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Articles 1 - 24 of 24
Full-Text Articles in Law
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel
All Faculty Scholarship
This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small businesses …
The "Branding Effect" Of Contracts, D. Gordon Smith
The "Branding Effect" Of Contracts, D. Gordon Smith
Faculty Scholarship
In his case study of the MasterCard IPO and its predecessor piece on the Google IPO, Victor Fleischer claims to find evidence of a branding effect of legal infrastructure. The branding effect is not aimed at reducing the potential for opportunism by a counterparty to a contract, but rather at increasing the attractiveness of a product to present and future users or improving the image of a company in the eyes of regulators, judges, and juries. In this essay commenting on Fleischer's work, I endorse the notion that deal structures have branding effects and position Fleischer's work within a larger …
Applying A Business Model To The University, John Neill
Applying A Business Model To The University, John Neill
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Cultural Contradictions And Ethical Dilemmas In The Corporate-Styled University, Eric Gould
Cultural Contradictions And Ethical Dilemmas In The Corporate-Styled University, Eric Gould
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University
Epilogue: Universities And Corporations, Robert Kauffman
Epilogue: Universities And Corporations, Robert Kauffman
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Media Ethics: The Powerful And The Powerless, Elaine E. Englehardt
Media Ethics: The Powerful And The Powerless, Elaine E. Englehardt
Center for the Study of Ethics in Society Papers
Papers presented for the Center of the Study of Ethics in Society Western Michigan University.
Recent Developments In International Education At Wmu, Ronald Davis
Recent Developments In International Education At Wmu, Ronald Davis
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Universities And Corporations: A Selection Of Papers Presented At Tire Western Michigan University Emeriti Council Forum, Center Of The Study Of Ethics In Society
Universities And Corporations: A Selection Of Papers Presented At Tire Western Michigan University Emeriti Council Forum, Center Of The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
A selection of papers presented at the WMU Emeriti Council Forum.
The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr.
The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr.
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
The College Of Engineering And Applied Sciences & The Btr-A Partnership With Purpose, Michael B. Atkins, Kurt Hayden
The College Of Engineering And Applied Sciences & The Btr-A Partnership With Purpose, Michael B. Atkins, Kurt Hayden
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
The Commodification Of International Education, Howard Dooley
The Commodification Of International Education, Howard Dooley
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Proposed Amendments To The Fish Resources Management Act 1994. Discussion Paper., Department Of Fisheries
Proposed Amendments To The Fish Resources Management Act 1994. Discussion Paper., Department Of Fisheries
Fisheries management papers
The FRMA was implemented on 1 October 1995 following widespread public consultation and support from both Houses of Parliament. The Act implemented a number of significant changes to public administration and made certain advances in many areas (e.g. a public register of authorisations). In the ten years of its operation, the FRMA has demonstrated many strengths, however, experience and changes in policy direction have highlighted certain aspects of fisheries management and law that deserve attention and possible amendment.
Introduction: The Entrepreneurial University, Joseph Ellin
Introduction: The Entrepreneurial University, Joseph Ellin
Center for the Study of Ethics in Society Papers
Published by the Center of the Study of Ethics in Society Western Michigan University.
Measuring Efficiency In Corporate Law: The Role Of Shareholder Primacy, Jill E. Fisch
Measuring Efficiency In Corporate Law: The Role Of Shareholder Primacy, Jill E. Fisch
All Faculty Scholarship
The shareholder primacy norm defines the objective of the corporation as maximization of shareholder wealth. Law and economics scholars have incorporated the shareholder primacy norm into their empirical analyses of regulatory efficiency. An increasingly influential body of scholarship uses empirical methodology to evaluate legal rules that allocate power within the corporation. By embracing the shareholder primacy norm, empirical scholars offer normative assessments about regulatory choices based on the effect of legal rules on measures of shareholder value such as stock price, net profits, and Tobin’s Q.
