Digital Commons Network^™

When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore

Buffalo Public Interest Law Journal

No abstract provided.

Generational Differences Of Personal Values Of Business Students, Don E. Giacomino, Jill Brown, Michael D. Akers

Accounting Faculty Research and Publications

This paper examines the values and value systems of business students from a private mid-western university using the Rokeach Value Survey and the Musser and Orke Typology of Personal Values. The findings of this study are compared with the results of studies in the latter part of the 1990’s and early 2000 in order to provide some insights regarding generational differences. There is evidence of changes in several individual variables during the past decade. For example, the value with the greatest change is National Security. Students in 2010 place more importance on this value than did the students in 1998. …

Post Racialism?, André Douglas Pond Cummings

Law Faculty Scholarship

The 2008 election of President Barack Obama represents a halcyon moment in U.S. history. President Obama’s election begs a critical question: whether his nationwide landslide victory catapulted the United States, with its sordid racial past, into a truly post-racial place as many claim. While Obama’s election was possible due to important changes that have taken place in the United States in the past fifty years, the reality is that profound disparities continue to exist between minority and white Americans that show no sign of dissipating during this Obama presidency. Of these profound disparities, some of the most striking include those …

Economic Terror: Market Manifestations Of Terror Attacks, Richard V. Rodriguez

American University National Security Law Brief

No abstract provided.

The Criminalization Of Immigration And The International Norm Of Non-Discrimination: Deportation And Detention In U.S. Immigration Law, Barbara A. Frey, X. Kevin Zhao

Minnesota Journal of Law & Inequality

No abstract provided.

When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan

Washington and Lee Law Review

No abstract provided.

Fraud On The Market: An Action Without A Cause, Amanda Rose

Vanderbilt Law School Faculty Publications

This is a response to William W. Bratton & Michael L. Wachter, The Political Economy of Fraud on the Market, 160 U. PA. L. REV. 69 (2011). Bratton and Wachter argue that fraud-on-the-market class actions (FOTM) should be eliminated and replaced with stepped-up public enforcement efforts targeted at individual wrongdoers (rather than the corporate enterprise, the FOTM target of choice). In this Response, I do not disagree: My own scholarship has similarly emphasized the benefits of shifting away from FOTM to greater reliance on public enforcement mechanisms. Instead, I take the opportunity to elaborate on the deterrence and corporate governance …

Sarbanes-Oxley And Corporate Greed, Adria L. Stigliano

Honors Scholar Theses

The Sarbanes-Oxley Act is still a relatively new federal law set forth by the Securities Exchange Commission in 2002. Since its implementation, individuals have been wondering if Sarbanes-Oxley is effective enough and doing what it is meant to do – catch and prevent future accounting frauds and scandals. With the use of closer and stricter rules, the SOA is trying to prevent frauds with the use of a created Public Company Accounting Oversight Board. Most importantly, however, it was created to protect the investors from self-interested managers, so as to not have repeats of the Enron, WorldCom and Tyco International …

Fdic 2010 Annual Report, Management's Discussion And Analysis, United States: Federal Deposit Insurance Corporation (Fdic)

Documents

No abstract provided.

Internet Voting, Security, And Privacy, Jeremy Epstein

William & Mary Bill of Rights Journal

No abstract provided.

Finding Equilibrium: Exploring Due Process Violations In The Whistleblower Provisions Of The Fraud Enforecement And Recovery Act Of 2009, Laura Hough

William & Mary Bill of Rights Journal

No abstract provided.

Government Financial Management, Strategy For Preventing Corruption In Indonesia, Haryono Umar

The South East Asian Journal of Management

In popular view, the term accountability generally refers to a wide spectrum of public expectations dealing with organizational performance, responsiveness, good governance, and even morality of government and nonprofit organizations. These expectations often include implicit performance criteria – related to obligations and responsibilities – that are subjectively interpreted and sometimes even contradictory. And in this broader conception of accountability, the range of people and institutions to whom public and nonprofit organizations must account include not only higher authorities in the institutional chain of command but also the general public, the news media, peer agencies, donors, and many other stakeholders (Kearns, …

The New Hampshire, Vol. 100 [101], No. 47 (Apr. 22, 2011), The New Hampshire

The New Hampshire Print Edition

An independent student produced newspaper from the University of New Hampshire. This volume was printed as 100, but it is the 101st volume in the series. This was corrected in pencil.

The Grizzly, April 14, 2011, Katie Callahan, Jessica Long, Sara Sherr, Lisa Jobe, Sara Hourwitz, Allison Nichols, Sarah Bollert, Katie Haldeman, Joshua C. Walsh, Kyu Chul Shin, Anna Larouche

Ursinus College Grizzly Newspaper, 1978 to Present

Ursinus Enjoys Sixth Annual CoSA Event • Students Participate in 30 Hour Famine • Haverford Professor Guest Lectures on Physics Theory • Dr. Ruth Rosenberg Speaks on Holocaust Remembrance • Ursinus Welcomes Patti Smith • Tips on Surviving and Salvaging Bad Internships • Hypnotist Brings Laughs • How to Avoid Allergy Season • Linking Up with LinkedIn • Internship Spotlight: Lindsay Budnick • Opinions: Response to Article "Segregation in the 21st Century"; Verizon's DroidX-R2D2 has Cool Features But is Not for Me; President Obama Sends CIA Agents to Libya • How Far Ursinus Goes to Keep Students Safe on Main …

The Criminal Class Action, Adam S. Zimmerman, David Jaros

All Faculty Scholarship

Over the past ten years, in a variety of high-profile corporate scandals, prosecutors have sought billions of dollars in restitution for crimes ranging from environmental dumping and consumer scams to financial fraud. In what we call “criminal class action” settlements, prosecutors distribute that money to groups of victims as in a civil class action while continuing to pursue the traditional criminal justice goals of retribution and deterrence.

