Digital Commons Network^™

The Case That Won't Be Forgotten, Julia Powles

Loyola University Chicago Law Journal

In May 2014, Europe’s highest court planted a flag in the digital rights desert, declaring that individuals have limited, conditional rights against search engines. Popularized as the “right to be forgotten,” the case affirmed a right to data delisting. Specifically, European law provides a right to correct or block personal information from appearing on name searches if that information has lost its timeliness, relevance, or accuracy, and if it holds no public interest.

The European case has inspired a tremendous and vigorous public debate, marked by the general sentiment that it represents a worrying development for the Internet. Yet, the …

A Predictive Model For Self-Reported Computer Criminal Behavior Among College Students, Danielle M. Crimmins

Open Access Theses

Presently, computer crime is rampant and costly. Combating these crimes is not only focused on the technical aspect but also the individual behind the computer. Researchers agree the way to fight computer crime is to gain a better understanding of those behind the keyboard. In an effort to aid investigators in profiling computer criminals, the current study aims to add empirical literature relating to characteristics which predict computer behavior. The current study aims to test the Rogers, Seigfried and Tidke (2006) predictive model and determine if Internet addiction is related to self reported computer deviant behavior. By utilizing a snowball …

Managing The Wealth Of Nations: What China And America May Have To Teach Each Other About Corporate Governance, Daniel J. Morrissey

SMU Law Review

No abstract provided.

Is Deterrence Relevant In Sentencing White-Collar Criminals?, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Network Connections In Reit Markets, George D. Cashman, Stuart L. Gillan, David M. Harrison, Ryan J. Whitby

Finance Faculty Research and Publications

Relationships play a central role across the spectrum of real estate transactions. Whether negotiating prices, securing funding, or acquiring permits, knowing the right people provides multiple channels to facilitate deal making. To better understand the role of relationships in real estate markets, we examine how the connectedness of REIT directors is associated with deal making, growth, and profitability. We find strong evidence that REIT connections are positively associated with both deal making and accounting based measures of profitability, however, those relations do not translate into better market returns or higher valuations. One explanation of these somewhat contradictory results is that …

Excessive Corporate Risk-Taking And The Decline Of Personal Blame, Steven L. Schwarcz

Faculty Scholarship

Government agencies and prosecutors are being criticized for seeking so few indictments against individuals in the wake of the 2008-09 financial crisis and its resulting banking failures. This article analyzes why — contrary to a longstanding historical trend — personal liability may be on the decline, and whether agencies and prosecutors should be doing more. The analysis confronts fundamental policy questions concerning changing corporate and social norms. The public and the media perceive the crisis’s harm as a “wrong” caused by excessive risk-taking. But that view can be too simplistic, ignoring the reality that firms must take greater risks to …

Training The Next Generation Of Anti-Corruption Enforcers: International Anti-Corruption Curriculum In U.S. Law Schools, Elena Helmer, Mikhail Reider-Gordon

Journal of International Business and Law

No abstract provided.

Conditions Associated With Increased Risk Of Fraud: A Model For Publicly Traded Restaurant Companies, Elizabeth Yost

Electronic Theses and Dissertations

The central focus of this dissertation study is to understand the impact of the Sarbanes-Oxley Act and the factors that contribute to increased risk of fraud in order to determine why fraud may occur despite the imposed regulation of the Sarbanes-Oxley Act. The main premise of the study tests the application of the fraud triangle framework constructs to publicly traded restaurant companies during the time period of 2002-2014, using proxy variables defined through literature. Essentially, the study seeks to identify the factors that may provide the optimal criteria to engage in fraudulent or opportunistic behavior. The fraud triangle theoretical framework …

Form Vs. Function In Rule 10b-5 Class Actions, Amanda M. Rose

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Rodrigo’S Abstraction: Capitalism Inequality & Reform Over Time And Space, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Mission - Combat Fraud: A Survey Of State Mirror False Claims Acts To Prosecute Fraud And Abuse Surrounding The Medicaid Program, Alexa Salcito

Student Works

No abstract provided.

The Relationship Of Managers' Power Motivations To Personality Pathology, Jewel Darlene Adams

Walden Dissertations and Doctoral Studies

Research has shown that managerial leaders have a higher motivational need for power than those in other positions. A leader's personality traits have been shown to affect organizational performance. Leaders who score high in dark traits (undesirable personality attributes shown to predict career derailment across organizations, levels, and positions) could also be more likely to use company resources for personal gain. There is a paucity of research examining the correlation between managerial dark traits and the need for power. The purpose of this study was to examine the relationship between managers' dark trait scores as measured by the Hogan Development …

Market Intermediation, Publicness, And Securities Class Actions, Hillary A. Sale, Robert B. Thompson

Georgetown Law Faculty Publications and Other Works

Securities class actions play a crucial, if contested, role in the policing of securities fraud and the protection of securities markets. The theoretical understanding of these private enforcement claims needs to evolve to encompass the broader set of goals that underlie the securities regulatory impulse and the publicness of those goals. Further, a clear grasp of the modern securities class action also requires an updated understanding of how the role of market intermediation in securities transactions has reshaped the realities of securities litigation in public companies and the evolution of the fraud cause of action in the context of open-market …

Take Your Marketing Online!, Kelly Lucas, Sarah Warlick

Guides, Handbooks and Manuals

No abstract provided.

