Digital Commons Network^™

Governing Corporate Compliance, Miriam H. Baer

Faculty Scholarship

In light of the financial meltdown of 2008, it is reasonable to question whether the prior decade’s emphasis on corporate compliance - the internal programs that corporations adopt in order to educate employees, improve ethical norms, and detect and prevent violations of law - has been fruitful. This Article contends that the key problem with compliance is that we regulate it through an adversarial system that pits federal prosecutors against corporate defense counsel, fueling distrust between corporate entities and the government, and between the corporate employees and the internal monitors tasked with ensuring compliance. Despite this adversarial atmosphere, a number …

2009 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 24

An Interview with Bernhard Schlink, page 34

“You shall love the stranger, for you yourselves were once strangers in the land of Egypt.”, page 40

Arguing Ashcroft v. Iqbal: A View from the Lectern, page 48

Their Defining Moments, page 52

Alumni News, page 58

Defining A Forensic Audit, G. S. Smith, D. L. Crumbley

Journal of Digital Forensics, Security and Law

Disclosures about new financial frauds and scandals are continually appearing in the press. As a consequence, the accounting profession's traditional methods of monitoring corporate financial activities are under intense scrutiny. At the same time, there is recognition that principles-based GAAP from the International Accounting Standards Board will become the recognized standard in the U.S. The authors argue that these two factors will change the practices used to fight corporate malfeasance as investigators adapt the techniques of accounting into a forensic audit engagement model.

Sweetening The Deal: Strengthening Transnational Bribery Laws Through Standard International Corporate Auditing Guidelines, Timothy W. Schmidt

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Qualitative Information In Annual Reports & The Detection Of Corporate Fraud : A Natural Language Processing Perspective, Sunita Goel

Legacy Theses & Dissertations (2009 - 2024)

High profile cases of fraudulent financial reporting such as those that occurred at Enron and WorldCom have shaken public confidence in the U.S. financial reporting process and have raised serious concerns about the roles of auditors, regulators, and analysts in financial reporting. In order to address these concerns and restore public confidence, the Sarbanes-Oxley Act (SOX) of 2002 was enacted. However, SOX has not lived up to its promise. Numerous cases of fraudulent financial reporting have surfaced in the post-SOX era. So far, the major thrust of research has been on examining fraud that has already been discovered. This dissertation …

Analysis Of Attacks On Web Based Applications, Brandon Scott Miller

Graduate Theses, Dissertations, and Problem Reports (ETD)

As the technology used to power Web-based applications continues to evolve, new security threats are emerging. Web 2.0 technology provides attackers with a whole new array of vulnerabilities to exploit. In this thesis, we present an analysis of the attacker activity aimed at a typical Web server based on the data collected on two high interaction honeypots over a one month period of time. The configuration of the honeypots resembles the typical three tier architecture of many real world Web servers. Our honeypots ran on the Windows XP operating system and featured attractive attack targets such as the Microsoft IIS …

Restoring Legal Aid To The Poor: A Call To End Draconian And Wasteful Restrictions, Rebekah Diller, Emily Savner

Fordham Urban Law Journal

A growing number of national, state, and local voices have called for reform of the legal services restrictions. Reports by Access to Justice and legal services commissions in eighteen states have identified the restrictions as substantial barriers to justice.Others have spoken out about the harms of the restrictions, and particularly their application to non-LSC funds. Describing a lawsuit filed by Oregon against the “program integrity rule,” Governor Ted Kulongoski said: “The important point is that for the first time a state is now party to a suit that attempts to free Legal Aid from restrictions that serve no purpose other …

Reinventing The Sec By Staring Into Its Past, James D. Cox

Faculty Scholarship

No abstract provided.

Sarbanes-Oxley Writ Large: Sarbanes-Oxley And The Foreign Commerce Clause, Karl T. Muth

Journal of International Business and Law

No abstract provided.

In Pursuit Of Justice Prosecuting Terrorism Cases In The Federal Courts - 2009 Update And Recent Developments, James J. Benjamin Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Book Review: Index To Legal Citations And Abbreviations, 3rd Ed., Duncan E. Alford

Faculty Publications

No abstract provided.

