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November 16, 2015 Armstrong Faculty Senate Agenda, Armstrong State University

Armstrong Faculty Senate: Armstrong Faculty Senate Agenda (Archived)

November 16, 2015 Armstrong Faculty Senate Agenda

Faculty Senate Bill Fsb-2015-11-16-01: University Curriculum Committee, Armstrong State University

Armstrong Faculty Senate: Bills, Motions & Resolutions (Archived)

Faculty Senate Bill FSB-2015-11-16-01: University Curriculum Committee

The Role Of Cryptography In Security For Electronic Commerce, Ann Murphy, David Murphy

The ITB Journal

Many businesses and consumers are wary of conducting business over the Internet due to a perceived lack of security. Electronic business is subject to a variety of threats such as unauthorised access, misappropriation, alteration and destruction of both data and systems. This paper explores the major security concerns of businesses and users and describes the cryptographic techniques used to reduce such risks.

The United States Could Use A Therapist General, Barry Mauer

UCF Forum

Lately I have been imagining the creation of a new office in the executive branch: a Therapist General to advise the president and the nation about psychological problems affecting American citizens, groups and institutions. The person assuming this role could issue an annual report about the state of the nation’s mental health, investigate and report on the likely psychological costs and benefits of proposed laws, and issue recommendations for therapies to improve the nation’s psychological health.

Cross-Border Corruption Enforcement: A Case For Measured Coordination Among Multiple Enforcement Authorities, Jay Holtmeier

Fordham Law Review

    The steady increase in cooperation and information sharing among governments is a trend commonly noted in discussions of current anticorruption enforcement. There is no shortage of evidence to support this observation. In 2013 and 2014 alone, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) recognized the cooperation and assistance of foreign law enforcement authorities in at least twenty-three actions brought under the U.S. Foreign Corrupt Practices Act (FCPA or “the Act”). U.S. enforcement authorities—once the world’s primary anticorruption enforcers—increasingly can and do rely on the help of their international counterparts and are pursuing more investigations that run …

Monitor's Report Updating The Status Of The Potential Violations Of Metrics 19 And 29 By Ocwen Loan Servicing, Llc As Successor By Assignment From Defendants Residential Capital Llc, Gmac Mortgage Llc, And Ally Financial Inc., United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Extraterritorial Criminal Enforcement Of Securities Fraud Regulations After United States V. Vilar, Edgardo Rotman

University of Miami Law Review

In August 2013, the Court of Appeals for the Second Circuit in the case of United States v. Vilar denied extraterritorial application of the criminal law antifraud provisions contained in the Securities Exchange Act. The specific object of this paper is to criticize this decision and negate its premises.

After delving in depth into the notion of extraterritoriality, the paper offers a dynamic interpretation of the 1922 Supreme Court’s decision in United States v. Bowman, which is still the governing precedent on extraterritorial application of criminal laws. Furthermore, the paper criticizes the application of the 2010 Supreme Court’s decision …

Vulnerability And "Control Fraud" Economics, William K. Black

Faculty Works

"Control fraud" refers to frauds in which the person who controls a seemingly legitimate entity uses it as a "weapon" to defraud. Control frauds cause greater financial losses than all other forms of property crime - combined. We are now living in the era of recurrent epidemics of control fraud. The LIBOR and foreign exchange cartels, for example, are the largest cartels in history- by roughly three orders of magnitude. VW has just admitted that it committed over 11 million fraudulent sales. Our largest financial institutions have been revealed to be criminal enterprises - and recidivists.

This paper brings the …

Overcriminalization's New Harm Paradigm, Todd Haugh

Vanderbilt Law Review

The harms of overcriminalization are usually thought of in a particular way-that the proliferation of criminal laws leads to increasing and inconsistent criminal enforcement and adjudication. For example, an offender commits an unethical or illegal act and, because of the overwhelming depth and breadth of the criminal law, becomes subject to too much prosecutorial discretion and faces disparate enforcement or punishment. But there is an additional, possibly more pernicious, harm of overcriminalization. Drawing from the fields of criminology and behavioral ethics, this Article makes the case that overcriminalization actually increases the commission of criminal behavior itself, particularly by white collar …

The Chief And The Church: Reflections From A Business Educator, Annetta M. Gibson

Faculty Publications

In this article I distinguish between “Church” with “C” and “church” with small “c.” Recently, a committee composed of several Seventh-day Adventist church employees—some from the General Conference and some from academia—was reviewing various agenda items when the chair noted that the General Conference had hired an individual to serve as “CIO”—Chief Information Officer. Questions were immediately raised: Why is the Church using business titles such as “Chief Financial Officer”? Why the emphasis on “Chief”? Aren’t we becoming more like a business when we use business titles and terms?

