Business Administration, Management, and Operations Commons^™

Small Business Fintech Lending: The Need For Comprehensive Regulation, Lenore Palladino

Fordham Journal of Corporate & Financial Law

The 28.7 million small businesses in the United States—99% of all American businesses—are the backbone of the American economy. Historically, small businesses relied on community banks for their credit needs. Over the last decade, however, small businesses increasingly have turned to “fintech” lenders—nonbank lenders that are largely unregulated. Nonbank consumer lending is governed by consumer protection statutes, but nonbank small business lending is outside of any clear regulatory framework that would protect borrowers from potentially predatory practices. This Article argues that the optimal regulatory regime is a combination of both state authority over fintech lenders and inclusion of small business …

The Consumer Financial Protection Bureau: A Novel Agency Design With Familiar Issues, Thomas Arning

Fordham Journal of Corporate & Financial Law

This Note examines the structure of the Consumer Financial Protection Bureau, with a specific focus on its single-director structure. The balance of authority between agencies and the three branches of government has been a point of contention for generations, especially since the early twentieth century. This area of the law became even more contested following the financial crisis in 2008. As part of the response to the perceived abuses that led to the global recession, Congress created the Consumer Financial Protection Bureau, ultimately opting to give it a single director as opposed to a board structure. Proponents of this regime …

The Evolution Of Private Equity And The Change In General Partner Compensation Terms In The 1980s, Stephen Fraidin, Meredith Foster

Fordham Journal of Corporate & Financial Law

While the business model of private equity has remained largely unchanged since the 1980s, private equity as an industry has undergone a dramatic transformation. In the early 1980s, private equity was both highly profitable and highly controversial. Today, on the other hand, it is an important asset class and its returns are modest. This paper will document both of these changes and identify the several factors that contributed simultaneously to private equity’s declining profitability and to its increasing public acceptance. This paper will also identify another change that private equity underwent in the 1980s, which has been largely ignored: the …

Decoding Smart Contracts: Technology, Legitimacy, & Legislative Uniformity, Jared Arcari

Fordham Journal of Corporate & Financial Law

Blockchain technology is increasingly permeating the everyday lives of countless people. Applications of the cutting-edge technology range from secured banking to tracking mortgage titles. A particular blockchain technology, dubbed “smart contracts,” has the potential to revolutionize how individuals and companies securely contract with each other. Smart contracts, however, are not widely employed, mainly because potential users are uncertain of their enforceability as contracts under existing state contract laws. Similar skepticism slowed the acceptance of electronic signatures in the late 1990s, but was resolved ultimately through a model uniform act recognizing electronic signatures’ effectiveness across interstate borders. This Note proposes a …

2019 Icrcc Proceedings Table Of Contents, Conference Organizers

International Crisis and Risk Communication Conference

These proceedings are a representative sample of the presentations given by professional practitioners and academic scholars at the 2019 International Crisis and Risk Communication Conference (ICRCC) held March 11-13, 2019. The ICRCC is an annual event that takes place the second week in March in beautiful sunny Orlando, Florida. The conference hosts are faculty and staff from the Nicholson School of Communication. The goal of the ICRCC is to bring together prominent professional practitioners and academic scholars that work directly with crisis and risk communication on a daily basis. We define crisis and risk broadly to include, for example, natural …

Exploring The Effects Of Mindfulness In Marketing: Mindfulness, Ethics, Emotional Labor And Service Quality, Emma (Junhong) Wang

2019

Mindfulness, i.e., nonjudgmental, present-centered awareness and attention, finds its roots in ancient spiritual traditions, and is most systematically articulated and emphasized in Buddhism. Although arguably relevant to a variety of practices, mindfulness research is sparse in marketing literature. In particular, there is a shortage of empirical research on the application of mindfulness in marketing (Ndubisi, 2014). This dissertation follows a three-paper model to begin to address this shortage in marketing literature. Paper one uses the Service-Dominant Logic of Marketing and Moral Development Model as theoretical lens to discuss how mindfulness could be a viable approach to fostering ethical marketing behaviors. …

