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What Were They Thinking? Insider Trading And The Scienter Requirement, Donald C. Langevoort 2012 Georgetown University Law Center

What Were They Thinking? Insider Trading And The Scienter Requirement, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

On its face, the connection between insider trading regulation and the state of mind of the trader or tipper seems intuitive. Insider trading is a form of market abuse: taking advantage of a secret to which one is not entitled, generally in breach of some kind of fiduciary-like duty. This chapter examines both the legal doctrine and the psychology associated with this pursuit. There is much conceptual confusion in how we define unlawful insider trading—the quixotic effort to build a coherent theory of insider trading by reference to the law of fraud, rather than a more expansive market abuse standard—which …


Can An Old Dog Learn New Tricks? Applying Traditional Corporate Law Principles To New Social Enterprise Legislation, Alicia E. Plerhoples 2012 Georgetown University Law Center

Can An Old Dog Learn New Tricks? Applying Traditional Corporate Law Principles To New Social Enterprise Legislation, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

Seven U.S. states have recently adopted the benefit corporation or the flexible purpose corporation—two novel corporate forms intended to house social enterprises, i.e., those ventures that pursue social and environmental missions along with profits. And yet, these corporate forms are not viable or sustainable if they do not attract social entrepreneurs or social investors due to the lack of understanding and inquiry into how traditional corporate law principles will be applied to them. This article begins this necessary examination. As a first approach, this article assesses shareholder primacy and the shareholder wealth maximization norm in the context of the sale …


Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss 2012 Brooklyn Law School

Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss

Faculty Scholarship

No abstract provided.


Ever Expanding Responsibilities: Upstream And Downstream Corporate Social Responsibility, Judith Schrempf-Stirling, Guido Palazzo, Robert A. Phillips 2012 University of Richmond

Ever Expanding Responsibilities: Upstream And Downstream Corporate Social Responsibility, Judith Schrempf-Stirling, Guido Palazzo, Robert A. Phillips

Management Faculty Publications

The debate on corporate social responsibility (CSR) has been on the public and academic agenda for several decades. In general, CSR issues can be divided into production-related issues (along the supply chain - or how things are made) and consumption-related issues (towards the consumer and society at large - or how things are used). Following the terminology of Phillips and Caldweli, Z upstream CSR refers to the CSR debate along the supply chain, and downstream CSR refers to corporate responsibility towards consumers and society at large. The chapter examines current CSR issues, and proposes a social connection model to understand …


National Contexts Matter: The Co-Evolution Of Sustainability Standards In Global Value Chains, Stephan Manning, Frank Boons, Oliver Von Hagen, Juliane Reinecke 2012 University of Massachusetts Boston

National Contexts Matter: The Co-Evolution Of Sustainability Standards In Global Value Chains, Stephan Manning, Frank Boons, Oliver Von Hagen, Juliane Reinecke

Management and Marketing Faculty Publication Series

In this paper, we investigate the role of key industry and other stakeholders and their embeddedness in particular national contexts in driving the proliferation and co-evolution of sustainability standards, based on the case of the global coffee industry. We find that institutional conditions and market opportunity structures in consuming countries have been important sources of standards variation, for example in the cases of Fairtrade, UTZ Certified and the Common Code for the Coffee Community (4C). In turn, supplier structures in producing countries as well as their linkages with traders and buyers targeting particular consuming countries have been key mechanisms of …


The Impact Of Perceived Csr On Employee Performance And Turnover Intention: An Examination Of The Mediating Effect Of Organizational Justice And Organization-Based Self-Esteem, Alicia Ting Shiun HO 2012 Singapore Management University

The Impact Of Perceived Csr On Employee Performance And Turnover Intention: An Examination Of The Mediating Effect Of Organizational Justice And Organization-Based Self-Esteem, Alicia Ting Shiun Ho

Dissertations and Theses Collection (Open Access)

Research on corporate social responsibility (CSR) has spanned across a few decades and in various fields. Yet only a handful of academic studies have investigated the relationship between CSR and a commonly neglected stakeholder – the employees. The employees are an essential part of the organization and will be highly influenced by the CSR initiatives carried out by the organization. In my paper, I intend to bridge the gap between CSR and the employee. A theoretical model is presented to show how employees' perception of CSR subsequently impacts their performance and turnover intentions, mediated by organizational justice and organization-based self-esteem. …


Artificial Agents, Cloud Computing, And Quantum Computing: Applying Floridi’S Method Of Levels Of Abstraction, Marty J. Wolf, Frances Grodzinsky, Keith W. Miller 2012 Bemidji State University

