Business Law, Public Responsibility, and Ethics Commons^™

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …

Update Report: Missouri’S Dirty Dozen, The Humane Society Of The United States

PUPPY MILL INFORMATION

Late last year, researchers at The Humane Society of the United States (HSUS) spent weeks poring over state and federal inspection reports, investigators’ photographs, and enforcement records to compile a list of some of the worst puppy mills in Missouri, known as “Missouri’s Dirty Dozen.” The report included direct quotes detailing horrific care violations documented in the facilities’ federal and/or state kennel inspection reports. The violations included thin-coated breeds like Italian greyhounds found shivering in the cold in temperatures as low as 9 degrees, dogs with open, oozing or bleeding sores, underweight dogs with their entire skeletal structures showing, and …

The Promise Of Social Impact Bonds, John Loder

Social Space

A financial tool from Wall Street is being adapted in the social market to nurture early interventions and incentivise capital flow. As John Loder reports, social impact bonds promise two fundamental shifts—for governments to overcome the politics of fear and for private investors to fund social causes with impact.

Approches Stratégiques Des Émissions Co2: Les Cas De L’Industrie Cimentière Et De L’Industrie Chimique, Diane-Laure Arjaliès, Goubet Cécile, Jean-Pierre Ponssard

Business Publications

La capacité des entreprises à transformer une contrainte environnementale en source d’opportunité stratégique est un sujet controversé dans la littérature. S’appuyant sur une étude comparative des stratégies de lutte contre les émissions CO2 mises en place par les industries cimentière et chimique, l’article1 démontre que la latitude des entreprises à adopter une approche proactive face au développement durable est fortement contrainte par les caractéristiques du secteur en termes de dépendance vis-à-vis des ressources naturelles, de flexibilité dans la composition du portefeuille d’activités et de structure du secteur aval.

Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.

South Carolina Journal of International Law and Business

No abstract provided.

The Politics Of Carbon Disclosure As Climate Governance, Janelle Knox-Hayes, David Levy

Management and Marketing Faculty Publication Series

The rapid growth in carbon disclosure in recent years represents a major success in the struggle to build awareness and action on climate change. The growth of carbon disclosure is the result of three core drivers: regulatory compliance, pressure from non-governmental organizations (NGOs) and managerial information systems intended to facilitate participation in carbon markets, reduce energy costs and manage reputational risks. In this essay, we argue that the strategies pursued by ‘institutional entrepreneurs’ have played a key role in the successful institutionalization of carbon disclosure by bringing together companies, NGOs and government agencies. The Carbon Disclosure Project (CDP), in particular, …

Somebody's Watching Me: Fcpa Monitorships And How They Can Work Better, F. Joseph Warin, Michael S. Diamant, Veronica S. Root

Faculty Scholarship

This article explores the rise of the corporate compliance monitor as a condition for settling violations of the U.S. Foreign Corrupt Practices Act (“FCPA”) — a setting in which federal prosecutors routinely impose monitors. If U.S. enforcement authorities maintain their current approach, the reality is that companies facing liability for violating the FCPA are likely to have a monitor imposed on them as part of a settlement agreement. From the U.S. government’s perspective, monitorships make sense for companies that violate anti-bribery laws, making it important for offending corporations to learn how to deal with monitors. Pulling from the authors’ extensive …

The Role Of The Site Selector, Andrew H. Shapiro

South Carolina Journal of International Law and Business

No abstract provided.

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.

The Impact Of The Foreign Corrupt Practices Act On American Business From 1977-2010, Ajani Harris

CMC Senior Theses

This paper seeks to present the moral and ethical frameworks in which to consider the effect of bribing on business and the great community; confront the cultural differences that lie between American businesses and its potential interest abroad, as well as the growing international move to implementation similar to that of the FCPA; analyze prior anti-bribery legislation and the historical events that prompted the need for a policy like the FCPA, discuss the basic elements of the policy’s two pronged approach of anti-bribery and disclosure regulation; examine several cases in the enforcement of the FCPA on American businesses; and consider …

Ethics In Accounting: Sustainability As A Predictor Of Financial Statement Usefulness, Kyle L. Shipley

CMC Senior Theses

This paper examines the impact of ethics on financial statement usefulness in 120 publicly traded companies. Because ethics are difficult, if not impossible, to quantify, Corporate Social Responsibility ratings are used as a proxy. The potential implications of this study are vast, though the main idea is that investors would be able to make better financial decisions should the hypothesis come to fruition. Contrarily, investors will also be able to avoid potentially bad investments if they can ascertain certain companies that lack ethical values. In this paper, I will discuss several facets of corporate ethics such as creative accounting in …

Take Me Out Of The Ball Game: The Efficacy Of Public Subsidies In The Success Of Professional Sports Stadiums, Jonah Chodosh

CMC Senior Theses

This paper weights the relative advantages of multiple factors that lead to the success of professional sports stadiums in major markets, though a discussion of the arguments for and against public subsidies towards these projects. Using a logit statistical model, the paper determines that the two factors determining the highest likelihood of venue success include multiple tenants and access to mass transit. The analysis demonstrates that public subsidies towards stadiums don’t generate sufficient economic returns, and that successful stadiums can be created without using taxpayer funds.

