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Full-Text Articles in Business

Why Students Select Their College Major: An Investigative Study, Kate N. Matthews, Diane R. Edmondson, Lucy Matthews Jan 2024

Why Students Select Their College Major: An Investigative Study, Kate N. Matthews, Diane R. Edmondson, Lucy Matthews

Atlantic Marketing Journal

With the decline in the number of traditional college-aged students, understanding the degree selection process is important for departments, colleges, and universities alike. For students, selecting the proper major early is also beneficial since it reduces time in school and tuition costs. Therefore, a better understanding of the degree selection process is worthwhile. Survey data was collected from 1,177 undergraduates at a southeastern U.S. university. Survey questions included major selection influences and other attitude and demographic items. The highest ranked reason is interest and passion followed by fit with personality type. This was similar for students who changed majors. External …


The Body Positivity Movement: Improving Female College Students Mental Health And Body Appreciation, Emilie Conners, Lucy Matthews, Diane R. Edmondson Jan 2024

The Body Positivity Movement: Improving Female College Students Mental Health And Body Appreciation, Emilie Conners, Lucy Matthews, Diane R. Edmondson

Atlantic Marketing Journal

Body image concerns among college-aged women continue to be an immense issue across many college campuses. As technology advances, it has become more common for young girls and women to edit their social media photos and focus more on their flaws. Body image has a significant impact on mental and physical health; therefore, it is vital that these concerns are addressed and fought. One movement recently used as a possible way to combat this concern is the body positivity movement. However, more research is needed to understand the impact of this movement on young women. Survey data was collected via …


The Black Lives Matter Movement: A Systemic Crisis That Expands Crisis Response Theory, Pam Richardson-Greenfield, Alyssa Reynolds, Ryan Cruz, Monique Bell Jan 2024

The Black Lives Matter Movement: A Systemic Crisis That Expands Crisis Response Theory, Pam Richardson-Greenfield, Alyssa Reynolds, Ryan Cruz, Monique Bell

Atlantic Marketing Journal

Relevance to Marketing Educators, Researchers, and/or Practitioners – In response to George Floyd’s death, a variety of organizations posted messages against racism and some began to openly support Black Lives Matter, often by name, in their corporate communication initiatives. With promises of financial commitments to uplift Black communities, calls for action, and initiatives to support internal change—large and small companies, non-profits and universities—could be perceived as courageous for establishing new protocols to support such a warranted change. However, in the era of “woke washing,” or inauthentic social justice messaging, the need to assess the authenticity of corporate statements of support …


Creating The New Normal: A Historical Approach To Understanding Marketing Agility And Its Implications Across Business, Healthcare, And Social Welfare In A Post Pandemic World, Elan Burton, Delancy Bennett, Linda Burton Jan 2024

Creating The New Normal: A Historical Approach To Understanding Marketing Agility And Its Implications Across Business, Healthcare, And Social Welfare In A Post Pandemic World, Elan Burton, Delancy Bennett, Linda Burton

Atlantic Marketing Journal

The purpose of this article is to expand our understanding of how marketing agility shapes business, healthcare, and social welfare policy and societal responses to global pandemics. We set the stage for this discussion by presenting an historical exemplar case of marketing agility during the 1918 Influenza pandemic in the US. Next, we outline a necessary conceptual revision and update to previous treatments of marketing agility relative to historical pandemics considering the recent COVID-19 pandemic. Our novel conceptualization focuses on a firm’s (business, healthcare, social welfare) prompt response to dynamic and turbulent circumstances beyond the control of the firm (Araújo …


Healthcare Marketing Communication: Media Usage And Psychographic Profiles For Baby Boomer, Gen X, And Millennial Consumers, Terry Damron, Joe Cangelosi, David Kim, Ed Ranelli Jan 2024

Healthcare Marketing Communication: Media Usage And Psychographic Profiles For Baby Boomer, Gen X, And Millennial Consumers, Terry Damron, Joe Cangelosi, David Kim, Ed Ranelli

Atlantic Marketing Journal

Abstract

Purpose Preventive health care information (PHCI), which functions as a cost-effective or cost-saving means of reducing mortality and improving life quality, also fuels consumer demand for otherwise underutilized preventive medical services, thereby improving profitability for service providers. This study provides healthcare marketing professionals with media usage insights and psychographic profiles useful for developing effective PHCI communication strategies.

