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Growing South Dakota (Spring 2014), College Of Agriculture &. Biological Sciences

Growing South Dakota (Publication of the College of Agriculture, Food and Environmental Sciences)

This issue contains the SDSU Extension 2013 Annual Report.

[Page] 2 The New SDSU Extension: Two Years Later, Change Has Brought New Successes
[Page] 4 Your 24-7 Connection: iGrow.org Makes SDSU Extension Easily Accessible, Responsive
[Page] 5 SDSU Regional Extension Centers: Your Front Door To SDSU
[Pages] 6-7 Leading The Challenge: Projects To Address Food Security, Financial Knowledge Underway
[Pages] 8-9 Regional Collaboration: SET Grants & Food Networks Initiated
[Pages] 10-11 Encouraging & Empowering: Native American Program Assists Reservations In Striving For Healthy Food, Healthy Communities & Youth Science Programming
[Page] 12 Evaluating Yields: Crop Performance Testing Provides Important, Unbiased …

Vol.41 N.33 March 13th 2014, Brown Publishing Company

Black Voice News

No abstract provided.

2014-03-10 Meeting Minutes, Morehead State University. Staff Congress.

Staff Congress Records

Staff Congress meeting minutes for March 10, 2014.

Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien

Seattle University Law Review

The global investigations into the manipulation of the London Interbank Offered Rate (Libor) have raised significant questions about how conflicts of interest are managed for regulated entities contributing to benchmarks. An alternative framework, which brings the management of the rate process under direct regulatory supervision, is under consideration, coordinated by the International Organization of Securities Commissions taskforce. The articulation of global principles builds on a review commissioned by the British government that suggests rates calculated by submission can be reformed. This paper argues that this approach is predestined to fail, precisely because it ignores the lessons of history. In revisiting …

The New Policing Of Business Crime, Rachel E. Barkow

Seattle University Law Review

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 …

Online Integrity: Student Authentication In An Online Course, Susan Evans Jennings, M. Gail Weatherly, S. Ann Wilson

Faculty Publications

Distance education has been around for over 100 years and has progressed from print based or correspondence study to radio, television, audio or video recordings, and on to video conferencing and computer mediated instruction (Wang and Gearhart, 2006). In 2000, Dooley and Murphy stated that delivery via the Internet was relatively new and challenging for higher education institutions. Most would agree that even though delivery via the Internet might no longer be considered “relatively new,” it can still be considered challenging.

The Political Economy Of Board Independence, Urska Velikonja

North Carolina Law Review

No abstract provided.

Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott

Nevada Law Journal

No abstract provided.

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

William & Mary Business Law Review

Under the mandate of the 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 Article focuses on the advisability of such a proposal for institutional investors. It shows that, first, 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 nonreliance on broker-dealers’ advice. Thus, the benefit of fiduciary duty is much narrower than what …

Privacy In The Federal Bankruptcy Courts, Mary Jo Obee, William C. Plouffe Jr.

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Surf Is Up, But Who Owns The Beach - Who Should Regulate Commerce On The Internet, Charles R. Topping

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Monitor’S Final Consumer Relief Report Regarding Defendants Residential Capital, Llc, Ally Financial, Inc., And Gmac Mortgage, Llc, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Judge Rakoff, The Justice Department, And Corporate Crime: Lack Of Will Or Lack Of Cause?, Michael Wiseman

Emory Business Law Review

In the wake of the Great Recession, has the Justice Department neglected its duty to prosecute officers of financial institutions, or are prosecutorial options insufficient under current law? This piece examines the question posed by Judge Jed S. Rakoff. Rule 10b-5 could allow for prosecution involving misbranded AAA-rated collateralized debt obligations (CDOs), or improperly influenced the credit rating agencies both of which contributed to the collapse of 2008. Exploring this issue, Michael Wiseman's piece examines the effect of deferred or non-prosecution agreements by the U.S. Department of Justice. This piece also explores efforts by congress to impose quasi-strict liability, embodied …

Unfinished Business: Dodd-Frank's Whistleblower Anti-Retaliation Protections Fall Short For Private Companies And Their Employees, Chelsea Hunt Overhuls

The Journal of Business, Entrepreneurship & the Law

The Sarbanes-Oxley Act of 2002 (“SOX”) revolutionized the world of securities law whistleblowing. It encouraged employees to reveal corporate fraud by providing federal anti-retaliation protection to incentivize such reports. Securities law whistleblowing was transformed a second time in 2010 when Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Under Dodd-Frank, employees that report information to the Securities and Exchange Commission (“SEC”) are not only provided federal anti-retaliation protections but also are eligible for a hefty bounty. Two major differences separate these statutes: (1) SOX is limited to employees of companies who are subject to the reporting …

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.