Business Law, Public Responsibility, and Ethics Commons^™

The Lease Of All Evils: How A Middle-Ground Approach Can Resolve The Bankruptcy Code Conflict Between Section 363(F) Sales And Section 365(H) Lessee Protections, Kate Christensen

Fordham Journal of Corporate & Financial Law

The Fifth Circuit’s recent decision in In re Royal St. Bistro, LLC has awakened an unsettled issue in the Bankruptcy Code that has divided the bankruptcy community for over two decades. The question examined by the Fifth Circuit was whether a non-debtor lessee with a right to continued possession through section 365(h) of the Bankruptcy Code loses this right if the debtor-lessor can sell its property “free and clear” under section 363(f). While early decisions held that section 365(h) always protects lessees against debtors’ free and clear sales, some subsequent decisions created a circuit split by ruling that section 365(h) …

Minutes Are Worth The Minutes: Good Documentation Practices Improve Board Deliberations And Reduce Regulatory And Litigation Risk, Given As The 21st Annual Destefano Lecture, Leo E. Strine Jr.

Fordham Journal of Corporate & Financial Law

This Essay, originally the basis for the 21st Annual Albert A. DeStefano Lecture on Corporate, Securities & Financial Law given on February 27, 2024, at Fordham University School of Law, addresses the importance of good corporate minuting and board documentation practices. Using lessons from Delaware cases where the quality of these practices has determined the outcome of motions and cases, this Essay identifies effective and efficient practices to better address this decidedly not sexy, but unquestionably essential, corporate governance task. The recent Delaware cases underscore the importance of quality and timely documentation of board decision-making, the material benefits of doing …

Corporate Esg Falls Short: Systemic Anti-Black Racism And Inequality Should Be Addressed Through A Cumulative Integrated Approach, Ferrell L. Littlejohn

Fordham Journal of Corporate & Financial Law

In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the “separate but equal” doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against systemic racism through their environmental, social, and governance (“ESG”) initiatives. Corporate stakeholders have actively advocated for these initiatives, particularly in response to recent scholarship revealing the significant involvement of capitalist institutions in historical slavery, and the continued perpetuation of anti-Black racism. Nevertheless, such initiatives, for example, internal diversity, equity, and …

The Relationship Of Esg Component Scores And Creditworthiness On Publicly Listed Firms In The Asean-5 Countries, Shayne Jefferson Alvarez, Charlene Ashley C. Cu, Lance L. Lamberte, Patrick Henry G. Yap, Paulynne J. Castillo, Roberto B. Raymundo, Joel Q. Tanchuco

Angelo King Institute for Economic and Business Studies (AKI)

ESG ratings are crucial for ASEAN-5 businesses' creditworthiness. While existing studies often concentrate on ESG's impact on financial performance or general pillars, a detailed exploration of the 10 specific ESG components in the ASEAN-5 is lacking. This study addresses this gap, examining how ESG ratings affect a company's creditworthiness (probability of default) in publicly traded companies across the ASEAN-5 countries while considering potential heterogeneity. Utilizing annual data from 2013-2022 for 10 ESG components and Eikon Refinitiv's probability of default via the Starmine Combined Credit Risk Model across ASEAN-5, the study employs a panel OLS regression model with White's Robust Standard …

Research On The Relationship Between Social Responsibility Fulfillment And Reputation Of Platform Enterprises, Hong Tao

Dissertations and Theses Collection (Open Access)

In the rapidly evolving platform economy, platform enterprises have emerged as significant contributors to socio-economic development, integrating resources and optimizing service delivery through innovative business models. However, their rapid ascension has also spotlighted significant challenges, especially in fulfilling their social responsibilities (SR) and managing their reputations effectively. This doctoral thesis delves into the intricate relationship between the fulfillment of social responsibilities by platform enterprises and their subsequent reputation in the market. Through a comprehensive literature review, this study identifies a gap in understanding how platform enterprises’ approach to social responsibility impacts their reputation among stakeholders. Utilizing a mixed-method research design …

J Mich Dent Assoc January 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

The January issue sets the foundation for Children’s Dental Health Month in February, the reader will find the following original content:

• A cover commentary on Pediatric Dentistry
• A feature article on “Silver Diamine Fluoride as a Caries Management Option for the Young Child”.
• A feature on “Considerations Concerning Obesity-Related Education for Parents of Young Children”.
• Professional advice commentary on “Staying Focused on a Moving Target: Coping …

Dentistry And The Law: Know The Facts About Noncompete And Liquidated Damages Agreements, Dan Schulte Jd

The Journal of the Michigan Dental Association

Navigating dental employment agreements involves understanding the enforceability of non-compete and liquidated damages provisions. While these aim to protect the employer's business, courts may scrutinize their reasonability. In Michigan, noncompete terms of two years or less are generally deemed reasonable, and the restricted area must align with the patient base. A $15,000 liquidated damages amount per patient might face challenges, as it should relate reasonably to actual damages. Courts may also consider equitable factors and the employer's adherence to the agreement. Both employers and employees benefit from reasonable restrictions, avoiding potential legal disputes.

