Business Commons^™

Conceptions Of Corporate Purpose In Post-Crisis Financial Firms, Christopher M. Bruner

Scholarly Works

American "populism" has had a major impact on the development of U.S. corporate governance throughout its history. Specifically, appeals to the perceived interests of average working people have exerted enormous social and political influence over prevailing conceptions of corporate purpose - the aims toward which society expects corporate decision-making to be directed. This article assesses the impact of American populism upon prevailing conceptions of corporate purpose - contrasting its unique expression in the context of financial firms with that arising in other contexts - and then examines its impact upon corporategovernance reforms enacted in the wake of the financial and …

Journey Of A Peace Journalist, Robert Koehler

Center for the Study of Ethics in Society Papers

Presented October 15, 2012. 2012 Winnie Veenstra Peace Lecture.

Will The Construction Contracts Bill Improve Subcontractor Cash Flow?, Tony Cunningham

Other Resources

Cash-flow is very important to any construction business and its effective management is a key function of quantity surveyors, particularly those working in the contracting sector. Successful cash-flow management is challenging at the best of times, but takes on a heightened importance in times of economic difficulty. Irish contractors and, in particular, subcontractors are currently experiencing unprecedented financial difficulties in the wake of the banking and property market collapse. In an attempt to alleviate these difficulties and improve cash flow within the Industry, Senator Feargal Quinn introduced The Construction Contracts Bill 2010, (The Bill) in the Seanad. This study investigates …

The Potential Cost And Value Of Erm, Michelle M. Harner

Faculty Scholarship

The concept of enterprise risk managment (ERM) as a holistic approach to managing a company's risk profile has tremendous appeal. However, companies are frequently skeptical about its value and whether the results will justify the cost, effort, and challenges of implementing a meaningful ERM process. This report considers some of those concerns and highlights the governance, compliance, and cultural value of ERM.

The Santa Clara, 2013-02-28, Santa Clara University

The Santa Clara

No abstract provided.

The Santa Clara, 2013-02-21, Santa Clara University

The Santa Clara

No abstract provided.

Ohio Sb5 And The Attempt To “Yeshiva” Public University Faculty, Mary Ellen Benedict, Louis M. Benedict

Journal of Collective Bargaining in the Academy

In 2011, the introduction of Ohio Senate Bill 5 (SB5) attempted to drastically curtail public sector collective bargaining in Ohio. The bill included a proposed amendment designed by the Inter-University Council of Ohio, an organization of the top administrators of the state universities in Ohio, under the guise of applying the United States Supreme Court’s decision in NLRB v. Yeshiva to faculty at Ohio’s public universities. The avowed intent of the proposed language was to classify all faculty as supervisors or managers and thereby make them ineligible to bargain collectively. After mounting opposition and grass roots efforts, SB5 was ultimately …

The Santa Clara, 2013-02-14, Santa Clara University

The Santa Clara

No abstract provided.

The Santa Clara, 2013-02-07, Santa Clara University

The Santa Clara

No abstract provided.

Land Grabs Still Plague Myanmar And Cambodia, Mahdev Mohan, Vani Sathisan

2008 Asian Business & Rule of Law initiative

No abstract provided.

The Santa Clara, 2013-01-31, Santa Clara University

The Santa Clara

No abstract provided.

The Santa Clara, 2013-01-24, Santa Clara University

The Santa Clara

No abstract provided.

The Santa Clara, 2013-01-17, Santa Clara University

The Santa Clara

No abstract provided.

The Santa Clara, 2013-01-10, Santa Clara University

The Santa Clara

No abstract provided.

Intellectual Capital Disclosure And The Ipo Prospectus: An Exploratory Study, Keith Harman

Faculty Publications and Presentations

ICD (Intellectual Capital Disclosure) was studied via content analysis of IPO (Initial Public Offering) filings by retailers versus software companies. Data were obtained from 106 firms’ SEC S-1 filings between 2001 and 2011. Key findings were: (1) ICD increased over time, (2) significant differences in the type of IC disclosed, (3) Structural Capital was the type of IC most frequently disclosed, (4) consistency among firms regarding the frequency with which specific IC components (e.g. brands) were disclosed, and (5) no significant difference in ICD when comparing retailers and software companies.

