Business Law, Public Responsibility, and Ethics Commons^™

Criminal Investors, Andrew K. Jennings

Faculty Articles

This Article reassesses the culpability of those who invest in law-breaking firms. Prosecutors currently treat investors as victims of corporate wrongdoing rather than as actors who might bear responsibility for it. This Article observes, though, that investment can facilitate, and even cause, illicit corporate activity. When investors intentionally contribute to those effects, substantive criminal law imposes liability on them just the same as it does on accomplices, conspirators, or principals in other contexts. Despite this formal parity, however, investor criminal liability is more a theoretical proposition than a practical reality.

This Article questions that status quo by asking whether and …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Faculty Articles

In her important book, Unwired: Gaining Control Over Addictive Technologies, Gaia Bernstein illustrates the value of a comparative approach, drawing lessons from fights around the regulation of tobacco and ultra-processed food for the regulation of social media. Building on Bernstein’s work, this symposium contribution aims to draw additional insight from experience with drug and gambling regulation for the regulation of social media, video games, AI, and other potentially-addictive technologies.

Specifically, after introducing Bernstein’s book and the foundation it lays, we draw six lessons from the study of psychoactive drugs and gambling. As we elaborate below: Lesson one is that …

Co-Opted Directors And Corporate Climate Risk Disclosure, Rashid Zaman, Ummara Fatima, Muhammad Bilal Farooq, Soheil Kazemian

Research outputs 2022 to 2026

Purpose: This study aims to examine whether and how the presence of co-opted directors (directors appointed after the incumbent CEO) influences corporate climate risk disclosure. Design/methodology/approach: This study comprehensively analyses 2,975 firm-year observations of US-listed companies, using ordinary least squares with industry and year-fixed effects. To confirm the reliability of the study results, the authors used several techniques, including propensity score matching, to address potential issues with functional form misspecification, analysed a subset of companies where co-option persisted over two consecutive years to mitigate concerns regarding reverse causality and difference-in-differences estimation, using the cheif executive officer’s (CEO’s) sudden death as …

The Csr Practices Of Western Australian Mining Based On Innovation Ecosystems: Pathways To Collaborative Innovation And Sustainable Development, Jiawei Sun

Research outputs 2022 to 2026

This study investigates the Corporate Social Responsibility (CSR) practices of Western Australian mining companies, focusing on their integration of innovation ecosystems to promote sustainable development. Through case studies of BHP Group, Rio Tinto, FMG, and South32, the research examines how these companies reduce carbon emissions, enhance community development, and foster collaborative innovation. The findings highlight the significant role of innovation ecosystems in enabling these companies to adopt cleaner technologies, improve social outcomes, and maintain a competitive edge in a sustainability-conscious global market. The study also explores the challenges and opportunities faced by mining companies in leveraging collaborative innovation to address …

Environmental Regulation And Firm Productivity: Evidence From China’S New Energy Industry, Zidan Shan, Xiangyu Han, Zhaoyong Zhang

Research outputs 2022 to 2026

Environmental regulation can possibly enhance firm productivity through its competitiveness effects that can induce regulated firms to improve cost-cutting efficiency and to develop or adopt new technologies, known as the Porter Hypothesis, though there is still conflicting evidence reported. This paper examines the impacts of environmental regulation on firm productivity in China’s new energy industry by incorporating the mediating effect and boundary mechanism of green technological innovation and innovation openness within an innovation ecosystem. We find robust evidence that environmental regulation can enhance firms’total factor productivity (TFP) in the new energy industry with green technological innovation being the important mediator …

Assessing Environmental Performance Through Environmental Management Initiatives, Green Extrinsic And Intrinsic Motivation, And Resource Commitment In Malaysian Hotels, Ataul K. Patwary, S. Mostafa Rasoolimanesh, Roslizawati C. Aziz, Muhammad U. Ashraf, Md Mahmudul Alam, Shafique U. Rehman