Legislating Morality Progressively - The Contraceptive Coverage Mandate, Religious Freedom, And Public Health Policy And Ethics, Michael J. Deboer

Journal of Law and Health

This Article studies the contraceptive coverage mandate from three different perspectives. First, it provides a historical treatment of the regulatory rules adopted by agencies in the Obama Administration – specifically, the Departments of the Treasury, Labor, and Health and Human Services, which this Article collectively refers to as “the Administration” or “the Departments” – that imposed the mandate, focusing specifically on the rulemaking processes used to develop and promulgate the rules. In performing this historical study, the Article traces the development of the mandate from its root in the ACA to full implementation in legislative (substantive) rules finalized by the …

Traumatic Brain Injury And The Law: Introduction, Sean O'Brien, Kenneth D. Ferguson

Faculty Works

Introduction to UMKC Law Review symposium issue focusing on the intersection of traumatic brain injuries (TBI) and the law.

Excessive Corporate Risk-Taking And The Decline Of Personal Blame, Steven L. Schwarcz

Emory Law Journal

Government agencies and prosecutors are being criticized for seeking so few indictments against individuals in the wake of the 2008¿2009 financial crisis and its resulting banking failures. This Article analyzes why¿contrary to a longstanding historical trend¿personal liability may be on the decline, and whether agencies and prosecutors should be doing more. The analysis confronts fundamental policy questions concerning changing corporate and social norms. The public and the media perceive the crisis¿s harm as a ¿wrong¿ caused by excessive risk-taking. But that view can be too simplistic, ignoring the reality that firms must take greater risks to try to innovate and …

Missouri! Bright Land Of The West: Civil War Memory And Western Identity In Missouri, Amy Fluker

Electronic Theses and Dissertations

This project argues that Missouri’s singular position as a border state not only between the North and South, but also between the East and West shaped the state’s Civil War experience as well as its memory of the conflict. During the Civil War, Missouri was a slaveholding border state on the western frontier and home to a diverse and divided population. Neither wholly Union nor Confederate, Missouri’s Civil War was bitterly divisive. In its aftermath, Missourians struggled to come to terms with what it had been about. They found no place within the national narratives of Civil War commemoration emerging …

Is The Price Right? An Empirical Study Of Fee-Setting In Securities Class Actions, Michael A. Perino, Lynn A. Baker, Charles Silver

Faculty Publications

Every year, fee awards enable millions of people to obtain access to justice and strengthen the deterrent effect of the law by motivating lawyers to handle class actions. But little research exists on why judges award the amounts they do or whether they size fee awards correctly. The process remains a black box. Through a detailed study of 431 securities class actions that settled in federal district courts from 2007 through 2012, this Article presents the first empirical study to peer inside that black box. In contrast to prior analyses, this study relies on the actual court filings in each …

Putting The 'Financial Stability' In Financial Stability Oversight Council, Hilary Allen

Scholarly Articles in Law Reviews & Journals

For all the ink that has been spilled on the topic of financial regulation since the financial crisis of 2007-2008, there has been little examination of the competing normative goals of financial regulation. Should the financial system be treated as an end in itself such that the efficiency of that system is the primary goal? Or should financial regulation instead treat the financial system as a means to the end of broader economic growth? This Article argues for the latter approach, and stakes out the controversial normative position that financial stability, rather than efficiency, should be the paramount focus of …

Employee Conduct When Administering Government Contracts In The Defense Logistics Agency, Sandra Genevieve Haynes-Michaels

Walden Dissertations and Doctoral Studies

The Office of the Inspector General in the Department of Justice reported cases of government contracting employees accepting bribes totaling over $540 million within a 6-year period. The purpose of this case study was to explore the perceptions of government contracting managers regarding the knowledge needed to mitigate employees' unethical behaviors when administering government contracts. Previous studies on government contracting employees' unethical behaviors focused on employees' behaviors, but lacked data concerning managers' roles in mitigating employees' unethical behaviors. The study's conceptual framework was stakeholder theory. The data were gathered through semistructured interviews conducted with 21 government contracting managers in the …

Narrowing The Gap Of Financial Fraud Detection In Corporations, Solomon Aborbie

Walden Dissertations and Doctoral Studies

Business leaders remain exposed to financial and accounting fraud as well as loss of profitability, despite the dictates of the SOX Act of 2002. The most challenging aspect of corporate management is the unexpected nature of an emerging, existing, or an inherent financial risk. Guided by the evolution of fraud theory, this exploratory case study's purpose was to identify and explore the financial management strategies that corporate financial managers need to adequately protect investors. Twenty participants from a population group of corporate auditors of Fortune 1000 corporations within 70 miles of Columbus, Ohio provided input for this study. Data from …

