Business Law, Public Responsibility, and Ethics Commons^™

The Limits Of Individual Prosecutions In Deterring Corporate Fraud, Samuel W. Buell

Faculty Scholarship

Fifteen years after the largest financial scandal and economic crisis in a century, discussion of the problem of corporate crime too often borders on cliché. Endless calls from Congress, the media, the public, many scholars, and even the Justice Department itself, to recommit, over and over, to locking up more managers and executives to deter corporate wrongdoing portray the problem as relatively straightforward and blame legislative and executive failure of will. Through examination of the litigation record from over 100 prosecutions spanning the period from the 2008 financial crisis to the present, this Article presents evidence that relying on individual …

Professionalism In Artificial Intelligence: The Link Between Technology And Ethics, Anton Klarin, Hossein Ali Abadi, Rifat Sharmelly

Research outputs 2022 to 2026

Ethical conduct of artificial intelligence (AI) is undoubtedly becoming an ever more pressing issue considering the inevitable integration of these technologies into our lives. The literature so far discussed the responsibility domains of AI; this study asks the question of how to instil ethicality into AI technologies. Through a three-step review of the AI ethics literature, we find that (i) the literature is weak in identifying solutions in ensuring ethical conduct of AI, (ii) the role of professional conduct is underexplored, and (iii) based on the values extracted from studies about AI ethical breaches, we thus propose a conceptual framework …

You Fooled Me, So I'Ll Tell You About Myself! Personnel-Related Brand Betrayal Experiences And Disclosure Of Personal Information, Teck M. Tan, Jari Salo, Jaakko Aspara

Research outputs 2022 to 2026

Past research has extensively studied the negative effects of brand betrayals on consumer attitudes, but largely ignored their potential positive consequences. Also, while previous research has focused on betrayals made by the brand itself, it has paid less attention to betrayals by the brand's personnel. This paper focuses on one potentially important positive consequence of brand personnel betrayal experiences (a consumer's feeling of being betrayed by the brand staff members): the increased willingness of consumers to share personal insights and information with the brand after experiencing a brand personnel betrayal. A field data set and two online experiments show that …

Board Demographic, Structural Diversity, And Eco-Innovation: International Evidence, Rashid Zaman, Kaveh Asiaei, Muhammad Nadeem, Ihtisham Malik, Muhammad Arif

Research outputs 2022 to 2026

Research question/issue: We examine whether and how board diversity, measured by demographics (i.e., board gender, cultural diversity, tenure, social capital, expertise, and age) and structural diversity (i.e., board independence, size, board seat accumulation-chair, board compensation, and board meeting frequency), influence corporate eco-innovation. Research findings/insights: Utilizing a global sample of publicly listed companies for the period 2004–2019, we find that a one-standard deviation increase in demographic and structural diversity translates into 4.66% and 7.11% higher corporate eco-innovation, respectively. Furthermore, we discover that demographic and structural diversity promotes eco-innovation by offsetting the negative effects of political risk. In an additional analysis, we …

Climate Change Concerns And Mortgage Lending, Tinghua Duan, Frank Weikai Li

Research Collection Lee Kong Chian School Of Business

We examine whether beliefs about climate change affect loan officers’ mortgage lending decisions. We show that abnormally high local temperature leads to elevated attention to and belief in climate change in a region. Loan officers approve fewer mortgage applications and originate lower amounts of loans in abnormally warm weather. This effect is stronger among counties heavily exposed to the risk of sea-level rise, during periods of heightened public attention to climate change, and for loans originated by small lenders. Additional tests suggest that the negative relation between temperature and approval rate is not fully explained by changes in local economic …

Impact Of Leadership On Unethical Pro-Organizational Behavior: A Systematic Literature Review And Future Research Directions, Rahatulaain Ahmad, Mehran Nejati, Ben Farr-Wharton, Tim Bentley