In Pursuit Of Justice Prosecuting Terrorism Cases In The Federal Courts - 2009 Update And Recent Developments, James J. Benjamin Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Compensating Defrauded Investors While Preserving The Sec's Mission Of Deterrence: A Call For Congress To Counteract The Troubling Consequences Of Stoneridge, Adam Reiser

Utah Law Review

In Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc." the U.S. Supreme Court ruled that there is no private cause of action against aiders and abettors to a securities fraud. Instead, the Court ruled that only the Securities and Exchange Commission (SEC) could pursue civil damages against aiders and abettors. This Note reviews the history that led to Stoneridge, and argues that Stoneridge leaves defrauded investors with little or no renledy against the aiders and abettors who wronged them. Additionally, Stoneridge presses unfavorable side effects on the SEC, most notably forcing the SEC to take on an overly broad role as …

The Belt And Suspenders Approach: The Advantages Of A Formalized Environmental Compliance Program, Carol Dinkins, Sean Lonnquist

Utah Law Review

Because environmental crimes can be committed by businesses, regulating and enforcement entities such as the Department of Justice (“DOJ”) and the Environmental Protection Agency (“EPA”) may have a particular interest in indicting a corporation as a means of protecting the public at large. Although major environmental statutes such as the Clean Water Act and the Clean Air Act provide for civil penalties, some environmental violations are such that criminal charges may be appropriate both as a means of punishing wrongdoing and also to deter future violations. Additionally, the U.S. Attorneys’ Manual states prosecution of corporate crime is a high priority …

Prevention Of Elder Mistreatment In Nursing Homes: Competencies For Direct-Care Staff, Dana Dehart, Jennifer Webb, Carol Cornman

Faculty and Staff Publications

Existing training on elder mistreatment in nursing homes focuses on detection and reporting of abuse, with little training specifically targeted toward prevention of mistreatment before it occurs. We used qualitative interviews with nursing home staff, policymakers, and related professionals to identify training needs. Based on participant accounts, we drafted a number of competencies essential for caregiver training to prevent mistreatment in nursing homes. Competencies include those dealing with: definitions and policies; risks for mistreatment; communication and respect; and development of a cooperative working environment. Competencies are discussed along with illustrative examples, and implications for practice and policy are addressed.

The Who, What, Where, When, And Why Of Whois: Privacy And Accuracy Concerns Of The Whois Database, Kathryn Elliott

SMU Science and Technology Law Review

No abstract provided.

Self-Reported Cyber Crime: An Analysis On The Effects Of Anonymity And Pre-Employment Integrity, Ibrahim Baggili, Marcus Rogers

Electrical & Computer Engineering and Computer Science Faculty Publications

A key issue facing today’s society is the increase in cyber crimes. Cyber crimes pose threats to nations, organizations and individuals across the globe. Much of the research in cyber crime has risen from computer science-centric programs, and little experimental research has been performed on the psychology of cyber crime. This has caused a knowledge gap in the study of cyber crime. To this end, this research focuses on understanding psychological concepts related to cyber crime. Through an experimental design, participants were randomly assigned to three groups with varying degrees of anonymity. After each treatment, participants were asked to self-report …

Spring 2009

University of Richmond Magazine

No abstract provided.

Spiritual Formation And Southern Baptist Clergy, Candace Kay Hardin

ATS Dissertations

No abstract provided.

Employee Benefit Plans Industry Developments - 2009; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Regulation Of Israeli Lawyers: From Professional Autonomy To Multi-Institutional Regulation, Neta Ziv

Fordham Law Review

No abstract provided.

Where Were The Accountants? Deepening Insolvency As A Means Of Ensuring Accountants' Presence When Corporate Turmoil Materializes, Lauren Colasacco

Fordham Law Review

Managerial fraud and corporate mismanagement are pervasive in today's economic climate. Previously healthy coporation find themselves in economic turmoil and even in the throes of bankruptcy. Oftentimes these corporate failures can be prevented through responsible management and proper gatekeeping. Accountants, as vital intermediaries between corporations and the parties they do business with, ensure the credibility of corporate financial statements. This gatekeeping function cannot be underestimated. Accountants have the power to prevent corporation from taking on unnecessary debt via misstatements of corporate financial health. This Note proposes that the tort of deepening insolvency is a method of ensuring that accountants, by …

