Business Commons^™

John Lee Hancock, The Founder (2016), Alejandro Hazera

Markets, Globalization & Development Review

No abstract provided.

Peruvian Antiquities And The Collecting Of Cultural Goods, Terrence H. Witkowski

Markets, Globalization & Development Review

Ancient art, artifacts, and architecture have long excited the intellectual curiosity and acquisitive passions of private and institutional collectors who, in turn, have funded archaeological research, preservation initiatives, and public education. Yet, the procurement of these goods also has encouraged looting and trafficking activities. Supplying collectors has destroyed much cultural evidence in source countries and has raised questions about who should control heritage and history. This article investigates the market for Peruvian antiquities, the surviving material culture created by the country’s inhabitants before the Spanish Conquest. It briefly reviews Peru’s early history and the history of collecting its artifacts, and …

Heroes: How Hr Leaders Can Help End Sexual Violence Against Women, Wyatt Pagano

Marriott Student Review

This article explores the nature of the negative consequences of sexual violence for victims and the resulting problems that sexual misconduct can cause for businesses. Also, the article aims to demonstrate ways that HR leaders can help prevent violence and alleviate its consequences, leading to a better, safer workplace and world for women everywhere.

Social Media In The Hiring Process: Uncovering Top Talent Or Lawsuits, Ian U. Anderson

Marriott Student Review

As social media use in the hiring process increases, hiring managers must understand how to use it effectively and legally. Improper use of social media when researching candidates can lead to lawsuits. This article features three key recommendation for effective use of social media in hiring decisions.

Unexpected Connections: Full Issue Of Volume 1, Issue 3, Marianna E. Richardson

Marriott Student Review

Unexpected Connections is the Fall 2017 Issue of Marriott Student Review.

Business Sustainability: An Analysis Of Three Enterprises In Charlotte, North Carolina, Cera T. Crowe, Padmini Patwardhan Dr.

The Winthrop McNair Research Bulletin

Sustainability is defined in varying ways by businesses for reasons such as industry, stakeholder expectations, compliance, and other factors. In this case study, three companies, Domtar, Duke Energy, and Nucor, are examined on their approach to reporting and practicing environmental, social, and economic sustainability. Content analysis was used to identify themes in corporate paid, owned, and earned media. Interviews with facility managers were used to understand how management implements sustainable practices on a facility level. This case study examines in detail how these companies use different language, tools, and systems to progress sustainable development in a globalized economy. Results showed …

Making Corporate Social Responsibility Work: Do Rural And Community Banks (Rcbs) In Ghana Care At All?, Henry Kofi Mensah Dr., Ahmed Agyapong Dr., Eric Fosu Oteng-Abayie Dr.

The Qualitative Report

Rural and Community Banks (RCBs) were set up to provide banking services by way of funds mobilization and offering of credit to cottage industry operators, farmers, fishermen, and regular salaried employees. These banks are not obliged to undertake Corporate Social Responsibility (CSR) activities but are expected by some stakeholders such as citizens in the community to devote part of their profits to meet social developmental activities. This study examines the CSR practices among RCBs in Ghana by adopting a mixed method approach. A combination of Focus Group Discussions (FGDs) and cross-sectional survey was employed to gather detailed information from 86 …

Taxing Systemic Risk, Eric D. Chason

The University of New Hampshire Law Review

A tax on the harmful elements of finance—a tax on systemic risk—would raise revenue and also lower the likelihood of future crisis. Financial institutions, which pay the tax, would try to minimize its cost by lowering their systemic risk. In theory, a tax on systemic risk is perfect policy. In practice, however, this perfect policy is unattainable. Tax laws need clear definitions to be administrable. Our current understanding of systemic risk is too abstract and too metaphorical to serve as a target for taxation.

Despite the absence of a clear definition of systemic risk, academics and policy makers continue to …

Event Planner Sensitivity To The Needs Of Individuals With Visual Disability At Meetings And Events, Gina Fe G. Causin Ph.D., Tessa Mccarthy Ph.D.

