Business Commons^™

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 …

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

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 …

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

Managing Diversity In A Culturally Fractional World: Review Of Diversity: A Key Idea For Business And Society (2023) By Mustafa F. Özbilgin, Cihat Erbil

Markets, Globalization & Development Review

No abstract provided.

Whither India’S Development: Toward Being A Super Power Or A Super Civilization?, Pradip Khandwalla

Markets, Globalization & Development Review

This commentary was triggered by my reading a lecture delivered by Saurabh Kumar, a former student of mine at Indian Institute of Management, who later served as India’s ambassador in various countries and international bodies. He bemoaned that China had much greater status in global affairs than India. Many others in India hanker for a super power status for India. I find this concern to be somewhat misguided. India should be aiming to be a great civilization, rather than a domineering superpower. The record of all the superpowers till now has been quite spotty in humane terms. My vision for …

Boeing Co: Ethical Failures And Business Scandals, Bahia Benabbad Touirs

Journal of Global Awareness

Recent advances in technology have completely changed people’s outlook on the world. Instant access to limitless information has revamped consumer behavior and expectations from the companies they interact with; therefore, social responsibility has become a crucial talking point in the business world as customers increasingly monitor their actions. A recent study showed that 70% of consumers want to know how brands are addressing social and environmental issues, and 46% of consumers believe it plays a decisive factor in their purchasing decision process (Duan, Hofer, & Aloysius, 2021). Even though this has its effects in every industry, this paper will focus …

Apple: Global Ethics And Transformational Leadership, Bisma Ahmed

Journal of Global Awareness

Apple Inc. is an American technological company that designs, manufactures, and sells various products such as laptops, phones, accessories, streaming services, licensing services, and so much more. The paper explores the corporate responsibility and unethical business practices that arise from the global sourcing of Apple’s products. The company established many relationships with suppliers in East Asia to meet the rigorous demands of consumers, promising high-quality products at the expense of factory workers. However, global sourcing comes with unethical business practices. There have been various cases against Apple’s suppliers. This research highlights unfair working conditions, overworking employees, and environmental pollution that …

A Critical Librarianship Approach For Teaching Patent Searching: Who Becomes An Inventor In America?, Dave Zwicky, Ilana Stonebraker

Libraries Faculty and Staff Scholarship and Research

The ways in which a technology is invented, owned, and approved are strongly influenced by the same oppressive and exclusionary structures that critical librarianship interrogates. Patents, limited-term grants of rights to inventions, are issued to inventors in exchange for detailed specifications of the invention. This paper examines current practices used by business librarians in teaching students how to find patents and how these practices could be critically informed given the nature of the United States patent system as it exists today. An output of this work is a suggested lesson plan with recommended resources.

Development And Validation Of Ethical Blindness Scale, Darija Aleksić, Guido Palazzo

Economic and Business Review

Recent models of ethical decision making have underlined the influence of unconscious processes of unethical behavior, and ethical blindness has been identified as a construct that deepens the understanding of unintentional unethical behavior. However, to date, no empirically tested measure of ethical blindness exists. Consequently, we have explored and developed a tool for measuring ethical blindness, which is presented in this paper. Based on qualitative data from interviews with individuals employed in different industries and a literature review, we developed a multidimensional measure of ethical blindness. The measure was tested and validated in several consecutive steps on three quantitative data …

Developing A Blueprint For Health Equity Programs And Investigating Interventions And Metrics, Belita Strudwick

MUSC Theses and Dissertations

Racial and ethnic minority groups and rural and low-income populations are examples of populations who continue to experience health disparities despite policy mandates to eliminate them. This doctoral project will provide a foundational blueprint to aid health plans in addressing and improving health equity internally and with external stakeholders. The blueprint will be based on research comparing the robust health equity initiatives of four states to the NCQA national guidelines. The barriers to achieving and recommendations for advancing the field of health equity by implementing and analyzing policies and data that target health disparities through improved access to quality care …

Leviathan Inc. And Corporate Environmental Engagement, Po-Hsuan Hsu, Hao Liang, Pedro Matos

Research Collection Lee Kong Chian School Of Business

In a 2010 special report, The Economist magazine termed the resurgence of state-owned, publicly listed enterprises “Leviathan Inc.” and criticized the poor governance and low efficiency of these firms. We compile a new comprehensive data set of state ownership of publicly listed firms in 44 countries over the period of 2004–2017 and show that state-owned enterprises are more responsive to environmental issues. The effect is more pronounced in economies lacking energy security and strong environmental regulation, and among firms with more local operations and higher domestic government ownership. We find a similar effect on corporate social engagement but not on …

Organisational Drivers And Sustainability Implementation In The Mining Industry: A Holistic Theoretical Framework, Prince Amoah, Gabriel Eweje

