Digital Commons Network^™

The Regulation Of Commercial Profiling — A Comparative Analysis, Indra Spiecker, Olivia Tambou, Paul Bernal, Margaret Hu, Carlos Alberto Molinaro

Scholarly Articles

The authors, all data protection experts, discuss the status of the relevant data protection regulatory framework on profiling in the business sector in sev eral countries worldwide, from the constitutional level to some individual regulation including the general attitude towards the topic. The EU perspective is presented on the basis of the present directives as well as the General Data Protection Regulation. The United Kingdom, Germany and France, as three of the largest EU Member States with partly highly differing regulatory approaches represent Member State law. Australia, Brazil and the US regulation exemplify the different integration of data protection standards …

The Foreign Corrupt Practices Act: Imposing An American Definition Of Corruption On Global Markets, Mateo J. De La Torre

Cornell Law Library Prize for Exemplary Student Research Papers

Mateo de la Torre’s research had an international focus in examining the cross-cultural implications of Foreign Corrupt Practices Act (FCPA).

de la Torre’s research required a comparative analysis of foreign laws that are similar to the United States’ FCPA and included statutes, legislative histories, and commentary from Brazil, Japan, and the United Kingdom. He also consulted extensively with several members of the Cornell Law faculty. de la Torre’s findings provided the basis for his examination of the FCPA’s impact on nondomestic actors and markets, arguing that the United States’ aggressive stance belies the Act’s original purpose. He then presented frameworks …

Improving Forensic Software Tool Performance In Detecting Fraud For Financial Statements, Brian Cusack, Tau’Aho Ahokov

Australian Digital Forensics Conference

The use of computer forensics is important for forensic accounting practice because most accounting information is in digital forms today. The access to evidence is increasingly more complex and in far greater volumes than in previous decades. The effective and efficient means of detecting fraud are required for the public to maintain their confidence in the reliability of accounting audit and the reputation of accounting firms. The software tools used by forensic accounting can be called into question. Many appear inadequate when faced with the complexity of fraud and there needs to be the development of automated and specialist problem-solving …

The New Corporate Gatekeeper, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

The Carnival Mirror And Institutional Forms Of Deviance: A Reflexive Paper Assignment, Jose A. Munoz

Sociology Faculty Publications

The reflexive paper assignment presented here calls on students to reflect on their own family and/or personal experiences in order to answer the question, “From where does the greatest harm arise?” In The Rich Get Richer and the Poor Get Prison: Ideology, Class and Criminal Justice, Reiman and Leighton (2010) make the case that the criminal justice system presents to us a carnival mirror-like image of what causes the greatest harm to society. The criminal justice system, through its policies and procedures, leads the public to conceive of a typical sort of crime committed by the typical criminal. The …

The Modernization Of European Insolvency Law: An Ongoing Process, Paolo Manganelli

Journal of Business & Technology Law

No abstract provided.

Structural Corruption: Prosecuting Fraud From The S&L Crisis To The 2008 Financial Crisis, Adina Luft

Theses & ETDs

Why no high level executives went to jail for the 2008 Financial Crisis is a topical question without a concrete answer. Just thirty years previously, in the aftermath of the Savings and Loan (S&L) Crisis of the 1980s and 1990s, many high level executives were prosecuted for similar types of financial crimes. Literature claims that the variables for why there has been a shift away from prosecuting financial crimes are the revolving door, money in politics, and lobbying. The answer explored in this thesis, through the lens of critical pluralism, is that these variables were the tools used by the …

Concerning Continuation Under The Sunset Law Of The Identity Theft And Financial Fraud Board., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Scaling Two Great Walls: Resolving The Impasse Between China’S State Secrets Law And International Disclosure Requirements, Rohan Maitra

Northwestern Journal of International Law & Business

Recent cases of corporate accounting fraud in China have presented countries attempting to prosecute these cases with legal difficulty. When non-Chinese regulators have requested financial documents from the auditors of these accused companies for investigatory purposes, the auditors have refused to produce these documents, claiming that to do so would cause them to violate Chinese law. In response, regulators in multiple countries have sued these auditors to try and force them to produce the documents, and also threatened Chinese companies operating in their jurisdictions with delisting and other sanctions. This has resulted in a counterproductive stalemate in which there exists …

Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf

ILSA Journal of International & Comparative Law

“[T]he ‘relative power’ of criminal networks will continue to rise, and some countries could even be taken over and run by these networks.”1 The Federal Bureau of Investigation (FBI) defines “organized crime” as “any group having some manner of formalized structure and whose primary objective is to obtain money through illegal activities.

