Business Commons^™

Weathering The Tempest: The Impact Of The Basel Iii Capital Accord On Asset Finance, Angela L. Rosa

Transactions: The Tennessee Journal of Business Law

The Second Capital Accord of the Basel Committee on Banking Supervision ("Basel II") was intended to address capital sufficiency amongst institutions lending in risky sectors. Since its introduction, the world economy has gone through categorically unique depressions, hallmarked by the 2008 financial crises. Scrambling to respond to the unique challenges posed by unprecedented failures throughout the international banking community, the Basel Committee's latest charge has been to revamp its prior accords while formulating new methodologies intended to avoid the reoccurrence of the catastrophes of the past four years: regulations that comprise the Third Basel Capital Accord ("Basel III"). These new …

How To Sufficiently Consider Efficiency, Competition, And Capital Formation In The Wake Of Business Roundtable, Ian D. Ghrist

Transactions: The Tennessee Journal of Business Law

Even before the Dodd-Frank Act (“Dodd-Frank” or “Act”), rules promulgated by the Securities and Exchange Commission (“SEC”) occasionally struggled to cross the threshold of the D.C. Circuit’s arbitrary and capricious review standard. This standard is bolstered by the requirement found in various acts of Congress that, before the appropriate agency promulgates a rule, it must consider whether the rule promotes efficiency, competition, and capital formation. Striking examples of rulemaking failures include the fixed-indexed annuity rule, the independent director rules, and most recently, the proxy access rule. While Dodd-Frank did not create the difficulties inherent in defining and exceeding the standard, …

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Front Matter

Transactions: The Tennessee Journal of Business Law

No abstract provided.

At The Heart Of The Matter: Reading Contracts And Dealing With Risk, Tina L. Stark

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodrigues

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Tackling "Arithmophobia": Teaching How To Read, Understand, And Analyze Financial Statements, Paula J. Williams, Kris Anne Tobin, Eric Franklin, Robert J. Rhee

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Contract Drafting: Teaching With Forms, Kimberly Y. W. Holst, Stephen L. Sepinuck

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Across The Curriculum: Integrating Transactional Skills Instruction, Jean Whitney, Lori D. Johnson, Richard Rawson, Carol Morgan

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The First Year: Integrating Transactional Skills, Sue Payne

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Simulations: Collaborative Experiential Learning, Jay Finkelstein, Karl Okomoto

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Preparing The Transactional Lawyer: From Doctrine To Practice, Carol Newman, George Kuney, M. Jan Connell, Dennis R. Honabach

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Contract Drafting: Teaching Critical Lawyering Skills, Charles Fox

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Preparing "Main Street" Lawyers: Practicing Without Big Firm Experience, Lisa Reel Schmidt, Steve Garland, Robert Statchen

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Transactions And Settlements: Creating A Balance In Legal Education, Gregory M. Duhl, Jaclyn Millner

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Transactional Drafting: Teaching Tips, Judith A. Rosenbaum

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Opening Remarks, Sue Payne

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Two Decades Of Rpl/Apel In Ireland: Practitioner Views, Phil O’Leary

Level 3

I was first involved with RPL in 1996. I began working in CIT in July of that year to run a project trialing APL. It was a two year project, funded under the EU Adapt programme to develop and deliver policy and procedures for APL and to trial its use. The project proposal was written by CIT staff members Ray Coughlan and Michael Delaney.

Two Decades Of Rpl/Apel In Ireland: Practitioner Views, Oran Doherty

Level 3

In 2006, I commenced employment at Letterkenny Institute of Technology as the RPL Facilitator. This position was funded by Líonra (Higher Education Network for the Border Midlands and Western region of Ireland). The purpose of the project was to recognise with a third level qualification learning that occurred in the workplace – specifically learning in IT and Business

Emotional Incongruity In The Interpersonal Relationships Of University Students: A Research Report, Olga Kolyukh, Gulnara Kazhikenova

Level 3

This article reports on the emotional security of a sample group of university students based on analysis of survey findings from 2012. The broad purpose of the survey was to assist both teaching staff and students to understand the dynamic in interpersonal communications and the impact of communications on parties in the interaction. The survey instrument was a standardised psychological test for indicators of emotional stability and stress levels. It was implemented with a representative sample of one-hundred students across the third year of a bachelor programme in Pavlodar State University, Kazakhstan. The findings were analysed using four tools: Lyusher's …

Linking Distributive And Procedural Justice To Employee Engagement Through Social Exchange: A Field Study In India, Soumendu Biswas, Arup Varma, Aarti Ramaswami

School of Business: Faculty Publications and Other Works

Research linking justice perceptions to employee outcomes has referred to social exchange as its central theoretical premise. We tested a conceptual model linking distributive and procedural justice to employee engagement through social exchange mediators, namely, perceived organizational support and psychological contract, among 238 managers and executives from manufacturing and service sector firms in India. Findings suggest that perceived organizational support mediated the relationship between distributive justice and employee engagement, and both perceived organizational support and psychological contract mediated the relationship between procedural justice and employee engagement. Theoretical and practical implications with respect to organizational functions are discussed.

