Digital Commons Network^™

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

Brooklyn Law Review

No abstract provided.

The Tenth Annual Albert A. Destefano Lecture On Corporate, Securities & Financial Law. Corporate Accountability: Governance And Compensation Issues, Stanley Sporkin, Todd Lang, Gary Naftalis, Jeffrey Sonnenfeld, Louise Story

Fordham Journal of Corporate & Financial Law

CORPORATE ACCOUNTABILITY: GOVERNANCE AND COMPENSATION ISSUES

An Exploratory Study Of The Curricular Integration Of Ethics In Executive Mba Programs, Jaime M. Franco

Dissertations

An Exploratory Study of the Curricular Integration of Ethics in Executive MBA Programs

News headlines of corporate scandals have unleashed a contentious debate of whether or not graduate management education has contributed to corporate collapses and the resultant financial crisis. In particular, questions abound as to the willingness of Executive MBA program (EMBA) administrators and faculty to integrate ethics into the curriculum.

A sizable amount of research has been conducted and published on the curricular integration of ethics in graduate management education. Unfortunately, very little is known about the curricular integration of ethics in EMBA programs. Over time, the number …

Concerning A Supplemental Appropriation To The Department Of Regulatory Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Index, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Repeal Of The "Identity Theft And Financial Fraud Deterrence Act"., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

The Business Of Turning Rookies Into "Professional" Day-Traders: A Call For Improved Regulation Of Day-Trading Training Firms, Sandra Gotlaufa

California Western Law Review

No abstract provided.

Outsourcing Fraud Detection: The Analyst As Dodd-Frank Whistleblower, Luke Roosevelt Hornblower

Journal of Business & Technology Law

No abstract provided.

A 2011 Investigation Into Remnant Data On Second Hand Memory Cards Sold In Australia, Patryk Szewczyk, Krishnun Sansurooah

Australian Digital Forensics Conference

The use of memory cards is widely used in numerous electronic devices including tablet computers, cameras, mobile phones and multimedia devices. Like a USB drive, memory cards are an inexpensive and portable persistent storage solution. Numerous manufactures are incorporating a memory card interface into their product, allowing for a large array of confidential data to be stored. This research aimed to determine the sensitivity, type and amount of data that remained on second hand memory cards post sale. In 2011, over an eight month period, 119 second hand memory cards were randomly purchased from eBay Australia. The findings from the …

Applying The Common-Law Cause Of Action Negligent Enablement Of Imposter Fraud To Social Networking Sites, Shannon N. Sterritt

Seton Hall Law Review

No abstract provided.

Credit-Monitoring Damages In Cybersecurity Tort Litigation, Vincent R. Johnson

Faculty Articles

When someone improperly accesses or discloses an individual’s personal information, the subject of that data breach is often at an increased risk of identity theft. One way for an affected data subject to guard against this risk is to subscribe to a credit-monitoring service. Recently, potential cybersecurity defendants have provided credit-monitoring services to affected data subjects voluntarily, and courts have approved credit-monitoring compensation as part of class-action settlements. These developments demonstrate that credit-monitoring expenditures are both reasonable and necessary when a serious breach of data security occurs. Furthermore, the economic loss rule should not bar recovery of credit-monitoring damages because …

The Dodd-Frank Wall Street Reform And Consumer Protection Act: What Caused The Financial Crisis And Will Dodd-Frank Prevent Future Crises, Charles W. Murdock

SMU Law Review

No abstract provided.