Transnational Business Governance Interaction And Competition Between Standard-Setting Initiatives: Labor Standards In Garment, Toys And Agriculture, Nicole Helmerich, Christopher Kaan

Transnational Business Governance Interactions Working Papers

This paper analyzes interactions within standard-setting networks in the area of social and labor rights. We examine the shape of transnational business governance interactions (TBGI), pathways, and interaction mechanisms in three sectors: garments, toys and agriculture. Our comparative analysis of each of these sectors reveals meaningful differences in both the organization of regulation networks and the resulting level of competition among participants. Overall, we find that the creation of a more inclusive and more coherent standard in a whole business sector comes with the cost of weaker rules and less monitoring. These industry-specific observations provide a springboard for future studies …

Public-Private Regime Interactions In Global Food Safety Governance, Ching-Fu Lin

Transnational Business Governance Interactions Working Papers

In response to an apparent decline in global food safety, numerous public and private regulatory initiatives have emerged to restore public confidence. This trend has been particularly marked by the growing influence of private regulators such as multinational food companies, supermarket chains and non-governmental organizations (NGOs), who employ private standards, certification protocols, third-party auditing, and transnational contracting practices. This paper explores how the structure and processes of private food safety governance interact with traditional public governance regimes, focusing on Global Good Agricultural Practices (GlobalGAP) as a primary example of the former. Due to the inefficiency and ineffectiveness of public regulation …

Private Governance, Public Implications And The Tightrope Of Regulatory Reform: The Isda Credit Derivatives Determinations Committees, John Biggins, Colin Scott

Transnational Business Governance Interactions Working Papers

Regulatory relationships in financial markets exemplify the importance and changing nature of transnational business governance interactions (TBGI). These interactions involve reciprocal forces of influence between private and public regulators. This paper examines one key case of private governance in financial markets: the emergence, structures and decision-making of Credit Derivatives Determinations Committees (DCs) of the International Swaps and Derivatives Association (ISDA). The paper highlights the mechanisms or 'pathways' of interaction between ISDA, governments, courts and public regulators. Interactions between state and non-state actors are shown to occur in both operational and policy spheres. ISDA is found to be a particularly resilient …

A System Of Transnational Business Interactions: The Case Of The Living Wage, David J. Doorey

Transnational Business Governance Interactions Working Papers

The subject of transnational business governance (TBG) interactions is an emerging field of study. These interactions are complex, involving multiple public and private actors crossing vast geopolitical spaces, with sometimes shared, but often conflicting interests. This complexity makes TBG interactions both an exciting new field of inquiry for scholars, but also an extremely challenging one. In these early days of theory development, it is useful to engage in a mapping exercise that will help scholars identify and test the relationships between the many inputs and outputs of TBG interactions. This new systems framework is demonstrated by reference to the complex …

Specialization In Law And Business: A Proposal For A J.D./"Mbl" Curriculum, Robert J. Rhee

Faculty Scholarship

This paper provides the specific details of how an interdisciplinary program of law and business can be structured in a three-year J.D. program. The program envisioned is a J.D./”M.B.L.”, which is distinguished from the better known J.D./M.B.A. The “M.B.L.” stands for “masters of business law,” which is simply an idea tag. The moniker can represent a program conferring a supplemental degree in law and business, or simply a specialized course of study to complete a J.D. Either way, the program is an interdisciplinary program of concentrated study in core transaction-oriented law courses and core business courses. The most effective education …

The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee

Faculty Scholarship

This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs, …

Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee

Faculty Scholarship

This discussion presents different ideas on how to teach accounting and practical finance to law students.

Universal Service: Competition, Interconnection And Monopoly In The Making Of The American Telephone System, Milton Mueller

Books

This book, based on years of archival research at the AT&T/Bell Labs in the aftermath of the divestiture, was originally published in 1997 as part of the MIT Press/AEI Series on Telecommunications Regulation. Acclaimed by reviewers such as Lawrence Lessig as “extraordinary” and “a crisply written mix of history and clear theory,” the small press run was sold out by 2002. Nevertheless, every year I encountered people who asked where they could get copies. The AEI series had long come to an end, its funds gone and its editorial team disbanded, making a new press run all but impossible.

