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Business Law, Public Responsibility, and Ethics

2015

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Articles 1 - 30 of 79

Full-Text Articles in Law

Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount Dec 2015

Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount

Faculty Publications

Much of the current debate in corporate governance is framed in terms of stakeholder versus shareholder forms of corporate governance. While one would find little debate that stakeholders’ interests are important to any business, there is substantial debate regarding whether any stakeholder besides shareholders should have a formal role in corporate governance. What has been largely ignored in this debate is the issue of private ordering: since corporate law is largely enabling rather than mandatory, can stakeholder governance structures be voluntarily created within the current shareholder-centric default corporate law structure? This article argues that this is clearly the case, sets …

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Homeland Self Storage Management, Llc, Et Al., Various Discovery Motions, John J. Goger Dec 2015

Homeland Self Storage Management, Llc, Et Al., Various Discovery Motions, John J. Goger

Georgia Business Court Opinions

No abstract provided.

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Becoming Respectable: A History Of Early Social Responsibility In The Las Vegas Casino Industry, Jessalynn R. Strauss Dec 2015

Becoming Respectable: A History Of Early Social Responsibility In The Las Vegas Casino Industry, Jessalynn R. Strauss

UNLV Gaming Research & Review Journal

Today’s gaming corporations actively engage with their communities by supporting nonprofit organizations and adopting environmentally friendly practices among other socially responsible actions. This research considers precursors to modern corporate social responsibility (CSR) in the gaming industry by examining the philanthropic activities of the casino owners in Las Vegas in the early days of its development. This historical look at early philanthropy in the gaming industry provides a contextual background for considering contemporary corporate social responsibility. While the gaming industry has clearly come a long way from its early ties to organized crime, an understanding of this context helps further discussion …

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Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker Nov 2015

Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker

Anne Tucker

In this Essay, I challenge the conventional corporate law wisdom that unhappy mutual fund investors paying high fees don’t need litigation or regulation to protect their interests because they should simply exit a fund and reinvest elsewhere. The exit solution, advanced by Professors John Morley and Quinn Curtis in Taking Exit Rights Seriously provided an elegantly simply solution to the problem of unhappy indirect investors (e.g., mutual fund investors) given that they are often low-dollar, low-incentive, rationally-apathetic investors facing enormous information asymmetries and collective action problems. According to their view, competition produced by exit, or the threat of exit, is …

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External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge Nov 2015

External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge

James Routledge

This article considers the merits of alternative policy approaches to management of companies in insolvency administration, in particular from an identity economics theoretical perspective. The use of this perspective provides a novel assessment of the policy alternatives for insolvency administration, which can be characterised as either following the more flexible United States Chapter 11-style debtor-in-possession arrangement, or relying on the appointment of an external administrator or trustee to manage the insolvent company, who automatically displaces incumbent management. This analysis indicates that stigma and reputational damage from automatic removal of managers in voluntary administration leads to “identity loss” and that an …

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Homeland Self Storage Management, Llc, Et Ai., Order On Emergency Motion For Order To Show Cause Why Causes Of Action Should Not Be Stricken, John J. Goger Nov 2015

Homeland Self Storage Management, Llc, Et Ai., Order On Emergency Motion For Order To Show Cause Why Causes Of Action Should Not Be Stricken, John J. Goger

Georgia Business Court Opinions

No abstract provided.

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Let's Make A Deal! Business Succession Planning, John M. Olivieri, Stefan F. Tucker Nov 2015

Let's Make A Deal! Business Succession Planning, John M. Olivieri, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

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Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker Nov 2015

Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker

Faculty Publications By Year

In this Essay, I challenge the conventional corporate law wisdom that unhappy mutual fund investors paying high fees don’t need litigation or regulation to protect their interests because they should simply exit a fund and reinvest elsewhere. The exit solution, advanced by Professors John Morley and Quinn Curtis in Taking Exit Rights Seriously provided an elegantly simply solution to the problem of unhappy indirect investors (e.g., mutual fund investors) given that they are often low-dollar, low-incentive, rationally-apathetic investors facing enormous information asymmetries and collective action problems. According to their view, competition produced by exit, or the threat of exit, is …

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Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow Nov 2015

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.

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Predictix, Llc, Order And Final Judgment On Business Valuation Proceeding Pursuant To O.C.G.A. § 14-11-1011, Elizabeth E. Long Nov 2015

Predictix, Llc, Order And Final Judgment On Business Valuation Proceeding Pursuant To O.C.G.A. § 14-11-1011, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

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Raser Technologies Order On Defendants' Motion To Temporarily Stay Proceedings Pending A Related U.S Supreme Court Decision, John J. Goger Oct 2015

Raser Technologies Order On Defendants' Motion To Temporarily Stay Proceedings Pending A Related U.S Supreme Court Decision, John J. Goger

Georgia Business Court Opinions

No abstract provided.

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Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger Oct 2015

Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.

