Business Law, Public Responsibility, and Ethics Commons^™

Interdisciplinary Perspectives On Corruption, David Jancsics

Publications and Research

Corruption has become one of the most popular topics in the social scientific disciplines. However, there is a lack of interdisciplinary communication about corruption. Models developed by different academic disciplines are often isolated from each other. The purpose of this paper is to review several major approaches to corruption and draw them closer to each other. Most studies of corruption fall into three major categories: (i) rational-actor models where corruption is viewed as resulting from cost/benefit analysis of individual actors; (ii) structural models that focus on external forces that determine corruption; and (iii) relational models that emphasize social interactions and …

The Impact Of Clean Energy On Economic Growth: An Econometrics Approach, Cheng Zhang

Pepperdine Policy Review

This paper reviews the relationship between economic performance and clean energy using country level data. A combined instrumental variable and fixed-effect regression model is adopted to determine the relationship. By examining data in the past 50 years, we conclude that developing alternative energy will harm GDP growth, but to a relatively small degree. Thus, policymakers can take advantage of alternative energy research and development as a long-term investment that will reduce reliance on traditional energy sources.

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 …

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 …

Corporate Governance Theory And Review Of Board Decisions, Christopher M. Bruner

Scholarly Works

No abstract provided.

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 …

Baker Hughes: Greasing The Wheels In Kazakhstan (Fcpa Violations And Implementation Of A Corporate Ethics And Anti-Corruption Compliance Program, Mark Holtzblatt, Norbert Tschakert

Business Faculty Publications

This case discusses the Foreign Corrupt Practices Act (FCPA) violations of Texas-based Baker Hughes, in connection with its oil service operations in Kazakhstan. You will assume the position of a newly assigned audit committee member who is trying to understand Baker Hughes’ FCPA violations related to its Kazakhstan operations. Your investigation will involve the examination of the SEC court complaint, press releases, government and company publications and 10-K annual reports. Baker Hughes’ FCPA experiences illustrate the corruption risks and difficulties that multinational corporations encounter in conducting international business. The subsequent creation of a new Baker Hughes Code of Conduct, FCPA …

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 …

Is Neuromarketing Ethical? Consumers Say Yes. Consumers Say No, Jason Flores, Arne Baruca, Robert Saldivar

Marketing Faculty Publications (Archived)

Advancements in the development of neuroscience have created the capacity for neuroscientific methods to be applied to marketing science and ultimately marketing practice. As a relatively nascent subfield in marketing, neuromarketing applies neuroscientific methods to study consumer reactions to specific marketing related stimuli. This study analyzes the use of neuromarketing by for-profit and non-profit organizations from an ethical perspective based on consumers’ point of view. The implications of consumers’ ethical judgments are also explored. The empirical evidence indicates that consumers perceive the use of neuromarketing-based marketing tactics by for-profit organizations to be unethical, yet the same tactics are considered ethical …

Consumers' Perceptions Towards Sustainability: A Cross-Cultural Analysis, Mertcan Tascioglu

College of Graduate Studies: Theses & Dissertations

Sustainability has become a subject of increasing concern to academics and practitioners in recent years. Increasing consumer demand for socially responsible products encouraged supply chains to put increasing emphasis on sustainability. In adapting sustainability practices consumers play a very important role for supply chains. Thus this dissertation examines consumers’ perceptions towards sustainability practices. Although most previous research has examined environmental sustainability practices, the social dimension of sustainability has received little attention. This dissertation attempts to explore both environmental and social sustainability and their effects on consumer perceptions in different cultural contexts and price levels. Two scenario based experiments are utilized. …

Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee

Faculty Scholarship

In this short commentary, we explore the use of two interrelated pedagogical methods for teaching transactional and business law. The first method is deal deconstruction, which analyzes the set of final deal documents and outcomes. This method is backward-looking, conducting a post-mortem on business transactions and analyzing the parties’ choices memorialized in the agreement against the legal and financial alternatives. The second method involves case studies and simulations, which are commonly seen in business schools. This method is forward-looking, exposing students to the uncertainties and situational contexts of doing deals and deal-related litigation. Together, these complementary methods help students understand …

Facilitating Successful Failures, Michelle M. Harner, Jamie Marincic Griffin

Faculty Scholarship

Approximately 80,000 businesses fail each year in the United States. This article presents an original empirical study of over 400 business restructuring professionals focused on a critical, arguably contributing factor to these failures—the conduct of boards of directors and management. Anecdotal evidence suggests that management of distressed companies often bury their heads in the sand until it is too late to remedy the companies’ problems, a phenomenon commonly called “ostrich syndrome.” The data confirm this behavior, show a prevalent use of loss framing, and suggest trends consistent with prospect theory. The article draws on these data and behavioral economics to …

Household Regulation And European Integration: The Family Portrait Of A Crisis, Philomila Tsoukala

Georgetown Law Faculty Publications and Other Works

This article develops a theoretical framework for analyzing the regulation of the household and its effects on the economy. Incorporating insights from family economics, comparative family law, legal realism, political economy and feminism, it describes the array of different legal regimes that can affect household composition and function. The article then analyzes the case of Greece using this framework. It argues that the role of households organized as families was a central element in the Greek debt crisis, overlooked by scholars and policymakers alike. It identifies the host of legal regimes that helped consolidate families as the main providers of …

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.