A Paradox Theory Approach To Investigating Individual Level Responses To Corporate Social Responsibility In Small To Medium Enterprises, Muhammad Abdulsater

Theses

In Australia, small and medium-sized enterprises (SMEs) occupy important positions within their communities, contributing to employment and national economic growth. Despite their significance, it remains unclear how SME owners, as individuals, navigate and respond to the tensions arising from their unique business characteristics and the adoption of social and environmental activities. This research aims to bridge this knowledge gap by investigating how SME owners manage and respond to paradoxical tensions in implementing social and environmental responsibility practices within the SME context. The conventional definition of corporate social responsibility (CSR) does not integrate with the lexicon or landscape of SMEs. This …

The Pursuit Of Peace: Adlai Stevenson’S Impact On The Cuban Missile Crisis, Alexandra M. Buonanno

Pell Scholars and Senior Theses

This paper explores the idea that Adlai Stevenson was a more significant member of the Executive Committee of the National Security Council and voice for peace than given credit for. It includes the betrayal of Stevenson by JFK during the Bay of Pigs fiasco and how many members of the Kennedy administration felt Stevenson was too naive and weak to be an ambassador to the United Nations during the Cold War. This papers seeks to prove that without Adlai Stevenson the Cuban Missile Crisis would have ended horrifically rather than peacefully.

Eco-Illusions: Unveiling Greenwashing Techniques On Corporate Social Media, Madeline B. Davis

Pell Scholars and Senior Theses

As the climate crisis continues, businesses are becoming savvier with how they communicate their environmental impact to their audiences. Greenwashing, the act of making unsubstantiated claims about the environmental friendliness of products, is becoming more popular amongst unsustainable corporations. Past research shows that companies are using specific techniques to deceive consumers. By conducting a content analysis of five corporate Instagram accounts from companies with past greenwashing allegations, this research used four main criteria to categorize greenwashed posts: color palette recurrent language, pleasant nature imagery, and vague appeals. Vague appeals were most commonly used online. Understanding how companies are perpetuating greenwashing …

Jimmy Carter’S Dilemma: The American Boycott Of The 1980 Summer Olympics, Grace E. Schoales

Pell Scholars and Senior Theses

Amidst strong political tension and the global uncertainty of the Cold War, an unlikely group of American college students took their skills to the Olympic ice in 1980, unknowingly preparing to make history. They defeated the notoriously tough Soviet Union team, boosting American pride across the nation. This victory left the U.S. feeling unstoppable and ready to face off against the Soviets again in a few months at the Moscow Summer Games. There was just one problem- the Carter Administration would soon announce the United States’ official boycott of the Games. This followed heightened Cold War tensions due to the …

Perceived Employer Authenticity Effects On Employee Engagement Demonstrated Through Csr/Esg Communications, Nichole P. Klaaren

Doctor of Business Administration Dissertations

Having an engaged workforce is a key competitive advantage in the market today due to the unique benefits that employees create through organizational culture and their relationships with stakeholders. With the increase in organizations participating in and reporting their Corporate Social Responsibility (CSR) and Environmental, Social, and Governance (ESG) activities to their stakeholders, communicating these types of activities becomes another tool for improving employee engagement. This research uses Social Identity Theory (SIT) to explain the important connections that can be built with employees when a corporation acts authentically. The key objective of this study was to explore how corporate authenticity …

Corporate Social Responsibility, Advertising Intensity, And Performance: The Importance Of National Philanthropic Environments, Alexey V. Semenov, Arilova A. Randrianasolo

Funded Scholarship

This study investigates the relationships among Corporate Social Responsibility (CSR), advertising intensity, and performance in different national philanthropic environments. National philanthropic environment is defined as the propensity of a nation to be philanthropic. Employing institutional theory, we hypothesize that (1) advertising intensity mediates the CSR/performance relationship, (2) national philanthropic environment moderates the relationship between CSR and advertising intensity, and (3) national philanthropic environments moderate the relationship between advertising intensity and performance. Using a sample of 262 firms from 10 countries, the results support the moderated mediation model. We demonstrate that the success of CSR programs depends on their effective integration …

Leadership And Environmental Sustainability: An Integrative Conceptual Model Of Multilevel Antecedents And Consequences Of Leader Green Behavior, Hannes Zacher, Clara Kühner, Ian M. Katz, Cort W. Rudolph