The Political Economy Of Fraud On The Market, William Wilson Bratton, Michael L. Wachter

Articles

The fraud-on-the-market class action no longer enjoys much academic support. The justifications traditionally advanced by its defenders-compensation for out-of-pocket loss and deterrence of fraud-are thought to have failed due to the action's real world dependence on enterprise liability and issuer-funded settlements. The compensation justification collapses when considered from the point of view of different types of shareholders. Well-diversified shareholders' receipts and payments of damages balance over time and amount to a wash before payment of litigation costs. The shareholders arguably in need of compensation--fundamental value investors who rely on published reports--are undercompensated due to pro rata distribution of settlement proceeds …

The Rise In Elder Bankruptcy Filings And The Failure Of U.S. Bankruptcy Law, John A. E. Pottow

Articles

Recent empirical legal scholarship on the consumer bankruptcy system has uncovered a marked rise in the proportion of elder Americans filing for relief under the Bankruptcy Code. But these studies have not probed the reasons behind that rise, an omission this Article seeks to address. Professor John Pottow and colleagues recently assembled the new dataset of the Consumer Bankruptcy Project (CBP), the largest national sample of consumer debtors in this country, which he uses to explore the sources of elder bankruptcy. The findings are both striking and ominous. While multiple factors, such as health problems and medical debts, contribute to …

Breaking Past The Parallax: Finding The True Place Of Lawyers In Securities Fraud, Marianne C. Adams

Fordham Urban Law Journal

Lawyers often play an integral part in business transactions and securities offerings. This puts lawyers on the sidelines of not only great business successes, but also, every so often, tremendous failures. Because they are viewed by many as gatekeepers, and in that role provide a degree of assurance (with their reputational capital) that gross illegalities will not occur, a series of questions arise in the minds of many when illegalities do happen on attorneys’ watch. This Note analyzes the legal standards that are in play and those that should be imposed when lawyers aid or abet a fraud. Part I …

Back Matter

Seidman Business Review

No abstract provided.

Racial Coding And The Financial Market Crisis, Andre Douglas Pond Cummings

Utah Law Review

The financial market crisis of 2008 literally invites interrogation of sacred economic traditions in the United States. A near total collapse of the global capital markets signals genuine problems with American capitalism and the neoclassical economics modeling so prevalent today. Yet, we are largely failing the invitation to critically examine the underlying economic principles our markets are currently based upon. One reason that we are failing the invitation to challenge our classic capitalist underpinnings is because many of the entrenched elite in the United States have misdirected our attention. When a massive failure in the private markets nearly collapses the …

The Uneasy Case For The Inside Director, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

In the wake of recent scandals and the economic meltdown, there is nearly universal support for the notion that corporations must have independent directors. Conventional wisdom insists that independent directors can more effectively monitor the corporation and prevent or otherwise better detect wrongdoing. As the movement to increase director independence has gained traction, inside directors have become an endangered species, relegated to holding a minimal number of seats on the corporate board. This Article questions the popular trend away from inside directors by critiquing the rationales in favor of director independence, and assessing the potential advantages of inside directors. This …

The Dodd- Frank Wall Street Reform And Consumer Protection Act: What Caused The Financial Crisis And Will Dodd-Frank Succeed In Preventing Future Crises?, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

Removing The Umpire’S Mask: The Propriety And Impact Of Judicial Apologies, Maxine D. Goodman

Utah Law Review

One additional question this Article raises is why judicial conduct often warrants an apology. In other words, why do judges behave so badly? Researching judicial apologies for this Article presented a distressing view of judicial behavior—the degree and amount of rude and offensive behavior, illustrated by the examples shared previously, was both surprising and disheartening. Ideally, other commentators may take this Article and build on the ideas regarding the role of emotions in judging, which would include the emotions that motivate apologies.

A Secure Online Payment System, Shristi Pant

Theses and Dissertations--Computer Science

An online payment system allows a customer to make a payment to an online merchant or a service provider. Payment gateways, a channel between customers and payment processors, use various security tools to secure a customer’s payment information, usually debit or credit card information, during an online payment. However, the security provided by a payment gateway cannot completely protect a customer’s payment information when a merchant also has the ability to obtain the payment information in some form. Furthermore, not all merchants provide a secure payment environment to their customers and, despite having a standard payment policy, adhere to it. …

Investigating The Relationship Between Governance Mechanisms And The Disclosure Of It Control Weaknesses, Basil Hamdan

