Business Law, Public Responsibility, and Ethics Commons^™

Blame It On The Algorithm (But Sue Them Both): Joint Enterprise And Agency In Ai-Driven Hiring Discrimination, Khushi Palan

American University Business Law Review

The proliferation of artificial intelligence (AI) in hiring processes has created a significant accountability gap in employment discrimination law. While federal statutes like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act focus on finding liability for traditional employers, they fail to adequately address the unique role of third-party AI vendors whose algorithms often drive discriminatory outcomes. This Comment examines the emerging legal landscape through the lens of Mobley v. Workday, where the District Court for the Northern District of California recognized that AI vendors can function as “agents” of …

Public Facing, Privately Shielded: The Employment Gap Created By Title Vii’S Private Club Exemption, Ansley Salmon

American University Business Law Review

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination by employers but exempts “bona fide private membership clubs” that are tax-exempt under Internal Revenue Code Section 501(c). Despite this seemingly clear statutory language, there is a notable lack of appellate decisions interpreting this exemption under Title VII. This scarcity of precedent has led to inconsistent approaches across circuits. For example, the Fifth Circuit has drawn heavily from the Private Club Exemption under Title II of the Civil Rights Act while the Seventh Circuit has treated the two exemptions as entirely distinct. This Comment argues that the Title …

The Tech-Nuclear Renaissance: A New Critical Juncture For American Nuclear Energy Policy, Henry P. Otte

CMC Senior Theses

Nuclear energy has re-emerged as a central priority in American energy policy. This thesis examines the Trump administration’s efforts to support nuclear energy development and plant restarts, and asks whether today’s nuclear renaissance represents a critical juncture for nuclear energy policy. By analyzing American, French, and Swedish nuclear energy history, this thesis applies a three-variable analytical framework, state autonomy and administrative structure, political permeability, and crisis influence, to identify the institutional conditions necessary for durable policy change and evaluate the structural characteristics of this new environment. The central finding is that today’s push is distinct from prior attempts at expansion, …

The Investor Perspective Of Materiality, Sam Lessinger

Honors Undergraduate Theses

Often auditors are asked to adopt the reasonable investor perspective in their materiality evaluations however, there is no consensus regarding what investors deem to be material. This can lead to confusion in the markets. In fact, past studies have shown how taking an investor perspective can backfire and may result in more leniency and fewer misstatements being deemed material by auditors. This leniency can, potentially, result in financial statements that mislead investors. The aim of this paper is to address the reasonable investor perspective to achieve a more complete understanding of an investor’s viewpoint. This study also incorporates the effect …

Timing Whistleblowing, Andrew K. Jennings

Faculty Articles

Whistleblower programs (WBPs) expose hidden corporate wrongdoing. They do so by offering retaliation protection and financial bounties to those who bring original information to law enforcement about unseen, and often complex, misconduct. Under a standard account, whistleblowing serves the public interest by increasing the ex post detection of illegal activity and the ex ante risk of its exposure. That standard view—which centers whistleblowing on detecting wrongdoing—is incomplete, however. To present a fuller view, this Article introduces a complementary model that refocuses whistleblowing as preventing wrongdoing. Working together, these models show that a WBP can do more than enable detection at …

Large Owner Expropriation Threat And Stock Option Pay's Effect On Firm Risk-­Taking Behaviors In Weak Institutions, Cuili Qian, Lipeng (Gary) Ge, Xuesong Geng, Jiatao Li, Maria Hasenhuttl

Research Collection Lee Kong Chian School Of Business

Research Question/Issue: This study investigates the impact of managerial stock option pay on firm risk-­ taking behaviors in aweak institutional context, a critical question that has been overlooked by the literature. Specifically, we build on the comparative corporate governance perspective that emphasizes the implications of large shareholders' expropriation threat in weak institutions to develop predictions about their impact on the stock option's incentive alignment effect. We further explore the boundary conditions of such a relationship.Research Findings/Insights: Based on a sample of Chinese listed firms between 2006 and 2016, we find that a high level of large shareholders' expropriation threat weakens …

Politics As Usual: Racial Pay Inequity And The Illusion Of Inclusion In The Rise And Fall Of Diversity, Equity, Inclusion, And Accessibility Executive Orders, Francois C. Melville

West Chester University Graduate Theses, Dissertations, and Final Projects

This research examines pressing moral policy questions of our time: who determines when the United States of America has fulfilled its broken promise of equality for all, and what constitutes an appropriate measure of reparative justice. It interrogates why the Diversity, Equity, and Inclusion (DEI) Executive Orders (EOs) implemented across presidential administrations, intended to advance social equity, were grounded in conflict and symbolic gestures rather than scientifically evidenced issues such as wage inequality directly linked to upward career mobility. Race conscious policy generates cultural clashes centered on the perception that gains made by Black and Brown Americans come at the …

