Digital Commons Network^™

Moral Development In Business Ethics: An Examination And Critique, Kristen Bell Detienne, Carol Frogley Ellertson, Marc-Charles Ingerson, William R. Dudley

Faculty Publications

The field of behavioral ethics has seen considerable growth over the last few decades. One of the most significant concerns facing this interdisciplinary field of research is the moral judgment-action gap. The moral judgment-action gap is the inconsistency people display when they know what is right but do what they know is wrong. Much of the research in the field of behavioral ethics is based on (or in response to) early work in moral psychology and American psychologist Lawrence Kohlberg’s foundational cognitive model of moral development. However, Kohlberg’s model of moral development lacks a compelling explanation for the judgment-action gap. …

Freedom, Choice, And Contracts, Hanoch Dagan, Michael A. Heller

Faculty Scholarship

In “The Choice Theory of Contracts,” we explain contractual freedom and celebrate the plurality of contract types. Here, we reply to critics by refining choice theory and showing how it fits and shapes what we term the “Contract Canon”.

I. Freedom. (1) Charles Fried challenges our account of Kantian autonomy, but his views, we show, largely converge with choice theory. (2) Nathan Oman argues for a commerce-enhancing account of autonomy. We counter that he arbitrarily slights noncommercial spheres central to human interaction. (3) Yitzhak Benbaji suggests that choice theory’s commitment to autonomy is overly perfectionist. Happily, in response to Benbaji, …

Liability Design For Autonomous Vehicles And Human-Driven Vehicles: A Hierarchical Game-Theoretic Approach, Xuan Di, Xu Chen, Eric L. Talley

Faculty Scholarship

Autonomous vehicles (AVs) are inevitably entering our lives with potential benefits for improved traffic safety, mobility, and accessibility. However, AVs’ benefits also introduce a serious potential challenge, in the form of complex interactions with human-driven vehicles (HVs). The emergence of AVs introduces uncertainty in the behavior of human actors and in the impact of the AV manufacturer on autonomous driving design. This paper thus aims to investigate how AVs affect road safety and to design socially optimal liability rules in comparative negligence for AVs and human drivers. A unified game is developed, including a Nash game between human drivers, a …

Building A Good Jobs Economy, Dani Rodrik, Charles F. Sabel

Faculty Scholarship

Conventional models are failing throughout the world. In the developed world, the welfare state-compensation model has been in retrenchment for some time, and the drawbacks of the neoliberal conception that has superseded it are increasingly evident. Yet there is no compelling alternative on offer. In the developing world, the conventional, tried-and-tested model of industrialization has run out of steam. In both sets of societies a combination of technological and economic forces (in particular, globalization) is creating or exacerbating productive/technological dualism, with a segment of advanced production in metropolitan areas that thrives on the uncertainty generated by the knowledge economy co-existing …

The Value Relevance Of Taxes: International Evidence On The Proxy For Profitability Role Of Tax Surprise, Jon Kerr

Faculty Publications

Despite evidence that tax surprise is incrementally value relevant, the literature has done little to broaden the investigation beyond the United States or examine circumstances that affect informativeness. After extending to the international setting, I examine the impact of tax enforcement. I report strong results of greater value relevance when tax enforcement is high and that the value relevance of tax surprise is mostly contained within its interaction with tax enforcement. These findings highlight the importance of tax enforcement in determining the information content of tax surprise and suggest that extant and future discussions should be broadened to include it.

Rank And File Equity Compensation And Earnings Management: Evidence From Stock Options, D. Kip Holderness Jr., Adrienna Huffman, Melissa F. Lewis-Western

Faculty Publications

The wide-spread use of rank and file equity-based compensation suggests that executives believe that rank and file employees can affect firm outcomes, and some research supports this view. If equity-based incentives influence rank and file employees’ productive efforts, they might also influence their earnings management decisions. We find that increases in rank and file employees’ option-based compensation—our proxy for equity-based compensation—are associated with increases in earnings management and that this relation is attributable to real activities (as opposed to accrual) earnings management. Cross-sectional tests indicate that the relation is stronger when rank and file option compensation is likely to generate …

Income Smoothing And The Usefulness Of Earnings For Monitoring In Debt Contracting, Peter Demerjian, John Donovan, Melissa F. Lewis-Western

Faculty Publications

We investigate whether income smoothing affects the usefulness of earnings for contracting through the monitoring role of earnings-based debt covenants. First, we examine initial contract design and predict that income smoothing will increase (decrease) the use of earnings-based covenants if income smoothing improves (reduces) the usefulness of earnings to monitor borrowers. We find that private debt contracts to borrowers with greater income smoothing are more likely to include earnings-based covenants. A structural model that explores the cause of this relationship provides evidence that smoothing improves the ability of earnings to reflect credit risk. Second, we examine technical default following contract …

Jurisdiction Stripping Circa 2020: What The Dialogue (Still) Has To Teach Us, Henry P. Monaghan

Faculty Scholarship

Since its publication in 1953, Henry Hart’s famous article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, subsequently referred to as simply “The Dialogue,” has served as the leading scholarly treatment of congressional control over the federal courts. Now in its seventh decade, much has changed since Hart first wrote. This Article examines what lessons The Dialogue still holds for its readers circa 2020.