This Article challenges the foundations of using the shareholder primacy norm to judge corporate …
Legal History Meets The Honors Program, Robert B. Bennett
Legal History Meets The Honors Program, Robert B. Bennett
Scholarship and Professional Work - Business
In this article, the author discusses the "Law and Culture" course that he developed to teach in the Butler University Honors Program. The course looks at some landmark periods or events in legal history and explores how those events were the product of their culture, and how they affected their culture. Among the events or periods that the author has looked at in iterations of this course were the survival instinct on display in "Regina v. Dudley and Stephens," the Nuremberg trials, the Scopes Monkey Trial, the modern American litigation explosion, and the events surrounding the U.S. Supreme Court decision …
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon
All Faculty Scholarship
No abstract provided.
Good Faith, State Of Mind, And The Outer Boundaries Of Director Liability In Corporate Law, Christopher M. Bruner
Good Faith, State Of Mind, And The Outer Boundaries Of Director Liability In Corporate Law, Christopher M. Bruner
Scholarly Works
The Delaware General Corporation Law was amended in 1986 to permit shareholder-approved exculpatory charter provisions shielding corporate directors from monetary liability for certain fiduciary duty breaches not including (among other things) breaches of the duty of loyalty and acts not in good faith. This article examines the development of corporate fiduciary duty doctrine in Delaware leading up to and following this statutory amendment, focusing particularly on the Delaware courts' evolving conception of the meaning anddoctrinal status of the good faith concept employed in recent cases to permit a non-exculpable cause ofaction for conscious nonfeasance.
The article argues that Delaware's good …
Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch
Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch
All Faculty Scholarship
An extensive body of behavioral economics literature suggests that investors do not behave with perfect rationality. Instead, investors are subject to a variety of biases that may cause them to react inappropriately to information. The policy challenge posed by this observation is to identify the appropriate response to investor irrationality. In particular, should regulators attempt to protect investors from bad investment decisions that may be the result of irrational behavior?
This Article considers the appropriate regulatory response to investor irrationality within the concrete context of the research analyst. Many commentators have argued that analyst conflicts of interest led to biased …
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank
Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank
All Faculty Scholarship
In this Essay, Professor Burbank comments on the essays by Professors Nagareda and Issacharoff. Welcoming the opportunity to revisit the interplay between procedure and substantive law and the question of democratic accountability that Professor Nagareda’s essay presents, Professor Burbank concludes that the parts of that essay are greater than the whole. He finds that Professor Nagareda’s pursuit of unifying themes and a general normative theory leads to inconsistencies in classification between procedure and substance and to an impoverished vision of institutional legitimacy. Professor Burbank voices concern that this quest, which is also evident in the current draft of the American …
The Equilibrium Content Of Corporate Federalism, William W. Bratton, Joseph A. Mccahery
The Equilibrium Content Of Corporate Federalism, William W. Bratton, Joseph A. Mccahery
All Faculty Scholarship
No abstract provided.
Supersize Pay, Incentive Compatibility, And The Volatile Shareholder Interest, William W. Bratton
Supersize Pay, Incentive Compatibility, And The Volatile Shareholder Interest, William W. Bratton
All Faculty Scholarship
No abstract provided.
Tracing, Peter B. Oh
Tracing, Peter B. Oh
Articles
Tracing is a method that appears within multiple fields of law. Distinct conceptions of tracing, however, have arisen independently within securities and remedial law. In the securities context plaintiffs must trace their securities to a specific offering to pursue certain relief under the Securities Act of 1933. In the remedial context victims who trace their misappropriated value into a wrongdoer's hands can claim any derivative value, even if it has appreciated.
This article is the first to compare and then cross-apply tracing within these two contexts. Specifically, this article argues that securities law should adopt a version of the rules-based …
Unwrapping Racial Harassment Law, Pat K. Chew
Unwrapping Racial Harassment Law, Pat K. Chew
Articles
This article is based on a pioneering empirical study of racial harassment in the workplace in which we statistically analyze federal court opinions from 1976 to 2002. Part I offers an overview of racial harassment law and research, noting its common origin with and its close dependence upon sexual harassment legal jurisprudence. In order to put the study's analysis in context, Part I describes the dispute resolution process from which racial harassment cases arise.
Parts II and III present a clear picture of how racial harassment law has played out in the courts - who are the plaintiffs and defendants, …