Freedom Of Expression Protection And Corporate Concealment Of Bad News: Evidence From State Anti-Slapp Laws, Jimmy Lee, Shaphan Ng, Il Sun Yoo, Liandong Zhang

Research Collection School Of Accountancy

The protection of free speech enhances the ability of various public stakeholders to disseminate privately observed adverse information about public firms, making it difficult for corporate managers to conceal negative information about their companies. Using the staggered enactment of anti strategic lawsuit against public participation (anti-SLAPP) laws across U.S. states as a shock that strengthens free speech protection, we show that stronger protection is associated with less concealment of bad news. This is evidenced by a lower likelihood of stock price crashes, a decreased probability of accounting fraud, and an increased frequency of firm-initiated negative press releases. These results are …

Does Auditor Quality Enhance Csr Disclosure?, Jimmy Lee, Chee Yeow Lim, Gerald J. Lobo, Yanping Xu

Research Collection School Of Accountancy

We investigate the relation between auditor quality and client firms’ corporate social responsibility (CSR) disclosure. Using an international sample of firms from 36 countries over the period 2009–2018 and a measure of the extent of CSR disclosure from Bloomberg, we find strong evidence that client firms with higher quality auditors provide more CSR disclosure. In cross-sectional analyses, we show that the relation between auditor quality and CSR disclosure is accentuated when the information environment is poorer and when the financial reporting environment and the legal institutions are weaker. Lastly, we document that firms with higher quality auditors also exhibit better …

Ticking Toward Reform: Rethinking The Material Difference Exception In The Luxury Watch Resale Market And Beyond, Mallory K. Hogan

American University Law Review

The rapid growth of the luxury resale market has heightened tension between trademark holders and secondary-market sellers. Courts are increasingly left to apply the material difference exception to first sale doctrine defenses, to find trademark infringement when resold goods differ from the original product, even in de minimis ways. Originally designed to protect consumers from confusion where post-sale modifications affected product quality or safety, the exception has evolved into a broad enforcement tool that luxury brands leverage to challenge resellers over minor or cosmetic alterations. In the luxury watch and accessories markets in particular, courts have deemed even minimal differences …

Lawbreaking As A Method Of Competition, Sandeep Vaheesan

American University Law Review

Business competition is not a free-for-all in which firms can compete and triumph by hook or crook. Instead, market rivalry is a process structured by laws of general application and sector-specific rules. Certain competitive strategies and tactics are proscribed by statutes, regulations, and common law. Firms may not compete by bombing their rivals’ facilities, bribing the employees of wholesale customers, or making false claims about their own goods.

In a range of industries, however, firms choose to compete by violating laws protecting consumers, workers, businesses, and the public and obtaining an unfair cost or other advantage over their rivals. Examples …

Fostering Authentic Corporate Social Responsibility Through Place-Based And Relational Methodologies In Mining Governance: A Global Synthesis, Mehran Nejati, Eduardo Ordonez-Ponce, Rumen Rachev, Belen Lopez Vazquez

Research outputs 2022 to 2026

Purpose: As the global economy shifts towards low-carbon development, sustainable mining practices are becoming increasingly vital for balancing resource extraction with environmental and social responsibilities. This study aims to critically evaluate how traditional corporate social responsibility (CSR) frameworks fall short in addressing power asymmetries and territorial impacts, and to explore how place-based and relational methodologies can foster authentic corporate social responsibility (ACSR) in mining governance.

Design/methodology/approach: This review synthesises findings from 77 peer-reviewed studies published between 2015 and 2025, covering diverse global mining contexts. The analysis identifies transformative themes through a qualitative meta-synthesis approach, focusing on governance practices that empower …

Environmental, Social And Governance (Esg) Drivers Of Sustainability Transitions In Sub-Saharan Africa: Why One Size Does Not Fit All, Emmanuel Kwaku Manu, Bismark Asante, Gabriel Eweje

Research outputs 2022 to 2026

Despite growing emphasis on sustainability transitions in developing economies, evidence remains limited on how environmental, social and governance (ESG) conditions shape sustainability outcomes in sub-Saharan Africa (SSA). This study examines the environmental, social and governance drivers of sustainability transition performance across 39 SSA countries over the period 2000–2023. A composite sustainability transition performance index (STPI), constructed from renewable energy consumption and reverse-coded energy intensity indicators, is used to capture transition performance. A multi-method panel framework is employed to examine direct, conditional, nonlinear and dynamic relationships. The findings show that environmental pressures, particularly carbon intensity and energy use, consistently weaken sustainability …

Ethical Dilemmas And Paradoxical Tensions In Decision-Making: Investigating Leadership Perspectives In Private And Public Sector Organisations, Gabriel Eweje, Aymen Sajjad, Shobod Deba Nath, Prince Amoah

