Business Commons^™

Administration Without Borders, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

To thrive in 2020, we must conceive of the field of public administration in the broadest possible terms. Phenomena that typically have been treated peripherally in our literature are emerging center stage in recent years, confirming that the “old” boundaries of our discipline do not reflect contemporary reality. After reviewing three key developments—the rise of mixed and nongovernmental institutions in public policy, the increasing importance of market mechanisms, and the assertion of meaningful global regulation—an argument is made for a broader reconception of “publicness” that goes hand in hand with the embrace of governance in lieu of administration.

Recent Legislation To Promote Wind Energy In Nebraska, Ryan Lemke

Department of Environmental Studies: Undergraduate Student Theses

Nebraska is currently ranked 4th in the nation for wind energy potential, but ranks low in actual wind power production. The lack of wind energy production could be the result of Nebraska’s unique public power districts that have eminent domain of distribution and retail sales of electricity in the State. Public Power districts are prohibited from receiving benefits of state and federal tax incentives for the development of wind farms, however some Nebraska power districts still pursue wind energy as a renewable source of energy.

Recent legislation changes, including the passing of laws LB629 and LB1048, have provided the State …

The Intermountain West Today: A Regional Survey, Ruy Teixeira, Karlyn Bowman

Brookings Mountain West Publications

What does it mean to live in the Intermountain West today? What issues are most and least important to the region’s residents? Do Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah have a collective identity or are state-level differences too great? Is there an identifiable Intermountain West personality? Today we will present the results of a unique survey that attempts to answer these questions.

Unlv / Brookings West: Intermountain West Region Regional Survey, University Of Nevada Las Vegas, Brookings Institute

Brookings Mountain West Publications

The 2010 Intermountain West Public Opinion Survey documents responses from 2,000 residents of the Intermountain West (Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah). Gerstein | Agne Strategic Communications conducted the survey from August 23 – September 1, 2010. A minimum of 250 respondents for each state are included in the results for this survey. Respondents included 1,700 landline interviews and 300 cell phone interviews. Gerstein | Agne Strategic Communications provides strategic planning, communications, project management, and research services to a wide range of non-profit organizations, Fortune 500 companies, and candidates for elected office.

The survey includes an extensive series …

The New Financial Deal: Understanding The Dodd-Frank Act And Its (Unintended) Consequences, David A. Skeel Jr.

All Faculty Scholarship

Contrary to rumors that the Dodd-Frank Act is an incoherent mess, its 2,319 pages have two very clear objectives: limiting the risk of the shadow banking system by more carefully regulating derivatives and large financial institutions; and limiting the damage caused by a financial institution’s failure. The new legislation also has a theme: government partnership with the largest Wall Street banks. The vision emerged almost by accident from the Bear Stearns and AIG bailouts of 2008 and the commandeering of the bankruptcy process to rescue Chrysler and GM in 2009. Its implications for derivatives regulation could prove beneficial: Dodd-Frank will …

Envisioning Nevada’S Future: Goals & Strategies For Advancing Our Quality Of Life, Nevada Vision Stakeholder Group, Moody’S Analytics

Brookings Mountain West Publications

Nevada’s severe downturn has brought to light many of the long-term challenges facing the state. Not only is its economy subject to painful swings, but Nevada’s primary drivers— consumer services (primarily gaming, hospitality and housing) and resource extraction—will provide less support than they have in past business cycles. Less economic vitality will make it harder to offer Nevadans the quality of life they expect.

The importance of the economy to quality of life is equally clear—quality of life is a hollow promise without a healthy and supportive economy. Similarly, a proper fiscal structure—both in terms of spending and revenues—is critical …

Export West: How Mountain West Metros Can Lead National Export Growth And Boost Competitiveness, Mark Muro, Emilia Instrate, Jonathan Rothwell

Brookings Mountain West Publications

In the beginning of 2010, with U.S. output growth modest and job growth nonexistent, President Obama devoted a portion of his State of the Union Address to “fi xing the problems that are hampering our growth.” One of these problems, according to the president, was a lack of international export sales. The president linked an increase in exports to an increase in jobs, and pledged to double the nation’s exports over the next five years.2 Since then, export growth has emerged as a key tenet of numerous economic visions including those of the Metropolitan Policy Program at the Brookings Institution …

Reforming China's State-Owned Farms: State Farms In Agrarian Transition, Qian Forrest Zhang

Research Collection School of Social Sciences

China’s 2000 strong state-owned farms are experiencing a dual transition in the country’s economic reforms: the market transition (from state-owned enterprises embedded in the redistributive system to independent enterprises in the new market economy) and agrarian transition (from small-scale, household-based agriculture to large-scale, capitalist forms of agriculture that rely on market exchanges of land, labor and products). This paper highlights the results of a comparative analysis of the state farms and rural farming households in the agrarian transition to address the theoretical debate about agrarian transition. Using field research data from state farms in HeilongJIANG Province and drawing extensively from …

Patent Examination Policy And The Social Costs Of Examiner Allowance And Rejection Errors, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.