Design This research is based on questionnaire responses (n = 813). Analysis of the variance (ANOVA) was used to assess and compare the importance consumers assigned to online PHCI sources. Factor analysis was used to determine whether attitude patterns tended to …


The Impact Of Csa 2010 Metrics On Profitability Of Motor Carriers, Ahren Johnston Jan 2024

The Impact Of Csa 2010 Metrics On Profitability Of Motor Carriers, Ahren Johnston

Atlantic Marketing Journal

Comprehensive Safety Analysis (CSA) 2010 was launched in the third quarter of 2010 by the FMCSA despite the extreme trepidation of the motor carrier industry. The main focus of the new rules was to track seven metrics and make some of them publicly available to encourage carriers to hire safer drivers. This article examines the impact of CSA 2010 metrics on the profitability of motor carriers. In other words, is it more beneficial to adhere to all rules or break some of the rules and pay the fines when you are caught? The costs of poor CSA 2010 metrics could …


Product Elimination Decision And Its Impact On Consumers: The Special Case Of A Local Speedway, Mark Mitchell, Jacob Voegel, Michael Smith Jan 2024

Product Elimination Decision And Its Impact On Consumers: The Special Case Of A Local Speedway, Mark Mitchell, Jacob Voegel, Michael Smith

Atlantic Marketing Journal

After 60+ years of operation, Myrtle Beach Speedway was closed and the property sold. The new owners will redevelop the property for commercial and residential purposes. Businesses routinely eliminate products for a variety of reasons, including under-performance and/or a desire to redeploy those resources elsewhere. What is often overlooked is the impact on consumers. In addition to reducing fan access to racing, a closed race track removes a racing opportunity for aspiring race car drivers and crew members. It can also mean shuttering tracks that once had historical significance. The history of raceway closures in the Myrtle Beach, SC area …


Staff Matters: Are There Risks To Using Ai In Our Practice?, Jodi Schafer Sphr, Shrm-Scp Jan 2024

Staff Matters: Are There Risks To Using Ai In Our Practice?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

As your practice adopts AI for hiring processes, it brings efficiency but also potential pitfalls. The increasing use of AI, such as ChatGPT, streamlines tasks like resume screening, but caution is essential. Recent executive orders emphasize safety assessments and civil rights in AI. The Equal Employment Opportunity Commission focuses on transparency and consent in recruitment AI use. Legal compliance is vital to prevent discrimination; criteria like education and experience must be applied consistently. Additionally, employee monitoring AI requires careful implementation, ensuring transparency and human oversight. While AI offers benefits, its workplace integration demands careful consideration, testing, and ongoing evaluation.


Review: A Working Model For Contingent Faculty, Courtney L. Werner Jan 2024

Review: A Working Model For Contingent Faculty, Courtney L. Werner

The Writing Center Journal

In his book A Working Model for Contingent Faculty, Robert Samuels presents multiple ideas for helping contingent faculty organize to gain equity on campus: in their careers, working conditions, and pay. Samuels critiques current prominent, negative discourse on contingent faculty, offering instead ways to emphasize contingent faculty’s diverse and positive experiences and opportunities. I offer additional insights spurred from Samuels’s ideas, including connecting with student government and finding ways to make writing center work and research more public and apparent to institutional stakeholders (e.g., students, faculty, donors, administrators, boards/trustees).