Research outputs 2022 to 2026

Unethical pro-organizational behavior (UPB) has received growing attention from organizational scholars in recent years. As leadership is a key predictor of employee behavior in organizations, research focusing on leadership and UPB holds great potential for theoretical and practical advancements. The current paper presents a comprehensive systematic review of published research exploring leadership and UPB since 2010. The review not only situates the concept of UPB within the relevant literature, but also incorporates various analyses, including context, theoretical perspective, and research design. It also identifies the leadership-based independent variables, mediators, and moderators that impact UPB, which can help advance future theorizing …

Board Commitment, Continuous Education Program And Firm Performance: A Law And Governance Context, Ahmad Saiful Azlin Puteh Salin, Zubaidah Ismail, Malcolm Smith

Research outputs 2022 to 2026

The majority of worldwide corporate governance codes mandate that directors allocate an adequate amount of time to fulfil their responsibilities and consistently enhance their knowledge and abilities through continuous education programs. These two factors are crucial in propelling the organisation towards higher levels of success and satisfying the needs of the stakeholders. This research aims to analyse the impact of board commitment and their access to education on firm performance. After analysing the annual reports of Malaysian public listed companies, this study does not find any conclusive evidence to support earlier research that highlights the advantages of having a director …

Board Ethical Commitment And Corporate Performace: A Qualitative Perspective, Ahmad Saiful Azlin Puteh Salin, Zubaidah Ismail, Malcolm Smith

Research outputs 2022 to 2026

The purpose of the study is to explore the responsibilities of directors in creating a good ethical culture in their organisation and examine whether good ethical practices are able to enhance a company’s performance. To achieve this purpose, face-to-face semi-structured interviews with directors as the respondents are employed as a data collection method. This study found that board ethical commitments are necessary elements for sustaining the good performance of a company. The planning and monitoring of these ethical practices are the responsibilities of the board of directors, which then will be executed by top management, led by the chief executive …

Implementation Of The Dutch Biking System In The United States Subject: Portsmouth Nh, Linda K. Freeman

Honors Theses and Capstones

This thesis explores the feasibility of implementing the Dutch Biking System in the United States, focusing on Portsmouth NH as a potential candidate for such infrastructure development. By analyzing the history of bicycles, the Dutch biking system, and the American biking system, the study aims to establish the need for enhanced biking infrastructure in the U.S. The research outlines a comprehensive implementation plan based on cost considerations and project scope, with a long-term vision spanning several decades. Key stakeholders, including civil engineers, communications specialists, and data analysts, play crucial roles in designing, promoting, and evaluating the biking infrastructure. The study …

A New Industry For Student- Athletes: An Analysis Of Nil Implications On Well-Being And Team Dynamics, Jamison W. White

Honors Theses and Capstones

As of June 2021, college athletes are allowed to benefit from selling their name, image, and likeness (NIL) by engaging in contracts with sponsors and businesses. Even though this law was passed to allow athletes to earn a fair pay for their hard work though utilizing their popularity and engaging with fans, its potential effect on athletes remains uncertain. This research examines the effects of NIL agreements on student-athletes’ well-being and team perceptions. More specifically, does the adoption of NIL place additional stress on student- athletes or disrupt their team dynamics? If so, what support can be granted to allow …

Artificial Intelligence And The Entertainment Industry, Caroline Rae Mccarthy

Honors Theses and Capstones

Artificial intelligence is a fast-growing technology that is quickly taking over many industries, such as the entertainment industry. Artificial intelligence has the capability to replicate voices, create fake videos and photos, called deepfakes, of just about anything, and can practically bring people back to life. This technology, as it stands now, is similar to the wild west because in the vast majority of places, it’s lawless. Artificial intelligence is growing so rapidly that lawmakers haven’t had a chance to keep up. This paper explains more of what AI does in everyday life, and how its abilities can impact the entertainment …

Expanding Mfw: Delaware Law Should Offer A Business Judgment Rule Safe Harbor For All Conflicted Controller Transactions, Alex Lindsey

