Business Commons^™

Loophole Entrepreneurship, Brian M. Sirman

Fordham Journal of Corporate & Financial Law

All entrepreneurs seek favorable legal or regulatory treatment for their businesses. Sometimes this leads an entrepreneur to build a business within a gap in the law—a loophole. In so doing, these “loophole entrepreneurs” may avoid steep regulatory compliance costs that otherwise would beset (or perhaps prohibit) their businesses, thereby gaining advantages over competitors. Despite these benefits, loophole entrepreneurship is fraught with risks. Loopholes, by nature, are fragile, and their contours are often uncertain. Moreover, the stigma of “exploiting a loophole” (which connotes unfairness or deception) can provoke ill will among competitors, policymakers, and the public.

The ranks of loophole entrepreneurs …

Expanding Mfw: Delaware Law Should Offer A Business Judgment Rule Safe Harbor For All Conflicted Controller Transactions, Alex Lindsey

Fordham Journal of Corporate & Financial Law

While courts usually defer to a board’s business decisions under the business judgment rule, courts will apply a much less deferential standard of review due to loyalty concerns if a conflicted controller is involved in a business decision such as a merger. However, in Kahn v. M & F Worldwide (“MFW”) when a squeeze out merger was challenged by a minority stockholder, the Delaware Supreme Court reviewed the transaction under the deferential business judgment rule standard because the Court found that the structure of the transaction neutralized the controller loyalty concerns. Building on this reasoning, the Court developed a checklist …

The Problem With The “Non-Class” Class: An Urgent Call For Improved Gatekeepers In Merger Objection Litigation, Josh Molder

Fordham Journal of Corporate & Financial Law

Until recently, class actions dominated merger objection litigation. However, plaintiff’s lawyers have constructed a “non-class” class where an individual suit can benefit from the leverage of a certified class without ever meeting the stringent class certification requirements of Federal Rules of Civil Procedure 23. This new development has initiated a shift in merger objection litigation where plaintiffs are increasingly filing individual suits instead of class actions. However, this shift has left shareholders vulnerable to collusive settlements because plaintiff’s attorneys have significant control over these suits and a strong incentive to settle quickly for a substantial fee. Additionally, corporate defendants are …

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

Managing Diversity In A Culturally Fractional World: Review Of Diversity: A Key Idea For Business And Society (2023) By Mustafa F. Özbilgin, Cihat Erbil

Markets, Globalization & Development Review

No abstract provided.

Whither India’S Development: Toward Being A Super Power Or A Super Civilization?, Pradip Khandwalla

Markets, Globalization & Development Review

This commentary was triggered by my reading a lecture delivered by Saurabh Kumar, a former student of mine at Indian Institute of Management, who later served as India’s ambassador in various countries and international bodies. He bemoaned that China had much greater status in global affairs than India. Many others in India hanker for a super power status for India. I find this concern to be somewhat misguided. India should be aiming to be a great civilization, rather than a domineering superpower. The record of all the superpowers till now has been quite spotty in humane terms. My vision for …

Boeing Co: Ethical Failures And Business Scandals, Bahia Benabbad Touirs

Journal of Global Awareness

Recent advances in technology have completely changed people’s outlook on the world. Instant access to limitless information has revamped consumer behavior and expectations from the companies they interact with; therefore, social responsibility has become a crucial talking point in the business world as customers increasingly monitor their actions. A recent study showed that 70% of consumers want to know how brands are addressing social and environmental issues, and 46% of consumers believe it plays a decisive factor in their purchasing decision process (Duan, Hofer, & Aloysius, 2021). Even though this has its effects in every industry, this paper will focus …

Apple: Global Ethics And Transformational Leadership, Bisma Ahmed

Journal of Global Awareness

Apple Inc. is an American technological company that designs, manufactures, and sells various products such as laptops, phones, accessories, streaming services, licensing services, and so much more. The paper explores the corporate responsibility and unethical business practices that arise from the global sourcing of Apple’s products. The company established many relationships with suppliers in East Asia to meet the rigorous demands of consumers, promising high-quality products at the expense of factory workers. However, global sourcing comes with unethical business practices. There have been various cases against Apple’s suppliers. This research highlights unfair working conditions, overworking employees, and environmental pollution that …

