (“DEI”) in corporations. Yet the reforms face difficulties ranging from possible constitutional challenges to critical limitations in their scale, scope and degree of legal obligation and practical effects. In this Article, we provide an old answer to the new questions facing DEI policy, and offer the first close examination of how corporate law duties impel and facilitate corporate attention to diversity. Specifically, we show that …

Consistencies And Inconsistencies In The Application And Mechanisms Of Corporate Social Responsibility: A Case Study Approach To Seeking Clarification, Melissa Cook

Theses and Dissertations

While the idea of corporate responsibility emerged in the 1950s and 1960s, awareness of the ideas that comprise Corporate Social Responsibility (CSR) has increased over the last few years. Although there are numerous CSR reviews published, and despite increasing public awareness regarding CSR, a unified definition and framework remain elusive. The problem is that many leaders do not understand CSR and are simply not integrating it into their strategic management process. The purpose of this qualitative research case study was to explore and examine consistencies and inconsistencies in the application and mechanisms of CSR by examining the extent that CSR …

Shareholder Engagement In The United States, Vikramaditya S. Khanna

Book Chapters

Shareholder voting and engagement in the US have undergone substantial changes over the last 50 years. They have moved from being relatively sleepy issues to those that trigger insomnia in even the most hardened executives. The changes in the ownership structure of US publicly traded firms are probably the most important reason for the shift, but so too are rule changes that have facilitated greater shareholder activism. This chapter explores these developments while describing the rules of the road for shareholder voting in the US by focusing on Delaware jurisprudence and changes in US federal securities regulations. It also examines …

Internacionalización De La Guatita Colombiana, Daniel Mateo Quito Rueda, Cristhian Humberto Serrano Quintero

Finanzas y Comercio Internacional

En la actualidad la expectativa de vida de las personas ha aumentado y con esto los índices de fragilidad y enfermedades crónicas. Estas enfermedades se pueden evitar con una dieta sana y balanceada. La guatila tiene diversos beneficios que pueden ayudar a prevenir estas enfermedades y ayudar como complemento a la medicina tradicional, pero al ser denominada como "la papa de pobre" se olvidan estos beneficios y su valor nutricional no se aprecia, dando así que sea su tecnificación sea muy baja y desaprovechando sus atributos.

Por esta razón mediante el análisis del sector nacional se evaluó el potencial que …

Determinantes Del Análisis De La Conducta En El Diseño De Educación Financiera En Colombia, Angie Daniela Lozano Rico

Finanzas y Comercio Internacional

Este estudio se realizó para determinar la importancia de incluir factores conductuales en la estructura de los programas de educación financiera propuestos por el Gobierno y entidades bancarias en Colombia. Se desarrolló por medio de una aproximación experimental, diseñada a partir de algunos conceptos y teorías de las finanzas comportamentales a dos grupos diferentes. El primer grupo se llevó a cabo con estudiantes de can-era a fin con el sector financiero y el segundo se conformó por una muestra aleatoria. Los hallazgos de esta investigación permitieron identificar cómo las personas varían el destino de sus ingresos dependiendo de la disponibilidad …

Repurposing The Corporation Through Stakeholder Markets, Lynn M. Lopucki

UF Law Faculty Publications

Corporate social responsibility (CSR) is immensely popular. Rhetorically, nearly all public corporations have committed to it. But corporations don’t act responsibly. That is because no system exists by which their responsibility levels can be measured and rewarded or punished. Thousands of organizations worldwide are engaged in a cooperative effort to build such a system. After two decades of work, the system is almost entirely in place. It may become effective in the next two to three years. When it does, the system will continually measure and report publicly as many as a thousand audited data points on the CSR of …

The Ethicality And Political Skill Of Leaders And Subordinate Job Satisfaction: A Study Of Accounting Faculty, Donald L. Ariail