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Predictix, Llc, Order On Motion To Compel, Elizabeth E. Long Oct 2015

Predictix, Llc, Order On Motion To Compel, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

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Spinosa Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner Oct 2015

Spinosa Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

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Suntrust Banks, Inc., Et Al., Order On Motion For Partial Judgment On The Pleadings, Alice D. Bonner Oct 2015

Suntrust Banks, Inc., Et Al., Order On Motion For Partial Judgment On The Pleadings, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

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Trends In Employment Outcomes Of Young Adults With Intellectual And Developmental Disabilities, 2006-2013, John Butterworth, Alberto Migliore, Thinkwork! At The Institute For Community Inclusion At Umass Boston Oct 2015

Trends In Employment Outcomes Of Young Adults With Intellectual And Developmental Disabilities, 2006-2013, John Butterworth, Alberto Migliore, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report summarizes the employment and economic outcomes for young adults with intellectual disabilities between 2006 and 2013 in the nation’s 50 states and the District of Columbia (DC). Data are reported separately for two age groups: 16 to 21 years old, and 22 to 30 years old. Data are from the American Community Survey (ACS), the Rehabilitation Services Administration 911 (RSA-911), and the National Core Indicators (NCI).

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State Of Georgia Order On Defendants Alan Yeager And Aes Claims Partners, Llc's Motion To Stay Proceedings And Compel Arbitration, Melvin K. Westmoreland Sep 2015

State Of Georgia Order On Defendants Alan Yeager And Aes Claims Partners, Llc's Motion To Stay Proceedings And Compel Arbitration, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

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Section 4: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2015

Section 4: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Vulnerability, Preventability, And Responsibility: Exploring Some Normative Implications Of The Human Condition, Daniel E. Wueste Sep 2015

Vulnerability, Preventability, And Responsibility: Exploring Some Normative Implications Of The Human Condition, Daniel E. Wueste

Center for the Study of Ethics in Society Papers

Presented March 17, 2015. Papers presented for the Center for the Study of Ethics in Society Western Michigan University.

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Global Aerospace, Inc. Final Judgment And Order On Motions For Summary Judgment, Elizabeth E. Long Aug 2015

Global Aerospace, Inc. Final Judgment And Order On Motions For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

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The First Year: Integrating Transactional Skills, Lynnise E. Pantin Aug 2015

The First Year: Integrating Transactional Skills, Lynnise E. Pantin

Lynnise E. Pantin

No abstract provided.

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The Importance Of Being Dismissive: The Efficiency Role Of Pleading Stage Evaluation Of Shareholder Litigation, Lawrence A. Hamermesh, Michael L. Wachter Aug 2015

The Importance Of Being Dismissive: The Efficiency Role Of Pleading Stage Evaluation Of Shareholder Litigation, Lawrence A. Hamermesh, Michael L. Wachter

All Faculty Scholarship

It has been claimed that the risk/reward dynamics of shareholder litigation have encouraged quick settlements with substantial attorneys’ fee awards but no payment to shareholders, regardless of the merits of the case. Fee-shifting charter and bylaw provisions may be too blunt a tool to control agency costs associated with excessive shareholder litigation, and are in any event now prohibited by Delaware statute. We claim, however, that active judicial supervision of public company shareholder litigation at an early stage reduces the costs of frivolous litigation to shareholders by separating meritorious from unmeritorious litigation before the full costs of discovery are incurred. …

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Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr Jul 2015

Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr

The Kabod

Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …

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Southern States Chemical Inc., Order On Motions For Summary Judgment, Alice D. Bonner Jul 2015

Southern States Chemical Inc., Order On Motions For Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

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Behavioral Ethics, Behavioral Compliance, Donald C. Langevoort Jul 2015

Behavioral Ethics, Behavioral Compliance, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The design of an effective legal compliance system for an organization fearing prosecution for white-collar crime or regulatory violations requires skill at predicting human behavior. It is entirely plausible to use the economist’s simplifying assumptions of rational choice and pecuniary self-interest in making these predictions. But the realism of these assumptions has been under attack for decades now, suggesting that we should at least consider more nuanced behavioral possibilities when designing and implementing compliance programs. The label “behavioral compliance” can be attached to the design and management of compliance that draws from this wider range of behavioral predictions about individual …

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Gerber Products Co. Order On Defendant's Motion To Dismiss, Alice D. Bonner Jul 2015

Gerber Products Co. Order On Defendant's Motion To Dismiss, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

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Is Google & People?, Sajjad Khaksari Jul 2015

Is Google & People?, Sajjad Khaksari

SAJJAD KHAKSARI

"Google Advertisement Strategy" strictly dominated the "Searching Ranks Results". On the other hand, 70% of the United State population and 90% of European use to used Google as their "Favorite Search Engine".
People use Google but the Google thanks to its "Famous Google Algorithm" offers them the arrangement of links that is consciously favored before by "Google Ad. Engine". In addition, unfortunately Google has many traps to bind, copy and save almost all the information from the users.

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Eden Order On Summary Judgment And Motion To Strike, Alice D. Bonner Jul 2015

Eden Order On Summary Judgment And Motion To Strike, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

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Raser Technologies, Inc. Et Al., Order On Defendants' Motion For Entry Of Final Judgment Under O.C.G.A. 9-11-54(B), John Goger Jun 2015

Raser Technologies, Inc. Et Al., Order On Defendants' Motion For Entry Of Final Judgment Under O.C.G.A. 9-11-54(B), John Goger

Georgia Business Court Opinions

No abstract provided.

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James A. Pritchard Iii, Order And Judgment On Plaintiff's Motion For Partial Summary Judgment As To Defendant Morris, Schneider, Wittstadt, Llc, Melvin K. Westmoreland Jun 2015

James A. Pritchard Iii, Order And Judgment On Plaintiff's Motion For Partial Summary Judgment As To Defendant Morris, Schneider, Wittstadt, Llc, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

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