Business Commons^™

The Myth Of The Ideal Investor, Elisabeth De Fontenay

Faculty Scholarship

Critiques of specific investor behavior often assume an ideal investor against which all others should be compared. This ideal investor figures prominently in the heated debates over the impact of investor time horizons on firm value. In much of the commentary, the ideal is a longterm investor that actively monitors management, but the specifics are typically left vague. That is no coincidence. The various characteristics that we might wish for in such an investor cannot peacefully coexist in practice.

If the ideal investor remains illusory, which of the real-world investor types should we champion instead? The answer, I argue, is …

Securitization Ten Years After The Financial Crisis: An Overview, Steven L. Schwarcz

Faculty Scholarship

This symposium issue examines securitization a decade after the 2008 financial crisis. Prior to the crisis, securitization was one of America’s dominant means of financing. Many observers, however, blamed securitization for causing the crisis, sparking regulation that arguably has been overly restrictive and, in some cases, even punitive. Where are we now?

Tax Issues In The Sharing Economy: Implications For Workers, Shu-Yi Oei, Diane M. Ring

Faculty Scholarship

No abstract provided.

Leak-Driven Law, Shu-Yi Oei, Diane Ring

Faculty Scholarship

Over the past decade, a number of well-publicized data leaks have revealed the secret offshore holdings of high-net-worth individuals and multinational taxpayers, leading to a sea change in cross-border tax enforcement. Spurred by leaked data, tax authorities have prosecuted offshore tax cheats, attempted to recoup lost revenues, enacted new laws, and signed international agreements that promote “sunshine” and exchange of financial information between countries.

The conventional wisdom is that data leaks enable tax authorities to detect and punish offshore tax evasion more effectively, and that leaks are therefore socially and economically beneficial. This Article argues, however, that the conventional wisdom …

Individual Autonomy In Corporate Law, Elisabeth De Fontenay

Faculty Scholarship

The field of corporate law is riven with competing visions of the corporation. This Article seeks to identify points of broad agreement by negative implication. It examines two developments in corporate law that have drawn widespread criticism from corporate law scholars: the Supreme Court's recognition of corporate religious rights in Burwell v. Hobby Lobby and the Nevada legislature's decision to eliminate mandatory fiduciary duties for corporate directors and officers. Despite their fundamental differences, both resulted in expanding individual rights or autonomy within the corporation-for shareholders and managers, respectively.

The visceral critiques aimed at these two developments suggest a broadly shared …

Will Delaware Be Different? An Empirical Study Of Tc Heartland And The Shift To Defendant Choice Of Venue, Ofer Eldar, Neel U. Sukhatme

Faculty Scholarship

Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, such as enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue, the two scenarios are not symmetrical.

The Supreme Court’s recent decision in TC Heartland v. Kraft Foods illustrates this dynamic. There, the Court effectively shifted venue choice in many patent infringement cases from plaintiffs to corporate defendants. We use TC Heartland to empirically measure …

The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale

Faculty Scholarship

The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.

Seeking An Objective For Regulating Insider Trading Through Texas Gulf Sulphur, James D. Cox

Faculty Scholarship

Data summarized in the opening of this article document that inside trading is a growth industry. And, as deals get ever bigger, the growth curve becomes steeper as more the data confirms intuition that the more who know about a good thing the more who will seek to harvest its benefits. Even though insider trading appears to have thrived during the fifty years after Texas Gulf Sulphur, we gather in this symposium to celebrate the decision. But why? As developed below, the Second Circuit’s landmark decision gave way to the Supreme Court’s erection of a fiduciary framework that this article …

Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden

Faculty Scholarship

In the last twenty years, the United States government has put substantial resources behind the fight against .foreign bribery by using the Foreign Corrupt Practices Act (FCPA) to prosecute unilaterally foreign and domestic companies who engage in corruption abroad. The United States is not entirely alone in this effort, but other countries have been far less vigorous in investing resources in investigations and prosecuting cases. Because of the unilateral and extraterritorial nature of FCPA prosecutions, these cases are sometimes controversial as foreign governments resist American influence in their commercial relations.

