Digital Commons Network^™

Why “Good” Followers Go “Bad”: The Power Of Moral Disengagement, Craig E. Johnson

Faculty Publications - College of Business

Moral disengagement answers the question of why “good” followers (those with high personal standards) go “bad” (engage in unethical and illegal activities). In moral disengagement, actors set aside the self-condemnation they would normally experience in order to engage in immoral activities with a clear conscience. Moral disengagement mechanisms encourage individuals to justify harmful behavior, to minimize personal responsibility for harm, and to devalue victims. The follower role makes individuals more vulnerable to moral disengagement. While all followers are susceptible to moral disengagement, some are more vulnerable than others due to such personal antecedents as lack of empathy, rigid and authoritarian …

Broker-Dealers, Institutional Investors, And Fiduciary Duty: Much Ado About Nothing, Lin (Lynn) Bai

Faculty Articles and Other Publications

Under the mandate of Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the SEC is soliciting public opinions on whether broker-dealers should be subject to a fiduciary duty when advising retail and institutional investors. This paper focuses on the advisability of such a proposal for institutional investors. It shows that (1) a fiduciary duty could potentially enhance broker-dealers’ standard of conduct for only a subset of institutional investors who are well capitalized, capable of assessing risks independently, and acknowledge in writing their non-reliance on broker-dealers’ advice. Thus, the benefit of fiduciary duty is much narrower than what its …

Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen

Loyola University Chicago Law Journal

Criminal offenders who inflict serious bodily injury to another in the course of criminal conduct are typically sentenced more harshly than those who do not cause such injuries. But what if the harm caused is “mental” or “psychological” and not “physical”? Should the sentencing enhancement still apply? Federal and state courts are already wrestling with this issue, and modern neuroscience offers new challenges to courts’ analyses. This Article thus tackles the question: In light of current neuroscientific knowledge, when and how should sentencing enhancements for bodily injury include mental injuries? The Article argues that classification of “mental” as wholly distinct …

The Road Map For Class Certification Post- Halliburton Ii, Marc I. Gross

Loyola University Chicago Law Journal

No abstract provided.

Are Sox And Dodd-Frank Securities Law? The Answer Is Up In The Air, Geoffrey Christopher Rapp

Loyola University Chicago Law Journal

No abstract provided.

Should Courts Do Behavioral Analysis Of Boardroom Conduct?, Dale A. Oesterle

Journal of Business & Technology Law

No abstract provided.

Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi

Articles

No abstract provided.

Impact Of Online Versus Face-To Face Instruction On Appraisal Student's Morality Levels, Samuel Martin

Walden Dissertations and Doctoral Studies

The financial markets have been in a state of chaos for a number of years. Some of the chaos was attributed to appraisers bending under unethical pressure exerted by lenders. The purpose of this study was to explore whether mode of instruction affected appraiser morality when participating in a Uniform Standards of Professional Appraisal Practice (USPAP) course, as measured by Rest's Defining Issues Test (DIT-2). The research question examined the difference between the effect on the morality schema of continuing appraisal students taking the 7-hour USPAP CE course online versus students taking the course in a face-to-face environment. The research …

Is Strict Liability The Answer In The Battle Against Foreign Corporate Bribery?, Lena E. Smith

Brooklyn Law Review

No abstract provided.

From The 2014 World Cup To The 2016 Olympics: Brazil's Role In The Global Anti-Corruption Movement, Andrew B. Spalding

Law Faculty Publications

This Comment is the first in a series of publications on Brazil's efforts and, we hope, its successes in reducing corruption in the 2016 Olympic Games. It is written as part of a course at the University of Richmond School of Law entitled "Brazil, Corruption, and the 2016 Summer Olympics"-the co-authors are eight students and their pro- fessor. While the ultimate product will be a comprehensive analysis of the role of Brazilian law in controlling corruption, this Comment has a more modest purpose. It will discuss the various trends and forces that have converged on Brazil's hosting of the Games, …

Moving At A Glacial Pace: What Can State Attorneys General Do About Sec Inattention To Nondisclosure Of Financially Material Risks Arising From Climate Change?, Nina Hart

Sabin Center for Climate Change Law

In recent years, two certainties have created a mass of uncertainty for public companies. First, companies must disclose material financial information in their annual statements, known as 10-Ks, to the SEC. Second, climate change poses financial risks to the way businesses operate. Together, these principles have generated significant uncertainty within the regulatory and law enforcement arenas. Specifically, companies and law enforcement officials are uncertain about what risks stemming from climate change must be disclosed in 10-Ks, and how that information should be presented.

The actor primarily responsible for clarifying disclosure requirements is the Securities & Exchange Commission (SEC). This Note …

Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi

Georgia Law Review

In July 2011, the British newspaper The Guardian reported that journalists and private investigators working for Rupert Murdoch's tabloid News of the World had hacked into the mobile phone messages of teenage murder victim Milly Dowler after her reported abduction in 2002, thereby giving her parents and friends the false hope that she had accessed her phone and was still alive. While journalistic "dark arts"-such as phone hacking, covert surveillance, blagging had been used by the British tabloid press vis-A-vis celebrities and public persons for some time without triggering much press interest or public outrage, the Dowler story enraged the …

Random Thoughts Of A Federal District Judge, Shira A. Scheindlin Judge

Loyola University Chicago Law Journal

No abstract provided.

