Business Law, Public Responsibility, and Ethics Commons^™

Gross Endowment Trust, Llc Et Al., Order On Defendants' Motion For Summary Judgment, Alice D. Bonner

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Content Trends In Sustainable Business Education: An Analysis Of Introductory Courses In The U.S., Nancy E. Landrum, Brian M. Ohsowski

School of Environmental Sustainability: Faculty Publications and Other Works

Purpose – This study aims to identify the content in introductory business sustainability courses in the USA to determine the most frequently assigned reading material and its sustainability orientation. Design/methodology/approach – In total, 81 introductory sustainable business course syllabi reading lists were analyzed from 51 US colleges and universities. The study utilized frequency counts for authors and readings and R analysis of key words to classify readings along the sustainability spectrum. Findings – The study reveals the most frequently assigned authors and readings in US sustainable business courses (by program type) and places them along the sustainability spectrum from weak …

Evaluation Of It Ethical Scenarios: A Multidimensional Analysis, Kristen L. King, Julia C. Graham

EKU Faculty and Staff Scholarship

Computer use is ubiquitous in today’s society. Many users work with computers in their personal and professional lives every day. As this usage continues to increase, misuse of computing resources causes harm to more and more individuals, businesses and society. This misuse and computer crimes have been problems for organizations for at least 20 years now (Panettieri, 1995; Straub and Nance, 1990). Ethical dilemmas have been used as a research technique to study business ethics for years and more recently, this research method has been extended to the field of Information Technology (Kreie and Cronan, 1998; Straub and Nance, 1990). …

Robert L. Nix Order On Motion For Attorney's Fees, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Defendants' Second Motion For Summary Judgment, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Drummond Financial Services Llc Et Al., Order On Discovery Disputes, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Why Domestic Enforcement Of Private Regulation Is (Not) The Answer: Making And Questioning The Case Of Corporate Social Responsibility Codes (Introduction), Anna Beckers, Mark Kawakami

Indiana Journal of Global Legal Studies

This issue aims to contribute to this debate by providing different perspectives on whether and how domestic enforcement of transnational private regulation through private law can and should be furthered, if at all. This is accomplished by narrowing the broader topic and focusing on the investigation of one particular area: the starting point of all the contributions will be the debate over private corporate social responsibility (CSR) codes and the case for or against their enforcement under domestic private law. These CSR codes are understood as codes of conduct developed and published by transnational corporations to show their globally applicable …

Legalization Under The Premises Of Globalization: Why And Where To Enforce Corporate Social Responsibility Codes, Anna Beckers

Indiana Journal of Global Legal Studies

This contribution advances the argument that global self-regulation through corporate social responsibility codes can and should be enforced under domestic private laws. Corporate social responsibility codes are defined as unilateral corporate commitments that indicate a corporation's willingness to take on a global regulatory role in the absence of a global political government-a phenomenon that is difficult to grasp from the perspective of traditional private law categories. The contribution thus starts by discussing the aspects in which private corporate codes and private law categories seem not to fit, and points to recent developments in substantive private law that could change this …

Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits

Indiana Journal of Global Legal Studies

A central question in the debate on corporate social responsibility is to what extent CSR codes can be enforced among private parties. This contribution argues that this question is best answered by reference to the applicable doctrinal legal system. Such a doctrinal approach has recently regained importance in American scholarship, while it is still the prevailing method of legal analysis in Europe. Applying a doctrinal analysis of CSR codes allows for the possibility of private law enforcement, that is, enforcement by means of contract or tort, dependent on three different elements: the exact type of claim that is brought, the …

A Lex Mercatoria For Corporate Social Responsibility Codes Without The State? A Critique Of Legalization Within The State Under The Premises Of Globalization, Larry Catá Backer

Indiana Journal of Global Legal Studies

Recent efforts have sought to theorize the legalization of the social and economic sphere that is undiminished by time. Though the context has changed over time, the project remains the same-to embed behavior control within a network of mandatory proscriptions attached in some authoritative way to the state. Corporate social responsibility has been bound up in corporate codes of behavior and related private governance standards systems. In that form, it serves as a key site for the evolution of legalization and legitimacy in governance. That evolution appears to take corporate social responsibility from its twentieth century formalist rigidity into something …

Pitfalls Of Over-Legalization: When The Law Crowds Out And Spills Over, Mark Kawakami