Research outputs 2022 to 2026

Leaders are increasingly confronted with growing complexity in organisational decision-making, particularly when navigating ethical dilemmas, managing inherent tensions, and reconciling conflicting stakeholder interests. This complexity highlights the need to examine leadership practices in diverse institutional settings. While effective decision-making requires a holistic response to the underlying situation, the ethical and value-driven dimensions of the process are often overlooked in the emerging literature. To address this gap, we examined how and why senior leaders in public and private sector organisations experience and navigate paradoxical ethical tensions between personal and organisational values. Drawing on in-depth interviews with 24 senior organisational leaders (e.g. …

Enhancing Military Health System Organizational Efficiency And Quality Of Care Through A Social-Ecological Framework, Eric L. Peipelman

College of Graduate Studies: Theses & Dissertations

Timely and fair adjudication of incivility-related actions within the Department of Defense (DoD) and Military Health System (MHS) is increasingly crucial for maintaining accountability, mission readiness, and quality of care. Ongoing delays in resolving workplace complaints and inefficiencies in resource-heavy adjudications highlight the need to shift from reactive complaint handling toward proactive civility promotion and transparent decision-making. This Integrated Learning Experience (ILE) introduces the Peipelman Civility Discussion and Assessment Toolkit (PCDAT)—a comprehensive, evidence-based framework designed to improve civility, optimize resources, and enhance communication, even in the MHS. Based on the Social-Ecological Model (SEM) and adapted from the Workplace Power and …

Corporate Social Responsibility In Iranian Knowledge-Based Companies: Exploring Barriers And Solutions, Mansoureh Mahdizadeh, Mehran Nejati

Research outputs 2022 to 2026

Purpose: This study aims to understand the barriers to corporate social responsibility (CSR) in Iranian knowledge-based companies and explore possible solutions to address them. Design/methodology/approach: This study used a qualitative research design, comprising semistructured in-depth interviews with key informants. Findings: Study findings show that the most important barriers to CSR in Iranian knowledge-based companies include insufficient financial resources, lack of competition between companies, lack of CSR importance, lack of people’s shareholding of most companies, lack of structure, lack of awareness, knowledge and information on CSR, lack of institutionalization of CSR concept in organizational culture, lack of management commitment, lack of …

Corporate Social Responsibility Portfolios In Mncs: Strategic Antecedents And Performance Implications, Mariam Yasmin

Graduate Theses, Dissertations, and Problem Reports (ETD)

The objective of this dissertation is to provide theoretical and empirical insights into strategic antecedents and financial performance implications of corporate social responsibility (CSR) portfolios in multinational corporations (MNCs). Specifically, the following research questions are studied: 1. How do the international cultural exploration, exploitation, and ambidexterity of a firm influence its CSR portfolio? (Study 1) 2. Do MNCs earn higher profits if they spread their CSR activities across many sustainable development goals (SDGs), or if they concentrate on them among a few? (Study 2) 3. Does environment, social, & governance (ESG) performance (ESG reputation and ESG controversies) moderate this relationship, …

Case Study: The Economic And Legal Challenges Moving From A Township To A City, George F. Dierberger Dr., Ibrahim Keita Dr., Cory Erickson

Journal of the North American Management Society

The paper examines the economic and legal challenges moving from a township to a municipality in the state of Minnesota. One of the authors was a member of the township board as they went through the process of educating the citizens on the risks and rewards of changing from a township to a municipality.

Maximizing Online Intersession Enrollment Through Targeted Course Offerings, Heather S. Mcmillan, Charles D. Mcallister

Journal of the North American Management Society

Abstract

Online winter intersession courses have become an increasingly important strategy for universities seeking to support accelerated student progression while generating incremental tuition revenue. This study examines ten years of winter intersession enrollment data from a public, master’s-level comprehensive university in the Midwestern United States to identify course characteristics associated with higher student enrollment. Using 12,520 individual enrollment records, the analysis focuses on course type (general education versus major requirement), course classification (lower level, upper level, blended undergraduate/graduate, and graduate), and course discipline. A series of ANOVAs and Bonferroni post-hoc tests reveal significant differences in enrollment across these dimensions, with …

Organizational Pitfalls Of The Dual-Identity Leader, Yvonne Randolph, Asa Wilson

Journal of the North American Management Society

The dual-identity leader (D-IL) is an individual assigned to one job description yet is, in practice, fulfilling an additional position’s role. This secondary role is self-determined; has not been assigned yet is being allowed by those with governance and/or executive authority. Three case examples of the D-IL are presented and discussed as a problematic leadership configuration for an organization. The personal characteristics driving this approach are identified as a foundation for clarifying the organizational consequences of such an executive leader. Preventative and corrective tactics are discussed that eliminate or minimize the adverse impact of the D-IL’s organizational behavior.