Exploring The Spiritual Dynamics Of Orthodox Religious Tourism: An In-Depth Study Of Visitor Experience At Osovica Monastery, Ivan Kosta, Anđelina Marić Stanković, Danijel Pavlović, Marija Bratić, Slobodan Čerović Jan 2024

Exploring The Spiritual Dynamics Of Orthodox Religious Tourism: An In-Depth Study Of Visitor Experience At Osovica Monastery, Ivan Kosta, Anđelina Marić Stanković, Danijel Pavlović, Marija Bratić, Slobodan Čerović

International Journal of Religious Tourism and Pilgrimage

Religious tourism is increasingly becoming a significant component of global tourism trends, contributing to a substantial increase in tourist traffic worldwide. This study focuses on analysing the motives, reasons, effects, and expectations of visiting Osovica Monastery, a recently renovated sanctuary of the Serbian Orthodox Church within the Banja Luka Diocese in the Republic of Srpska, Bosnia and Herzegovina. Through a comprehensive literature review and empirical analysis, this research explores the motivations behind visiting the monastery, the impacts of these motivations on visitor satisfaction, and the factors influencing revisits and positive feedback. Utilising a methodological approach that incorporates both psychological and …


Interacting Action Of Alkali-Silica Reaction And Chloride-Induced Steel Corrosion On The Reinforced Concrete Structures – A Critical Review, Williams Dunu Dec 2023

Interacting Action Of Alkali-Silica Reaction And Chloride-Induced Steel Corrosion On The Reinforced Concrete Structures – A Critical Review, Williams Dunu

CSID Journal of Infrastructure Development

The degradation of reinforced concrete (RC) structures amidst the progression of corrosion within alkali-silica reaction (ASR)-affected structures is a complex phenomenon marked by diverse causal factors and repercussions. While the initiation phase of chloride-induced steel corrosion and ASR in RC structures has received extensive scrutiny, insufficient attention has been dedicated to comprehending the propagation phase (tp). Therefore, this study addresses this gap by centering its focus on the propagation phase, driven by the imperative need to formulate efficient and sustainable maintenance, repair, and management strategies for RC structures grappling with the concurrent impacts of degradation mechanisms such as ASR and …


The Impact Of Adopting Digital Twins In Urban Development, Mohammed Ali Berawi, Perdana Miraj, Mustika Sari Dec 2023

The Impact Of Adopting Digital Twins In Urban Development, Mohammed Ali Berawi, Perdana Miraj, Mustika Sari

CSID Journal of Infrastructure Development

The construction industry, which plays a pivotal role in urban development, has undergone a significant transformation in recent years. This transformation is largely marked by the rise of digitalization, a phenomenon fundamentally altering how we design, construct, and operate our urban environments. At the forefront of this paradigm shift is the notion of Digital Twins (DT), which entails a dynamic and virtual representation of tangible assets. Urban development has witnessed a growing adoption of this innovative approach to improve cities' infrastructure planning, construction, and management. Digital Twin enables real-time simulation and monitoring, enhancing performance and more informed decision-making. Therefore, implementing …


Assessment Of Infrastructure Development Approach In Newly Created Districts In Zambia: Case Study, Chimanga Kabwe, Musonda Innocent, Franco Muleya Dec 2023

Assessment Of Infrastructure Development Approach In Newly Created Districts In Zambia: Case Study, Chimanga Kabwe, Musonda Innocent, Franco Muleya

CSID Journal of Infrastructure Development

This article evaluates the infrastructure development plans in Zambia's newly established districts, primarily focusing on assessing their effectiveness. Infrastructure development encompasses various strategies, and this study investigates the factors influencing the selection of these strategies for implementing infrastructure projects in Zambia. Through structured interviews and questionnaires distributed to 500 respondents, the research highlights the critical role of community involvement. Communities play a pivotal role in identifying essential amenities, setting priorities for infrastructure construction, incorporating their ideas, and participating in the planning process for executing infrastructure projects. The analysis reveals that community members held varying perspectives on the significance of infrastructure …


Learn From The Past, Covid-19 And Beyond: The Case Of Türkiye, Gül Erkol Bayram, Ali Turan Bayram, Melike Sak Dec 2023

Learn From The Past, Covid-19 And Beyond: The Case Of Türkiye, Gül Erkol Bayram, Ali Turan Bayram, Melike Sak