The Prospect Of Humanising Development Discourse In Africa Through Christian Anthropology, Joseph Ogbonnaya

Theology Faculty Research and Publications

The invention of development as public discourse began with US President Truman’s 1949 speech that trumped up an illusion of global material prosperity based on a total restructuring of the ‘developing’ world on the model of development and material achievement of the West. Truman argued that this painful process was the only recipe for world prosperity. After decades of serious engagement on development discourse and multiple implementations of successive theories, the situation of the developing countries has not improved as rapidly as expected. At the same time, the developed countries are experiencing various forms of financial crises. This article acknowledges …

Reining In Private Agents, Amitai Etzioni

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

Economic Ideology And The Rise Of The Firm As Criminal Enterprise, June Carbone, William K. Black

Faculty Works

No abstract provided.

The Proceedings Of 14th Australian Digital Forensics Conference, 5-6 December 2016, Edith Cowan University, Perth, Australia, Craig Valli

Australian Digital Forensics Conference

Conference Foreword

This is the fifth year that the Australian Digital Forensics Conference has been held under the banner of the Security Research Institute, which is in part due to the success of the security conference program at ECU. As with previous years, the conference continues to see a quality papers with a number from local and international authors. 11 papers were submitted and following a double blind peer review process, 8 were accepted for final presentation and publication. Conferences such as these are simply not possible without willing volunteers who follow through with the commitment they have initially made, …

Federal Government As Your Partner: What Advocates Should Know About Federal Resources For Veterans' Legal Aid, Allie Yang-Green, Karen Lash

South Carolina Law Review

No abstract provided.

Development Of A Financial Decision-Making Self-Efficacy Measure For Older Adults, Evan Gross

Wayne State University Theses

Financial decision-making is important for older adults, and many are at increased risk for elder financial exploitation due to a combination of biological, social, and psychological factors. The role of self-efficacy for financial decision-making in this population has received little attention from researchers, but evidence suggests it may be a critical aspect in motivating positive decisions and avoiding exploitation. This study developed the Financial Decision-Making Self-Efficacy Scale (FDMSES) for older adults. Participants (N = 200, mean age = 71.5) completed the Lichtenberg Financial Decision-Making Rating Scale (LFDRS) and a neuropsychological test battery. Items from the LFDRS related to financial decision-making …

Prison Corruption: The Problem And Some Potential Solutions, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Corruption occurs in the American prison system in a variety of forms. In the most basic version, correction officers accept bribes or sexual favors to smuggle weapons, drugs, or cell phones to inmates, or to provide inmates with other benefits. Other kinds of prison corruption can involve higher-level prison officials. For example, some prison officials have been implicated in pay-to-play schemes with private prisons. In other cases prison supervisors and administrators have been accused of covering up violations by correction officers or others within the prison, such as by shielding human rights abuses.

Berkshire's Blemishes: Lessons For Buffett's Successors, Peers, And Policy, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Berkshire Hathaway’s unique managerial model is lauded for its great value; this article highlights its costs. Most costs stem from the same features that yield such great value, which boil down, ironically, to Berkshire trying to be something it isn’t: it is a massive industrial conglomerate run as an old-fashioned investment partnership. An advisory board gives unchecked power to a single manager (Warren Buffett); Buffett makes huge capital allocations and pivotal executive hiring-and-firing decisions with modest investigation and scant oversight; Berkshire’s autonomous and decentralized structure grants operating managers enormous discretion with limited second-guessing; its trust-based culture relies on a cultivated …

Defining "Material, Nonpublic": What Should Constitute Illegal Insider Information?, Cindy A. Schipani, H. Nejat Seyhun

Fordham Journal of Corporate & Financial Law

It has been over fifty years since the United States Securities and Exchange Commission held that insider trading on material, nonpublic information is illegal, and despite the passage of the Insider Trading Sanctions Act in 1984, Insider Trading and Securities Fraud Enforcement Act in 1988, and the Sarbanes-Oxley Act of 2002, there is still no clear definition of “material, nonpublic information.” This Article argues that the ambiguity of what constitutes illegal insider information enables corporate insiders to engage in profitable transactions without legal consequences. Furthermore, we argue and provide evidence that the necessity of showing a tipper’s personal benefit creates …

Master Of Accounting 2016, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

The Problem Of Appropriations Riders: The Bipartisan Budget Bill Of 2013 As A Case Study, Irene Scharf

Mitchell Hamline Law Review

No abstract provided.