Development And Validation Of Ethical Blindness Scale, Darija Aleksić, Guido Palazzo

Economic and Business Review

Recent models of ethical decision making have underlined the influence of unconscious processes of unethical behavior, and ethical blindness has been identified as a construct that deepens the understanding of unintentional unethical behavior. However, to date, no empirically tested measure of ethical blindness exists. Consequently, we have explored and developed a tool for measuring ethical blindness, which is presented in this paper. Based on qualitative data from interviews with individuals employed in different industries and a literature review, we developed a multidimensional measure of ethical blindness. The measure was tested and validated in several consecutive steps on three quantitative data …

New Dentists’ Most-Asked Legal Questions, Dan Schulte Jd

The Journal of the Michigan Dental Association

This feature addresses new dentists' most frequently asked legal questions, offering concise answers to guide them. Topics include licensing requirements, dental record maintenance, accommodations for hearing-impaired and non-English proficient patients, the enforceability of covenants not to compete, the necessity of written employment agreements, responding to bad dental work, reporting suspected abuse, prescribing drugs to friends and family, contract terms with dental plans, and handling suspected employee theft. The article emphasizes the importance of understanding legal aspects to navigate a dental career successfully.

Billion Dollar Whale, David Mcclough

The Journal of Economics and Politics

No abstract provided.

N Y State Dent J November 2023

The New York State Dental Journal

In the November 2023 issue, the reader will find the following feature articles:

• Verruciform Xanthoma
• Use of a 3D Intraoral Scanner for Prosthetic Rehabilitation of Cocaine-Induced Oronasal Fistula
• Adenoid Ameloblastoma with Dentinoid

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Introduction To International Business, Rajaram Veliyath

KSU Distinguished Course Repository

An introduction to the global business environment, this course examines the discrete and interactive effects of the geographic, historical, sociocultural, political/legal, economic and technological forces that shape business activities across borders and their consequences.

Textbook Tasks For Social Change: Instantiation Of Development Debates And Interposition Of Pedagogical Interventions In Media Literacy Education, John N. Ponsaran

Journal of Sustainable Social Change

As materialization of their discursive stance as instructional communicators and media producers, textbook authors instantiate various development debates as well as interpose a wide range of pedagogical interventions for critical reflection and adoption by learners. This qualitative study sought to situate these development debates and the counterpart pedagogical interventions within the context of textbook task design as an application and embodiment of social justice communication. The development debates serve as the proposed contexts for media text analyses, reflective exercises, case studies, and media production, among others. Correspondingly, the interposition of interventions allows students to make sense of and act upon …

Civilian Oversight Of Police Through The Lens Of Polarities Of Democracy, Joseph A. Mcmillan, Jacqueline D. Smith, William J. Benet

Journal of Sustainable Social Change

Following the murder of George Floyd, the U.S. Congress called upon the National Organization for Black Law Enforcement Executives (NOBLE) to play a role in the reimagining of policing in America, including a transformation of policing from a warrior to a guardian mentality. In turn, NOBLE partnered with the Institute for Polarities of Democracy (the Institute) to conduct an analysis of the 21st Century Policing Report (the Report), which focused on addressing a myriad of issues that challenged the relationship between the police and communities. The Report determined there were six “pillars” necessary for effective policing in America, including (1) …

The Oligarchic Courthouse: Jurisdiction, Corporate Power, And Democratic Decline, Helen Hershkoff, Luke Norris

Michigan Law Review

Jurisdiction is foundational to the exercise of judicial power. It is precisely for this reason that subject matter jurisdiction, the species of judicial power that gives a court authority to resolve a dispute, has today come to the center of a struggle between corporate litigants and the regulatory state. In a pronounced trend, corporations are using jurisdictional maneuvers to manipulate forum choice. Along the way, they are wearing out less-resourced parties, circumventing hearings on the merits, and insulating themselves from laws that seek to govern their behavior. Corporations have done so by making creative arguments to lock plaintiffs out of …

Ensuring Responsible And Transparent Use Of Generative Ai In Extension, Paul A. Hill, Lendel K. Narine

The Journal of Extension

Generative artificial intelligence (AI) systems capable of generating human-like text, images, and ideas from existing data based on user-defined prompts, will inevitably impact Extension, including increasing efficiency, productivity, and performing tasks previously exclusive to humans. There are ethical and risk-related considerations surrounding the use of generative AI, including concerns about bias and unintended consequences. It is important for Extension to consider these implications and take steps to ensure that generative AI is used in a responsible and transparent manner. Extension must ensure that educators and staff have the necessary knowledge and skills to effectively utilize and integrate this technology.