The Optimal Degree Of Reciprocity In Tariff Reduction, Pao Li Chang

Research Collection School Of Economics

This article clari.es the roles played by trade policy, in contrast with iceberg transport cost, in the popular setting of Melitz (2003), and characterizes the optimal reciprocal trade policy in such a setting. I show that import tariffs and iceberg transport cost are not equivalent in the strength of their trade-restricting e¤ects and their welfare implications. With all the con.icting effectsof import tari¤s on welfare considered, the optimal degree of reciprocity in multilateral tari¤ reduction turns out to be free trade.

Re-Theorizing The Informal Economy In Western Nations: Some Lessons From Rural England, Colin C. Williams

Colin C Williams

No abstract provided.

Evaluating Strategies To Create Successful Business Incubators In Massachusetts Gateway Cities, Sonya C. Smith

Masters Theses 1911 - February 2014

This thesis evaluates economic development, planning, public policy, and business strategies to create successful business incubators in Massachusetts’ post-industrial cities. These post-industrial cities in Massachusetts are dubbed “Gateway Cities” because they were once the economic engines of the region as well as areas of entry for many foreign-born residences to live and work. These cities have been recently plagued by high unemployment, poverty, and low business investment as many businesses, especially manufacturing, have located elsewhere. Legislation and policies involving redistribution of wealth to these Gateway Cities has recently been enacted to strengthen these communities. Although there currently isn’t a cohesive …

Adjustment Costs, Errors In Risk Weights, And Banks' Balance Sheets: The 1988 Basel Accord Revisited, Kevin T. Jacques, Elva Coadari, John Thornton

Kevin T Jacques

In the context of a profit-maximization model that recognizes both non-homogeneous adjustment costs and errors in risk weights, this paper examines the question of why different banks exhibited different responses to implementation of the 1988 Accord.

Procyclicality, Bank Lending, And The Macroeconomic Implications Of A Revised Basel Accord, Kevin T. Jacques

Kevin T Jacques

No abstract provided.

Assuming The Risk: Tort Law, Policy, And Politics On The Slippery Slopes, Eric Feldman, Alison I. Stein

All Faculty Scholarship

Prominent jurists and legal scholars have long been critical of the doctrine of the assumption of risk, arguing that it is logically flawed and has sown confusion in the courts. This article takes a fresh look at the assumption of risk by focusing on legal conflicts over ski accidents in three ski-intensive states—Vermont, Colorado, and California. It argues that the tort doctrine of the assumption of risk remains vital, and highlights the way in which powerful political and economic actors with links to the ski industry have lobbied aggressively for state laws that codify the assumption of risk. The result …

Then And Now: Professor Berle And The Unpredictable Shareholder, Jennifer G. Hill

Seattle University Law Review

Shareholders, and the relationship between shareholders and management, lay at the heart of Professor Berle’s scholarship. The goal of this Article is to compare the image of shareholders emerging from The Modern Corporation and Private Property and the Berle/Dodd debate with a range of contemporary visions of the shareholder that underpin some international regulatory responses to recent financial debacles, from Enron to the current global financial crisis. As the Article dis- cusses, these recent developments in the era of financial crises have prompted a reevaluation of the traditional image of the shareholder—and the role of the shareholder in the modern …

Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter

Seattle University Law Review

Readers game enough to work through all three hundred pages of The Modern Corporation and Private Property looking for insights on corporate law today encounter two, apparently contradictory, lines of thought. One line, set out in Books II and III, resonates comfortably with today’s shareholder-centered corporate legal theory. Here the book teaches that even as ownership and control have separated, managers should function as trustees for the shareholders and so should exercise their wide-ranging powers for the shareholders’ benefit. The other line of thought emerges in Books I and IV, where The Modern Corporation encases this shareholder trust model in …

See No Evil? Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle’S Contribution To Contemporary Conversations, Erika George

Seattle University Law Review

Much corporate legal scholarship considers such fact patterns as beyond the scope of the discipline’s core concerns. Yet, increasingly, questions are asked concerning the scale and scope of modern corporate power. This Article will challenge the conventional understanding of what the core discipline of corporate law should encompass and argues that the failure to focus on precisely these sorts of factual scenarios involving allegations of corporate complicity in human rights violations and environmental degradation is misguided and short-sighted.

Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao

Seattle University Law Review

We are in a time when the notion of property is in flux. The derivatives revolution has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means. This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more.

Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii

Seattle University Law Review

In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we shall see, however, the claim that AT&T was a leading example of the separation of ownership from management is incomplete. More importantly, the common interpretation of Berle and Means’ work is mistaken, placing the emphasis incorrectly on the number of shareholders and reading …

A Study Of The Effect Of Economic Policies On The Domestic Film Market, Gyeoreh Lee

MPA/MPP/MPFM Capstone Projects

These days, the U.S. films’ market share in the world is almost 70 percent and many countries have devised various means, including import quota, screen quota, subsidy, and tax concessions to protect the domestic film industry by preserving local film’s market share against U.S. film domination. Retaining these policies has important symbolic reasons because market share of the domestic film is related to preserving each country’s cultural sovereignty. However, the effectiveness of the economic policies is murky. If the policies do not bring any advantageous effect to the domestic film industry, there is no rational justification for sticking with them. …

Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley

Seattle University Law Review

On the weekend of November 6–8, 2009, scholars from around the world gathered in Seattle for a symposium—In Berle’s Footsteps—celebrating the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. As founding director of the Berle Center, I described our undertaking: “It is with a profound sense of obligation to the legacy that has been entrusted to my care, that I announce the launching of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. It is a privilege to follow in Berle’s footsteps.”