Psychology Faculty Publications

Environmental sustainability is a strategic and ethical imperative for organizations, and numerous studies have investigated associations between leadership and employee pro-environmental or “green” behavior. However, these studies have typically focused on leadership styles that conflate leader behavior with its assumed antecedents or consequences. Moreover, the literature on relations between leadership and environmental sustainability constructs is fragmented and in need of systematic integration to effectively guide future research and practice. Accordingly, we pursue three goals in this conceptual paper. First, after a brief review of key insights from extant theoretical and empirical research, we define leadership in the context of environmental …

Legal Status Of Bank Gospodarstwa Krajowego As A Public Development Finance Institution, Sebastian Skuza

Monografie/Monographs

Bank Gospodarstwa Krajowego jest istotną instytucją w krajowym systemie finansowym. Zakres powierzonych mu zadań spowodował, że niektóre kwestie związane z jego funkcjonowaniem postanowiono uregulować w drodze odrębnej ustawy, wprowadzając rozwiązania o charakterze lex specialis dotyczące banków działających na zasadach komercyjnych. Monografia, jako jedna z pierwszych na rynku, prezentuje krajowe rozwiązania prawne zawarte w ustawie z dnia 14 marca 2003 r. o Banku Gospodarstwa Krajowego, ich analizę oraz ocenę zasadności ich funkcjonowania w kontekście reguły lex specialis również w aspekcie rozwiązań zagranicznych. Autor dokonał również przeglądu innych powszechnie obowiązujących przepisów prawa krajowego, w szczególności ustawy o Prawie Bankowym, a także rozwiązań …

An Analysis Of The Public Participation Processes Employed For An Urban Greenway Project, Maeve O'Connell

Articles

The purpose of this study is to examine the public participation mechanisms employed for a proposed new infrastructure project. Public participation is a core characteristic of a contemporary democratic society as policy makers are increasingly encouraged to engage with citizens for learning and legitimacy. Participation is a loose concept with many forms and interpretations. This study explores the key characteristics of public participation formats, challenges to and the criteria for success. This analysis is then applied to the proposed local infrastructure consultation process. An additional survey is designed and its role in the public participation process is assessed. The processes …

Ethics In Action: Exploring B Corporation Certification, Value Congruence, And Empathy Within Organizations, Jiahui Lu

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation is comprised of three studies. It explores ethical practices within organizational settings from three different perspectives: a macro perspective, an individual perspective, and a micro-level interaction perspective. The first study examines the earnings management behavior of B Corporation managers, providing a macro view of how an external corporate certification may address the broader issue of business ethics. The findings of this study contribute to the legitimacy of B Corporations and our understanding of the relationship between corporate social responsibility and earnings management. The second study investigates the effect of value congruence on employee whistleblowing at for-profit social mission …

Promoting Esg Investing By Trustees: Risk Management And Structuring Solutions, Vincent Ooi, Alvin W. L. See

Research Collection Yong Pung How School Of Law

The world is falling behind on its commitments to tackle some of the most pressing problems of this century: climate change, inequality, and other obstacles to building a sustainable future. In 2015, all Member States of the United Nations adopted the 2030 Agenda for Sustainable Development which set out 17 Sustainable Development Goals (‘UNSDG’) and 169 targets spanning the spectrum of environmental, social and economic dimensions of development. At the mid-point to 2030, the UN Secretary-General reported that of the roughly 140 targets for which data is available, about 12 per cent are on track; more than half are moderately …

Why The Ethical Use Of Ai Matters For Your Career, Jack Mcguire, David De Cremer, Yorck Hesselbarth, Leander De Schutter

Research Collection Lee Kong Chian School Of Business

In the contemporary digital era, innovations such as artificial intelligence (AI) are profoundly transforming the business landscape (De Cremer, 2020). The buzz surrounding ChatGPT, coupled with recent assertions about the sentience of Google’s LaMDA, a large language model, underscore the prominence of chatbot technology in these advancements (Adamopoulou & Moussiades, 2020; Ryu & Lee, 2018; Tiku, 2022). Customer-oriented chatbots, an emergent application of this tech, offer unparalleled efficiency and cost-effectiveness, operating ceaselessly and responding to client inquiries in real time (Salesforce, Research, 2019). Yet, amidst these advantages lies an ethical conundrum. Customers cherish genuine human interaction and can become quickly …

Corporate Racial Responsibility, Gina-Gail S. Fletcher, H. Timothy Lovelace Jr.

Faculty Scholarship

The 2020 mass protests in response to the deaths of George Floyd and Breonna Taylor had a significant impact on American corporations. Several large public companies pledged an estimated $50 billion to advancing racial equity and committed to various initiatives to internally improve diversity, equity, and inclusion. While many applauded corporations’ willingness to engage with racial issues, some considered it further evidence of corporate capitulation to extreme progressivism at shareholders’ expense. Others, while thinking corporate engagement was long overdue, critiqued corporate commitment as insincere.

Drawing on historical evidence surrounding the passage of Title II of the Civil Rights Act of …