Financial Preparation And Needs Of Older People, Ting Cao

Asia Pacific Institute of Ageing Studies Newsletter 亞太老年學研究通訊

When people enter the later phase of their lives, they are prone to have more uncertainties and face unique financial challenges in life. According to a report in 2014 from the Financial Consumer Agency of Canada (FCAC), there are roughly 10 money-related life events or changes in one’s later life, namely: 1. planning for retirement; 2. changing housing needs; 3. starting another career; 4. coping with illness or disability; 5. converting savings into ongoing income; 6. losing partner; 7. dealing with attempted fraud or financial abuse; 8. caring for spouse or other family members; 9. travelling, and 10. making estate …

Monitor's Interim Consumer Relief Report Regarding Defendants Ocwen Financial Corporation And Ocwen Loan Servicing, Llc, Consumer Financial Protection Bureau, Et Al. V. Ocwen Financial Corporation And Ocwen Loan Servicing, Llc

National Mortgage Settlements Digital Archive

No abstract provided.

Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholer Case, Geoffrey C. Hazard Jr.

Akron Law Review

The purpose of this analysis is to explain what Kaye Scholer was about, what are the basic concepts of lawyer liability to third parties, and why the practicing bar should heed a "wake up call."

Dementia Increases Financial Fraud Risk For Seniors, Staff

Browse All News

No abstract provided.

A Study On Rule 145 Of The Securities Act Of 1933: How To Provide Clarity And Predictability In Rule 145 Transactions, Kab Lae Kim

Akron Law Review

Rule 145 is complex and incongruous with the general congressional intention of the 1933 Act. Thus, it involves the following theoretical and practical problems. First, Rule 145(a) fails to provide a clear standard for determining whether a certain recapitalization or reorganization involves a sale to trigger registration requirements...Second, Rule 145(c) and (d), as special resale provisions for “securities acquired in a Rule 145 transactions” (hereinafter Rule 145 securities), are inconsistent with general resale provisions under the 1933 Act. The SEC’s authority to establish Rule 145 was mandated by provisions of the 1933 Act. Accordingly, the resale provisions of Rule 145 …

The Myth Of The Unbiased Director, Regina F. Burch

Akron Law Review

This Article seeks to use social science research to better understand why these and other corporate governance problems persist. One reason may be that boards are biased as to how they respond to these issues. Social science research on risk perception informs us that individuals’ “preferences among different types of risk taking (or avoiding), correspond to cultural biases—that is, to worldviews or ideologies entailing deeply held values and beliefs defending different patterns of social relations.” Cultural theorists have identified four competing worldviews: communitarian, individualistic, hierarchical, and egalitarian. The communitarian and individualistic worldviews are at opposite ends of a spectrum measuring …

Performance-Based Tools For Assessing Functional Performance In Individuals With Mild Cognitive Impairment, Patricia Da Cunha Belchior, Melanie Holmes, Nathalie Bier, Carolina Bottari, Barbara Mazer, Alexandra Robert, Navaldeep Kaur

The Open Journal of Occupational Therapy

Background: It is now recognized that individuals with mild cognitive impairment (MCI) face subtle functional declines that can compromise performance in everyday tasks. However, it is still not clear how to capture these declines in the clinical setting. Thus, the goal of this study was to conduct a scoping review to identify performance-based tools for which the psychometric properties have been evaluated with the MCI population.

Methods: A scoping review of the scientific literature was performed with the guidance of a health science librarian in searching the MEDLINE, PsychINFO, CINAHL, and EMBASE databases from their inception until May 2014.

Results: …

Alumni Honors Banquet

Maryland Carey Law

No abstract provided.