Opening Remarks, Chancellor William B. Chandler Iii

Seattle University Law Review

Law is, in many ways, a backwards-looking field. We litigate over facts that have already occurred, challenge deals that have already been signed, and apply rules of decision based on previously-established precedent or statutes already enacted. To the extent that this Center and the symposium reflect on Berle’s work, they too are an exercise in looking back. Indeed, some might say the establishment of a Center named in Berle’s honor is a monument to the past.

Revisiting Berle And Rethinking The Corporate Structure, Kelli A. Alces

Seattle University Law Review

Adolf Berle and Gardiner Means painted what remains a defining portrait of corporate law. The separation of ownership and control they described and the agency costs it causes are still a central concern of the law of corporate governance. For that reason, Berle’s work is relevant nearly eighty years after its publication. Seemingly forgotten, however, is that Berle’s enduring description of the corporate structure was published before most of today’s corporate law was in place. His work preceded the Securities Act of 1933 and the Securities Exchange Act of 1934 and even preceded the dominance of Delaware common law in …

Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda

Seattle University Law Review

Berle and Means’s analysis of the corporation—in particular, their view that those in control are not the owners of the corporation—raises questions about actions that corporations take to counter concerns regarding management’s influence. What mechanisms, if any, do corporations implement to balance the distribution of power in the corporation? To address this question, we analyze boards of directors’ propensity to voluntarily adopt recommended corporate governance practices. Because board independence is one way to enhance shareholders’ ability to monitor management, we probe whether firms with independent boards of directors (which we define as boards with either an independent chair or a …

Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch

Seattle University Law Review

The Modern Corporation & Private Property is a paradigm-shifting analysis of the modern corporation. The book is perhaps best known for the insights of Berle and Means about the separation of ownership from control and the consequences of that separation for the allocation of power within the corporation. The Berle and Means story focuses on the shareholder as the owner of the corporation. Berle and Means saw the mechanism of centralized management—in which the shareholder retains the economic interest but not the control rights associated with ownership—as threatening the conception of shareholder interests in terms of property rights. In particular, …

The New Financial Assets: Separating Ownership From Control, Tamar Frankel

Seattle University Law Review

In The Modern Corporation and Private Property, Adolf A. Berle and Gardiner Means wrote about the separation of ownership from control in corporations. They noted that the interests of the controlling directors and managers can diverge from those of the shareholder owners of the firm. . . . There are those who consider such a decoupling beneficial. Others express the same concern that Berle and Means have expressed. And depending on what one focuses on in viewing the pluses and minuses of these separations, one could reach different conclusions. I reach a number of conclusions. First, the separation of …

The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman

Seattle University Law Review

Classic works, Mark Mizruchi and Lisa Fein argued, share a particular fate. Authors often cite classic works without reading them—or without reading them carefully. . . . Yet perhaps no single work fits the above description better than one of the most important books on the large corporation ever published: Adolf Berle and Gardiner Means’s The Modern Corporation and Private Property. One can speculate that few works in the social sciences have been as often cited and as little read. As a consequence, we would expect The Modern Corporation to be a good candidate for either selective interpretation or …

Corporate Power In The Public Eye: Reassessing The Implications Of Berle’S Public Consensus Theory, Marc T. Moore, Antoine Rebérioux

Seattle University Law Review

We analyze Berle’s overall corporate governance project in accordance with what we see as its four core sub-themes: (A) the limitations of external market forces as a constraint on managerial decision-making power; (B) the desirability of internal (corporate) over external (market) actors in allocating corporate capital; (C) civil society and the public consensus as a continuous informal check on managerial decision-making power; and (D) shareholder democracy (as opposed to shareholder primacy or shareholder wealth maximization) as a socially instrumental institution. We seek to debunk the popular misconception that Berle’s early work was a defense of the orthodox shareholder primacy paradigm …

Berle And The Entrepreneur, Charles R.T. O'Kelley

Seattle University Law Review

In the first and last four chapters (“the Five Chapters”) of The Modern Corporation and Private Property, Adolf Berle, Jr. describes in sweeping terms a fundamental transformation of the American economy. . . . Writing more than ten years before Berle, another seminal scholar, Frank Knight . . . developed a theory of the entrepreneur as part of his larger effort to more carefully explain the theoretical underpinnings of a free-market economy. . . . Given Knight’s prominence and the fact that Knight apparently reached dramatically different conclusions than did Berle concerning the consequences flowing from separation of ownership …