Business Commons^™

'Have We All Gone Bats?' - The Strict Protection Of Wildlife Under The Habitats Directive And Tourism Development: Some Lessons From Ireland, Marc Mcdonald

Articles

This article explores the impact of the legal protection of bats under EU wildilfe legislation on tourism development in Ireland.

Transitions Within The Ecosystem Of Change, Willie Cheng

Social Space

The ecosystem paradigm provides a framework to understand and influence the forces of change facing the nonprofit sector. In this extract from the forthcoming book, “The World That Changes The World: How philanthropy, entrepreneurship and innovation are transforming the social ecosystem,” Willie Cheng describes the social ecosystem framework, its change enablers and macro-trends.

Business Solutions To Global Challenges, Richard Welford

Social Space

Despite the prevalence of CSR initiatives in companies, there is a need to leverage on current practices to make them more effective and meaningful. Richard Welford looks at the advantages to such an approach.

Roads: Leading Indicators Show Ramp-Up In Activity, Shishir Mathur, Kunal Katara

Faculty Publications, Urban and Regional Planning

No abstract provided.

Ua94/6/5 Student / Alumni Personal Papers Wku Edgar Stansbury, Wku Archives

WKU Archives Collection Inventories

Records created by and about Edgar Stansbury.

Ua3/9 Strategic Guide For 2010-12 Wku, Western Kentucky University

Presidential Publications

No abstract provided.

Microfinance For Migrant Workers: Asia's Next New Market Opportunity?, Patsian Low

Social Space

Employment in developed countries is often the main source of income for many people at the bottom of the pyramid in developing countries and has led to the growth of an industry based on remittances. Patsian Low studies the ramifications this has for developing microfinance in host countries and the potential for cross-border collaboration in Singapore and Asia.

Discovering The Asian Form Of Corporate Social Responsibility, Bindu Sharma

Social Space

This article is part of an on-going research project that will look at the how corporate social responsibility (CSR) is being re-contextualised and re-defined in ten countries across Asia and how these perspectives contrast with the discourse of CSR in global (primarily Western) multinational corporations.

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.

Neo-Brandeisianism And The New Deal: Adolf A. Berle, Jr., William O. Douglas, And The Problem Of Corporate Finance In The 1930s, Jessica Wang

Seattle University Law Review

This essay revisits Adolf A. Berle, Jr. and The Modern Corporation and Private Property by focusing on the triangle of Berle, Louis D. Brandeis, and William O. Douglas in order to examine some of the underlying assumptions about law, economics, and the nature of modern society behind securities regulation and corporate finance in the 1930s. I explore Douglas and Berle’s academic and political relationship, the conceptual underpinnings of Brandeis, Berle, and Douglas’s critiques of modern finance, and the ways in which the two younger men—Berle and Douglas—ultimately departed from their role model, Brandeis.

Clean, Green, And Not So Mean: Can Business Save The World?, Andy Spackman, Celia Ross, Christy Donaldson, Louise Feldman, Patrick Griffis, Elizabeth Stephan, Laurie Bridges, Baseema Krkoska, Tony Lin, Mark Siciliano

Library Faculty Research

No matter how you define it, corporate social responsibility (CSR) is a hot topic. From community investing to business ethics to environmental sustainability and beyond, proponents of CSR view the business landscape through a lens that focuses less on profitability and more on the greater good.

“Doing well by doing good” is the business world’s new mantra. Concepts of CSR, green business, social entrepreneurship, and peace through commerce have become a focus of research and are inspiring the next generation of businesspeople. The 2010 BRASS Program gave attendees an expert’s view of certain niches within the broader realm of ethical …

Forming Ireland's Industrial Development Authority, Paul Donnelly

Books/Book Chapters

Tracing the creation and (re)production of Ireland’s Industrial Development Authority (IDA) through the lens of path dependence theory, the story charts the IDA’s creation within protectionism. In parallel with the gradual shift away from protection towards free trade, the story follows the IDA’s emergence as the state’s pre-eminent industrial development agency, its re-creation as a state-sponsored organisation and the growing political, institutional and monetary resources afforded it in return for delivery on objectives, largely in the shape of new job creation. However, the increasing reliance on foreign investment to meet targets, at the expense of indigenous industry, eventually surfaces as …

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 …

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.