Edward Snowden, National Security Whistleblowing, And Civil Disobedience, David E. Pozen

Faculty Scholarship

No recent whistleblower has been more lionized or vilified than Edward Snowden. He has been nominated for the Nobel Peace Prize and denounced as a "total traitor" deserving of the death penalty. In these debates, Snowden's defenders tend to portray him as a civil disobedient. Yet for a range of reasons, Snowden's situation does not map neatly onto traditional theories of civil disobedience. The same holds true for most cases of national security whistleblowing.

The contradictory and confused responses that these cases provoke, this essay suggests, are not just the product of polarized politics or insufficient information. Rather, they reflect …

Key Mechanisms By Which Post-Icu Activities Can Improve In-Icu Care: Results Of The International Thrive Collaboratives, Kimberley J. Haines, Carla M. Sevin, Elizabeth Hibbert, Leanne M. Boehme, Krishna Aparanji, Rita N. Bakhru, Anthony J. Bastin, Sarah J. Beesley, Brad W. Butcher, Kelly Drumright, Tammy L. Eaton, Thomas Farley, Penelope Firshman, Andrew Fritschle, Clare Holdsworth, Aluko A. Hope, Annie Johnson, Michael T. Kenes, Babar A. Khan, Janet A. Kloos, Erin K. Kross, Belinda J. Macleod‑Smith, Pamela Mactavish, Joel Meyer, Ashley Montgomery‑Yates, Tara Quasim, Howard L. Saft, Andrew Slack, Joanna Stollings, Gerald Weinhouse, Jessica Whitten, Giora Netzer, Ramona O. Hopkins, Mark E. Mikkelsen, Theodore J. Iwashyna, Joanne Mcpeake

Faculty Publications

Objective: To identify the key mechanisms that clinicians perceive improve care in the intensive care unit (ICU), as a result of their involvement in post-ICU programs.

Methods: Qualitative inquiry via focus groups and interviews with members of the Society of Critical Care Medicine’s THRIVE collaborative sites (follow-up clinics and peer support). Framework analysis was used to synthesize and inter‑ pret the data.

Results: Five key mechanisms were identifed as drivers of improvement back into the ICU: (1) identifying other‑ wise unseen targets for ICU quality improvement or education programs—new ideas for quality improvement were generated and greater attention paid to …

Table Of Contents

Georgia Law Review

No abstract provided.

The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, Wayne R. Barnes

Georgia Law Review

The advent of the internet has brought innumerable
innovations to our lives. Among the innovations is the
meteoric rise in the volume of e-commerce conducted on
the internet. Correspondingly, consumer-posted
information about merchants, goods, and services has
also become a rich source of information for consumers
researching a purchase online. This information takes
many forms, but a major category is the narrative review
describing the purchase and experience. Such reviews
are posted on websites such as Yelp, Amazon, and
TripAdvisor, on apps, and on social media such as
Facebook and Twitter. The amount and volume of
reviews has exploded in …

Table Of Contents

Georgia Law Review

No abstract provided.

Between Law And Diplomacy: The Conundrum Of Common Law Immunity, Chimène I. Keitner

Georgia Law Review

Drawing the line between disputes that can be adjudicated in domestic (U.S.) courts and those that cannot has perplexed judges and jurists since the Founding Era. Although Congress provided a statutory framework for the jurisdictional immunities of foreign states in 1976, important ambiguities remain. Notably, in 2010, the U.S. Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) does not govern suits against foreign officials unless the foreign state is the “real party in interest.” This decision clarified, but did not fully resolve, conceptual and doctrinal questions surrounding the immunities of foreign officials whose conduct …

Education Under Fire?: An Analysis Of Campus Carry And University Autonomy In Georgia, Brooke Anne Carrington

Georgia Law Review

In 2017, Georgia’s controversial campus carry bill was signed into law despite protest from the state’s Board of Regents, university officials, and students. Georgia is one of ten states that has implemented campus carry. Georgia’s campus carry statute is unique in that it may conflict with Georgia’s Constitution, which vests the powers of “government, control, and management” of the University System of Georgia in the Board of Regents. Georgia courts have not yet addressed what this provision of the Constitution means. This Note applies general principles of constitutional interpretation to the provision.