In response to this international tension, as well as a …

An Exploratory Study On Ethical And Legal Issues Of Marketing Strategies In The Cigarette Industry: Perspectives On E-Cigarettes, Jason Bruce Kilby, Ismet Anitsal, Melek Meral Anitsal

AMTP Proceedings 2018

Cigarette and E-Cigarette companies use different marketing strategies to promote their product. Some of these marketing strategies could be considered by many to be both unethical as well as illegal. Many ethical and legal issues surround the cigarette industry and these same issues could be relevant in the emerging E-cigarette industry. This research organized cigarette industry behavior into a matrix where a behavior was classified on whether it was ethical, unethical, legal or illegal. In order for a behavior to be considered ethical it must meet the minimum standard of being legal except under moral exception. What is considered to …

Success Strategies Of Small Business Owners, Lyndabelle Jakes

Walden Dissertations and Doctoral Studies

In the United States, 20% of newly established small businesses, including small

businesses in the life insurance industry, fail within 2 years, and over 50% of them fail during the first 5 years. The purpose of this multiple case study was to identify and explore the strategies that life insurance brokerage owners use to sustain business operations beyond 5 years. Porter's 5 forces model served as the conceptual framework for exploring this subject matter. Owners of 3 separate small life insurance brokerage firms in Texas, who sustained their businesses beyond 5 years, participated in semistructured interviews. A secondary source of …

Scale Development To Measure The Co-Creation Experience, And Resulting Value And Behavioral Intentions In Museums, Exhibitions, And Installations, Elaine Mathis

Electronic Theses and Dissertations

The purpose of this study was to develop and test a scale that can measure the co-creation experience, resulting value, and behavioral intentions in MEI. The study addresses six objectives: (1) To propose a framework of co-creation, (2) To evaluate what constructs of co-creation are needed, (3) To analyze how and what value is created, (4) To evaluate how co-creation impacts behavioral intentions, (5) To evaluate how value impacts behavioral intentions, and (6) To create a model that tests the co-creation experience and resulting value and behavioral intentions in MEI. This dissertation employed a mixed-method approach. A qualitative study was …

Social Media Marketing Strategies In Landscape Industry Small Businesses, Crystal Victoria Lupo

Walden Dissertations and Doctoral Studies

Almost 50% of small businesses close within 5 years in part because of inadequate marketing strategies. The purpose of this multiple case study was to explore how landscape industry small business owners have successfully used social media marketing to help ensure business viability. The population for this study was landscape industry small business owners in central Alabama, who have been successful in using social media marketing. The conceptual framework for the study included adoption theory to understand the successful implementation of social media as a marketing tool, and social exchange theory to explain how social behavior results from the exchange …

Mentoring Strategies To Prevent Leadership Shortfalls Among C-Suite Executives, Vernon Walter Tynes

Walden Dissertations and Doctoral Studies

Corporate organizations are facing a shortage of future senior management leaders. The purpose of this single case study was to explore leadership mentoring strategies used to develop future C-suite executives in the waste industry. Companies may improve business practices by mentoring future generations to understand corporate responsibilities and expectations. The target population came from a regional waste company located in central Florida. The study participants consisted of 3 C-suite executives of the company responsible for the management and mentoring of future C-suite executive mentees. The conceptual framework for this study was rooted in transformational leadership theory. Data were collected using …

An Evaluation Of South African Vehicle Prices And Domestic Market Size, Keith Plekker, Perry Haan

AMTP Proceedings 2018

This study set out to identify what relationship exists between vehicle pricing and market size in a South African context. The research project’s design revolves around a quantitative method, consisting of a non-experimental strategy, with a longitudinal retrospective time horizon. The Box-Jenkins Method was used with auto regression and autocorrelation and partial autocorrelation functions for testing stationarity. The test involved the Rand’s changes against major currencies being related to increases in the advertised new vehicle price. The results of these tests showed weak correlations for the period 2008 to 2016. The conclusion was that no significant correlation exists between the …

An Exploratory Study Of A Nondenominational Church And Leadership Behaviors, Principles, Strategies, And Practices, Celeste Beatrice Palmer-Atkins

Walden Dissertations and Doctoral Studies

Leadership plays a significant role in the advancement of the church, the followers, and the community that the church serves. If the church fails to train leaders, growth within the church becomes hindered, and its mission becomes aborted. The problem researched in this study is the declining support church leaders are receiving from the community. The purpose of this qualitative study was to explore church leadership effectiveness in meeting the expectations of followers, the local church community, and the church. The target population consisted of 3 nondenominational church leaders located in Philadelphia, Pennsylvania. The conceptual framework for this study was …

Marketing Strategies To Increase Sales In Small Family-Style Restaurant Businesses, Tammira Lucas

