Business Law, Public Responsibility, and Ethics Commons^™

The First-Year Seminar: An Innovative Way For Business Law Professors To Integrate Liberal Arts Pedagogy Into Undergraduate Business Education, Porcher L. Taylor Iii, Lewis A. Litteral

School of Professional and Continuing Studies Faculty Publications

We begin with a brief historical perspective of first-year experiences and how, through a 30-year journey, that pedagogical innovation recently and literally flipped upside down my approach to produce student learning. Then we will examine the genesis, development, and teaching of my current FYS Water: Economics, Politics and Policy, and why it has been such a successful course at my university. Next, my coauthor will examine the genesis, development, and teaching of his FYS Morality and the Great Recession of 2008-2009, another successful example of the FYS at our university.

With that as a pedagogical foundation, we offer …

Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell

Transactions: The Tennessee Journal of Business Law

“DPAs [(Deferred Prosecution Agreements)] have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe,” declared Lanny Breuer, the head of the Criminal Division of the U.S. Department of Justice (DOJ) on September 13, 2012.2 Deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) are settlement agreements between a prosecutor and a defendant in which the prosecutor agrees to either defer or forego prosecution in return for the defendant’s cooperation in an ongoing investigation or prosecution, as well as an agreement to comply with the requirements of the settlement. Rather than forcing prosecutors to …

Does Corporate Governance Make Financial Reports Better, Or Just Better For Equity Investors?, Dan Segal, Benjamin Segal, Shai Levi

Research Collection School Of Accountancy

Financial reports should provide useful information to both shareholders and creditors, according to U.S. accounting principles. However, directors of corporations have fiduciary duties only toward equity holders, and those fiduciary duties normally do not extend to the interests of creditors. We examine whether this slant in corporate governance biases financial reports in favor of equity investors, and in particular leads to a downward bias in reported debt that can hurt creditors. We focus on firms’ decision to issue structured debt securities that are classified as equity in financial reports and can circumvent debt covenants. We find that when the local …

The Monitor-Client Relationship, Veronica Root

Faculty Scholarship

After the government discovers wrongdoing by a corporation, the corporation and the government often enter into an agreement stating that the corporation will retain a “monitor.” A corporate compliance monitor, unlike the gatekeeper, is not charged with “monitoring” the corporation in an attempt to detect and prevent wrongdoing. A monitor, unlike the probation officer, is not solely charged with ensuring that the corporation complies with a previously determined set of requirements. Instead, a corporate compliance monitor is responsible for (i) investigating the extent of the wrongdoing already detected and reported to the government, (ii) discovering the cause of the corporation’s …

Ethics And Executive Compensation, Brittany Silvey

Honors Program Theses

To investigate the ethics behind compensation plan calculations, to determine if unaudited measures are being used in publicly traded companies, and how often unaudited measures are being used I considered twenty-six companies from a variety of industries. These included technology, agriculture, retail, finance and insurance, health care, natural resources, and others. Industry leading companies were selected to be studied as well as some of personal interest. Companies that have been speculated by financial analysts, recent published articles, or studies as companies that have unethical compensation plans and have used unethical accounting practices in determining executive compensation were also considered. These …

Order On Defendant's Motion To Dismiss (Mary Ann Digan Et Al.), Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Export Controls: A Contemporary History, Bert Chapman

Libraries Faculty and Staff Presentations

Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.

Order On Defendants' Motion For Partial Summary Judgment (North Star Jefferson, Llc Et Al.), Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

The Role Of Power In Organizational Corruption: An Empirical Study, David Jancsics, István Jávor

Publications and Research

This article concerns the extent to which corrupt behavior is dependent on the organizational power structure and the resources available for illegal exchange. This qualitative study is based on 42 in-depth interviews with organizational actors in different organizations in Hungary. Four core themes emerged from the analysis of the interviews: (a) isolated corruption at the bottom, (b) the middle level’s own corruption, (c) “technicization” when middle-level professionals and expert groups are used to legalize the corruption of the dominant coalition, and (d) “turning-off controls” when organizational elites intentionally deactivate internal and external controls to avoid detection.

Kasky V. Nike: Lurking First Amendment Time Bomb For Marketers?, Michael J. Landry

Atlantic Marketing Journal

While attention has focused on the U. S. Supreme Court protecting corporate political speech, the Court has left untouched a California Supreme Court ruling of significance to marketers in their efforts to use advertising and public relations to offset what they view as unfair criticism. The case, Kasky v. Nike, stems from 1995 accusations that athletic footwear and apparel manufacturer Nike exploited and abused employees in Asian sweatshops. Through advertising and public relations efforts, Nike denied the claims. In 1998, Californian Mark Kasky sued, claiming Nike’s denials violated laws regarding unfair competition and false advertising and, because the denials were …

Order On Georgia-Pacific's Motion And Memorandum To Exclude Damages (Ezgreen Assoc. Llc), John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Front Matter And Faculty Notes

Transactions: The Tennessee Journal of Business Law

No abstract provided.

A More Realistic Approach To Directors' Duties, Michelle M. Harner

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Legal Form, Style, And Etiquette For Email, George W. Kuney

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Proposed Subordination Provisions For Master Trust Indenture, Taylor K. Wirth

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Using An Interviewing, Counseling, Negotiating, And Drafting Simulation In The First Year Legal Writing Program, Kirsten A. Dauphinais

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Ted Becker

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Willful Blindness, Plausible Deniability, And Tippee Liability: Sac, Steven Cohen, And The Court's Opinion In Dirks, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.

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

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.