Journal of Mediterranean Tourism Research

The tourism sector has a delicate balance that is affected by its era. Political, economic, sociological problems and events affect the course of tourism, and when necessary, they can stop tourism movements. Epidemics affect tourism negatively. Covid-19 has a very different feature in terms of its effects on world tourism. In this context, the study examines the effects of Covid-19 on world and Turkish tourism. Within the scope of the study, related literature was reviewed, the effects of Covid-19 on world and Turkey tourism were examined with a qualitative approach. As a result, it can be expressed that travel restrictions …


Pengaruh Digital Marketing Dan Brand Image Terhadap Keputusan Pembelian Konsumen E-Commerce Shopee Di Kota Cilegon, Dini Fajar Lestari, Jihan Nur Azizah Dec 2023

Pengaruh Digital Marketing Dan Brand Image Terhadap Keputusan Pembelian Konsumen E-Commerce Shopee Di Kota Cilegon, Dini Fajar Lestari, Jihan Nur Azizah

Jurnal Administrasi Bisnis Terapan

This research aims to determine the influence of digital marketing and brand image on purchasing decisions of Shopee e-commerce consumers in Cilegon City. This type of research is quantitative with a sample size of 100 respondents. The data collection technique used was a questionnaire. The data analysis method in this research is multiple linear regression analysis using SPSS software. The research results show that the digital marketing variable has a significant effect on purchasing decisions with a t-count value of 2.613 > t-table 1.985, and a significance value of 0.010 < 0.05. The brand image variable does not have a significant effect on purchasing decisions with a t-value of 0.794 < t-table 1.985, and a significance value of 0.429 > 0.05. Furthermore, digital marketing and brand image simultaneously influence purchasing decisions …


Implementasi Social Entrepreneur Dalam Umkm: Studi Kasus Program Csr “Umkm Kopi Tarzzan” Pt Geo Dipa Energi (Persero), Denindra Dwiputra Margono, Feriska Ajeng Anantri Dec 2023

Implementasi Social Entrepreneur Dalam Umkm: Studi Kasus Program Csr “Umkm Kopi Tarzzan” Pt Geo Dipa Energi (Persero), Denindra Dwiputra Margono, Feriska Ajeng Anantri

Jurnal Administrasi Bisnis Terapan

Social problems lead to situations or conditions that disrupt the welfare and harmony of society, social problems have a difference between expectations and reality or as a gap between the existing situation and the situation that should be. One of the social problems that occur in Indonesia is poverty. Poverty is a state of deprivation such as food & drink, housing, and clothing. Poverty is related to low levels of education, health, and employment. One solution to the problem of poverty is to carry out CSR programs carried out by the Company. One of the companies that implement the program …


Analisis Pengaruh Kebijakan Fiskal Dan Moneter Terhadap Tingkat Pengembalian Saham Indonesia Tahun 2015-2019, Annisa Ramadhanti, Muthia Pramesti Dec 2023

Analisis Pengaruh Kebijakan Fiskal Dan Moneter Terhadap Tingkat Pengembalian Saham Indonesia Tahun 2015-2019, Annisa Ramadhanti, Muthia Pramesti

Jurnal Administrasi Bisnis Terapan

This study aims to analyze the effect of fiscal and monetary policies projected by variables of state revenue income, government spending, inflation rates, and interest rates on the projected rate of return on stocks in Indonesia through returns or returns on the JCI. The data used is secondary data taken from various source in the form of monthly data from 2015 to 2019. The analytical method used in this study is multiple regression analysis to see the effect of all the independent variables on the dependent variable. The results of the study show that the variables of fiscal policy in …


The Role Of Live Streaming In Building Consumer Trust, Engagement, And Purchase Intention In Indonesian Social Commerce Thrift Clothes Sellers, Amyra Salsabela Yasser, Gita Gayatri Dec 2023

The Role Of Live Streaming In Building Consumer Trust, Engagement, And Purchase Intention In Indonesian Social Commerce Thrift Clothes Sellers, Amyra Salsabela Yasser, Gita Gayatri

ASEAN Marketing Journal

Manuscript type: Research Article

Research Aims: Examine the relationship between shopping values consumers perceive during live streaming and their trust, engagement, and intention to purchase from Indonesian social commerce thrift clothes sellers.