This Note analyzes the framers’ intent when drafting …

Why Do Auditors Fail? What Might Work? What Won't?, John C. Coffee Jr.

Faculty Scholarship

Auditing failures and scandals have become commonplace. In response, reformers (including the Kingman Review in the U.K. and a recent report of the U.K.’s Competition and Market Authority) have proposed a variety of remedies, including prophylactic bans on auditors providing consulting services to their clients in the belief that this will minimize the conflicts of interest that produce auditing failures. Although useful, such reforms are already in place to a considerable degree and may have reached the point of diminishing returns. Moreover, this strategy does not address the deeper problem that clients (or their managements) may not want aggressive auditing, …

Open Plurilateral Agreements, International Regulatory Cooperation And The Wto, Charles F. Sabel, Bernard Hoekman

Faculty Scholarship

Sustained high growth in many developing countries (‘the rise of the rest’) combined with long-standing WTO working practices hampers the ability of the WTO to perform its routine functions and paralyzes efforts to adapt to new circumstances. Preferential trade agreements have taken up some of the slack in addressing differences in domestic regulation of product safety, environmental and social conditions, but are exclusionary and inefficient from a global perspective. In this paper, we argue that a new type of agreement based on open plurilateral cooperation offers better prospects for groups of countries to explore and develop their potential common interests …

A Softer, Simpler View Of Chevron, Peter L. Strauss

Faculty Scholarship

Justice Kennedy's concurrence in Pereira gives reason to hope that the Court may be finally catching on to the difficulties it created by Chevron's opening language, as distinct from its inherent reasoning. When courts quote language like "precise question" and "permissible" to limit themselves (as Justice Scalia and others unfortunately tended to reinforce by their quotations from the opinion), they stray not only from judicial function but also from the statute (APA) that instructs them how to review, and which strangely the opinion does not mention. But Chevron actually (a) independently found and defined a statutory gap within which …

Economic Democracy And Enterprise Form In Finance, William H. Simon

Faculty Scholarship

This article considers the relative advantages of alternative enterprise forms in finance from the point of view of public accountability. The business corporation is compared to the state agency or authority, the cooperative, the state corporation, and the charitable nonprofit. These forms can be distinguished according to whether they aspire to enhance general electoral democracy or stakeholder democracy and whether their democratic controls operate directly or indirectly. The article suggests that the indirect democratic forms may be more promising than the direct ones. It also argues that the project of democratizing finance depends on the development of practices of multifactor …

The End Of Intuition-Based High-Crime Areas, Ben Grunwald, Jeffrey A. Fagan

Faculty Scholarship

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012.

Our results suggest …

Overcoming Impediments To Offshore Co2 Storage: Legal Issues In The U.S. And Canada, Romany M. Webb, Michael B. Gerrard

Faculty Scholarship

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could be advanced through carbon capture and storage (CCS), which involves collecting carbon dioxide that would otherwise be released by power plants or similar facilities and injecting it into underground geologic formations, where it will remain permanently sequestered. The techniques developed for CCS can also be used to sequester carbon dioxide that has been removed from the atmosphere using direct air capture or other negative emission technologies. Past CCS …

Listeners’ Ability To Identify The Gender Of Preadolescent Children In Different Linguistic Contexts, Christopher Dromey, Shawn Nissen, Sharalee Blunck, Anita Dromey

Faculty Publications

This study evaluated listeners’ ability to identify the gender of preadolescent children from speech samples of varying length and linguistic context. The listeners were presented with a total of 190 speech samples in four different categories of linguistic context: segments, words, sentences, and discourse. The listeners were instructed to evaluate each speech sample and decide whether the speaker was a male or female and rate their level of confidence in their decision. Results showed listeners identified the gender of the speakers with a high degree of accuracy, ranging from 86% to 95%. Significant differences in listener judgments were found across …

An Intensive Book Camp Approach To The Remediation Of Speech Sound Disorders: A Case Report, Shawn L. Nissen, Melanie E. Peris, Kristine Tanner

Faculty Publications

Background: Understanding treatment dose is essential to optimizing therapeutic frequency and intensity for speech sound disorders. Intensive therapies, known as boot camp approaches, have proven efficacious in certain speech therapy contexts such as voice disorder treatment. However, few data exist regarding intervention intensity for developmental speech sound disorders. Method: This investigation examined the effects of an intensive boot camp speech therapy approach to remediate interdental /s/ production over two consecutive days. Treatment occurred in morning and afternoon blocks for a total of 5.5 h per day. Auditory-perceptual ratings were used to evaluate /s/ productions pre-treatment, immediately post-treatment, and one week …