Securities Class Actions, Cafa And A Countrywide Crisis: A Call For Clarity And Consistency, Denise Mazzeo

Fordham Law Review

The unfolding of the credit crisis raises novel issues in securities litigation. This Note explores the conflict between the nonremoval provision of the Securities Act of 1933 (’33 Act) and the removal provisions of the Class Action Fairness Act of 2005 (CAFA), and their interplay in the context of class actions involving mortgage-backed securities. Circuits are currently split over whether or not such class actions are removable under CAFA. The Seventh Circuit and the Southern District of New York have held that class actions asserting only ’33 Act claims are removable under CAFA unless they fall within one of CAFA’s …

Mapping The American Shareholder Litigation Experience, Randall Thomas, James D. Cox

Vanderbilt Law School Faculty Publications

In this paper, we provide an overview of the most significant empirical research that has been conducted in recent years on the public and private enforcement of the federal securities laws. The existing studies of the U.S. enforcement system provide a rich tapestry for assessing the value of enforcement, both private and public, as well as market penalties for fraudulent financial reporting practices. The relevance of the U.S. experience is made broader by the introduction through the PSLRA in late 1995 of new procedures for the conduct of private suits and the numerous efforts to evaluate the effects of those …

A Theory Of Complex Adaptive Inquiring Organizations: Application To Continuous Assurance Of Corporate Financial Information, John Kuhn

Electronic Theses and Dissertations

Drawing upon the theories of complexity and complex adaptive systems and the Singerian Inquiring System from C. West Churchman's seminal work The Design of Inquiring Systems the dissertation herein develops a systems design theory for continuous auditing systems. The dissertation consists of discussion of the two foundational theories, development of the Theory of Complex Adaptive Inquiring Organizations (CAIO) and associated design principles for a continuous auditing system supporting a CAIO, and instantiation of the CAIO theory. The instantiation consists of an agent-based model depicting the marketplace for Frontier Airlines that generates an anticipated market share used as an integral component …

Inference-Guiding On Bayesian Knowledge-Based Systems, Jinchang Wang

Journal of International Technology and Information Management

Bayesian network is a robust structure for representing knowledge containing uncertainties in a knowledge-based system. In applications of expert systems and knowledge-based systems, it often happens that initial data are not sufficient to derive a conclusion of high enough certainty. Inference-guiding is in that case to identify the missing information, pursue its value, and lead inference to a conclusion. This paper presents and characterizes a criterion for effectively selecting key missing information, and thereby develops a “smart” inference approach with the inference-guiding function based on the newly developed criterion for uncertain inference in a Bayesian knowledge-based system.

The End Of Corporate Law, Dalia Tsuk Mitchell

GW Law Faculty Publications & Other Works

This article examines how corporate law, specifically the rules applicable to the allocation of power among directors, executives, and shareholders, has become ineffective as a means of regulating corporate power. I argue that in the course of the twentieth century corporate law has been used first to legitimate corporate power and then to exempt those exercising it from liability. The article focuses on jurists’ responses to the growth of the publicly held corporation in the early twentieth century, their midcentury attempts to create corporate democracy, and their ultimate turn to markets as the means of regulating corporate power.

Continuous Fraud Detection In Enterprise Systems Through Audit Trail Analysis, Peter J. Best, Pall Rikhardsson, Mark Toleman

Journal of Digital Forensics, Security and Law

Enterprise systems, real time recording and real time reporting pose new and significant challenges to the accounting and auditing professions. This includes developing methods and tools for continuous assurance and fraud detection. In this paper we propose a methodology for continuous fraud detection that exploits security audit logs, changes in master records and accounting audit trails in enterprise systems. The steps in this process are: (1) threat monitoringsurveillance of security audit logs for ‘red flags’, (2) automated extraction and analysis of data from audit trails, and (3) using forensic investigation techniques to determine whether a fraud has actually occurred. We …

Data Breaches: What The Underground World Of Carding Reveals, Kimberly Peretti

Santa Clara High Technology Law Journal

No abstract provided.

Study Of The Sarbanes-Oxley Act Of 2002 Section 404 Internal Control Over Financial Reporting Requirements, Gennaro Bernile

Research Collection Lee Kong Chian School Of Business

No abstract provided.