The Use Of Secrets In Marketing And Value Creation, Ivan Fedorenko

2019

Keeping secrets is common to both corporations and public organizations. However, secrets have, until recently, received little attention in the marketing literature. The research on secrecy, to date, has been focused on the appropriating value from innovation. The purpose of my dissertation is to explore how secrecy can be used to create value for consumers. Paper one integrates the existent research on secrecy to develop an overarching framework and categorize four common types of secrets: reputational secrets, trade secrets, managerial secrets, and marketing secrets. The drivers and consequences of secrecy are identified across all three levels of analysis: individual, organizational …

The Eighteenth Annual Albert A. Destefano Lecture On Corporate, Securities, & Financial Law At The Fordham Corporate Law Center: Corwin V. Kkr Financial Holdings Llc— An “After-Action Report”, The Honorable Joseph R. Slights Iii, Matthew Diller

Fordham Journal of Corporate & Financial Law

No abstract provided.

A New Standard For Governance: Reflections On Worker Representation In The United States, Julian Constain

Fordham Journal of Corporate & Financial Law

The contemporary state of corporate law in the United States is one that is skewed toward the archaic principle of shareholder primacy. This narrow conception of corporate purpose has resulted in governance mechanisms that tend to overlook the many stakeholders that are affected by, and, in turn, affect the bottom line of modern corporations. In the wake of the recently proposed Accountable Capitalism Act, this Note investigates the viability of adopting a system of mandated worker board representation—codetermination—in the United States. The Note employs a comparative analysis of the German and Swedish experiences with codetermination, and then evaluates the policy, …

Strategies For Small Business Sustainability, Victor K. Adoukonou

Walden Dissertations and Doctoral Studies

Small businesses represent more than 99% of all employers in the United States, but more than 50% of small businesses have failed before 5 years. Climate change, digitization, and social media contribute to a paradigm shift in consumers' habits, as more consumers have become environmentally and social justice conscious. Business leaders who are unable to follow the consumers' trends and changes of habit may not succeed in sustaining their businesses. The purpose of this multiple case study was to explore strategies owners of small businesses in the District of Columbia use to sustain their businesses for longer than 5 years …

Canines At The Company, Felines At The Factory: The Risks And Rewards Of Incorporating Service Animals And Companion Animals Into The Workplace, Rebecca J. Huss

Dickinson Law Review (2017-Present)

With unemployment rates at historically low levels, the ability of an employer to attract and retain productive employees is key to a company’s success. Simultaneously, the percentage of persons in the United States with disabilities is increasing. Additionally, many persons without disabilities consider allowing companion animals at work a valuable employee benefit. This Article focuses on the legal and workplace implications of incorporating service animals and companion animals at work.

This Article begins by analyzing when an employer must accommodate a request by an employee with a disability to be accompanied by a service animal at work under the Americans …

Spurring Tensions At The Workplace And The Moderating Role Of Psychological Resilience: A Paradox Theory Perspective, Rawia Ahmed

Open Access Theses & Dissertations

Paradoxes are integral parts of our work lives. In this paper, I tested workplace triggers of four different categories of tensions: belonging, learning, organizing, and performing tensions, and I offered a theoretical framework on how these types of tensions affect employees' wellbeing negatively by examining stress. Further, I presented psychological resilience as a contingency variable that reduces the experience of stress at the workplace. I also created the organizing tensions instrument. I validated the scale and tested the model with three different samples: Sample 1 (125 MBA students), sample 2 (time 1 520 Qualtrics Panel respondents), and sample 3 (time …

Fostering Transformational Leadership In Asian Americans: How To Reach The C-Suite, Khadija Ganijee

CMC Senior Theses

This paper investigates what has caused a lack of Asian American leadership in the corporate space and how transformational leadership can be the solution for these people by using their culture to their advantage. This was accomplished through a comprehensive review of transformational leadership and the personality traits associated with it, as well as psychological research on Asian American issues in the workplace and the role of Asian American culture. Stereotyping and discrimination play a role in the workplace, but usually, what a person can do to combat these issues is not explicated. This thesis aims to fill in that …

The Effectiveness Of Collaboration Within Supply Chain Management: A Case Study Of Adidas Group, Daniel Carr

CMC Senior Theses

For a multi-national company like Adidas, supply chain management is one of the most crucial aspects of business operations. Products cannot be sold unless Adidas’s supply chain is well-managed and efficient, and public perception of a brand/company is critical to success.