Mda Services: Why Dental Cpas Are Warning About Potential Employee Dishonesty, Reva Darling

The Journal of the Michigan Dental Association

This article details scenarios in which embezzlement and employee dishonesty can occur in a dental office and the need to employ a dental CPA. The article also describes two vendors endorsed by the Michigan Dental Association for accounting and protection against embezzlement. This article is an installment of the MDA Journal’s bi-monthly MDA Services department.

Navigating The Legal Landscape Of Mental Health In The Workplace: Insights For The Dental Practice, Gary Chamberlin Milr, Jd

The Journal of the Michigan Dental Association

Dealing with an employee’s mental health situation poses complex challenges for human resource professionals. Dental practices, typically run by busy dentists or administrative managers, often lack a human resource professional and the legal expertise needed to navigate the intricacies of employment laws pertaining to mental health disabilities. Moreover, mental health issues in the workplace are sensitive, private matters that intersect with disability and leave laws and are still associated with cultural stigmas despite evolving societal attitudes. This article provides specific scenarios that give insights into the legal issues when managing dental office employees with mental health conditions. Readers should address …

What Does Professionalism Mean To You? Part I, Michael G. Maihofer Dds

The Journal of the Michigan Dental Association

This commentary explores generational perspectives on professionalism in dentistry, focusing on how younger dentists perceive this concept. It highlights the changing dynamics in dentistry and questions whether professionalism remains relevant in a world where various practice models exist. Insights from young dentists shed light on their commitment to professionalism and its evolving definition, emphasizing the importance of caring for patients and maintaining high-quality care.

Hipaa Update: Conducting A Security Risk Analysis, Jennifer Cosey

The Journal of the Michigan Dental Association

The Health Insurance Portability and Accountability Act (HIPAA) Security Rule mandates periodic security risk analyses (SRA) to assess compliance. This analysis evaluates threats and vulnerabilities to electronic protected health information (EPHI) and considers all devices connected to a network. While the Security Rule is flexible, small organizations must still adhere to its standards. IT vendors and staff play a crucial role in implementing HIPAA safeguards. Threats and vulnerabilities must be identified to select appropriate safeguards for EPHI. These safeguards include administrative, physical, and technical measures. Addressable specifications should be implemented if reasonable, and documentation of decisions is essential. A Technical …

The Relevance And Benefits Of Moral Intelligence To Servant Leadership, Kong Wah Cora Chan

Servant Leadership: Theory & Practice

Moral intelligence has a better chance of fixing morality-related issues instead of bandaging them and addressing the servant leadership best test stated by Greenleaf (1977/2002). Prudence—mature moral intelligence—is one’s skillful act in making the best, most caring alternative among all possible choices based on moral wisdom (Bradshaw, 2010). Morally intelligent people are conscious of aligning their values, goals, and actions with the universal principles of integrity, responsibility, compassion, and forgiveness (Lennick and Kiel, 2011). Such an alignment leads to purposeful living and organizational success. Borba (2001) advocated for building moral habits of empathy, conscience, self-control, respect, kindness, tolerance, and fairness. …

Finchain: Adaptation Of Blockchain Technology In Finance And Business - An Ethical Analysis Of Applications, Challenges, Issues And Solutions, Naresh Kshetri, Keith Miller, Gaurango Banerjee, Bikesh Raj Upreti

International Journal of Emerging and Disruptive Innovation in Education : VISIONARIUM

Blockchain Technology is a distributed database technology that has emerged as a ground-breaking technology with several possible solutions to critical applications, say from supply chain management, agribusiness, marketing to healthcare industry including internet of medical things. Although it started as a digital coin (popularly known as bitcoin), it is slowly influencing business, marketing policy and society. We have presented an in-depth study and ethical analysis of how blockchain is applied over the economic and financial sector including banks, credit unions and other retail giants. During our research, we have also investigated how blockchain technology can affect financial institutions around the …