Journal of Human Services: Training, Research, and Practice

Special events, such as fairs, conventions, ballgames, and concerts are typically activities people attend to participate in the festivities and enjoy with friends and family members. For individuals with disabilities, however, these types of events can create more challenges than enjoyment. Despite a thorough review of the literature, no studies were found which evaluated the experiences of individuals who are blind and have visual impairments at events and meetings. The aim of this study was to determine the current level of accessibility at meetings perceived by consumers who are blind and visually impaired. Respondents to the survey indicated many obstacles …

Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon

St. Mary's Journal on Legal Malpractice & Ethics

There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …

Genocide Studies And Corporate Social Responsibility: The Contemporary Case Of The French National Railways (Sncf), Sarah Federman

Genocide Studies and Prevention: An International Journal

Genocide studies considers the accountability various of perpetrators, as well as the needs mass atrocity creates. The inclusion of market actors, however, remains marginalized. This article considers factors perpetuating this marginalization and its costs, arguing for greater inclusion of market actors in genocide-related discussions. Relegating the importance of these actors makes the field, not their role, tangential. To examine this intersection of business and genocide, this article introduces a contemporary conflict involving the United States and France over the French National Railways (SNCF) and its role in the transport of deportees towards death camps during World War II. The lengthy, …

Why We Should Have Seen That Coming: Comments On Microsoft’S Tay “Experiment,” And Wider Implications, K. W. Miller, Marty J. Wolf, Frances S. Grodzinsky

School of Computer Science & Engineering Faculty Publications

In this paper we examine the case of Tay, the Microsoft AI chatbot that was launched in March, 2016. After less than 24 hours, Microsoft shut down the experiment because the chatbot was generating tweets that were judged to be inappropriate since they included racist, sexist, and anti-Semitic language. We contend that the case of Tay illustrates a problem with the very nature of learning software (LS is a term that describes any software that changes its program in response to its interactions) that interacts directly with the public, and the developer’s role and responsibility associated with it. We make …

A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins

BYU Law Review

Utah has become a hub for company growth and innovation, especially in an area known as the “Silicon Slopes.” Well-known companies, like Qualtrics, Adobe, and eBay, have offices along the Wasatch Front. With such newfound relevance in the business community, it may seem odd that Utah’s legislature recently passed the Post-Employment Restrictions Act, which some say threatens Utah’s position as a state where businesses thrive. The Act restricts non-compete agreements to periods not greater than one year and automatically penalizes, through attorney’s fees and costs, any employer who tries to enforce a non-compete agreement that a court later finds unenforceable …

An Ethical Evaluation Of The Modern Pharmaceutical Industry, Kaitlyn Drennan

Dialogue & Nexus

Lack of transparency, wrongdoings, and unlawful promotion characterize the healthcare industry; these are especially prevalent within the pharmaceutical industry. Consequently, an investigation into the evidence of the corruption and the ethical infringement is needed. In this paper, I will evaluate the pharmaceutical industry’s adherence to the three major branches of ethics. The ever-increasing prices of pharmaceutical products, especially medications used for the combating of anaphylaxis and cancer, coupled with the compensatory-based medication promotion and research points to a major crisis in the realm of social justice. These examples, among many other current issues, lead to difficulties in individuals receiving the …

Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza

Penn State Journal of Law & International Affairs

No abstract provided.

The Pr Of Csr For The Casino Industry: A Review Of Challenging Corporate Social Responsibility: Lessons For Public Relations From The Casino Industry, Andrew B. Gustafson

UNLV Gaming Research & Review Journal

This is a review of Jessalynn Strauss' recent book, Challenging Corporate Social Responsibility: Lessons for Public Relations from the Casino Industry. Through an analysis of Casino’s CSR practices, Strauss raises some serious concerns about this alignment between CSR and PR, and provides reasons to doubt whether SCR done for strategic bottom line interests rather than purely ethical reasons will consistently accomplish what the casinos set out to achieve.

