Business Commons^™

Drawing A Line In The Sand: Copyright Law And New Museums, Megan M. Carpenter

Law Faculty Scholarship

Over the last twenty years, audience attendance at museums, galleries, and performing arts institutions in the United States has decreased dramatically. Major museums and galleries are considering ways to add engaging and meaningful value to the user experience with technology, from incorporating user-generated content to creating multimedia installations billed as “collaborative” works.

In 2010, the Dallas Museum of Art’s Coastlines: Images of Land and Sea exhibition featured landscapes from 1850 to the present, as well as a sound installation composed by students and faculty in the Arts and Technology program at the University of Texas at Dallas, which played on …

The Effect Of U.S. State Taxes On State Economic Prosperity, Casey Dainsberg

Political Science Theses and Capstones

Policy makers today are faced with trying to create solutions for economic troubles that become increasingly more complex and foreboding. Tax cuts and tax hikes are proposed and considered as possible solutions to various economic problems. However, the question still remains regarding which policies are most effective. The purpose of this research is to asses these competing claims. It seeks to find evidence that will shed light on one of these views. I have done this by accumulating tax and economic data from the fifty U.S. States between the years 2001-2009. Previous research has concluded that taxes do affect the …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Resetting U.S.-Turkish Relations: Charting A New Way Forward, Aaron Stein

Journal of Strategic Security

After nearly nine decades of benign neglect, Turkey has set about reestablishing its influence in the Middle East. Although most observers agree that the United States and Turkey share a number of overlapping goals in the Middle East, Turkey's recent rapprochement with Iran has drawn the ire of the United States. In tandem, Turkey's relations with Israel, Washington's closest ally in the region, have deteriorated rapidly following Israel's war in Gaza and the events aboard the Mavi Marmara. These coinciding events have further complicated U.S.-Turkish relations and have led a number of pundits in Washington to openly question Turkey's ideological …

The Financial Arm Of The Farc: A Threat Finance Perspective, Thomas R. Cook

Journal of Strategic Security

The FARC (Fuerzas Armadas Revolucionarias de Colombia or Revolutionary Armed Forces of Colombia) transformed from a traditional guerrilla group into a full-fledged insurgency because of its ability to effectively convert the proceeds derived from illegal narcotic trafficking into operational funds. Those financial capabilities allowed the FARC to challenge government authority in large swathes of the Colombian state. The FARC moved into the drug trade, initially controlling production territory and subsequently engaging in trafficking, which allowed the organization to increase its war-fighting capabilities. This paper only scratches the surface of the mechanism by which the FARC utilized its coca revenue in …

The Nuclear (And The) Holocaust: Israel, Iran, And The Shadows Of Auschwitz, Shmuel Nili

Journal of Strategic Security

The main thesis of this article is that the Holocaust is indispensable for understanding Israel’s treatment of what it perceives as the greatest current threat to its security - the Iranian nuclear program. The Holocaust’s impact deviates in crucial ways from established teaching regarding balance of power in general and nuclear deterrence in particular. Mutually Assured Destruction, the distinction between capabilities and intentions, and even linkage politics - all of those basic concepts are profoundly altered in the Israeli case by the (often conscious) presence of the Holocaust. The Holocaust’s influence is evident in the Israeli belief that deterring Iran …

Alternative Threat Methodology, Charles B. King Iii

Journal of Strategic Security

Of the many challenges facing risk analysis practitioners, perhaps the most difficult to overcome is in the field of terrorist threat analysis. When estimating the threat associated with naturally occurring events, historical data provides a great deal of insight into the frequency of those events. Threat associated with accidents applies many operations research tools to gauge future failure-rates (Failure Mode and Effects Analysis being perhaps the most widely known). However, estimating the probability of an individual's or group's attacking a specific (or even a generic) target is an element of risk analysis in which art and intuition are applied far …

New Start: The Contentious Road To Ratification, Elizabeth Zolotukhina

Journal of Strategic Security

Senate ratification of the New START treaty re-established effective bilateral inspection and monitoring of American and Russian nuclear holdings and has the potential to further enhance U.S.-Russian cooperation on key issues, including containing the Iranian nuclear program, and further reductions in the two countries' arsenals. Although the accord was widely heralded as a foreign policy success of the Obama administration, the contentious Senate ratification may impede future progress on arms control.

Book Reviews

Journal of Strategic Security

No abstract provided.