Shipwreck With Speculator Early Modern Representations Of Risk And Gambling, David J. Hart

Occasional Papers

Charles Cotton’s Compleat Gamester, one of the best known manuals accompanying a virtual pandemic of gambling fever across early modern Europe, likens gaming to shipwreck since there are “but few Casts at Dice betwixt a rich man and a beggar,” “but few inches between [living] and drowning.” This conjunction of shipwreck and gaming recurs in early modern literature and constitutes a rhetorical topos in the sense of philosopher Hans Blumenberg. I examine several instances of this conjunction (e.g. in Cardano’s autobiography, Shakespeare’s The Tempest, Spinoza’s Theological-Political Treatise, and Joseph de la Vega’s Confusion de Confusiones) and suggest that the conjunction …

The Effectiveness Of Total Quality Management Principles In The Printing Industry, Paige Cornelison

Graphic Communication

The purpose of this study was to determine the history and implications of the term “Total Quality Management”, to define the core principles of the concept, and to test their prevalence and effectiveness within the printing industry.

The research consisted of an in-depth survey, which was distributed to employees of printing companies across the country. The survey aimed to collect data that was predominately qualitative in nature. It inquired upon the utilization of quality management systems within the participant’s companies, the core objectives and direct effects of these systems, as well as upon the knowledge and usage of Total Quality …

Front Matter

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Tips For The Pracitioner Seeking To Return To The Academy, Kevin P. Conboy

Transactions: The Tennessee Journal of Business Law

Recently, I made the work status change from practicing corporate attorney (thirty years’ worth) to full-time law professor. This article offers a series of tips for practitioners considering such a transition based on my experiences, in the hope that the lessons I learned (some of them painfully) can ease your pain, or dissuade you from such foolishness. While my target audience is the “seasoned” practitioner (older, that is, not to put too fine a point on it), these tips should be useful or of interest to more junior practicing lawyers looking to make a move to teaching. And I hope …

Here Comes Celotex...And Mcdonnell Douglas: The New Tennessee Summary Judgment Standard And Removal Considerations For Organizational Clients, Michael A. Cottone

Transactions: The Tennessee Journal of Business Law

While an overarching policy of the American judicial system is to adjudicate disputes on their merits, the system may work most efficiently when most disputes are settled between the opposing parties on terms of their own choosing. In modern dispute resolution, lawsuits are rarely taken to the fact finder, and most organizational clients are generally unwilling to accept the risk and uncertainty of a jury trial, preferring instead to work towards a reasonable settlement of disputes. Consequently, the availability of dispositive motions—such as motions for summary judgment—plays a large role in determining the settlement value of claims by potentially reducing …

Does The Absolute Priority Rule Still Apply To Individual Chapter 11 Debtors Post-Bapcpa?, Anthony Mendenhall

Transactions: The Tennessee Journal of Business Law

Section 1129(b)(2) of the Bankruptcy Code codifies a principle known as the “absolute priority rule.” The absolute priority rule requires that creditors receive payment in full before holders of equity can receive or retain any property under a plan of reorganization. The absolute priority rule ensures that a plan of reorganization will not be used to allow equity to benefit at the cost of higher-priority unsecured debt. If left unchecked, a small number of insiders, whether representatives of management or major creditors, may use the reorganization process to gain an unfair advantage. Chapter 11 cases with individual debtors magnifies this …

Measuring Student Progress: Assessing And Providing Feedback, Karen J. Sneddon, Susan M. Chesler, Stacy Bowers, Dana M. Warren

Transactions: The Tennessee Journal of Business Law

No abstract provided.

More On Doctrinal Courses: Integrating Transactional Skills, Lenné Espenschied, Bruce G. Luna

Transactions: The Tennessee Journal of Business Law

No abstract provided.

A Case Study In Transactional Centers And Certificate/Concentration Programs: From Program Design To Student Experience, The Clayton Center For Entrepreneurial Law, Brian K. Krumm, Joan Macleod Heminway, Michael J. Higdon

Transactions: The Tennessee Journal of Business Law

No abstract provided.