Business Law, Public Responsibility, and Ethics Commons^™

A Capability-Based View Of Boards: A New Conceptual Framework For Board Governance, Patricia Klarner, Toru Yoshikawa, Michael Hiit

Research Collection Lee Kong Chian School Of Business

A key role of board directors is to govern corporate strategy. Whereas prior research has provided insights into board roles and activities regarding board governance, the underlying capabilities required to govern effectively remain understudied. This article explores and explicates a capability-based view of board actions in which the specific capabilities that enable boards to govern strategic activities are identified. We specifically examine the conceptual foundations and different types of board capabilities, drawing on illustrative cases as well as information from interviews with board directors in the United States, Asia, and Europe. We then discuss several future research directions that can …

The Coronavirus Pandemic Shutdown And Distributive Justice: Why Courts Should Refocus The Fifth Amendment Takings Analysis, Timothy M. Harris

Loyola of Los Angeles Law Review

The 2020 Coronavirus Pandemic and the ensuing shutdown of private businesses—to promote the public’ s health and safety— demonstrated the wide reach of state and local governments’ police power. Many businesses closed and many went bankrupt as various government programs failed to keep their enterprises afloat.

These businesses were shut down to further the national interest in stemming a global pandemic. This is an archetypal example of regulating for the public health—preventing a direct threat that sickened hundreds of thousands of Americans. But some businesses were disproportionately hit while others flourished. Many who bore the brunt of these regulations sued, …

J Mich Dent Assoc February 2021

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!

In this issue, the reader will find the following original content:

• A feature article on “Pediatric Dentistry: Care for Our Youngest Patients in the Challenging Time”.
• A feature article, “The Hall Technique: A Minimally Invasive, Non-aerosol Approach for the Decayed Primary Molar”.
• The feature article, “Delayed Antibiotic Prescribing: A Simple Strategy to Promote Antibiotic Stewardship”.
• ”Dentistry and the Current State of the Opioid Epidemic in Michigan”, …

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …

Made In Bangladesh: The Unethical Treatment Of Sweatshop Workers, Samira Hossain

Emerging Writers

This article examines the treatment of sweatshops workers in Bangladesh, including causes of poor labor practices, and suggests solutions to improve practices.

Protecting Third Parties In Contracts, Kishanthi Parella

Scholarly Articles

Corporations routinely impose externalities on a broad range of non-shareholders, as illustrated by several unsuccessful lawsuits against corporations involving forced labor, human trafficking, child labor, and environmental harms in global supply chains. Lack of legal accountability subsequently translates into low legal risk for corporate misconduct, which reduces the likelihood of prevention. Corporate misconduct toward non-shareholders arises from a fundamental inconsistency within contract law regarding the status of third parties: On the one hand, we know that it takes a community to contract. Contracting parties often rely on multiple third parties—not signatories to the contract—to play important roles in facilitating exchange, …

Bostock, Zarda, And Harris Funeral Homes, Inc.: Finality At Last In Sex Discrimination, Edward J. Schoen

Rohrer College of Business Departmental Research

No abstract provided.

The Effect Of Professional Identity Salience And Leadership Climate On Accountants' Ethical Decisions, Yin Xu, Karl J. Wang, Doug Ziegenfuss

Accounting Faculty Publications

The purpose of this study was to examine the influence of contextual factors in organizations on accountants’ ethical decisions. Specifically, the study investigated whether professional identity salience and ethical leadership climate affected accountants’ ethical judgments and intentions to act more ethically. A study is conducted, in a 2 x 2 between-factorial design, by using certified public accountants (N=375) as participants. The findings show that accountants made more ethical judgments when professional identity salience was increased by highlighting the professional code of ethics. Accountants intended to act more ethically only when the leadership climate was positive. The results suggest that a …

Level Of Acceptance (Loa) For Scan-To-Bim Creation, William Fulton Ikerd Ii

Electronic Theses and Dissertations

This dissertation presents two contributions to the use of Reality Capture and Scan-to-BIM for facility management (FM). The first manuscript proposes a novel construct for accurately defining scope on Scan-to-BIM projects. Combining the concepts of tolerance, accuracy, and density of point cloud measurements, it will aid laser scan usage in new construction as-built validation, help renovation of existing buildings that lack as-built documentation, and support facility managers who lack accurate plans and digital twins of their buildings by helping determine and communicate the appropriate requirement for Scan-to-BIM. In view of making this process more efficient and cost effective, this article …

Unfaithful Representation: Understating Accounts Receivable In The Name Of Conservatism, Timothy G. Bryan

Faculty Submissions

This research empirically examines the relationship between conservatism in accounting and the allowance for doubtful accounts. A sample of companies’ financial data related to the allowance for doubtful accounts and bad debt expense in the chemical and allied products manufacturers industry, SIC 28, for the period from 2005 through 2017 was obtained. The results of analysis of this data indicate that the allowance for doubtful accounts is overstated in these firms and has become more overstated since 2004. This research is important as few have researched the allowance for doubtful accounts, and that research has not considered the allowance for …

Immigrant-Owned Small Businesses’ Participation In Diaspora Philanthropy: A Case Study During The Covid-19 Outbreak, Ximeng Chen