Theses and Dissertations

The current research is concerned with exploring the quality of information technology (IT) control over financial reporting systems as reported under Section 404 of the Sarbanes-Oxley Act of 2002. More specifically, this dissertation examines the association between organizational governance mechanisms and the occurrence and subsequent disclosure of IT control weaknesses. Despite the adverse impact of IT control weaknesses on internal control quality and financial reporting reliability, research on IT controls in general and IT control weaknesses in particular remains largely anecdotal with limited reliance on theory. The current work proposes and tests an integrated theoretical model of the antecedents of …

Developing A Forensic Continuous Audit Model, Grover S. Kearns, Katherine J. Barker, Stephen P. Danese

Journal of Digital Forensics, Security and Law

Despite increased attention to internal controls and risk assessment, traditional audit approaches do not seem to be highly effective in uncovering the majority of frauds. Less than 20 percent of all occupational frauds are uncovered by auditors. Forensic accounting has recognized the need for automated approaches to fraud analysis yet research has not examined the benefits of forensic continuous auditing as a method to detect and deter corporate fraud. The purpose of this paper is to show how such an approach is possible. A model is presented that supports the acceptance of forensic continuous auditing by auditors and management as …

Financial Reporting Fraud : A Practical Guide To Detection And Internal Control, Charles R. Lundelius

Guides, Handbooks and Manuals

No abstract provided.

Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball

Journal of Law and Health

This note explains the severity of medical identity theft and the state and federal legislative reactions to the problem. Specifically, the note discusses data breach notification statutes that require healthcare providers to notify consumers when the systems holding customer personal information are breached. The note concludes that Ohio’s data breach notification statute, which does not expressly cover healthcare providers, should be amended to protect residents from medical identity theft and provide redress when healthcare providers violate state law.

Global Finance, Multinationals And Human Rights: With Commentary On Backer's Critique Of The 2008 Report By John Ruggie, Faith Stevelman

Santa Clara Journal of International Law

No abstract provided.

Credit Derivatives, Leverage, And Financial Regulation's Missing Macroeconomic Dimension, Erik F. Gerding

Publications

Of all OTC derivatives, credit derivatives pose particular concerns because of their ability to generate leverage that can increase liquidity - or the effective money supply - throughout the financial system. Credit derivatives and the leverage they create thus do much more than increase the fragility of financial institutions and increase counterparty risk. By increasing leverage and liquidity, credit derivatives can fuel rises in asset prices and even asset price bubbles. Rising asset prices can then mask mistakes in the pricing of credit derivatives and in assessments of overall leverage in the financial system. Furthermore, the use of credit derivatives …

Transnational Crime In A Global Community: The Case Of West Africa, Holly Joanna Sims

Online Theses and Dissertations

This research project is an examination of the organization and behavior of criminal group activity in the region of West Africa. An assessment of the size, structure, and type of criminal enterprises crime groups are involved in are investigated. It is also uncovered if and how groups make use of corruption, the legit economy, and influence politicians. The environment in which transnational crime is able to thrive is also of great interest as the social, political, economic, and technological changes that occurred alongside the sudden trend in transnational crime activity are considered. The information is used to generate a discussion …

Exiles At Home: The Struggle To Become American In Creole New Orleans (Book Review), Mary Niall Mitchell

History Faculty Publications

The article reviews the book "Exiles at Home: The Struggle to Become American in Creole New Orleans," by Shirley Elizabeth Thompson.

A Neural Network Approach To Estimating The Allowance For Bad Debt, Donald Joyner

Theses and Dissertations

The granting of credit is a necessary risk of doing business. If companies only accepted cash, sales would be negatively impacted. In a perfect world, all consumers would pay their bills when they become due. However, the fact is that some consumers do default on debt. Companies are willing to accept default risk because the value of defaults does not exceed the value of the additional sales generated. This creates an issue in regards to the valuation of uncollectible accounts. In order for a company to disclose the true value of its accounts receivable, it must establish an allowance for …