Electronic Theses and Dissertations

Using a sample of 539 accounting faculty teaching in the United States, this study explored perceptions of the ethicality and political skill of their direct supervisors and self-reported levels of job satisfaction. Ethicality was measured with the Ethical Leadership Scale (ELS) and the Behavioral Integrity (BI) Scale. These measures, which were highly correlated, were proxy measures for accounting faculty perceptions of the tone-at-the-top (TATT)—the ethical leadership under which faculty teach and research. The results indicated that while the majority of accounting faculty perceived their direct supervisor as being ethical, about a third (28% BI, 34.8% ELS) of them did not …

N Y State Dent J January 2022

The New York State Dental Journal

In the January 2022 issue, the reader will find the following feature articles:

• A Call to Do Better: Addressing Diversity within the Dental Profession
• Moving on in the New Year
• Destination Dental School: A Remote Pipeline Program to Increase Student Diversity
• Alteration in Facial Contour Associated with Aging

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Spactivism, Sharon Hannes, Adi Libson, Gideon Parchomovsky

All Faculty Scholarship

In this Essay, we propose a modified version of the SPAC designed to allow the public to participate in the world of corporate activism. Unlike existing SPACs, our version is designed for investments in public companies in order to change their course of action, not in private companies in order to make them go public, and overcomes many of the problems that pertain conventional SPACs. At present, direct investment in activism is reserved to affluent individuals and other professional investors of activist hedge funds. The public at large is barred from directly entering the activist arena. The current model comes …

Piled Up, Sophia Lebowitz

Capstones

Piled Up is a 10 minute film about Anna Sacks, a dumpster diver in New York City who has recently found viral social media fame for calling out wasteful corporate practices. Meanwhile, the physical build-up of the trash she collects, and the anxiety of the never-ending cycles of waste are weighing her down and keeping her from her goals.

This is a surprising story about a woman who has found overwhelming social media success while simultaneously dealing with the mechanism of that success, waste, building up in her life. Her videos have garnered her thousands of followers and millions of …

“The New Pinkertons”: Anti-Union Consultants And Surveillance Tech Thwart Organizing, Jo Constantz

Capstones

In 2020, just 6.3% of U.S. private-sector workers were union members, despite the fact that 68% of Americans approve of labor unions, the highest since 1965, and nearly half of non-union workers say they would join.

After World War II, wage growth kept pace with GDP growth, but then began to diverge in the 1970s, according to a study by the RAND Corporation. After 1975, incomes of the bottom 90% rose more slowly than the economy as a whole, while incomes of the top 10% grew faster. The declining wage growth coincided with and is closely related to a drop-off …

Fast Fashion From A Buddhist Perspective, Elizabeth Mclaughlin

HON499 projects

The connection between Buddhism and fast fashion is not immediately apparent, nor is it a particularly well-researched area. However, the topic of consumption underlies both topics, relating to each in markedly different ways. Buddhist precepts outline practices of mindful and sustainable consumption within limited means; fast fashion fosters consumption on a massive, global scale. The work of Ernst Friedrich Schumacher, a man with a career in economics that was aided by great concern for the survival and success of humankind, offers clarity to the conversation about Buddhism and fast fashion. He pioneered the field of Buddhist economics, which seeks to …

Akshaya Patra: A Leader In Battling Classroom Hunger, Ajith Sankar

The Journal of Values-Based Leadership

Akshaya Patra, the world’s largest mid-day meal program run by a not-for-profit organization, was started in 2000 by serving approximately 1500 school going children in Bangalore, India. In 2009, the organization achieved a milestone of serving one million lunches to the school children. By 2021, it had been feeding more than 1.8 million children and aimed at feeding five million children by 2025. Akshaya Patra also offered its services to people affected during natural calamities like floods and earthquakes, and for the homeless living in shelter homes[2]. It was also the first NGO managed food programme in the …

Codes Of Ethics: Extending Classification Techniques With Natural Language Processing, Zachary Glass, E. Susanna Cahn