New England Journal of Entrepreneurship

Purpose – The concept of diaspora philanthropy contains the following two components: diasporas, who are individuals who live outside of their homelands but maintain a sense of identity with their home countries, and charitable giving provided by these diasporas to causes related to their hometowns. Often diaspora philanthropy happens through intermediary organizations such as hometown associations, internet-based philanthropic platforms and faith-based groups. Little research explores immigrant-owned small businesses as intermediary organizations for diaspora philanthropy. In the literature of social entrepreneurship, the theory of opportunity recognition provides insights on how do businesses identify opportunities for fulfilling social missions. However, it is …

Living Up To Your Codes? Corporate Codes Of Ethics And The Cost Of Equity Capital, Hong Kim Duong, Marco Fasan, Giorgio Gotti

Accounting Faculty Publications

Purpose-

Previous literature provides mixed evidence about the effectiveness of a code of ethics in limiting managerial opportunism. While some studies find that code of ethics is merely window-dressing, others find that they do influence managers' behavior. The present study investigates whether the quality of a code of ethics decreases the cost of equity by limiting managerial opportunism.

Design/methodology/approach-

In order to test the hypothesis, the authors perform an empirical analysis on a sample of US companies in the 2004–2012 period. The results are robust to a battery of robustness analyses that the authors performed in order to take care …

Appropriation Of Artisans' Intellectual Property In Fashion Design Accessories: Piracy Disguised As Giving Back?, Clovia Hamilton

Technology & Society Faculty Publications

Creative industries are industries focused on the creation and exploitation of intellectual propert, including art, fashion design, and related creative services, such as advertisement and sales. During a trip to Burkina Faso in \Nest Africa, Keri Fosse was taught by an African woman how to wrap newborns with fabric in a manner that creates a strong bond and frees the mother's hands for other tasks. Burkina Faso has a craft culture and is known for its woven cotton and the textile art of Bogolan. Bogolan is a technique original to Mali and involves the tradition of dyeing threads with bright …

The Global Goals: Bringing Education For Sustainable Development Into U.S. Business Schools, Nancy E. Landrum

School of Environmental Sustainability: Faculty Publications and Other Works

Purpose – This paper aims to learn how sustainability and the circular economy were being integrated into the curriculum of a Dutch university and to transfer that knowledge back to a US university business school curriculum. Given the resistance toward integrating sustainability into the US business school curriculum, the Dutch university served as a role model for education for sustainable development.

Design/methodology/approach – This case study used ethnographic methods of participant observation over a four-month residency at the Dutch university.

Findings – Themes observed are as follows: success in the current context relied upon sustainability being integrated into the culture …

The Ethical Controversy Around Gene-Editing Technology, Katrina Powers

A with Honors Projects

In this honors project, the author discusses the risks and benefits of using CRISPR to edit genetics.

State Government’S Impact On Campus Services For Unaccompanied Homeless Students, Tori Nuccio

West Chester University Doctoral Projects

College campuses have been creating targeted support programs in the last decade to assist students coming from at-risk backgrounds including those who are homeless. Although research has begun to look at the impact these programs are having on the students they serve, little research has been done on how outside support has influenced the development and construct of these programs. My research addresses this gap in prior works via an exploratory study of how the existence of statewide supports, including the formation of networks, within three different cases impact colleges’ ability to build support programs. As part of a case …

Developing A Measure Of Social, Ethical, And Legal Content For Intelligent Cognitive Assistants, Clovia Hamilton, William Swart, Gerald M. Stokes

Technology & Society Faculty Publications

We address the issue of consumer privacy against the backdrop of the national priority of maintaining global leadership in artificial intelligence, the ongoing research in Artificial Cognitive Assistants, and the explosive growth in the development and application of Voice Activated Personal Assistants (VAPAs) such as Alexa and Siri, spurred on by the needs and opportunities arising out of the COVID-19 global pandemic. We first review the growth and associated legal issues of the of VAPAs in private homes, banks, healthcare, and education. We then summarize the policy guidelines for the development of VAPAs. Then, we classify these into five major …

Don’T Get Screwed: What Factors Determine The Inclusion Of J. Crew Blockers?, Michael Sill

CMC Senior Theses

A “J. Crew Maneuver” is a type of collateral-stripping event that transfers the value of a nearly insolvent company from the lender to the borrower. This concept matters to lenders because it exposes them to significant downside risk through the loss of hundreds of millions of pledged collateral. While credit analysts and debt lawyers have commented on the importance of preserving creditor value ex ante through lender-protective clauses embedded within debt documents, this paper breaks ground on empirically studying the determinants of these protective clauses known as “J. Crew Blockers”. I hypothesize that private equity backing, a contractionary credit environment, …

Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta

CMC Senior Theses

The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …

Ethical Use Of Beauty In Advertising, Koca Chan

Honors Theses and Capstones

The use of beauty images in advertising has been generally deemed to be unethical in society, based on the general negative presupposition in modern western culture. The ethicalness of the display of high standards of beauty in advertisements is especially controversial and questionable in the advertising industry. Advertising watchdogs, social groups, and individuals have investigated the possibility of banning the display of high standards of beauty to be displayed in advertisings and publications. This paper argues that image advertising of high beauty standards may not be necessarily unethical in all situations. And under certain conditions, by considering and combining image(s) …