Indiana Journal of Global Legal Studies

While some academics argue that enforcing voluntary corporate codes of conduct with private law backed sanctions can improve the working conditions of marginalized workers in the global supply chain, there are various risks associated with this "legalization" process. Relying on evidence from the fields of sociology, psychology, and evolutionary anthropology, this contribution will discuss how external incentives like threats of legal sanctions can actually be detrimental to the intrinsic motivations of companies that want to be socially responsible. This paper will also analyze how the crowding out effect and the spillover effect that come with legalizing otherwise voluntary norms could …

Corporate Codes In The Varieties Of Capitalism: How Their Enforcement Depends On The Differences Among Production Regimes, Gunther Teubner

Indiana Journal of Global Legal Studies

Globalization has reinforced the conflicts among the varieties of capitalism. The colliding units are not just nation states, but transnational production regimes, which cut through national boundaries. The conflicts lead global corporate codes, which are developed by international organizations, to take different directions when they are concretized on the enterprise level. They will be differently enforced according to whether they are located in Liberal Market Economies (LME), adapted to the New Sovereignty of enterprises, or in Coordinated Market Economies (CME) with greater components of social welfare state and economic democracy.

Different patterns of enforcement emerge particularly when the courts have …

Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman

Indiana Journal of Global Legal Studies

Hundreds of thousands of men and boys are trafficked and enslaved on long-haul fishing boats in the waters off the coast of Thailand. These captives endure physical and mental abuse, inhumane working conditions, meager sustenance, and little sleep as they are forced to catch fish used in products such as cat food. This Note will focus on whether a proposed Act-the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (BSCT)-would impact the issue of forced labor linked to the seafood industry in Thailand, and particularly the portion of the industry that supplies fish used in American brand …

Corporate Codes As Private Co-Regulatory Instruments In Corporate Governance And Responsibility And Their Enforcement, Jan Eijsbouts

Indiana Journal of Global Legal Studies

Corporate Social Responsibility (CSR) codes have gained a prominent role as tools in self-regulation for companies to establish their basic values, norms, and rules that condition the conduct of directors, managers, employees, and-increasingly-of suppliers. This development must be seen in the light of two important paradigmatic changes in the concepts both of CSR and corporate governance. The former is no longer purely voluntary and the latter has become inclusive of CSR, each with far-reaching consequences for the raison d'itre and the place and function of the codes in the smart regulatory mix governing corporations. While the codes were based originally …

A Treaty On Enforcing Human Rights Against Business: Closing The Loophole Or Getting Stuck In A Loop?, Pierre Theilbörger, Tobias Ackermann

Indiana Journal of Global Legal Studies

This Article takes a human rights law perspective on the issue of enforcing corporate social responsibility. While corporations receive a variety of rights under international law, they do not equally hold a corresponding set of duties. The Article assesses the merits and shortcomings of existing initiatives to bridge this gap, in particular the Special Representative to the Secretary-General's (legally nonbinding) Framework and Guiding Principles, as well as the most recent initiative at the United Nations Human Rights Council on developing a (legally binding) treaty on business and human rights. While emphasizing that existing legal frameworks-such as human rights law, international …

The Ethics Of Representing Founders, Paul R. Tremblay

William & Mary Business Law Review

Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so, which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder-clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.

A lawyer working with a solo …

You Can’T Stop What You Can’T See: Complementary Risk Mitigation Through Compensation Disclosure, Matt Reeder

William & Mary Business Law Review

Section 956 of the Dodd-Frank Act requires regulators to help prevent the next financial crisis by monitoring executive compensation arrangements to prevent them from becoming excessive or leading to “material financial loss.” A now-pending rule seeks to do just this. This Article argues that the rule is well-conceived inasmuch as it limits the total portion of compensation that can be based on risk-inducing incentives, ties incentive-based compensation to longer-term performance, places a ceiling on potential incentivebased earnings, provides for downward adjustment and clawbacks, prohibits many hedging behaviors, and institutionalizes governance mechanisms and oversight policies. But, by placing a number of …

Morris Hardwick Schneider Llc Et Al Order On Plaintiffs' Motion To Dismiss Defendant Hardwick's Counterclaims And Motions For Protective Order And Stay, Melvin K. Westmoreland

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Drummond Financial Services Llc Order On Defendants' Motion For Partial Stay, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Pulte Home Corporation Order On Defendant' Choate Construction Company's Motion For Partial Summary Judgment, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.