Unlike civil class actions, however, the emerging criminal class action lacks critical safeguards for victims entitled to compensation. While prosecutors are encouraged, and even required by statute, to seek victim restitution, they lack …

Daily Eastern News: March 04, 2011, Eastern Illinois University

March

No abstract provided.

Let‘S Put The Fear In The Fera! Suggestions To Make The Fraud Enforcement And Recovery Act Of 2009 A Strong Fraud Deterrent, Jim Moye

Southern Illinois University Law Journal

In 2009, Congress passed the Fraud Enforcement Recovery Act to combat the recent surge in fraud.  This article reviews the major fraud cases of the last two years, including healthcare fraud, mortgage fraud, and improper pharmaceutical labeling.  It then argues that, although FERA was a valiant attempt by the federal government to address the surge in fraudulent behavior, the law did not go far enough to dissuade such behavior.  The author proposes stronger measures, such as permanently banning FERA violators from federal contract and program consideration, increasing the financial liability of those violating the law to reflect the full financial …

Investors And Employees As Relief Defendants In Investment Fraud Receiverships: Promoting Efficiency By Following The Plain Meaning Of "Legitimate Claim Or Ownership Interest", Jared A. Wilkerson

W&M Law Student Publications

Relief defendants are nominal, innocent parties who hold funds traceable to the receivership but have no legitimate claim or ownership interest in them. These nominal parties, as opposed to full or primary defendants, have no cause of action asserted against them, and if they show no legitimate claim to the funds traced to the receivership, the funds are disgorged — generally at summary judgment. This seemingly simple relief defendant tool is used by receivers and regulatory agencies to quickly recover receivership funds for ultimate distribution to creditors. Recently, however, conflict has arisen in federal courts concerning the meaning of “legitimate …

The Utah Statesman, February 7, 2011, Utah State University

The Utah Statesman

Weekly student newspaper of Utah State University in Logan.

Using Business Students ' Precepts To Predict Ethical Decision Making, Wally Guyot Ph.D., Robert Meier Ph.D., Reginald L. Bell

Journal of Business & Leadership: Research, Practice, and Teaching (2005-2012)

A 13-item questionnaire was administered to 259 business students on two college campuses, with a combined population of 1,872, to determine if religious affiliation, upbringing, profession, college major and several other independent variables (labeled precepts) could be used to predict students' perceptions of some main problems of philosophy. Stepwise multiple regression models revealed several significant differences, with p

The False Claims Act And The Eroding Scienter In Healthcare Fraud Litigation, Richard Doan

Annals of Health Law and Life Sciences

This article addresses the federal government's expansive methods in tackling healthcare fraud, particularly in misapplying the False Claims Act. Although tasked with the obligation to curtail the fraudulent submission of Medicare & Medicaid claims, the U.S. government must rein in the current trend to utilize the False Claims Act against smaller medical providers. As the Act's original focus has ebbed in significance, the government has increasingly applied the False Claims Act to circumstances that do not evince actual fraud. In doing so, federal courts have effectively eroded the statute's critical scienter requirement. The federal common-law doctrines of "payment by mistake" …

The Evolutionary Biology Of Fungi And Fraud, Wendy Gerwick Couture

Articles

In this Article, the authors-a law professor and a biologist-offer a fresh perspective on the use of broad federal fraud statutes to combat fraud by drawing a comparison with the use of multi-site fungicides to combat plant disease. Multi-site fungicides are effective at preventing the evolution of resistant strains of fungi, but they are subject to increased regulatory scrutiny amid concerns about off-target toxicity. Similarly, broad fraud statutes serve as a stopgap to prevent the evolution of new types of fraud, but they are widely criticized as unduly vague and as interfering with the operation of specific fraud statutes. Biologists' …

Indemnification And Advancement Through An Agency Lens, Deborah A. Demott

Law and Contemporary Problems

DeMott discusses the doctrines that define entitlements to indemnification. In the corporate context, indemnification is better grounded, as in the Model Business Corporation Act (MBCA), in the necessity of furnishing corporate directors with appropriate protection against personal risk. To be sure, as the MBCA's official comments implicitly acknowledge, the position of officers, especially senior executive officers, does not fit neatly and exclusively into either an "agent" or a "non-agent" category for indemnification purposes.

Enhanced "Blue Sky" Enforcement: A Path To Help Solve Our Public School Funding Dilemma, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Subject Index, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

The Future Of Hedge Fund Regulation: A Comparative Approach: United States, United Kingdom, France, Italy, And Germany, Anne Riviere

Richmond Journal of Global Law & Business

No abstract provided.

Transnational Securities Fraud And The Extraterritorial Application Of U.S. Securities Laws: Challenges And Opportunities, Genevieve Beyea

Global Business Law Review

With globalization, securities markets have become increasingly interconnected, and securities fraud has frequently crossed borders, creating problems for national regulators seeking to deter and punish fraud. The United States’ well-developed private enforcement mechanism for securities fraud is very attractive to investors around the world who are harmed by transnational securities fraud, particularly those from countries where private enforcement mechanisms do not exist or fraud is under-regulated. The application of U.S. securities law to foreign investors, however, presents a number of challenges, creating the potential for both under and overregulation as well as possible conflict with the regulatory systems of other …

The Abraham L. Pomerantz Lecture: Don't Blink: Snap Decisions And Securities Regulation, Frank Partnoy

Brooklyn Law Review

No abstract provided.

Corporate Corruption & The New Gold Mine: How The Dodd-Frank Act Overincentivizes Whistleblowing, Jenny Lee

Brooklyn Law Review

No abstract provided.