The Never Ending Attraction Of The Ponzi Scheme, Pearl Jacobs, Linda Schain

Criminal Justice Faculty Publications

In the 1920’s, Charles Ponzi engaged in a notorious money making scheme. This scheme had been tried before but no one prior to Charles Ponzi had managed to swindle millions of dollars out of unsuspecting people. Thus, the scheme bears his name. In December 2008, Bernard Madoff, a major Ponzi schemer, was exposed. He managed to con investors out of over $65 billion over a thirty year period. Madoff was a highly respected financial expert. The investors were mostly well educated and supposedly financially savvy. How did this happen? This paper will examine some theories which may help explain both …

When A Promotion Is Denied: The Effects Of Decision Stage On Perceptions Of Promotion And Price Fairness, Monika Kukar-Kinney, Lan Xia, Kent B. Monroe

Marketing Faculty Publications

Marketers frequently use promotions to enhance sales and increase consumers' perceptions of value. However, most promotions usually come with restrictions, such as time expiration, quantity or product model restriction, etc. In the present research, the effect of the stage in the purchase process when the consumer finds out about the restriction is investigated. The findings indicate that the later in the purchase process the consumer discovers the restriction, the greater is the perception that the effort invested into the purchase is wasted, consequently resulting in lower promotion and price fairness. This effect is mediated through the feeling of entitlement to …

Stakeholder Theory In Strategic Management: A Retrospective, Jeffrey S. Harrison

Management Faculty Publications

This chapter will provide a description of the personal journey of the author who, as a newly graduated Ph.D. in strategic management in 1985, embraced stakeholder theory. Perhaps one of the interesting aspects of this narrative is that the field of strategic management itself was in its infancy at the time of my graduation. So I have “grown up” in the strategy field while simultaneously observing and to some extent participating in the development of what we now call stakeholder theory. Over the past two and a half decades I have frequently found myself frustrated by my strategy colleagues’ lack …

[Introduction To] Stakeholder Theory: Impact And Prospects, Robert A. Phillips

Bookshelf

Honoring the twenty-fifth anniversary of R. Edward Freeman’s Strategic Management: A Stakeholder Approach, one of the most influential books in the history of business strategy and ethics, this work assembles a collection of contributions from some of the most renowned and widely-cited scholars working in the area of stakeholder scholarship today.

[Introduction To] Honest Work: A Business Ethics Reader, Joanne B. Ciulla, Clancy Martin, Robert C. Solomon

Bookshelf

Revised in the aftermath of the worst global financial crisis since the Great Depression, the third edition of Honest Work: A Business Ethics Reader reflects and reinforces the editors' assertion that business ethics is primarily about the ethics of individuals. Featuring 115 brief articles and 89 real-life case studies, this unique anthology covers all aspects of business ethics under the overarching theme of the good life--what it means to students as individuals, what it means for business, and what it means for society. The book also includes an extensive chapter that explores the relationship between leadership and ethical behavior in …

Looking At The Lanham Act: Images In Trademark And Advertising Law, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Words are the prototypical regulatory subjects for trademark and advertising law, despite our increasingly audiovisual economy. This word-focused baseline means that the Lanham Act often misconceives its object, resulting in confusion and incoherence. This Article explores some of the ways courts have attempted to fit images into a word-centric model, while not fully recognizing the particular ways in which images make meaning in trademark and other forms of advertising. While problems interpreting images are likely to persist, this Article suggests some ways in which courts could pay closer attention to the special features of images as compared to words.

Our Clumsy System Is Best For Church And Market, Nathan B. Oman

Popular Media

No abstract provided.

Technology: How To Stay Out Of Court, Erin Jozwiak, Heather Thomas, Jackie Pillow, George Taylor Ii

Parameters of Law in Student Affairs and Higher Education (CNS 670)

It is hard to believe that over a century ago business professionals, educators, high school and college students were writing letters with a pen and ink, making telephone calls on a land line phone, and physically making home visits to family and friends. In today’s society, texting has replaced phone calls, picture and video messaging has replaced face to face conversation, emails has replaced letter writing and social networking is changing the face of how electronic communication is viewed along and administered.

Electronic communication has led the way in this new millennium of communication and because technology is changing so …