Disrespecting The Minimum Wage: How States Limit The Opportunity For Restaurant Workers To Support Themselves, Samantha Pereira

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the inequality in the restaurant industry in America. It focuses specifically on the tipped minimum wages in different states compared to the real minimum wage and looks into the gender and racial inequality present in restaurants. The first section analyzes the history of tipping and what it has become in the United States. The paper then moves to describe different struggles that tipped workers in the restaurant industry have to face. The paper also discusses different arguments to raising the tipped minimum wage and compares states with a tipped minimum wage and states without a tipped minimum …

Legalization Under The Premises Of Globalization: Why And Where To Enforce Corporate Social Responsibility Codes, Anna Beckers

Indiana Journal of Global Legal Studies

This contribution advances the argument that global self-regulation through corporate social responsibility codes can and should be enforced under domestic private laws. Corporate social responsibility codes are defined as unilateral corporate commitments that indicate a corporation's willingness to take on a global regulatory role in the absence of a global political government-a phenomenon that is difficult to grasp from the perspective of traditional private law categories. The contribution thus starts by discussing the aspects in which private corporate codes and private law categories seem not to fit, and points to recent developments in substantive private law that could change this …

Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits

Indiana Journal of Global Legal Studies

A central question in the debate on corporate social responsibility is to what extent CSR codes can be enforced among private parties. This contribution argues that this question is best answered by reference to the applicable doctrinal legal system. Such a doctrinal approach has recently regained importance in American scholarship, while it is still the prevailing method of legal analysis in Europe. Applying a doctrinal analysis of CSR codes allows for the possibility of private law enforcement, that is, enforcement by means of contract or tort, dependent on three different elements: the exact type of claim that is brought, the …

Why Domestic Enforcement Of Private Regulation Is (Not) The Answer: Making And Questioning The Case Of Corporate Social Responsibility Codes (Introduction), Anna Beckers, Mark Kawakami

Indiana Journal of Global Legal Studies

This issue aims to contribute to this debate by providing different perspectives on whether and how domestic enforcement of transnational private regulation through private law can and should be furthered, if at all. This is accomplished by narrowing the broader topic and focusing on the investigation of one particular area: the starting point of all the contributions will be the debate over private corporate social responsibility (CSR) codes and the case for or against their enforcement under domestic private law. These CSR codes are understood as codes of conduct developed and published by transnational corporations to show their globally applicable …

Corporate Codes In The Varieties Of Capitalism: How Their Enforcement Depends On The Differences Among Production Regimes, Gunther Teubner

Indiana Journal of Global Legal Studies

Globalization has reinforced the conflicts among the varieties of capitalism. The colliding units are not just nation states, but transnational production regimes, which cut through national boundaries. The conflicts lead global corporate codes, which are developed by international organizations, to take different directions when they are concretized on the enterprise level. They will be differently enforced according to whether they are located in Liberal Market Economies (LME), adapted to the New Sovereignty of enterprises, or in Coordinated Market Economies (CME) with greater components of social welfare state and economic democracy.

Different patterns of enforcement emerge particularly when the courts have …

A Treaty On Enforcing Human Rights Against Business: Closing The Loophole Or Getting Stuck In A Loop?, Pierre Theilbörger, Tobias Ackermann

Indiana Journal of Global Legal Studies

This Article takes a human rights law perspective on the issue of enforcing corporate social responsibility. While corporations receive a variety of rights under international law, they do not equally hold a corresponding set of duties. The Article assesses the merits and shortcomings of existing initiatives to bridge this gap, in particular the Special Representative to the Secretary-General's (legally nonbinding) Framework and Guiding Principles, as well as the most recent initiative at the United Nations Human Rights Council on developing a (legally binding) treaty on business and human rights. While emphasizing that existing legal frameworks-such as human rights law, international …

Corporate Codes As Private Co-Regulatory Instruments In Corporate Governance And Responsibility And Their Enforcement, Jan Eijsbouts

Indiana Journal of Global Legal Studies

Corporate Social Responsibility (CSR) codes have gained a prominent role as tools in self-regulation for companies to establish their basic values, norms, and rules that condition the conduct of directors, managers, employees, and-increasingly-of suppliers. This development must be seen in the light of two important paradigmatic changes in the concepts both of CSR and corporate governance. The former is no longer purely voluntary and the latter has become inclusive of CSR, each with far-reaching consequences for the raison d'itre and the place and function of the codes in the smart regulatory mix governing corporations. While the codes were based originally …