Research outputs 2022 to 2026

The level of dedication that an organization has toward the preservation of the natural environment is reflected in its environmental performance. This study evaluates the role of green extrinsic and intrinsic motivation and resource commitment on Malaysian hotel employees’ environmental performance. It also examines the mediating roles of green extrinsic and intrinsic motivation and resource commitment in the relationship between green management initiatives and hotel environmental performance. Data was collected from the Four- and five-star hotel employees and tested the models and hypotheses of this study by employing partial least squares-structural equation modeling. Green extrinsic and intrinsic motivation significantly influence …

Beyond Jarkesy: Rethinking The Role Of Administrative Law Judges In Sec Administrative Proceedings, Mark T. Uyeda, Jaime Marinaro

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Federal Reserve’S Fight Against Covid-19: A Study Of The Corporate Bond Intervention, Noah Seilgson

Fordham Journal of Corporate & Financial Law

In response to the COVID-19 pandemic, the Federal Reserve (Fed) embarked on an unprecedented mission to stabilize the U.S. economy as businesses shut down. One emergency Fed facility, the Secondary Market Corporate Credit Facility (SMCCF), was used to purchase corporate bonds and corporate bond exchange-traded funds (ETFs) in the secondary market. This extraordinary measure, which injected liquidity into the corporate bond market, aimed to mitigate economic fallout for large companies. Purchasing corporate bonds marked a departure from previous Federal Reserve interventions, but the statutory authority was the same as had been used in past crises: Section 13(3) of the Federal …

Company Districts, C.J. Suglia

Fordham Journal of Corporate & Financial Law

Special districts that are owned or controlled by private entities and act almost uniformly like a company town can be dubbed a “company district.” These special districts, similar to historical company towns, have autonomy over the districts, control the local government, and only have to answer to the state government. Historical company towns like Pullman, Illinois and Hershey, Pennsylvania had almost canonical command over the land within their boundaries. Company districts operate their business similar to a company town—in a city that the private entity controls, but do not have employees living on-site. Company districts benefit by being immune to …

Alternatives To Delaware? Evaluating Corporate Law In Nevada, Texas, And Wyoming, Joseph Landau, Bailey Swartz, Anthony Rickey, Robert Ragazzo, Benjamin Edwards, George A. Mocsary

Fordham Journal of Corporate & Financial Law

No abstract provided.

Business Ethics: What Everyone Should Know, W. Michael Hoffman Center For Business Ethics

Ethics Publication

One of the most valuable things that the Hoffman Center brings to the Bentley community is the wisdom of its Business Advisory Board. Most members are current or former ethics and compliance officers with years of experience. In the hope of better preparing Bentley students for the workplace, the Center recently asked the group for clear, direct, practical, and specific answers to the question, “What has your experience told you about what students should learn about ethics before they start their first job? Here’s a compilation and summary of what we received.

Scienter Potentia Est: The Case For The Presumption Of Use Standard In Insider Trading, Audrey Nelson

Fordham Journal of Corporate & Financial Law

Is it possible to accidentally insider trade? The Supreme Court has held that scienter is a necessary element of all § 10(b) and Rule 10b-5 actions, but the federal appeals courts are split on how the scienter requirement applies to insider trading cases. In a non-insider- trading § 10(b) case, the Supreme Court stated that § 10(b) scienter requires intentional misconduct. Although the Supreme Court has not heard a case specifically about the scienter element in the context of insider trading, those who support a use requirement claim that the § 10(b) scienter element requires the plaintiff to show that …

Amending Regulation D'S Accredited-Investor Definition To Allow Natural Persons To Opt Out Of Unwanted Regulatory Protections, John L. Orcutt

Fordham Journal of Corporate & Financial Law

No abstract provided.