Research outputs 2022 to 2026

While few studies have examined the role of institutional pressures on sustainable business practices, there is a dearth of empirical research regarding the influence of internal organisational characteristics on sustainability implementation in developing countries. This paper examines internal organisational features and how they influence multinational companies (MNCs) operating in a resource-rich developing country to embrace and embed sustainability into corporate policies and practices. The findings show that the history of past sustainable practices, the level of internationalisation and managerial cognition internally drive MNCs to implement sustainability in their host countries. We discuss that managerial cognition drives MNCs to embrace sustainability …

New Dentists’ Most-Asked Legal Questions, Dan Schulte Jd

The Journal of the Michigan Dental Association

This feature addresses new dentists' most frequently asked legal questions, offering concise answers to guide them. Topics include licensing requirements, dental record maintenance, accommodations for hearing-impaired and non-English proficient patients, the enforceability of covenants not to compete, the necessity of written employment agreements, responding to bad dental work, reporting suspected abuse, prescribing drugs to friends and family, contract terms with dental plans, and handling suspected employee theft. The article emphasizes the importance of understanding legal aspects to navigate a dental career successfully.

Lendingpoint Consolidated, Inc., Et. Al. V. Bdo Usa, Llp, Et. Al., Order On Motions To Dismiss, Kelly L. Ellerbe

Georgia Business Court Opinions

No abstract provided.

Billion Dollar Whale, David Mcclough

The Journal of Economics and Politics

No abstract provided.

Responsibility Boundaries And The Governance Of Global Value Chains: The Interplay Of Efficiency, Ethical, And Institutional Pressures In Global Strategy, Thomas Deberge

School of Business: Faculty Publications and Other Works

Research Summary

I explore the relationship of firm global strategy and global value chain (GVC) governance, within a context of expanding responsibility boundaries for unethical practices in the value chain. Specifically, focusing on the tantalum supply chain within the digital electronics GVC, I conduct a case-based process study that contextualizes the different strategic responses of three manufacturers of tantalum capacitors when faced with similar efficiency, ethical, and institutional pressures. Integrating the GVC and global strategy literatures, I find that structural inertia in GVCs limits the efficacy of strategies that preserve, rather than alter, the governance structure, instead requiring a strategic …

Rule Violation And Time-To-Enforcement In Weak Institutional Environments: A Good Faith Perspective, Jun Xia, Yusi Jiang, Heli Wang, Yuan Li

Research Collection Lee Kong Chian School Of Business

Previous studies on corporate misconduct have focused mainly on preventing misconduct or remedying it after detection, but it remains unclear how misconduct can be effectively detected in the first place once it occurs. We apply the good faith perspective in the context of China, which represents a weak institutional environment, and argue that the ability of culpable leaders to conceal information may delay misconduct disclosure because such ability helps maintain the good faith of regulators. Moreover, we argue that because the regulators have faith in professionals (external auditors, institutional investors, and securities analysts) whose skills are in fact often underdeveloped …

Sustainability Transformation: The Role Of Accountancy And Finance Professionals In The Singapore Manufacturing Sector, Jiwei Wang, Holly I. Yang, Liandong Zhang, Sanli Pinar Darendeli, Ying-Chi Huang

Research Collection School Of Accountancy

Sustainability is already reshaping the Singapore manufacturing sector. The majority of companies surveyed (70%) have started their sustainability transformation in one form or another, and many have initiated discussions. However, on the whole, only 37% of companies have implemented sustainability initiatives, and 21% have reported on sustainability. On the bright side, these percentages are slated to double within 1-3 years. The infusion of sustainability into the manufacturing sector has led to accountancy and finance professionals potentially playing a bigger role in their organisations, particularly in aligning the sustainability objectives with business strategies. The study notes that manufacturing companies are mostly …

N Y State Dent J November 2023

The New York State Dental Journal

In the November 2023 issue, the reader will find the following feature articles:

• Verruciform Xanthoma
• Use of a 3D Intraoral Scanner for Prosthetic Rehabilitation of Cocaine-Induced Oronasal Fistula
• Adenoid Ameloblastoma with Dentinoid

This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.

Mitigating Industry Contagion Effects From Financial Reporting Fraud: A Competitive Dynamics Perspective Of Non-Errant Rival Firms Exploiting Product-Market Opportunities, Eugene Kang, Nongnapat Thosuwanchot, David Gomulya

Research Collection Lee Kong Chian School Of Business

Existing studies show that financial reporting frauds by errant firms cause declines in stock market valuations for non-errant rival firms (i.e. industry contagion effects). We posit that contagion effects may be mitigated by investors’ expectations of non-errant rivals exploiting product-market opportunities at the expense of errant firms. We apply the competitive dynamics literature to argue that non-errant rivals experience lower contagion effects when they have more available slack to engage in competitive actions. This effect is expected to strengthen when rival firms have previously deployed more resources for research and development and advertising investments or have higher prior market share …

A Reconciliatory Approach To Marketing: A Case Of The Marginalized, Mauvalyn Bowen

Day of Scholarship

This paper integrates the use of Biblical principles in the discussion about marketing practices and shares a vision for ways that marketing can be reconciliatory and God-honoring. It further detailed some perspectives of how marketing may be considered in the context of the kingdom of God. An example of a case of “the marginalized” was presented to demonstrate the redemptive nature of marketing. The paper then concludes with a call for Christian educators to do some heavy lifting in presenting the discipline of marketing to students to empower them to be cupbearers and future shapers.