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 …

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 …

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 …

The Birth Of Corporate Governance, Harwell Wells

Seattle University Law Review

Part I of this Article briefly examines the concept of “corporate governance” and argues for dating the concept’s origins to the debates of the 1920s. Part II then moves on to examine early scholarly and popular discussions of the separation of ownership and control. After surveying the historical developments that produced the recognizably modern corporate economy around the turn of the century, it examines early scholarly and popular discussions of the separation of ownership and control, focusing on three major thinkers, Louis D. Brandeis, Walter Lippmann, and Thorstein Veblen. It argues that, while each of these authors examined the separation …

Organizational Paths: History, Process And Ireland’S Industrial Development Authority, Paul Donnelly

Conference papers

Taking issue with the largely ahistorical and aprocessual character of much organizational theorizing, and following calls for ‘building path-oriented organization research on a rigorous path theory’ (Sydow, Schreyögg and Koch, 2005: 2), I argue for knowing the organizational as an ongoing process. Through the contributions of path dependence theory, and with Ireland’s Industrial Development Authority (IDA) as empirical focus, this paper will also seek to address: the historicity and evolution of the organizational; the role of initial, external conditions on the emergence and subsequent development of the organizational; the dynamics of path building and the development of path dependency; and …

Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., 7 Buff. Intell. Prop. L.J. 135 (2010), Raizel Liebler, Keidra Chaney

UIC Law Open Access Faculty Scholarship

The next wave of concern regarding Google involves web analytics. Web analytics is the measurement, collection, analysis, and reporting of Internet data for the purposes of understanding and optimizing web usage. The concerns of web analytics use touches on issues of online user privacy, government use of personal information, and information on website user activity. While Google Analytics is not the sole web analytics product on the market, it is widely used by corporate, non-profit, and government organizations. The product has been reported to have a 59% market share among web analytics vendors in a 2008 study.

Web analytics technology …

Towards A Center For Modeling And Simulation: The Case For Jordan, Ghaith Rabadi, Hazem Kaylani, Joseph Barjis (Ed.), Murali Mohan Narasipuram (Ed.), Ghaith Rabadi (Ed.), Jolita Ralyt (Ed.), Pierluigi Plebani (Ed.)

Engineering Management & Systems Engineering Faculty Publications

Modeling and Simulation (M&S) has recently become an important area that is pursued by many researchers and practitioners due to the role it plays in understanding complex systems and problems. We have therefore witnessed the establishment of many M&S organizations in the last two decades especially in the more developed world. Less developed countries are starting to recognize the need for such capability especially that the problems they face are not less complex. In this paper, we present a preliminary study towards a business plan for establishing a scientific center for Modeling, Analysis, Simulation and Animation in Jordan (JoSAMA) and …

Aircraft Leasing With Contracts, Qiong Zuo

Dissertations and Theses Collection (Open Access)

We study a problem of rental rate pricing and rental contract designing in aircraft leasing industry. In a framework of Stackelberg game, the system is composed of an airline company (carrier) and an aircraft leasing company (lessor). Acting as the leader, the lessor announces daily rental rates and/or provides long-term contracts on a finite horizon with multiple periods. For each period, the carrier determines the aircraft leasing number to adjust the flight capacity, and applies a dynamic pricing policy for air-tickets based on a seasonally stochastic demand and some economic factor, such as oil price. We find the optimal policies …

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 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 …

Are We There Yet? How To Know Whether Your Communications Are Effective, Edith Asibey, Justin Van Fleet, Toni Parras

The Foundation Review

· This article describes the results of a study on current knowledge and practices in evaluating foundation communications. The study consisted of three parts: an online survey of practitioners, a series of in-depth key informant interviews, and an extensive literature review.

· The study found that while most practitioners agree that evaluating communications is necessary to make decisions about their communication strategy, more than half did not regularly do so. Lack of experience or skills was the second top barrier cited, after lack of human/financial resources.

· Those who have more experience with evaluation were more likely to feel that …

Philanthropy: Are We A Profession? Should We Be?, Karl Stauber

The Foundation Review

· When philanthropy is assessed against seven standards for what constitutes a profession, it meets only 3 of them.

· Questions remain about the core concepts of the field, and how the field builds and disseminates knowledge.

· There is much discussion about “scientific philanthropy,” but the inability to answer these questions limits the field’s ability to function scientifically.

· Wisdom, rigor, and learning may be better approaches to philanthropy that a scientific approach.

Learning-Circle Partnerships And The Evaluation Of A Boundary-Crossing Leadership Initiative In Health, Claire Reinelt, Dianne Yamashiro-Omi, Deborah Meehan

The Foundation Review

· Leadership development approaches that are focused on individual knowledge and skill development do not suit the leadership needs of lowincome communities and communities of color in addressing the multiple factors that influence health disparities.

· Boundary-crossing leadership is rooted in a socialjustice perspective and seeks to address the isolation and fragmentation faced by those who are working to address systemic inequities.

· A multicultural approach to evaluation honors different ways of knowing, recognizes that groups have different learning questions, acknowledges and addresses power dynamics that exist between funders and grantees, and ensures that evaluation is culturally relevant and constructive …