Walden Dissertations and Doctoral Studies

Small business owners understand the advantages of using social media as a marketing tool; however, some of these owners do not leverage social media marketing strategies to increase sales. Small business owners who fail to implement social media marketing strategies minimizes the potential to gain new customers; thus, negatively impacting sales. The purpose of this qualitative multiple case study was to explore social media marketing strategies used by five small family-style restaurants in Maryland. Berry's relationship marketing theory was the conceptual framework for this study. Data collection included semistructured interviews, documents pertaining to social media marketing strategies, and social media …

Beliefs Influencing Hiring Agents' Selection Of Qualified Autistic Candidates, Angela Marie Mai

Walden Dissertations and Doctoral Studies

Qualified and capable working age autistics face an 83% unemployment rate, thus, straining the economy and deteriorating their quality of life. This research examines potential contributing factors by inquiring what hiring agents' beliefs may be influencing their selection of qualified autistic candidates. This quantitatively weighted, concurrent, mixed methods (QUAN > qual), multiple linear regression study measured the influence of hiring agents' control, normative, and behavioral beliefs upon their selection of qualified autistic candidates. Through the theoretical lens of Ajzen's theory of planned behavior, conceptually crystallized with other validated theories; a representative, simple, random probability sample of hiring agents throughout the contiguous …

Relationship Between Servant Leadership Characteristics And Turnover In Fast-Casual Restaurants, Maria Rosetta Needham

Walden Dissertations and Doctoral Studies

In the United States, turnover threatens the economic status of the restaurant industry. In 2016, the turnover rate for the fast-casual restaurant dining industry was 1.8 million people with approximately 3 million people working in the industry. Restaurant leaders struggle with solutions to help reduce the problems of turnover. Guided by the servant leadership theory, the purpose of this correlational study was to examine the relationship between empowerment, interpersonal support, and turnover in the fast-casual restaurant industry. A convenient sample of fast-casual restaurant supervisors (n =58) in the Midwestern region of the United States completed a survey with questions related …

Organizational Leadership Activities That Positively Influence Virtual Employee Engagement, Milton Jones Perkins

Walden Dissertations and Doctoral Studies

Considering the growing virtual workforce, it is important for people-managers to understand whether traditional management techniques produce increased engagement and greater productivity with a virtual population. Guided by James Heskett, W. Earl Sasser Jr., and Leonard Schlesinger's conceptual Service Profit Chain framework, this study focused on addressing the gap in contemporary literature related to management techniques that influence virtual employee engagement. Much of the current research provides a foundation for managing and engaging traditional office-based employees. To better understand which experientially-based management techniques influenced traditional employee engagement for a group of virtual employees, a qualitative descriptive phenomenological methodology was used …

Stress In Rural North Georgia Policing, Robert C. Mason

Walden Dissertations and Doctoral Studies

There are many operational and organizational stressors in policing. This study was designed to gain a better understanding of what causes police officers in a rural southern state mental and physical stress and to determine how best to assist officers when they are dealing with stress. The purpose of this study was to determine whether organizational or operational issues cause more stress among police officers in a rural southern state. Qualitative research methods and the phenomenological approach to obtain data from participants who have experienced job-related stressors were used. The social construct theory, a theory of knowledge in sociology, was …

Leadership Strategies To Improve Employee Performance In The Insurance Industry, Momodou K. Sonko

Walden Dissertations and Doctoral Studies

Lack of performance improvement strategies contributes to poor employee performance and increases the potential for business failure. Some insurance business leaders lack strategies to improve employee performance. The purpose of this case study was to explore strategies that successful insurance business leaders use to improve employee performance. The classical management and transformational leadership theories served as the conceptual frameworks for this study. Using a semistructured interview technique, 9 purposefully-selected insurance senior managers in Atlanta, Georgia were interviewed on how they successfully improved employee performance. Through open coding and thematic analysis, 4 themes emerged: goal setting and performance review; effective communication; …

Strategies For Improving Healthcare Efficiency While Reducing Costs, Jean Calvin Tchatchoua

Walden Dissertations and Doctoral Studies

In comparison to the European healthcare system, the U.S. healthcare system has lower quality care, higher costs, and covers a smaller percentage of the population. Despite the high costs, the U.S. healthcare system remains dysfunctional. The purpose of this exploratory single case study was to identify the strategies that some healthcare managers in a hospital setting in the midwestern region of the United States use to improve efficiency while decreasing healthcare costs. Complex adaptive systems theory was used to frame this study that included face-to-face interviews with 6 highly experienced healthcare managers. Data were collected from audio recorded interviews and …