Artificial Agents, Cloud Computing, And Quantum Computing: Applying Floridi’S Method Of Levels Of Abstraction, Marty J. Wolf, Frances Grodzinsky, Keith W. Miller

School of Computer Science & Engineering Faculty Publications

In his paper “On the Intrinsic Value of Information Objects and the Infosphere,” Luciano Floridi asserts that the goal of Information Ethics (IE) “is to fill an ‘ethical vacuum’ brought to light by the ICT revolution, to paraphrase Moor” (1985). He claims “IE will prove its value only if its applications bear fruit. This is the work that needs to be done in the near future” (Floridi 2002). Our chapter proposes to do part of that work. Initially we focus on Floridi’s Method of Levels of Abstraction (LoA). We begin by examining his methodology as it was first developed with …


The Sarbanes Oxley Act's Contribution To Curtailing Corporate Bribery, Karen Cascini, Alan DelFavero, Mario Mililli 2012 Sacred Heart University

The Sarbanes Oxley Act's Contribution To Curtailing Corporate Bribery, Karen Cascini, Alan Delfavero, Mario Mililli

WCBT Faculty Publications

In the wake of corporate scandals occurring in the early 2000s, a need for stricter regulation was deemed necessary by the investors of U.S. public companies. In 2002, the Sarbanes-Oxley Act (SoX) was created. Accordingly, under the rules of SoX, U.S. corporations were faced with increased oversight and also needed to substantially improve their internal controls. As companies began to scrutinize their internal affairs more closely, some businesses detected other forms of criminal activity occurring internally, such as bribery. Those companies and individuals found to have committed bribery have violated the Foreign Corrupt Practices Act of 1977 (FCPA). Throughout this …


Agency And The Ontology Of The Corporation, Christopher M. Bruner 2012 University of Georgia School of Law

Agency And The Ontology Of The Corporation, Christopher M. Bruner

Scholarly Works

No abstract provided.


Forward: Reforms For Hire: The Jobs Act Legislation, Joan MacLeod Heminway 2012 University of Tennessee College of Law

Forward: Reforms For Hire: The Jobs Act Legislation, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Slimplexity: A Glimpse Inside The Hive Mind Of Snohetta, Noel Brady 2012 Technological University Dublin

Slimplexity: A Glimpse Inside The Hive Mind Of Snohetta, Noel Brady

Articles

Simplexity is an interview with Craig Dykers cofounder of Snohetta. The firm has a unique structure in Architecture circles with a Hive Mind like structure. In addition its parallel interests in Architecture and Landscape Design has meant that both professional strands have equal parity in the firms operation.


Worthy Work And Bowie's Kantian Theory Of Meaningful Work, Joanne B. Ciulla 2012 University of Richmond

Worthy Work And Bowie's Kantian Theory Of Meaningful Work, Joanne B. Ciulla

Jepson School of Leadership Studies articles, book chapters and other publications

Over the years, Norman E. Bowie has applied Kant’s ethics to several aspects of business ethics, but the one that I find the most compelling is his Kantian theory of meaningful work. He writes about it in his book Business Ethics: A Kantian Perspective (1999) and in an article ‘A Kantian theory of meaningful work’ (1998a). Bowie’s writing in this area demonstrates how Kant, perhaps more than any other philosopher, offers the most stringent and lucid account of what a moral employer/employee relationship should look like. Kantian ethics also provide Bowie with a foundation for explaining his idea of meaningful …


Papers Of Mark Elliott - Ethics_Economics In Russia Arc2005-002 - Finding Aid, Mark Elliot 2012 Asbury Theological Seminary

Papers Of Mark Elliott - Ethics_Economics In Russia Arc2005-002 - Finding Aid, Mark Elliot

Finding Aids

No abstract provided.