An Analysis Of Coal Ash Pollution In The State Of Georgia, Mick W. Etchison

Theses and Dissertations

This social science paper will explore the factors contributing to the prevalence of coal ash in specific regions of Georgia and its impact on local ecosystems and human health. It provides an analysis of the current environmental and political issues surrounding the containment and spread of coal ash throughout the State. Coal ash is primarily found in the central, southwestern, and northeastern regions where coal-fired power plants and coal ash storage sites are located. The paper will then discuss the political, economic, and legal reasons behind the lack of effective regulation and mitigation of coal ash spread. Coal ash illustrates …

Color And Cultural Functionality, Felicia Caponigri

American University Law Review

Can a brand own a color? Trademark says yes, with some caveats. A brand can own a color so long as the color points to the brand as the origin of the goods and is non-functional. One of these caveats, functionality, is increasingly relevant because of color's value for our pop culture. Color is a common cultural resource, and whether it is a pink Barbiecore summer or a BRAT green summer, the colors brands remix to communicate the origins of their goods become a part of consumers' expressions of identity and their links to communities and help embody consumer values. …

Instruments Of Radio Frequency Resource Management, Stanisław Piątek

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Purpose: The purpose of the study is to analyse changes in the set of instruments used to manage radio frequency resources by the telecommunications regulator and frequency users.

Methodology: The research methods used include literature studies, analysis of documentation and results of selection procedures, EU and national program documents on frequency management and reports of operator organisations, taking into account the practical effects of regulation.

Results: The results of the analysis indicate a permanent centralisation of instruments concerning decisions on frequency allocation, marketisation of frequency allocation processes, liberalisation of the conditions for their disposal and expansion of …

The Csr Authenticity Crossroads: A Comparative Analysis Of Greenwashing In The Cosmetics And Food Sectors, Magdalena Klimczuk-Kochańska

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Purpose: The article aims to investigate the relationship between Corporate Social Responsibility (CSR) strategies, manifestations of greenwashing, and their underlying motivations in selected companies from the cosmetics and food sectors.

Methodology: The study employs a qualitative, comparative case study methodology. Six companies (L’Oréal, Natura & Co., Bielenda, Nestlé, Maspex, and Tony’s Chocolonely) were analysed based on publicly available secondary data, including corporate reports, NGO analyses, and media coverage.

Findings: The study identifies and defines two distinct sectoral logics: companies in the cosmetics sector follow a ‘brand-centric logic’, where greenwashing manifests as product-level marketing claims. In contrast, firms …

Is Corporate Social Responsibility A Must Or A Plus? The Role Of National Culture, Liu Wang, Shaomin Li

Management Faculty Publications

This study examines the role of national culture in shaping corporate social responsibility (CSR) practices and how CSR is valued by investors. In a multilevel study of 4998 firms across 34 nations, we find that firms in performance-based culture (PBC) are more likely to engage in explicit CSR activities, but performance-driven investors view such an effort as a drag on shareholder returns in PBC-oriented societies, resulting in lower valuation. In contrast, firms in socially supportive culture (SSC) tend to invest less in explicit CSR activities, but such an investment is viewed favorably by social-minded investors in SSC-oriented societies, and thus …

Harvest Gold Distillery, Alexis Mackey, Alexander Grecco, Cole Smith, Maggie Patterson, Blake Benko

Williams Honors College, Honors Research Projects

The goal of our research project is to establish and grow Harvest Gold Distillery: a corn-based liquor distillery in Ohio that aims to produce and sell high-quality spirits while offering unique services that enhance outreach in the community. The motivation behind this business venture is rooted in one of our team member’s family traditions; Alex’s family makes homemade liquors, which has fostered an in-depth understanding of the distillation process. Alex’s firsthand experience with the craft provides a solid foundation, yet we recognize that starting a distillery involves significant challenges and requires thorough research in several functions of business. This project …

Are Csr Incidents Truly Bad News?, Chen Chen, John A. Doukas, Rongyao Gloria Zhang

Finance Faculty Publications

We revisit whether disclosures of negative Corporate Social Responsibility (CSR) incidents adversely affect firms' stock prices. While univariate tests reveal significant negative abnormal returns around incident announcements, the effect disappears once firm characteristics, industry, and time‐fixed effects are controlled for. We find no robust evidence that CSR incidents or firms' Environmental, Social, and Governance (ESG) commitments influence stock price reactions on the event day or across broader windows. These results suggest that previously documented negative market responses may be attributable to endogeneity. Our baseline results are consistent with informed trading behavior: short‐sellers do not increase activity in incident‐related stocks relative …