Leadership Strategies Of A Multinational Enterprise In The West Bank, Arafat Abuaziz

Walden Dissertations and Doctoral Studies

Business leaders require the appropriate strategies and knowledge to successfully grow their companies through international expansion. Multinational enterprises (MNEs) in the West Bank in Palestine often encounter complex barriers as the executives of the firms explore business opportunities in foreign countries. The objective of this single case study was to explore, in depth, the perspectives of business leaders from a population of executives of an MNE in the West Bank. The conceptual framework used in the study was cultural intelligence. The selected multinational business leaders participated in semistructured, face-to-face interviews followed by member checking. The 2 executives of the MNE …

Successful Strategies For The Survival Of Business Owners In Nigeria, Ayodeji Akinso

Walden Dissertations and Doctoral Studies

Small businesses remain the engine of growth in an economy such as Nigeria's economy. The objective of this study was to explore the high failure rate of small businesses during the first 5 years of business activities in Nigeria. The research design for this study was a multiple case study. The targeted population was small-scale entrepreneurs from 3 facilities in the soybean processing industries in Ibadan, Nigeria. The cognitive theory was the conceptual framework for the study. The data collection process was semistructured in-person interviews of 3 successful soy processing business owners. The data analysis process was conducted following the …

Effective Leadership Strategies, Employee Performance, And Organizational Sustainability In The Boxing Industry, Rita Ali

Walden Dissertations and Doctoral Studies

Ineffective leadership impedes employee performance and threatens organizational sustainability, causing U.S. businesses to spend billions of dollars addressing such issues. Correspondingly, boxing promotion companies are challenged as some leaders lack strategies to improve employee performance. This single case study was focused on leadership strategies utilized in the boxing promotion industry to improve employee performance. Transformational and charismatic leadership theories were the conceptual framework for this study. The data consisted of semistructured interviews with 8 participants from 1 organization (4 leaders and 4 subordinates), as well as document review of company training materials. The 6-step model for thematic analysis coding procedure …

Strategies To Reduce Voluntary Employee Turnover In Business Organizations, Kevin Lance Bernard

Walden Dissertations and Doctoral Studies

Industry leaders in the United States have spent $11 billion annually in advertising, hiring, and training expenditures associated with voluntary employee turnover. Using employee turnover theory as the conceptual framework, the purpose of this multicase study was to explore strategies leaders of marketing and consulting firms used to reduce voluntary employee turnover. Participants were purposefully selected based on evidence of their successful experiences in reducing voluntary employee turnover in their organizations. Data were collected by conducting semistructured interviews with 6 leaders in 3 marketing and consulting firms located in the southeastern United States and by reviewing organizational documents related to …

Relationships Between Project Cost, Project Team Member Role, Project Schedule, And Burnout, Alan Lee Bundschuh

Walden Dissertations and Doctoral Studies

Employees affected by burnout syndrome often experience reduced engagement and decreased

job performance, costing their organizations through lost productivity and profit. However, it is

not clear what causes employee burnout in working environments. The purpose of this

correlation study was to examine the relationships between project cost, project team member

role, project schedule, and project team member burnout. This study was grounded in the job

demands-resources theory, which states that all employees experience demands in their work that

may lead to long-term stress and eventually burnout syndrome if these demands are not mitigated

by job resources. The population for this …

Obstacles To Economic Growth And Business Attraction In Georgia, Vanessa Cox

Walden Dissertations and Doctoral Studies

The problem addressed in the study was that Georgia's economic development leadership faced obstacles that challenged the state's growth in attracting new business and developing existing business. The purpose of this case study was to explore the obstacles encountered by a specific agency to attract businesses to generate economic growth. Accessing obstacles that hinder leaders to promote the state of Georgia growth is pertinent, including exploring where the system may be constrained. The theory of constraints guided this study to investigate what obstacles state leaders face in economic development. An embedded case study was conducted using purposeful sampling to select …

A Critical Perspective Of Transformational Leadership And Safety Management Practices, Larry D. Frazier

Walden Dissertations and Doctoral Studies

A troubling trend has developed in the increasing number of commuter rail accidents

causing injuries, fatalities, and safety concerns. The specific problem addressed in this study is that current leadership practices have not achieved success reducing safety violations and rail accidents. The purpose of this qualitative cross-sectional study was to explore the potential influence of perceived leadership styles of 16 frontline rail supervisors and 4 managers on safety management practices within a metro rail system. The conceptual framework was based on Bass's transformational leadership theory and Reason's human error model. The key research question dealt with how leadership style might …