A Lex Mercatoria For Corporate Social Responsibility Codes Without The State? A Critique Of Legalization Within The State Under The Premises Of Globalization, Larry Catá Backer

Indiana Journal of Global Legal Studies

Recent efforts have sought to theorize the legalization of the social and economic sphere that is undiminished by time. Though the context has changed over time, the project remains the same-to embed behavior control within a network of mandatory proscriptions attached in some authoritative way to the state. Corporate social responsibility has been bound up in corporate codes of behavior and related private governance standards systems. In that form, it serves as a key site for the evolution of legalization and legitimacy in governance. That evolution appears to take corporate social responsibility from its twentieth century formalist rigidity into something …

Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman

Indiana Journal of Global Legal Studies

Hundreds of thousands of men and boys are trafficked and enslaved on long-haul fishing boats in the waters off the coast of Thailand. These captives endure physical and mental abuse, inhumane working conditions, meager sustenance, and little sleep as they are forced to catch fish used in products such as cat food. This Note will focus on whether a proposed Act-the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (BSCT)-would impact the issue of forced labor linked to the seafood industry in Thailand, and particularly the portion of the industry that supplies fish used in American brand …

Pitfalls Of Over-Legalization: When The Law Crowds Out And Spills Over, Mark Kawakami

Indiana Journal of Global Legal Studies

While some academics argue that enforcing voluntary corporate codes of conduct with private law backed sanctions can improve the working conditions of marginalized workers in the global supply chain, there are various risks associated with this "legalization" process. Relying on evidence from the fields of sociology, psychology, and evolutionary anthropology, this contribution will discuss how external incentives like threats of legal sanctions can actually be detrimental to the intrinsic motivations of companies that want to be socially responsible. This paper will also analyze how the crowding out effect and the spillover effect that come with legalizing otherwise voluntary norms could …

The Ethics Of Representing Founders, Paul R. Tremblay

William & Mary Business Law Review

Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so, which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder-clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.

A lawyer working with a solo …

You Can’T Stop What You Can’T See: Complementary Risk Mitigation Through Compensation Disclosure, Matt Reeder

William & Mary Business Law Review

Section 956 of the Dodd-Frank Act requires regulators to help prevent the next financial crisis by monitoring executive compensation arrangements to prevent them from becoming excessive or leading to “material financial loss.” A now-pending rule seeks to do just this. This Article argues that the rule is well-conceived inasmuch as it limits the total portion of compensation that can be based on risk-inducing incentives, ties incentive-based compensation to longer-term performance, places a ceiling on potential incentivebased earnings, provides for downward adjustment and clawbacks, prohibits many hedging behaviors, and institutionalizes governance mechanisms and oversight policies. But, by placing a number of …

Social Network Usage In The Hiring Process, Melissa L. Carpenter

WRIT: Journal of First-Year Writing

Social Network usage in hiring practice is a valuable tool for employers to learn more about an applicant than what can be found on a resume or application. Social Network usage is controversial as it can provide a variety of information to an employer that could impact the hiring process. The responsibility falls on the employer to implement a Social Network screening policy to ensure proper usage of this hiring tool. In combination with current legislation and HR professional recommendations, employers have the resources they need to develop a successful Social Network screening policy.

After The Crash: Examining Pedagogical Approaches To Teaching Business Ethics, Colette Murphy, Dr. Noel Murray

Irish Business Journal

Research has shown that business students are less ethical than students in other disciplines (Segal et al., 2011), which is a worrying finding, considering that unethical business practices are seen as a major feature leading to the world economic recession in 2008. However, business schools across the globe have consistently taught the subject of ethics in order to instil an ethical mind-set in their graduates. The way business ethics is embedded in the curriculum has been the subject of much debate, with a range of pedagogical approaches taken. This paper examines the current teaching of ethics, by examining two business …