Government Policies Must Keep Business On Tight Rein, Paul Donnelly, John Hogan, Brendan O'Rourke

Articles

The unethical behaviour that helped create the economic and banking crisis has caught the attention of some parties.

The Modern American Entrepreneur: Characteristics, Formative Legislation, And Modern Education, Jeremy S. Office

Graduate Student Dissertations, Theses, Capstones, and Portfolios

This research began by exploring traits and characteristics of the American entrepreneur. It continued by offering a history of these individuals, focusing primarily on the history of laws and regulations which have both positively and adversely affected the practice of entrepreneurialism in the United States. Current laws that affect entrepreneurship, along with the current state of entrepreneurial education in business schools, are explored in depth. This study concludes that the current system of business regulations and entrepreneurial education are flawed and that their failings have produced generations of business students who are unable to reach their full potential. A brief …

Slides: Environmental Water In Australia, Chris Arnott

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Chris Arnott, Managing Director, Alluvium Consulting

30 slides

Slides: Adapting To Climate Change: Lessons Learnt From The Australian Water Experience, Will Fargher

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Will Fargher, National Water Commission, Australian Government

18 slides [4 have titles only and are missing images]

Chairmanship: The Effective Chair-Ceo Relationship: Insight From The Boardroom, Elise Walton

Ira M. Millstein Center for Global Markets and Corporate Ownership

This paper examines the role of the corporate Chair in the context of one of the most important relationships the Chair has – his or her relationship with the company’sCEO. To approach the topic, the Chairmen’s Forum sponsored a research effort to interview experienced Chairs,CEOs and stakeholders. After the Forum agreed on the project, a research plan was designed and approved by the sponsors. Key interview questions and interview candidates were reviewed and approved. The main areas of the interview included: background experience with the two roles; successful situations and what worked; challenges and what didn’t work; how a relationship …

Good Faith In Revlon-Land, Christopher M. Bruner

Scholarly Works

The Delaware Supreme Court has set a very high hurdle for plaintiffs challenging directors' good faith in the sale of a company. In Lyondell Chemical Company v. Ryan, the court held that unconflicted directors could be found to have breached the good faith component of their duty of loyalty in the transactional context only if they "knowingly and completely failed to undertake," and "utterly failed to attempt" to discharge their duties.

In this essay I argue that the Lyondell standard effectively imports into the transactional context the exacting standard previously applied in the oversight context — a move clearly aimed …

Nyc Budget Cuts: A Counter-Productive Method To Effective Government-Nonprofit Contracting Relationships?, Anna-Kay Sinclair

Wilson Center for Social Entrepreneurship

This study examines the relationship between New York City budget cuts and the expenditure of human service nonprofits specifically involved in the government contracting relationship. With a focus on the Department for the Aging (DFTA), I examine nonprofits that provide a variety of services to the aging population on behalf of the DFTA. Correlations and regressions are presented examining the relationship between DFTA budget and nonprofit spending. The results of my analysis do not indicate a positive relationship between these two variables.

Ethical Issues In Business And The Lawyer's Role, Robert J. Rhee, Carol Morgan, Tamar Frankel, Mark Fagan

Faculty Scholarship

No abstract provided.

Restoring Transparency To Automated Authority, Frank Pasquale

Faculty Scholarship

Leading finance, health care, and internet firms shroud key operations in secrecy. Our markets, research, and life online are increasingly mediated by institutions that suffer serious transparency deficits. When a private entity grows important enough, it should be subject to transparency requirements that reflect its centrality. The increasing intertwining of governmental, business, and academic entities should provide some leverage for public-spirited appropriators and policymakers to insist on more general openness.

However well an "invisible hand" coordinates economic activity generally, markets depend on reliable information about the practices of core firms that finance, rank, and rate entities in the rest of …

Santa Clara Magazine, Volume 52, Number 3, Winter 2010, Santa Clara University

Santa Clara Magazine

14 - GOOD LIT By Alicia K. Gonzales '09 and Steven Boyd Saum. It's time to light 10 candles on the birthday cake for SCU's California Legacy Series. To date: 43 books, 500 radio broadcasts, and a handful of movies. What's next? Something big.

16 - SHAPING THE FUTURE by Adolfo Nicolas, S.J. What can Jesuit universities do-together-to make the world a more humane, just, and sustainable place? It starts with imagination, an unequaled global network, and a conference in Mexico City- where Jesuit Superior General Adolfo Nicolas takes stock of challenges to Jesuit higher education today.