Design/methodology/approach: Data was gathered through an online survey from consumers who have watched a live-streaming session of an online thrift clothes shop on Instagram. Data were analysed using covariance-based Structural Equation Modelling (SEM).

Research Findings: The output shows that only the utilitarian value of live stream positively affects trust in products and sellers. The variable engagement was only significantly affected by hedonic value. Additionally, the only …


How Do Firms Use Social Media: Topic Modeling Of Twitter Brand Posts Of Four Indonesian Skincare Brands, Annisafira L. Lestari, Arga Hananto Dec 2023

How Do Firms Use Social Media: Topic Modeling Of Twitter Brand Posts Of Four Indonesian Skincare Brands, Annisafira L. Lestari, Arga Hananto

ASEAN Marketing Journal

Manuscript type: Empirical paper

Research Aims: This paper aims to identify the topics of social media posts (on Twitter) from local skincare brands in Indonesia.

Design/methodology/approach: This descriptive study applied text analysis methods, specifically frequency analysis and topic modeling with the Latent Dirichlet Allocation (LDA) method. Data were collected from the top four skincare brands with over 10,000 followers using Twitter Academic API interfaced through the Twarc package in Python. The dataset contained 1290 tweets from Wardah, 17,491 tweets from Avoskin, 1,968 tweets from Somethinc, and 590 tweets from Whitelab. The data analysis used quanteda and …


The Effect Of Social Media Brand Engagement On Customer Brand Loyalty: A Study On Skincare Brands Customers In Indonesia, Dodi Ria Atmaja, Riska Ware Arum Sari Dec 2023

The Effect Of Social Media Brand Engagement On Customer Brand Loyalty: A Study On Skincare Brands Customers In Indonesia, Dodi Ria Atmaja, Riska Ware Arum Sari

ASEAN Marketing Journal

Abstract

Manuscript type: Research Paper

Research Aims: This research aims to examine the impact of brand engagement on social media on consumer brand loyalty (BL), by investigating the moderating roles of brand co-creation, brand trust, and brand experience variables.

Design/methodology/approach: The study employed a purposive sampling method, involving 230 respondents. The data was analyzed using Structural Equation Modeling (SEM).

Research Findings: The results show that brand experience can moderate the impact of brand co-creation (BCC) on brand loyalty (BL). However, social media brand engagement does not always have a direct impact on brand loyalty (BL), suggesting that other factors may …


Effect Of Influencer Marketing Strategy On Consumer Behaviour In Fast Moving Consumer Goods Firms In Ghana, Pearl Fafa Bansah, Vanessa Gaffar, Disman Disman, Ayu Krishna Yuliawati Dec 2023

Effect Of Influencer Marketing Strategy On Consumer Behaviour In Fast Moving Consumer Goods Firms In Ghana, Pearl Fafa Bansah, Vanessa Gaffar, Disman Disman, Ayu Krishna Yuliawati

ASEAN Marketing Journal

Manuscript type: Research paper

Research Aims: This study examines the influence of influencer marketing strategies on consumer purchasing behaviour among fast-moving consumer goods (FMCG) companies in Ghana.

Design/methodology/approach: This study employs an explanatory (causal) research design. A 31-item questionnaire split into four categories was used to collect quantitative data. An online questionnaire was sent to FMCG consumers in Ghana's Greater Accra and Ashanti Regions, aged 18–48 years and older. Multiple regression analysis was performed to establish relationships between the study variables.