The New Policing Of Business Crime, Rachel E. Barkow

Faculty Articles

The central goal of this Article is to describe the burgeoning turn to new policing techniques in the business crime context and to offer some initial thoughts on the promises and limits of the approach. Part II begins by explaining the traditional or “old policing” of business crime. After implementing an initial strategy that focused on pursuing individuals, the government turned its attention to the organizations where those individuals operated. It increased the sanctions for violators and sought to target companies in an effort to prompt them to adopt internal compliance pro-grams. The focus on company compliance programs was designed …

A New Crime For Corporate Misconduct?, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

A History Of Forensic Accounting, Kristen Dreyer

Honors Projects

Forensic Accounting is a relatively new profession that uses ideas and techniques started centuries ago. The profession has been molded and shaped by many aspects of the shifting world including the economy, society, and legislation. The evolution of Forensic Accounting is described in this paper. Many examples of cases where Forensic Accountants have been critical to the solution are included. Charts and trends of the profession are used liberally to illustrate the progress of the profession throughout history.

Virtual Currencies Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence Trautman

Richmond Journal of Law & Technology

During 2013, the U.S. Treasury Department evoked the first use of the 2001 Patriot Act to exclude virtual currency provider Liberty Reserve from the U.S. financial system. This article will discuss: the regulation of virtual currencies, cybercrimes and payment systems, darknets, Tor and the “deep web,” Bitcoin; Liberty Reserve, Silk Road, and Mt. Gox. Virtual currencies have quickly become a reality, gaining significant traction in a very short period of time, and are evolving rapidly.

Back Matter

Seidman Business Review

No abstract provided.

The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

The Fourteenth Annual A.A. Sommer, Jr. Lecture On Corporate, Securities, And Financial Law At The Fordham Corporate Law Center, Michael M. Martin, Ben A. Indek, Chair Mary Jo White

Fordham Journal of Corporate & Financial Law

No abstract provided.

Seeing Is Believing: Do Analysts Benefit From Site Visits, Qiang Cheng, Fei Du, Xin Wang, Yutao Wang

Research Collection School Of Accountancy

Using the unique data of analysts’ site visits to Chinese listed companies, we examine whether and how analysts’ site visits help improve their forecast performance. We find that the forecast accuracy of analysts improves after they visit the target firms and this improvement still holds after controlling for the concurrent change in the forecast accuracy of analysts who do not conduct site visits. Such an improvement is more pronounced for firms with better corporate governance; for more experienced analysts; and for firms with higher earnings volatility. Moreover, the improvement of forecast accuracy is less pronounced when current site visits are …

Multi-Stakeholder Case Prioritization In Digital Investigations, Joshua I. James

Journal of Digital Forensics, Security and Law

This work examines the problem of case prioritization in digital investigations for better utilization of limited criminal investigation resources. Current methods of case prioritization, as well as observed prioritization methods used in digital forensic investigation laboratories are examined. After, a multi-stakeholder approach to case prioritization is given that may help reduce reputational risk to digital forensic laboratories while improving resource allocation. A survey is given that shows differing opinions of investigation priority between Law Enforcement and the public that is used in the development of a prioritization model. Finally, an example case is given to demonstrate the practicality of the …

Taxpayer Beware: A Jurisdictional Examination Of Deference Owed To Revenue Rulings And The Case For Congressional Action, Colin Barrett

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The (Un)Enforcement Of Corporate Officers' Duties, Megan Wischmeier Shaner

Faculty Articles

No abstract provided.

The Role Of The States In The Regulation Of Private Placements, Manning Gilbert Warren Iii

Kentucky Law Journal

No abstract provided.

Litigation Discovery And Corporate Governance: The Missing Story About The "Genius Of American Corporate Law", Érica Gorga, Michael Halberstam

Emory Law Journal

Strikingly absent from the entire corporate governance and corporate litigation debate is a unique feature of American civil procedure that deserves special attention: the modern civil discovery regime. This Article attempts to fill this gap. We argue that modern discovery, first established by the Federal Rules of Civil Procedure in 1938, has had a profound impact on the evolution of shareholder litigation, corporate governance, and the culture of corporate disclosure in the United States.

Corporate Revenue Miscalculations & The Impact On Stakeholders, Karen Cascini, Alan L. Delfavero, Ryan Bezner

WCBT Faculty Publications

Corporate earnings restatements are regarded as one of the most significant issues in accounting today. While there are various factors that can influence profitability, revenue is the key contributor to a business’ net income. During the 2000s, a multitude of domestic and multinational corporations faced significant issues with their revenue recognition practices. Although the investing public might regard any revenue restatement as laden with possible fraud, this is not always the case. Multinational firms face dual accounting systems, such as U.S. Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS). Currently, similarities and differences between the accounting systems …

Interdisciplinary Perspectives On Corruption, David Jancsics

Publications and Research

Corruption has become one of the most popular topics in the social scientific disciplines. However, there is a lack of interdisciplinary communication about corruption. Models developed by different academic disciplines are often isolated from each other. The purpose of this paper is to review several major approaches to corruption and draw them closer to each other. Most studies of corruption fall into three major categories: (i) rational-actor models where corruption is viewed as resulting from cost/benefit analysis of individual actors; (ii) structural models that focus on external forces that determine corruption; and (iii) relational models that emphasize social interactions and …

Criminal Accountability And Wall Street Executives: Why The Criminal Provisons Of The Dodd-Frank Act Fall Short, Jennifer G. Chawla

Seton Hall Law Review

No abstract provided.

Progression In The Age Of Recession: Restorative Justice And White-Collar Crime In Post-Recession America, Daniel Luedtke

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.