The Journal of Values-Based Leadership

Language is an indicator of how stakeholders view an ethics code’s intent, and key to distinguishing code properties, such as promoting ethical-valued decision-making or code-based compliance. This article quantifies ethics codes’ language using Natural Language Processing (NLP), then uses machine learning to classify ethics codes. NLP overcomes some inherent difficulties of “measuring” verbal documents. Ethics codes selected from lists of “best” companies were compared with codes from a sample of Fortune 500 companies. Results show that some of these ethics codes are different enough from the norm to be distinguished by an algorithm; indicating as well that lists of “best” …

Wages, Work, And The Catholic Social Teaching, John A. Hunnes

The Journal of Values-Based Leadership

The Catholic Social Teaching is a rich and relevant source for studying contemporary problems in society. In this paper, I investigate the question about equal pay in light of the social teaching. During the last decade, there has been an increasing interest in equal pay and related concepts like universal basic income. By equal pay we mean that everyone in society receives the same remuneration regardless of the type of work, level of effort, or unemployed or not. From an economic point of view, there are large negative incentive effects with such an arrangement. The reason is that the principle …

Navigating The Impact Of Covid-19 On Small Commercial Businesses And Insurance Companies, And A Call To Action For Future Communicable Disease Outbreaks, Natalie Pena

Honors Program Theses and Research Projects

The short-term and long-term effects of Covid-19 have caused many small commercial businesses to face financial hardships, loss of employees, and even closures for entities that were already experiencing low profit margins. Distraught with their businesses suffering, owners turned to their primary insurance companies to receive compensation through their business interruption policies. However, most insureds were upset when they discovered that their insurance plans did not include communicable diseases and pandemics as a covered peril. This led to many small businesses battling these issues in the courts and fighting for insurance companies to provide financial assistance to them during this …

Integration Of Blockchain Technology Into Automobiles To Prevent And Study The Causes Of Accidents, John Kim

Electronic Theses, Projects, and Dissertations

Automobile collisions occur daily. We now live in an information-driven world, one where technology is quickly evolving. Blockchain technology can change the automotive industry, the safety of the motoring public and its surrounding environment by incorporating this vast array of information. It can place safety and efficiency at the forefront to pedestrians, public establishments, and provide public agencies with pertinent information securely and efficiently. Other industries where Blockchain technology has been effective in are as follows: supply chain management, logistics, and banking. This paper reviews some statistical information regarding automobile collisions, Blockchain technology, Smart Contracts, Smart Cities; assesses the feasibility …

Corporate Social Responsibility And Bond Price At Issuances: Us Evidence, Hong Zhao, Wei Du, Hao Shen, Xinting Zhen

Economics & Finance Faculty Publications

Bondholders are arm's-length lenders with limited insider information. In this paper, we explore whether corporate social responsibility (CSR) activities could work as an information channel for bondholders to better understand the riskiness of bond-issuing firms. We find a significant negative relation between CSR scores and corporate bond yield spread, especially for firms which invest heavily in diversity and community relations, suggesting that CSR firms are less risky. The result is robust to different model specifications and endogeneity issues. In addition, the negative relation between the CSR score and bond yield spread is significant only if a firm has a strong …

A Focused Evaluation Of Sales Employees' Ethics Training And Its Effect On The Diffusion Of Ethics In A Financial Organization, Justin Luebker

Graduate Theses and Dissertations

Ethical scandals have continued to batter corporate America into the twenty-first century. Companies such as Enron and MCI WorldCom became household names overnight because of ethical issues that shuttered the organizations’ operations and stunned shareholders. Training has served as a primary mechanism for companies to impart ethical values in employees and leadership teams. However, despite the ongoing focus and resources dedicated to education and associate development in this area, historically there appears to be no diffusion of ethical standards within organizations. There is a lack of consensus in current research regarding the effectiveness of organizational ethics training and its ability …

Beyond Shareholder Value? Why Firms Voluntarily Disclose Support For Black Lives Matter, A. J. Chen, Patricia M. Dechow, Samuel T. Tan