Dentistry And The Law: Did I Commit Fraud?, Dan Schulte Jd

The Journal of the Michigan Dental Association

The dentist is under audit by a dental plan due to issues with claims, but inattention or mistakes do not necessarily constitute fraud. For fraud to be established, specific conditions must be proven, including knowledge, intent, and damage to the dental plan. The burden of proof is high for criminal fraud, making it unlikely in this situation. The dentist's main concern should be a breach of their participation agreement and the need for better billing practices.

Self-Centered Vs. Humanity-Centered: The Most Critical Continuum For Choosing Today's Leadership, Hershey H. Friedman, Ngoc Cindy Pham

The Journal of Values-Based Leadership

There is a leadership continuum that ranges from extreme self-interest/narcissism to human-centered leadership. During these chaotic times, corporate boards must hire human-centered CEOs and understand that companies must focus on society's needs, not only profit if capitalism is to thrive. People want to work for companies with a soul and desire to purchase products – and even pay more- from firms that seek to improve the world. Maximizing shareholder value is as outdated as Taylor's theory of scientific management. America becomes stronger if corporate leaders work together to help everyone prosper, not just the top 1%. Everyone wins.

The Urgency And Strategic Role Of Maqasid Shari'ah And Maslahah In Responding To The Legal And Economic Challenges Of Muslim Business, Fadhli Suko Wiryanto

Journal Of Middle East and Islamic Studies

The study of maqashid shari'ah began to receive intensive attention after the Prophet's death, especially when the Companions were faced with new problems and social changes that had never occurred when the Prophet Muhammad was still alive. With the existence of social changes as a result of the demands of the times and the dynamics of society, thus demanding the creativity of the friends seriously to conduct a study of the maqashid shari'ah as an effort to make legal breakthroughs to anticipate social changes that occur. Maqashid shari'ah and maslahat have a very urgent and strategic role to be used …

A Tool-Kit For Ethics Self-Assessment (Esa), Anna Karmanska

Journal of Global Awareness

The primary objective of this article is to present the concept of the original tool Tool-Kit for Ethics Self-Assessment (ESA), which was created to strengthen ethical values important in human conduct not only in the area of business but also in other fields of human activities.

The text includes a reflection on the search for a universal set of ethical values, a presentation of the context important for undertaking the related initiatives following “An Appeal for a Global Ethics Framework & A Tool-Kit for Ethics Self-Assessment,” a general description of the process of creating and characterizing the …

The Bankruptcy Of Purdue Pharma In The Wake Of Big Tobacco, Jacob Hedgpeth

University of Colorado Law Review Forum

Two distinct public health crises shook the United States from 1954 to 2023: nicotine addiction from tobacco products, and opioid addiction starting with Purdue Pharmaceutical’s OxyContin. These crises resulted in millions of deaths and immense costs to the country as a whole. The nicotine crisis ended in a national settlement against four major tobacco manufacturers, which yielded hundreds of millions of dollars for those harmed by these products. The owners of Purdue, however, opted for bankruptcy instead of settlement, keeping the majority of the money made from OxyContin for Purdue’s owners, the Sackler family.

These four tobacco giants and Purdue …

Dissecting Sauan Sibarrung's Business Plan Credit Union, Selmita Paranoan, Made Sudarma, Roekhudin Roekhudin, Noval Adib

The Qualitative Report

This article aims to describe the accountability practiced in credit unions. This study examines formal and informal practices and underlying approaches to accountability to members. Design/methodology/approach, namely with an ethnomethodological approach, this study explores accountability of Credit Union in Indonesia, through interviews and observations with practitioners, management, government, and credit union members, as well as documentation analysis. The results of the study found that Credit Union Sauan Sibarrung prioritizes accountability to members through the actualization of the vision and mission, which is manifested concretely in the preparation of programs (business plans) in the form of mindset transformation through Education and …

On The State Of Academic Journals And The Value Of Jnams, Michael E. Dobbs

Journal of the North American Management Society

No abstract provided.