Fordham Journal of Corporate & Financial Law

While courts usually defer to a board’s business decisions under the business judgment rule, courts will apply a much less deferential standard of review due to loyalty concerns if a conflicted controller is involved in a business decision such as a merger. However, in Kahn v. M & F Worldwide (“MFW”) when a squeeze out merger was challenged by a minority stockholder, the Delaware Supreme Court reviewed the transaction under the deferential business judgment rule standard because the Court found that the structure of the transaction neutralized the controller loyalty concerns. Building on this reasoning, the Court developed a checklist …

The Problem With The “Non-Class” Class: An Urgent Call For Improved Gatekeepers In Merger Objection Litigation, Josh Molder

Fordham Journal of Corporate & Financial Law

Until recently, class actions dominated merger objection litigation. However, plaintiff’s lawyers have constructed a “non-class” class where an individual suit can benefit from the leverage of a certified class without ever meeting the stringent class certification requirements of Federal Rules of Civil Procedure 23. This new development has initiated a shift in merger objection litigation where plaintiffs are increasingly filing individual suits instead of class actions. However, this shift has left shareholders vulnerable to collusive settlements because plaintiff’s attorneys have significant control over these suits and a strong incentive to settle quickly for a substantial fee. Additionally, corporate defendants are …

Loophole Entrepreneurship, Brian M. Sirman

Fordham Journal of Corporate & Financial Law

All entrepreneurs seek favorable legal or regulatory treatment for their businesses. Sometimes this leads an entrepreneur to build a business within a gap in the law—a loophole. In so doing, these “loophole entrepreneurs” may avoid steep regulatory compliance costs that otherwise would beset (or perhaps prohibit) their businesses, thereby gaining advantages over competitors. Despite these benefits, loophole entrepreneurship is fraught with risks. Loopholes, by nature, are fragile, and their contours are often uncertain. Moreover, the stigma of “exploiting a loophole” (which connotes unfairness or deception) can provoke ill will among competitors, policymakers, and the public.

The ranks of loophole entrepreneurs …

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

Managing Diversity In A Culturally Fractional World: Review Of Diversity: A Key Idea For Business And Society (2023) By Mustafa F. Özbilgin, Cihat Erbil

Markets, Globalization & Development Review

No abstract provided.

Whither India’S Development: Toward Being A Super Power Or A Super Civilization?, Pradip Khandwalla

Markets, Globalization & Development Review

This commentary was triggered by my reading a lecture delivered by Saurabh Kumar, a former student of mine at Indian Institute of Management, who later served as India’s ambassador in various countries and international bodies. He bemoaned that China had much greater status in global affairs than India. Many others in India hanker for a super power status for India. I find this concern to be somewhat misguided. India should be aiming to be a great civilization, rather than a domineering superpower. The record of all the superpowers till now has been quite spotty in humane terms. My vision for …

Boeing Co: Ethical Failures And Business Scandals, Bahia Benabbad Touirs

Journal of Global Awareness

Recent advances in technology have completely changed people’s outlook on the world. Instant access to limitless information has revamped consumer behavior and expectations from the companies they interact with; therefore, social responsibility has become a crucial talking point in the business world as customers increasingly monitor their actions. A recent study showed that 70% of consumers want to know how brands are addressing social and environmental issues, and 46% of consumers believe it plays a decisive factor in their purchasing decision process (Duan, Hofer, & Aloysius, 2021). Even though this has its effects in every industry, this paper will focus …

Apple: Global Ethics And Transformational Leadership, Bisma Ahmed

Journal of Global Awareness

Apple Inc. is an American technological company that designs, manufactures, and sells various products such as laptops, phones, accessories, streaming services, licensing services, and so much more. The paper explores the corporate responsibility and unethical business practices that arise from the global sourcing of Apple’s products. The company established many relationships with suppliers in East Asia to meet the rigorous demands of consumers, promising high-quality products at the expense of factory workers. However, global sourcing comes with unethical business practices. There have been various cases against Apple’s suppliers. This research highlights unfair working conditions, overworking employees, and environmental pollution that …

Nyc Local Law 144: A Failed Attempt At Regulating Ai In Hiring, Christopher Janaro

Capstones

New York City recently passed a law that aims to regulate the use of automated AI tools in hiring. The Problem? Big business helped write it.