It …

Santa Clara Magazine, Volume 54 Number 3, Winter 2013, Santa Clara University

Santa Clara Magazine

16 - TO CATCH A THIEF by Vince Beiser. Mathematician George Mohler has helped equip police in Santa Cruz and L.A. with an algorithm that predicts where crimes might happen next. Is this the future of policing?

22 - HOW TO PREVENT A BONFIRE OF THE HUMANITIES by Michael S. Malone '75, MBA '77. A veteran chronicler of Silicon Valley looks at why the high-tech industry needs-and wants-folks who know how to tell a story.

26 - A POEM, A PRAYER, AND A MARTINI FOR THE RHINO Two conversations with Chancellor William J. Rewak, S.J.-who's just published his first collection …

Affixing The Service Mark: Reconsidering The Rise Of An Oxymoron, Peter J. Karol

Law Faculty Scholarship

This article explores the deep and to date unacknowledged contradictions underlying service marks (trademarks used in connection with services rather than goods). Namely, the Lanham Act statutorily mandates treating trademarks the “same” as service marks; yet it simultaneously loosens requirements for proving service mark “use” by allowing mere advertising to substantiate service mark rights. This shortcut is not permitted with trademarks as such. As a result of this imbalance, sophisticated trademark practitioners may now quickly secure vast service mark rights for clients in ways not available for trademarks.

To better understand current service mark practice, and the above contradictions, the …

Hey, He Stole My Copyright: Putting Theft On Trial In The Tenenbaum Copyright Case, Peter J. Karol

Law Faculty Scholarship

This article approaches the well-publicized Joel Tenenbaum copyright case through an analysis of its highly-charged trial rhetoric. In particular, it argues that the case as tried was not really about Joel Tenenbaum or his actions. Rather, the trial was about whether, and to what extent, peer-to-peer (“P2P”) file sharing is “theft,” and the P2P sharer a “thief.” So approached, the case provides a captivating, perhaps unique, academic case study on the power of theft rhetoric in a copyright trial as advanced before a jury.

It first introduces the Tenenbaum litigation generally, and its place in the recording companies’ broad attack …

Safe Harbor For The Innocent Infringer In The Digital Age, Tonya M. Evans

Law Faculty Scholarship

The primary goal of this Article is three-fold: (1) to explore the role of the innocent infringer archetype historically and in the digital age; (2) to highlight the tension between customary and generally accepted online uses and copyright law that compromise efficient use of technology and progress of the digital technologies, the Internet, and society at large; and (3) to offer a legislative fix in the form of safe harbor for direct innocent infringers. Such an exemption seems not only more efficient but also more just in the online environment where unwitting infringement for the average copyright consumer is far …

Santa Clara Magazine, Volume 55 Number 1, Fall 2013, Santa Clara University

Santa Clara Magazine

6 - ONE IN A MILLION By Michael E. Engh, S.J. A note of thanks from the president to SCU alumni. For the Leavey Challenge, you came through in record numbers to secure a $1 million challenge grant for the University.

20 - GOOD LIGHT: A PHOTO RETROSPECTIVE with Charles Barry. For a quarter century he has told Santa Clara's stories in photographs. Here are a few.

26 - YES, BUT IS IT THE RIGHT THING TO DO? By Sam Scott '96. From business to government to college campuses, it's not always a question that gets asked. But here's how …

Research Week 2013, Linda Gardiner

Office of Research Institutional Research and Scholarship

No abstract provided.

Santa Clara Magazine, Volume 54 Number 4, Spring/Summer 2013, Santa Clara University

Santa Clara Magazine

12 - KEEP THE DOOR OPEN By Jeff Zorn. For teaching and advising and a ministry that's blessed this place for 48 years-a colleague pays tribute to Charles Phipps, S.J.

16 - IN THIS TOGETHER By Mitch FINLEY '73. For folks retired but not at rest, Companions in Ignatian Service and Spirituality offers a way to do and be more.

18 - WALK ACROSS CALIFORNIA By Jesse Hamlin-with images by Robert Boscacci '14, Frederic Larson, and Edward Rooks. An epic journey in which one foot is put in front of the other to discover, up close and personal, who and …