Fund-Management Gender Composition: The Impact On Risk And Performance Of Mutual Funds And Hedge Funds, Angela Luongo 2011 Fordham University

Fund-Management Gender Composition: The Impact On Risk And Performance Of Mutual Funds And Hedge Funds, Angela Luongo

Fordham Business Student Research Journal

This paper examines gender differences in fund managers’ risk tolerance and performance. We explore these differences in both the universe of U.S. mutual funds and hedge funds using risk and performance metrics that cover one-year, three-year, and five-year horizons. We find that funds managed by women outperform those managed by men with less risky portfolios. The outperformance persists after adjusting for risk. Overall, the results indicate that female fund managers are severely underrepresented despite their quality performance. A workgroup comprised more equally of male and female managers is likely to lead to greater stability in the financial markets due to …


Countering Counterfeits: An Investigation Of Message-Frame And Message-Focus Effects On Persuasion, Caroline Dahlgren 2011 Fordham University

Countering Counterfeits: An Investigation Of Message-Frame And Message-Focus Effects On Persuasion, Caroline Dahlgren

Fordham Business Student Research Journal

The prevalence of counterfeit products throughout the world has greatly increased over the course of the past two decades. These goods span a wide array of industries and vary greatly in quality, aesthetics, and price. There have been reports of counterfeits in nearly every sector of the economy; counterfeit goods include airline parts, dry wall, handbags, pharmaceuticals, and baby food (International Chamber of Commerce, 2008). Each industry engages in its own battle with these products and counterfeiters, in hopes of protecting its intellectual property, consumers, and its bottom line. The roots of the counterfeiting industry are deeply intertwined with various …


Social Renaissance: When Governments, Businesses And Society Collaborate, Singapore Management University 2011 Singapore Management University

Social Renaissance: When Governments, Businesses And Society Collaborate, Singapore Management University

Perspectives@SMU

The world has been great at inventing high-tech “stuff” but it hasn’t been so good “at things to do with humanity and people” said Geoff Mulgan, chief executive of NESTA, the UK’s National Endowment for Science Technology and the Arts. He was speaking at Social iCon 2011, a conference jointly organised by the Lien Centre for Social Innovation, the Young Foundationand Ashoka. Held at Singapore Management University (SMU), the conference saw a gathering of veteran social innovators eager to share their experiences with participants.


Constructions Of Citizenship Among Multinational Corporations, Gail L. Markle 2011 Kennesaw State University

Constructions Of Citizenship Among Multinational Corporations, Gail L. Markle

Faculty Articles

Using social contract theory as a foundation I examined the ways in which four multinational corporations use disclosures of corporate social responsibility to present themselves as good corporate citizens. Several factors influence a corporation’s use of CSR: size of the corporation, public visibility, personal commitment of high ranking executives, location of manufacturing operations, and types of stakeholders. There is a significant difference in the responsibilities and obligations Proctor & Gamble, Kimberly-Clark, and Colgate-Palmolive ascribe to themselves as corporate citizens compared to those of SC Johnson. I attribute this difference to one of stakeholder accountability, specifically public shareholders. The three publicly …


Nevada Gaming Licensing Qualifications, Standards, And Procedures, Robert D. Faiss, Gregory R. Gemignani 2011 Lionel Sawyer & Collins

Nevada Gaming Licensing Qualifications, Standards, And Procedures, Robert D. Faiss, Gregory R. Gemignani

Occasional Papers

The process of acquiring a Nevada gaming license is long and consists of several procedures. Although the process is time-consuming, it is far from Byzantine or obscure; each step, as defined by statute and precedent, flows logically from the one before. This paper provides an overview of licensing process in Nevada, with additional information on the reasoning behind several of the procedures involved.


Professionalism And Ethics: A Quantity Surveying Perspective, Tony Cunningham 2011 Technological University Dublin

Professionalism And Ethics: A Quantity Surveying Perspective, Tony Cunningham

Other Resources

The Society of Chartered Surveyors in Ireland requires its members to “Be able to justify your own actions at all times, and demonstrate your own personal commitment to abide by ethical standards to maintain the integrity of the profession.” Society of Chartered Surveyors (2006). This paper presents a review of six readings provided to final year students of the Dublin Institute of Technology DT111 BSc (Hons) Construction Economics and Management Programme as part of their coursework for the Construction Administration and Management Module (RECE4815). The paper discusses the principles and means by which the above standards are achieved in the …


Regulating Business Impacts On Human Rights In Southeast Asia - Lessons From The Eu, Mahdev MOHAN 2011 Singapore Management University

Regulating Business Impacts On Human Rights In Southeast Asia - Lessons From The Eu, Mahdev Mohan

Research Collection Yong Pung How School Of Law

The mid-June endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights has been welcomed as the authoritative global standard for corporations to respect human rights. The Guiding Principles are the culmination of a 6-year UN-commissioned study by Professor John Ruggie, which concludes that companies should carry out human rights due diligence to identify, prevent, mitigate, and account for how they address their adverse human rights impacts. Drawing on related regulation in Europe, this article considers how best to implement the Guiding Principles in Southeast Asia.


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