Custodial Collies Of Transparency-The Competitive Advantage Of Protecting Investing Lamm[Bs] From Advising Wolves: Lamm V. State Street Bank & Trust, Steven L. Jones

Mercer Law Review

Unscrupulous investment advisers who defraud their unsuspecting clients are increasingly prevalent in our society. Consequently, investors must be increasingly vigilant to protect themselves from such individuals. A custodial bank is one way investors can prevent mismanagement and misuse of funds and securities they entrust to financial advisers. However, the United States Court of Appeals for the Eleventh Circuit opinion Lamm v. State Street Bank & Trust illustrates that the mere presence of a custodial bank does not adequately insulate investors from fraudulent adviser activity. Under current Securities and Exchange Commission (SEC) regulations, specifically 17 Code of Federal Regulations (C.F.R.) Section …

Monitor’S Report Regarding Compliance By Defendant J.P. Morgan Chase Bank, N.A. For The Measurement Periods Ended September 30, 2014 And December 31, 2014, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Report Regarding Compliance By Defendant Bank Of America, N.A. For The Measurement Periods Ended September 30, 2014 And December 31, 2014, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Report Regarding Compliance By Defendants Wells Fargo & Company And Wells Fargo Bank, N.A. For The Measurement Periods Ended September 30, 2014 And December 31, 2014, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Report Regarding Compliance By Defendant Citimortgage, Inc. For The Measurement Periods Ended September 30, 2014 And December 31, 2014, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Damp Squib: The Disappointing Denouement Of The Sentencing Commission's Economic Crime Project (And What They Should Do Now), Frank O. Bowman Iii

Faculty Publications

The consolidated fraud and theft guideline, U.S.S.G. S2B1.I, has been a subject of sustained comment and critique since its adoption in 2001. Some of the critiques are technical and relate to issues such as the importance of "loss" in economic crime sentencing and the proper definition of concepts like "intended loss" and "sophisticated means." However, for the last decade or so, the dominant complaint has been that 22 Bi.i prescribes sentences that, particularly for many defendants in cases involving high loss amounts, are far too long.

Cracking The One-Way Mirror: How Computational Politics Harms Voter Privacy, And Proposed Regulatory Solutions, Kwame N. Akosah

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Examining Critical Race Theory: Outsider Jurisprudence And Hiv/Aids - A Perspective On Desire And Power, Shannon Gilreath

Minnesota Journal of Law & Inequality

Symposium: Examining Critical Race Theory: Honoring Professor Richard Delgado

Continuous Monitoring Of Enterprise Risks: A Delphi Feasibility Study, Robert Baksa

Dissertations

A constantly evolving regulatory environment, increasing market pressure to improve operations, and rapidly changing business conditions are creating the need for ongoing assurance that organizational risks are continually and adequately mitigated. Enterprises are perpetually exposed to fraud, poor decision making and/or other inefficiencies that can lead to significant financial loss and/or increased levels of operating risk. Increasingly, Information Systems are being harnessed to reinvent the risk management process. One promising technology is Continuous Auditing, which seeks to transform the audit process from periodic reviews of a few transactions to a continuous review of all transactions. However, the highly integrated, rapidly …

Monitor’S Second Interim Report Regarding Compliance By Ocwen Loan Servicing, Llc As Successor By Assignment From Defendants Residential Capital Llc, Gmac Mortgage Llc, And Ally Financial Inc. For The Measurement Periods Ended March 31, 2014 And June 30, 2014, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Intermittent White-Collar Offenders: Who They Are And How To Stop Them, Mark Edward Correia

Criminal Justice

This paper examines intermittent white-collar offenders. Intermittent offenders represent the most dangerous of white-collar offenders as they are criminally dormant for years at a time and commit deviant acts when the opportunity presents itself. It is for this reason that they are classified as “opportunity seekers.” This paper will discuss previous white-collar crime research and assert that white-collar offenders are predisposed to crime. In addition, a modern definition for white-collar crime will be introduced. Following the analysis of the intermittent white-collar offender characteristics, real-world applications on how to dissuade offenders from participating in white-collar crime will be discussed. The onus …

Coins In The Air: A Literature Review On The Evolving Framework Of Bitcoin And Its Relevance To The Accounting Profession, Javin H. Forrester

Accounting

Bitcoin is an innovative virtual currency, which has gained much commercial traction, yet is widely overlooked by the accounting profession. Due to its parallels with actual currencies and its growing use, accountants should be aware of what bitcoin is, including its risks and benefits, in order to properly leverage its business uses. Of the existing financial instruments, derivatives stand out in their potential to stabilize the bitcoin market. Bitcoin regulation is sparse, but evolving, especially in the face of the emerging bitcoin securities and derivatives markets. The accounting profession is poised to play a major role in facilitating the future …