Using Real-Time Visual Biofeedback For Second Language Instruction, Shawn L. Nissen, Rebecca Nissen

Faculty Publications

This demonstration will illustrate how using real-time visual biofeedback, through a relatively new type of electropalatographic (EPG) sensor, might facilitate improved pronunciation for learners of a second language (L2). The manner in which the EPG sensor is created and its use to track lingua-palatal articulation patterns will be described to individuals. This presentation will also include an explanation of how a student can visualize the contact patterns of their speech using the associated instructional software. A brief tutorial on the features of the instructional software will also be explained during the “show and tell” presentation.

“It Takes A Village To Raise A Rigorous Qualitative Project”: Studying Family Financial Socialization Using Team-Based Qualitative Methods, Loren D. Marks, Christina M. Rosa, Ashley B. Lebaron, E. Jeffery Hill

Faculty Publications

This purpose of this case study is to relate the methods used to conduct a qualitative research project about family financial socialization designed by emerging adults, primarily employing emerging adults as the primary research participants (although some of their parents and grandparents are interviewed). A sample of 153 respondents (128 undergraduate students, 17 parents, and eight grandparents) at three universities was recruited to assure diversity. We outline and discuss our team-based approach to qualitative data collection, analysis, and coding procedures, as well as how a team of 10 undergraduate students was incorporated into this approach. We relate the challenges and …

Why Does My Town Smell Like Nail Polish?: Using The Toxics Release Inventory To Investigate Industrial Chemical Pollutants In Elkhart County, Indiana, Magdalena Lehman

Graduate Student Theses, Dissertations, & Professional Papers

This thesis investigates 2017 industrial chemical air pollution in Elkhart County, Indiana starting with data from the Environmental Protection Agency’s Toxics Release Inventory (TRI) and Risk-Screening Environmental Indicators model (RSEI). TRI requires facilities across the United States to report release amounts for certain chemicals known to cause adverse human health impacts. A related database, the RSEI model adds context to release amounts by modeling for toxicity and exposure. The resulting RSEI score approximates relative risk among releases. In combination, these tools are intended to allow communities to identify risks and provide oversight of point-source industrial chemical pollution in their neighborhoods. …

Learning From The Landscape: Industrial Processes And Placer Mining Landscapes In The Elk Creek Mining District, Western Montana, Brent Stephen Rowley

Graduate Student Theses, Dissertations, & Professional Papers

In 1865 gold was discovered in the Garnet Mountains of Western Montana. This was one of the last of a series of gold rushes in the American West that began with the California Gold Rush in 1849. During this time period miners carried knowledge of geology of placer deposits and placer mining techniques out of California and into the interior west where they encountered quite different geologic conditions. This study examines how miners perceived and learned from these new environments during the construction of placer landscapes in the Garnet Mountains, especially in the Elk Creek Mining District, through a process …

Investigating The Use Of The Actfl Can-Do Statements In A Self-Assessment For Student Placement In An Intensive English Program, Troy L. Cox, Maria M. Summers, Benjamin L. Mcmurry, Dan P. Dewey

Faculty Publications

In this study, the authors use a validation framework to evaluate the usefulness of a self-assessment instrument based on the ACTFL Can-Do Statements for student placement in an Intensive English Program. The authors evaluated (a) the design of the instrument by investigating how well the intended item difficulties aligned with the actual item difficulties (ACTFL Proficiency Guidelines) and how well the scale functioned; (b) the assessment instrument itself through evaluating how reliably it distinguished between students with different levels of self-perception, and (c) the interpretation of scores that examined how well the results could be used as a proxy measure …

Gvsu Undergraduate And Graduate Catalog, 2019-2020, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2019-2020 undergraduate and/or graduate course catalog published annually to provide students with information and guidance for enrollment.

Expectations And Challenges Of Non-Native University Writers At The Outset Of Discipline-Specific Study, K. James Hartshorn, Norman W. Evans

Faculty Publications

Little is known about how best to prepare non-native students matriculated at universities in the United States to succeed in discipline-specific writing. Whilesome studies have suggested differences in the types and volumes of writing across disciplines, such studies have compared very few disciplines simultaneously and have not always examined the disciplines most commonly studied by international students. Thus, this study seeks to fill an important gap in the literature by examining the perspectives of university professors regarding their expectations and purposes for student writing as well as their observations about the greatest writing challenges their students face within five of …