Best Practices To Minimize Data Security Breaches For Increased Business Performance, Fedinand Jaiventume Kongnso

Walden Dissertations and Doctoral Studies

In the United States, businesses have reported over 2,800 data compromises of an estimated 543 million records, with security breaches costing firms approximately $7.2 million annually. Scholars and industry practitioners have indicated a significant impact of security breaches on consumers and organizations. However, there are limited data on the best practices for minimizing the impact of security breaches on organizational performance. The purpose of this qualitative multicase study was to explore best practices technology leaders use to minimize data security breaches for increased business performance. Systems theory served as the conceptual framework for this study. Fourteen participants were interviewed, including …

Polypharmacy Practice Inquiry Project, Mary T. Skinner

DNP Projects

“The impending crisis, which has been foreseen for decades, is now upon us.The nation needs to act now to prepare the health care workforce to meet the care needs of older adults.” Institute of Medicine.

Given the rising tide of people over the age of 65, taking multiple medications or polypharmacy is a becoming more prevalent in older adults. Unfortunately, there are many negative consequences associated with polypharmacy. Specifically, this burden has been associated with greater health care costs and an increased risk of adverse drug events, drug-interactions, medication non-adherence, reduced functional capacity and multiple geriatric syndromes including cognitive impairment. …

Form Vs. Function In Rule 10b-5 Class Actions, Amanda M. Rose

Vanderbilt Law School Faculty Publications

The Supreme Court’s widely anticipated decision last term in Halliburton Co. v. Erica P. John Fund, Inc. did little to change the fundamental landscape of securities fraud litigation in the United States. Rule 10b-5 class actions premised on the “fraud-on-the-market” presumption of reliance may still be brought, although it is now clear that defendants may present evidence of lack of price distortion to rebut that presumption at the class certification stage. Halliburton does, however, raise a variety of new questions that will keep plaintiffs’ lawyers and defense counsel fighting for years to come. Determining the answers to these questions will …

Fraud And Its Relation To The Hospitality Industry, Nicole Ross

Honors Theses

The purpose of this study is to analyze and explore the numerous components of fraud, including its relation and presence in the hospitality industry. Additionally, the study contains findings and analyses derived from participation in a professional development series conducted in a classroom setting and two accounting case studies hosted by PricewaterhouseCoopers and KMPG in Fall 2013. I will dissect fraud down to its various elements and compile a work plan and proposal originating from the findings from the study. The study examines the causes of fraud, people who commit fraud, fraud legislation, and fraud trends. Through primary and secondary …

Employees' Perceptions About The Deterrence Effect Of Polygraph Examination Against Security Compromises, Joshua Lee Cook

Walden Dissertations and Doctoral Studies

Controversy continues over the use of polygraph testing to deter and detect potential leakers as critics argue that the technique is based on faulty assumptions. The purpose of this descriptive and exploratory research study was to determine whether there was a perceived deterrence effect related to the use of polygraphs between a group of participants who were subjected to a polygraph examination within the past year compared to those who have not experienced a polygraph examination within the same time period. Paternoster and Simpson's, as well as Vance and Siponen's, rational choice models and Bandura's social learning theory served as …

Quantitative Easing And The U.S. Stock Market: A Decision Tree Analysis, Anastasios G. Malliaris, Mary Malliaris, Ramaprasad Bhar

School of Business: Faculty Publications and Other Works

The Financial Crisis of 2007-09 caused the U.S. economy to experience a relatively long recession from December 2007 to June 2009. Both the U.S. government and the Federal Reserve undertook expansive fiscal and monetary policies to minimize both the severity and length of the recession. Most notably, the Federal Reserve initiated three rounds of unconventional monetary policies known as Quantitative Easing. These policies were intended to reduce long-term interest rates when the short term federal funds rates had reached the zero lower bound and could not become negative. It was argued that the lowering of longer-term interest rates would help …

Essentials Of Forensic Accounting, Michael A. Crain, William S. Hopwood, Carl Pacini, George R. Young

Guides, Handbooks and Manuals

No abstract provided.

The Corporate Criminal As Scapegoat, Brandon L. Garrett

Faculty Scholarship

A corporation is no scapegoat, assures the Department of Justice, because the first priority is to prosecute culpable individuals and not artificial entities. Yet, as I document in this empirical study, far more often than not, when the largest corporations settle federal criminal cases, no individuals are charged. High profile failures to prosecute executives in the wake of the Global Financial Crisis have only made the problem more urgent. The corporation appears to be a kind of a scapegoat: impossible to physically jail, but capable of receiving blame and punishment while individual culprits go free. In this Article, I develop …