Introduction To International Business, Rajaram Veliyath

KSU Distinguished Course Repository

An introduction to the global business environment, this course examines the discrete and interactive effects of the geographic, historical, sociocultural, political/legal, economic and technological forces that shape business activities across borders and their consequences.

Textbook Tasks For Social Change: Instantiation Of Development Debates And Interposition Of Pedagogical Interventions In Media Literacy Education, John N. Ponsaran

Journal of Sustainable Social Change

As materialization of their discursive stance as instructional communicators and media producers, textbook authors instantiate various development debates as well as interpose a wide range of pedagogical interventions for critical reflection and adoption by learners. This qualitative study sought to situate these development debates and the counterpart pedagogical interventions within the context of textbook task design as an application and embodiment of social justice communication. The development debates serve as the proposed contexts for media text analyses, reflective exercises, case studies, and media production, among others. Correspondingly, the interposition of interventions allows students to make sense of and act upon …

Civilian Oversight Of Police Through The Lens Of Polarities Of Democracy, Joseph A. Mcmillan, Jacqueline D. Smith, William J. Benet

Journal of Sustainable Social Change

Following the murder of George Floyd, the U.S. Congress called upon the National Organization for Black Law Enforcement Executives (NOBLE) to play a role in the reimagining of policing in America, including a transformation of policing from a warrior to a guardian mentality. In turn, NOBLE partnered with the Institute for Polarities of Democracy (the Institute) to conduct an analysis of the 21st Century Policing Report (the Report), which focused on addressing a myriad of issues that challenged the relationship between the police and communities. The Report determined there were six “pillars” necessary for effective policing in America, including (1) …

In Customer Service, When Is A Full Refund Justified?, Hannah H. Chang

Research Collection Lee Kong Chian School Of Business

In a commentary, SMU Associate Professor of Marketing Hannah Chang discussed the challenges in achieving balance between making genuine amends for the specific incident and strategic reputation management when customers complain. She also noted the challenges in balancing between offering genuine redress and not setting precedents that encourage unreasonable demands. Assoc Prof Chang also shared how companies can take preventive measures by setting clear policies for refunds or compensation, and monitoring online sentiment to stay ahead of brewing issues, thus allowing businesses to address concerns in real time.

Commentary: Black Or White? Wrong Or Right? Don't Rush To Take Sides On Complex Issues Such As Israel-Hamas Conflict, Siow-Heng Ong, Benjamin Joshua Ong

Research Collection Lee Kong Chian School Of Business

While responses to the Israel-Hamas conflict have been bitterly divided, they showcase a common phenomenon of people viewing complex situations in black-and-white terms. But how did we get here?

Esg News, Future Cash Flows, And Firm Value, Francois Derrin, Philipp Krueger, Augustin Landier, Tianhao Yao

Research Collection Lee Kong Chian School Of Business

We investigate the expected consequences of negative ESG news on firms’ future profits. After learning about negative ESG news, analysts significantly downgrade their forecasts at short and longer horizons. Negative ESG news affect forecasts more strongly at longer horizons than other types of negative corporate news. The negative revisions of earnings forecasts following negative ESG news reflect expectations of lower future sales (rather than higher future costs). Quantitatively, forecast revisions can explain most of the negative impacts of ESG news on firm value. Analysts are correct to revise forecasts downward following negative ESG news and ESG sensitive analysts tend to …

The Oligarchic Courthouse: Jurisdiction, Corporate Power, And Democratic Decline, Helen Hershkoff, Luke Norris

Michigan Law Review

Jurisdiction is foundational to the exercise of judicial power. It is precisely for this reason that subject matter jurisdiction, the species of judicial power that gives a court authority to resolve a dispute, has today come to the center of a struggle between corporate litigants and the regulatory state. In a pronounced trend, corporations are using jurisdictional maneuvers to manipulate forum choice. Along the way, they are wearing out less-resourced parties, circumventing hearings on the merits, and insulating themselves from laws that seek to govern their behavior. Corporations have done so by making creative arguments to lock plaintiffs out of …

Bernard Parks, Jr., Et. Al. V. Kelly King Et Al., Order On Cross Motions For Summary Judgment Regarding Plaintiffs' Claims Against Defendants, John J. Goger

Georgia Business Court Opinions

No abstract provided.