Research Collection School Of Accountancy

We investigate why firms voluntarily disclose support for the Black Lives Matter movement (BLM firms) even though these disclosures have little impact on shareholder value. We examine two competing explanations: that managers are acting in the interests of a broad set of stakeholders, or that they are engaging in “woke-washing.” Our evidence supports the stakeholder perspective since we find that BLM firms have more inclusive cultures on multiple dimensions – from their board members, to employees, to the rights of shareholders, and to the compensation structure of top executives. Furthermore, BLM firms face less risk in speaking out since they …

Duty To Address Climate Change Litigation Risks For Australian Energy Companies—Policy And Governance Issues, Prafula Pearce

Research outputs 2014 to 2021

The transition from fossil fuels to renewable energy requires cooperation from all, including corporations, shareholders, and institutional investors. The purpose of this paper is to explore climate change litigation risks for Australian energy companies and investors from a policy and governance perspective. Companies are increasingly reporting their climate policies to satisfy their shareholders and investor demands. In addition, the government and judiciary are making laws and decisions to support the Paris Agreement. This paper explores whether company directors can and, in some cases, should be considering the impact of climate change litigation risks on their business, or else risk breaching …

El Papel De La Mujer En La Economía Rural: Estudio De Caso En El Municipio De Cómbita Boyacá En El Periodo Comprendido Entre Los Años 2010-2019, Juan Nicolás Camargo Pérez

Economía

El presente documento muestra los resultados de un estudio econométrico sobre la contribución que realiza la mujer rural a la participación productiva del municipio de Cómbita (Boyacá, Colombia) durante el periodo que comprende 2010-2019. La investigación fue realizada bajo un enfoque cualitativo y cuantitativo. En el proceso fue reconocido el papel de la mujer a través de los años, su participación en el desarrollo rural, su reconocimiento a nivel internacional a través de los Objetivos de Desarrollo del Milenio (ODM), y el papel de la mujer rural tanto en la economía colombiana como en el municipio de Cómbita Boyacá.

Posteriormente, …

A Critical Discourse Analysis To Explain The Failure Of Bop Strategies, Nancy E. Landrum

School of Environmental Sustainability: Faculty Publications and Other Works

Purpose – This paper aims to highlight differences between business and non-business literature regarding base of the pyramid (BoP) and subsistence contexts and reveal discourse’s powerful role in influencing goals, solutions and outcomes.

Design/methodology/approach – This paper uses critical discourse analysis to review a convenience sample of business versus non-business literature on the BoP and subsistence contexts.

Findings – Discourse used in business literature on the BoP is oriented toward hegemonic Western capitalist approaches that result in the depletion of resources, resource inequalities, poverty and increased consumption, dependence and environmental degradation and, therefore, cannot alleviate poverty.

Research limitations/implications – There …

The Supreme Court And The Pro-Business Paradox, Elizabeth Pollman

All Faculty Scholarship

One of the most notable trends of the Roberts Court is expanding corporate rights and narrowing liability or access to justice against corporate defendants. This Comment examines recent Supreme Court cases to highlight this “pro-business” pattern as well as its contradictory relationship with counter trends in corporate law and governance. From Citizens United to Americans for Prosperity, the Roberts Court’s jurisprudence could ironically lead to a situation in which it has protected corporate political spending based on a view of the corporation as an “association of citizens,” but allows constitutional scrutiny to block actual participants from getting information about …

The Co-Evolution Of Global Legitimation And Technology Upgrading: The Case Of Huawei, Sihong Wu, Di Fan, Yiyi Su

American Business Review

This study explores the underlying relationship between acquisition of global legitimacy and the search for technology upgrading by Chinese multinational enterprises (MNEs). Using Huawei’s investment in Russia, Kenya, the United Kingdom and Canada as an in-depth case study, we observe that through corporate social responsibility (CSR) activities in foreign markets and engaging with local community, Chinese MNEs can acquire global legitimacy and gradually catch up with industry leaders. However, the process of global legitimation and innovation continues to evolve. We find that, together with engaging in CSR activities, acquisition of sophisticated knowledge and creation of innovation bring more legitimacy challenges …