Duties To Organizational Clients, William H. Simon

Faculty Scholarship

Loyalty to an organizational client means fidelity to the substantive legal structure that constitutes it. Although this principle is not controversial in the abstract, it is commonly ignored in professional discourse and doctrine. This article explains the basic notion of organizational loyalty and identifies some mistaken tendencies in discourse and doctrine, especially the "Managerialist Fallacy" that leads lawyers to conflate the client organization with its senior managers. The article then applies the basic notion to some hard cases, concluding with a critical appraisal of the rationale for confidentiality with organizational clients.

Caselaw Developments 2015, William O. Fisher

Law Faculty Publications

This report was prepared for the ABA Business Law Section’s Federal Regulation of Securities Committee, Subcommittee on Annual Review. The paper contains sections on relevant Supreme Court decisions, SEC rulemaking, SEC enforcement actions, proxy solicitation, forward-looking statements, insider trading, materiality, duty to disclose, Scienter and scienter pleading, and the Securities Litigation Uniform Standards Act ("SLUSA").

Real-Time Diffusion Of Information On Twitter And The Financial Markets, Ali Tafti, Ryan Zotti, Wolfgang Jank

School of Information Systems and Management Faculty Publications

Do spikes in Twitter chatter about a firm precede unusual stock market trading activity for that firm? If so, Twitter activity may provide useful information about impending financial market activity in real-time. We study the real-time relationship between chatter on Twitter and the stock trading volume of 96 firms listed on the Nasdaq 100, during 193 days of trading in the period from May 21, 2012 to September 18, 2013. We identify observations featuring firm-specific spikes in Twitter activity, and randomly assign each observation to a ten-minute increment matching on the firm and a number of repeating time indicators. We …

Business Busts And U.S. Auditors’ Interest In Fraud Detection: Evidence From The 20th Century, Stephanie D. Moussalli, Gokhan Karahan, Muhammad Azizul Islan

Journal of Business, Industry, and Economics

We find evidence that U.S. auditors increased their attention to fraud detection during or immediately after the economic contractions of the 20th century, based on a content analysis of the 12 volumes of the 20th-century auditing reference series Montgomery’s Auditing. Contractions, however, do not seem to have affected auditors’ attention to the formal goal of fraud detection. The study suggests that auditors’ aversion to the heightened risks of fraud during economic downturns leads them to focus more on fraud detection at those times regardless of the particular guidance in formal audit standards. This study is the first to find some …

Ev'ry American Experiment Sets A Precedent: Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Meg Holzer, Allison Caffarone

Faculty Scholarship

No abstract provided.

Protecting Personal Information: Achieving A Balance Between User Privacy And Behavioral Targeting, Patrick Myers

University of Michigan Journal of Law Reform

Websites and mobile applications provide immeasurable benefits to both users and companies. These services often collect vast amounts of personal information from the individuals that use them, including sensitive details such as Social Security numbers, credit card information, and physical location. Personal data collection and dissemination leave users vulnerable to various threats that arise from the invasion of their privacy, particularly because users are often ignorant of the existence or extent of these practices. Current privacy law does not provide users with adequate protection from the risks attendant to the collection and dissemination of their personal information. This Note advocates …

Legitimate Justice: Using Clemency To Address Mass Incarceration, Sanjay K. Chhablani

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Paying Down The Civil Justice Data Deficit: Leveraging Existing National Data Collection, Rebecca L. Sandefur

South Carolina Law Review

No abstract provided.

Related Parties: Audit Risk When 63 Entities Act As One, Alyssa Lieb

Williams Honors College, Honors Research Projects

This paper delves into the fraud committed by Adelphia Communications for fiscal year 2001. Former Adelphia owner, the Rigas family’s background is scrutinized in an effort to understand how an environment fostering the ideals of financial statement fraud was created. The fraud itself is analyzed to uncover the potential warning signs that were available to then auditor, Deloitte. The audit process is outlined to determine where audit risk was greatest, and how audit guidelines in place at the time may have been ineffective in helping auditors to mitigate such risks. Audit guidelines in place at the time are then compared …