24 - A …

International Comparisons Of Bank Regulation, Liberalization, And Banking Crises, Puspa Amri, Apanard P. Angkinand, Clas Wihlborg

Business Faculty Articles and Research

Purpose: The recurrence of banking crises throughout the 1980s and 1990s, and in the more recent 2008-09 global financial crisis, has led to an expanding empirical literature on crisis explanation and prediction. This paper provides an analytical review of proxies for and important determinants of banking crises − credit growth, financial liberalization, bank regulation and supervision.

Design/Methodology/Approach: The study surveys the banking crisis literature by comparing proxies for and measures of banking crises and policy-related variables in the literature. Advantages and disadvantages of different proxies are discussed.

Findings: Disagreements about determinants of banking crises are in part …

Antitrust, Governance, And Postseason College Football, Michael Mccann

Law Faculty Scholarship

This Article examines the compatibility of the Bowl Championship Series (“BCS”) with federal antitrust law and the appropriateness of the federal government using its formal and informal powers to encourage a new format for postseason college football. The Article begins by examining the legality of the BCS under Sections 1 and 2 of the Sherman Antitrust Act. It then discusses the appropriateness of government actors concerning themselves with, and expending taxpayer dollars on, the scheduling of college football games. The Article concludes by offering possible changes to the scheduling structure of postseason college football, with an emphasis on voluntary, efficiency-promoting …

Will Work': The Role Of Intellectual Property In Transitional Economies -- From Coal To Content, Megan M. Carpenter

Law Faculty Scholarship

The development and exploitation of intellectual property, and participation in the global information economy, are not dependent upon geography. It can take place from anywhere, from the inside of an empty factory in Detroit, to a small country road, nestled between the rhododendron and the river. From the R&D lab at a university, to a barren plain in New Mexico. To move from coal to content, we must foster a dynamic and profitable environment for entrepreneurship, through a supportive and robust university community, through state legislation and institutional support and through effective utilization of intellectual property laws. Intellectual property and …

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …

Santa Clara Magazine, Volume 53 Number 1, Summer 2011, Santa Clara University

Santa Clara Magazine

18 - WHAT DO INVESTORS REALLY WANT? By Meir Statman. A renowned behavioral finance expert reveals how our desires shape our actions when it comes to investing. (Hint: It's not just money that we're after.)

20 - LAW AT 100. A century of legal education at SCU. See snapshots from across the years-and look at the big picture of how the legal landscape has changed

22 - THE BIG IDEA!: Michael S. Malone '75, MBA '77 on Silicon Valley high tech gold and a brief history of intellectual property law.

24 - WOMEN'S WORK: Stephanie M. Wildman on jobs, the …

Santa Clara Magazine, Volume 53 Number 2, Fall 2011, Santa Clara University

Santa Clara Magazine

18 - CHANGE THE WORLD. OR AT LEAST HOW YOU SEE IT. Edited by John Deever and Steven Boyd Saum. The U.S. Peace Corps turned 50 this year, with more than 340 Santa Clara grads (and faculty and staff) having served as volunteers over the years. A few of them recount their time in-country-and where it's taken them.

26 - HOW CAN YOU DEFEND THOSE PEOPLE? by Steven Boyd Saum. Public defenders on the Homicide Task Force in Chicago have heard that question time and again. Between them, Robert Strunck '76 and Crystal Marchigiani '78 have some 40 years on …

An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker

South Carolina Journal of International Law and Business

No abstract provided.

Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec

South Carolina Journal of International Law and Business

No abstract provided.

Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.

South Carolina Journal of International Law and Business

No abstract provided.

Beyond Economic Substance: Interrogating The Full Impacts Of Third-Party Relationships In Tax Shelter Cases, Shu-Yi Oei

Faculty Scholarship

The evaluation of relationships between actors is an important preoccupation across many areas of law. The degree of respect accorded a relationship can give rise to significant legal consequences. No less so in tax law. Relationships between taxpayers and other parties are critical in triggering the realization events necessary to generate favorable tax consequences. And, where tax law refuses to respect such relationships, adverse tax consequences follow. This article analyzes the effects of relationality in tax shelter transactions. First, it discusses the importance of relationship evaluation in traditional assessments of whether a tax transaction has, “substance,” highlighting challenges faced by …

Eastern Michigan University Undergraduate Catalog, 2011-2012, Office Of The Registrar

Undergraduate Catalogs

No abstract provided.