Research Findings: The findings showed that YouTube is the most popular social media platform among Ghanaian users, …


The Influence Of Risk Aversion On Brand Loyalty With Brand Trust And Brand Affect As Mediating Variables, Nurfuad Wicaksono Dec 2023

The Influence Of Risk Aversion On Brand Loyalty With Brand Trust And Brand Affect As Mediating Variables, Nurfuad Wicaksono

ASEAN Marketing Journal

Currently cosmetic products are no longer only intended for women, but also for men. Thus, creating opportunities and a conducive environment for the emergence of new companies. With the increasing number of companies in the men's cosmetic industry today, how to build brand loyalty is one of the biggest challenges companies will face. This study aims to explore the relationship between risk aversion and brand loyalty, and test whether this relationship is mediated by brand trust and brand affect on the purchase of cosmetic and body care products by men. The selection of the sample was carried out using a …


The Effect Of Board Size, Board Independence, And The Composition Of Board Independence On Accrual And Real Earnings Management, Rizkia Fitrasari Dec 2023

The Effect Of Board Size, Board Independence, And The Composition Of Board Independence On Accrual And Real Earnings Management, Rizkia Fitrasari

Jurnal Akuntansi dan Keuangan Indonesia

This paper examines the effect of board size, board independence, and the composition of board independence on mitigating accrual and real earnings management by using a sample from companies listed in the S&P 500 index from 2010 to 2019. The study uses random-effect regression analysis and finds evidence that large board size is an ineffective tool for reducing earnings management. In contrast, larger board independence proves to mitigate earnings manipulation. However, when board size interacts with board independence, the result becomes more positive indicating that board independence strengthens the positive effect of board size on earnings management. It can be …


Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten Dec 2023

Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten

Fordham Journal of Corporate & Financial Law

The U.S. Federal Trade Commission (FTC) has proposed a rule to declare virtually all non-compete agreements unfair methods of competition under Section 5 of the FTC Act and therefore, illegal. However, the empirical literature on non-compete agreements cited by the FTC in its Notice for Proposed Rulemaking (“NPRM”) shows mixed results on earnings, job creation, firm formation, entrepreneurship, training, investment, and firm value. Evidence in other current studies also does not support an economy-wide ban. The FTC concludes that the proposed rule would yield net benefits even though by its own admission it lacks the information necessary to conduct a …


Outsourcing Voting To Ai: Can Chatgpt Advise Index Funds On Proxy Voting Decisions?, Chen Wang Dec 2023

Outsourcing Voting To Ai: Can Chatgpt Advise Index Funds On Proxy Voting Decisions?, Chen Wang

Fordham Journal of Corporate & Financial Law

Released in November 2022, Chat Generative Pre-training Transformer (“ChatGPT”), has risen rapidly to prominence, and its versatile capabilities have already been shown in a variety of fields. Due to ChatGPT’s advanced features, such as extensive pre-training on diverse data, strong generalization ability, fine-tuning capabilities, and improved reasoning, the use of AI in the legal industry could experience a significant transformation. Since small passive funds with low-cost business models generally lack the financial resources to make informed proxy voting decisions that align with their shareholders’ interests, this Article considers the use of ChatGPT to assist small investment funds, particularly small passive …


The Public’S Companies, Andrew K. Jennings Dec 2023

The Public’S Companies, Andrew K. Jennings

Fordham Journal of Corporate & Financial Law

This Essay uses a series of survey studies to consider how public understandings of public and private companies map into urgent debates over the role of the corporation in American society. Does a social-media company, for example, owe it to its users to follow the free-speech principles embodied in the First Amendment? May corporate managers pursue environmental, social, and governance (“ESG”) policies that could reduce short-term or long-term profits? How should companies respond to political pushback against their approaches to free expression or ESG?

The studies’ results are consistent with understandings that both public and private companies have greater public …


Expanding Mfw: Delaware Law Should Offer A Business Judgment Rule Safe Harbor For All Conflicted Controller Transactions, Alex Lindsey Dec 2023

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 Dec 2023

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 …


Loophole Entrepreneurship, Brian M. Sirman Dec 2023

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 …


Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten Dec 2023

Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten

Fordham Journal of Corporate & Financial Law

In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market, injuring American consumers in import commerce. The foreign manufacturers conceded that they had colluded in fixing prices and restricting output, in flagrant violation of U.S. antitrust law. And yet, with the assistance of the Chinese government—intervening as amicus curiae—the defendants were successfully able to argue, on appeal …