This case study analyzes the effectiveness of Adidas's distinct “collaborative approach” to supply chain management, which is characterized by not only monitoring and auditing suppliers, but also training them to make Adidas’s standards their own and approaching suppliers with the intention of building long-term relationships where the suppliers can become self-sufficient.

This study reviews the structure of Adidas's supply …

Are Women Executives Hurting Firm Performance? An Examination Of Gender Diversity On Firm Risk, Performance, And Executive Compensation, Krystal Diane Sung

CMC Senior Theses

In order to assess the continuing imbalance of top executives between genders, I examine the effects of gender diversity within top management teams on firm risk, performance, and executive compensation. Capitalizing on previous analysis, I apply three unique differentiators. First, I utilize current data from 2012 to 2017 from Compustat, CRSP, and ExecuComp. Second, I provide a unique subset view on a firm and individual performance of female CEOs to examine executive compensation. Third, my scope of analysis expands to S&P Composite 1500 companies. I use separate models to estimate the effect of gender diversity on firm risk by examining …

Involving Patient/Family Advisors And Advisory Councils With Patient And Family Engagement, Cortney D. Forward

Walden Dissertations and Doctoral Studies

Health care consumers are under-represented in literature when defining patient and family engagement. The proportion of people living longer is rapidly growing. Future research is needed to evaluate which strategies of patient and family engagement are most useful in real-world health care settings for patient and families. The purpose of this study was to describe the lived experiences of patient/family advisors working within patient family advisory councils at an academic medical center in the Midwestern United States. The conceptual framework is based on Greenleaf's servant leadership and Bass's transformational leadership. The research questions examined how patient/family advisors describe patient and …

Understanding Coping Strategies And Behaviors Of Employees Affected By Toxic Leadership, Jerry A. Morris, Jr.

Walden Dissertations and Doctoral Studies

Toxic leaders affect nearly half of the U.S. employee base and create environments in which followers, peers, and staff might be less effective due to stress, devaluation, and potential job loss. A multiple case study approach was used to understand what coping strategies employees use to reduce the negative effects of toxic leadership on themselves, other employees, and the overall workplace; and to understand the behaviors that result from these strategies. The purposeful and snowball sample consisted of 29 participants within the United States, ages 30 to 65, who worked within two or more organizations and who either directly experienced …

A Study Of Women, Their Careers, Mentoring, And The Barriers In Management, Latayna Jackson

Walden Dissertations and Doctoral Studies

Women all across the United States who work for public housing authorities greatly desire to have more career advancement opportunities. As the number of women in the workforce and moving into management positions continues to increase yearly, current cross-gender mentorship programs, even if available are often outdated and unresponsive to the demographic change. This study focused on women's careers, mentoring, and the barriers to their career progression. The purpose of this qualitative case study was to explore participant perceptions perception of mentoring and its effects on career advancement for women who work in public housing management to open a deeper …

Emotional And Spiritual Enablers For Building Trust Within Churches For Organizational Effectiveness, Carl D. Wamble

Walden Dissertations and Doctoral Studies

Over the last 3 decades, religious organizations have been embroiled in scandals that

have diminished public trust in the ecclesiastic community.The purpose of this study was

to examine church leaders and members emotional intelligence and spiritual leadership

behavioral characteristics that cultivate trust, and enhance organizational effectiveness,

and establish a baseline database to facilitate perpetuating positive social change. The

theoretical framework for this study used three models: Chathoth Trust Model; the Wei,

Liu and Allen Emotional Intelligence (EI) model, and the Fry Spiritual Leadership

Theory (SL) model. Survey instruments for each model were used to determine

perspectives within the church that …

A Phenomenological Study Of The Transition Of Veterans Into The Civilian Workforce, Brian Keith Ward

Walden Dissertations and Doctoral Studies

Military veterans face various challenges during their transition into the civilian workforce, including mental health problems. Veterans experience challenges like emotional trauma and physical distress while transitioning into the civilian workforce. The challenges result from the nature of the civilian work. The purpose of this phenomenological study was to explore the challenges among veterans in California and Michigan while transitioning into the civilian life. The study participants included 30 veterans from California and Michigan who had retired and those who were expecting to retire from the military within six months at the time of conducting the study. Schoenberg's 4S transition …