Business Administration, Management, and Operations Commons^™

Humanity Constrains Loyalty: Fiduciary Duty, Human Rights, And The Corporate Decision Maker, Malcolm Rogge

Fordham Journal of Corporate & Financial Law

This article considers whether the values contained within the idea of human rights have normative priority over economic values as they are inscribed in shareholder-oriented interpretations of the duty of loyalty in corporate law. While stakeholder theorists have sought to expand the ambit of the fiduciary duty—arguing generally that corporate fiduciary law permits managers to take into account a broad range of stakeholder interests—this article shifts the frame of analysis: It proposes that the range of corporate fiduciary loyalty is constrained by human rights as normative values that are distinct from the strictly economic values that are given primacy in …

The Insider Trading Prohibition Act: A Small Step Towards A Codified Insider Trading Law, Kayla Quigley

Fordham Journal of Corporate & Financial Law

Many have called for reform to insider trading law, as the current judge-made doctrine is ambiguous, complicated, and ultimately permissive of many instances of trading on nonpublic information. Indeed, Congress has attempted several times to pass a uniform insider trading statute. Most recently, in December 2019, the House of Representatives passed the Insider Trading Prohibition Act (“ITPA”). The legislation codifies many current principles of insider trading jurisprudence while also expanding potential insider trading liability. Moreover, it attempts to fix gaps in the law that various cases, such as United States v. Newman, have declined to address.

Among other flaws, …

Who Makes Esg? Understanding Stakeholders In The Esg Debate, Matthew Diller, Stephanie Betts, Lorenzo Corte, David M. Silk, Scott V. Simpson, Lisa M. Fairfax, Carmen X. W. Lu, David H. Webber, Leo E. Strine, Jr., Sean J. Griffith

Fordham Journal of Corporate & Financial Law

No abstract provided.

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review (2017-Present)

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …

J Mich Dent Assoc January 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on “The Dentist’s Role in Recognizing Sleep-Disordered Breathing in Children”.
• A feature article, “Dental Sleep Medicine Education: Do You Want a Nap or a Full Night’s Sleep?”.
• The feature article, “In-office Plans: Where Are We Now? What Have We Learned?”
• News you need, Editorial and regular department articles on MDA Foundation activities, …

The Crossroads Of Wellness And Second Victim Syndrome: Identifying Factors That Alter The Pathway Of Caregiver Recovery Following An Unanticipated Adverse Patient Outcome, Kimia Zarabian, A. Katharine Hindle, Ivy Benjenk, Anita Vincent, Jamil M. Kazma, Benjamin Shambon, Raymond Pla, Eric Heinz

Journal of Wellness

Introduction: Second Victim Syndrome (SVS) describes the phenomenon in which a caregiver experiences a traumatic psychological and emotional response to an adverse patient event or medical error. Using quantitative survey analysis, we aim to better understand the personal factors that affect SVS development and recovery.

Methods: Caregivers at a small urban academic medical center who had experienced an adverse patient event in the past six months were invited to take part in this institution-wide, voluntary, quantitative, cross-sectional study. Three surveys were administered; the Holmes-Rahe Life Stress Inventory (HRLSI) was used as a surrogate to measure stressful life events. The …

J Mich Dent Assoc December 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on “The Dentist’s Role in Recognizing Sleep-Related Breathing Disorders: A Two-Part Series”.
• The “2020 Author/Title Index to the Journal of the Michigan Dental Association”.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, and component news.

This issue also includes three articles reprinted …

J Mich Dent Assoc November 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• Feature articles on how “Routine Blood Lead Testing During Pregnancy Empowers Future Dental Caries and Neurotoxicity Research”, how to “Recoup Your Dues and More with MDA-Endorsed Programs”, and your “2021 MDA Membership Benefits Guide”.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, 10-Minute EBD, Headquarters …

Evo Morales And Electoral Fraud In Bolivia: A Natural Experiment And Discontinuity Evidence, Diego Escobari, Gary A. Hoover

School of Economics and Finance Faculty Publications

This paper uses a unique data set and a natural experiment based on the shutdown in the official preliminary vote counting system to identify and estimate the size of electoral fraud in the 2019 Bolivian presidential elections. The 2016 Constitutional Referendum and the participation of other political parties serve as controls to estimate various difference-in-differences and difference-in-difference-in-differences specifications. The results show evidence of a statistically significant electoral case of fraud that increased the votes of the incumbent Movimiento al Socialismo and decreased the votes of the runner up Comunidad Ciudadana. We estimate that the extent of the fraud is 2.50% …

Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm

Dickinson Law Review (2017-Present)

In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.

Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …

J Mich Dent Assoc October 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story, “Michigan’s New Hypertension Screening Guidelines: What Do They Mean for You?”
• Three feature articles: “The Mask Ask: Understanding and Addressing Mask Resistance”, “An Election-Year Message from Your MDA Dental PAC”, and “How to Respond to Online Reviews Without Violating HIPAA”.
• News you need, Editorial and regular department articles on MDA Foundation activities, …

J Mich Dent Assoc September 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story, “Perspectives from the Deans: Michigan’s Dental Schools in the Time of COVID-19"
• Five feature stories: “There’s a New CDA-to-RDA Pathway in West Michigan”, “We Can Do Something to Meet the Need for More RDAs”, “Coronavirus in the Workplace: Frequently Asked Questions and Answers”, “Statistics Tutorial Part IV: Common Statistical Errors”, and “Preparing …

Knowledge Based View Of University Tech Transfer—A Systematic Literature Review And Meta-Analysis, Clovia Hamilton, Philbin P. Simon

Technology & Society Faculty Publications

Research and technology commercialization at research-intensive universities has helped to develop provincial economies resulting in university startups, the growth of other new companies and associated employment. University technology transfer offices (TTOs) oversee the process of technology transfer into the commercial marketplace and these organizational units can be considered in the context of enabling effective knowledge management. However, what enables productive TTO performance has not been comprehensively researched. Therefore, this research study adopted the knowledge-based view as the theoretical construct to support a comprehensive investigation into this area. This was achieved through employing a systematic literature review (SLR) combined with a …

J Mich Dent Assoc August 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on "Antibiotic Guidelines for Dentistry: Who, When, What, Why, and How to Prescribe”.
• A feature, “Collaboration Is the Wave of the Future: Hospital-Based General Practice Residency”.
• “Taking Advantage of Secondary and Tertiary Evidence”, a feature in the JMDA’s series on evidence-based dentistry.
• “Statistics Tutorial Part III: Interpretation of Forest Plots from Meta …

J Mich Dent Assoc July 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story, “Infection Control Checklist for Dental Offices” that offers a user-friendly checklist to help dental team members comply with current infection control regulations and guidelines, using the most recently available science- and clinical-based evidence gathered from multiple health professional resources.
• A feature story on “Minimizing Aerosols with Non-Surgical Approaches to Caries Management".
• “Evidence-Based …

Made In The Usa: Technological Corporatism, Infrastructure Regulation, And Dupont 1902-1917, Roman Y. Shemakov

Swarthmore Undergraduate History Journal

The turn of the twentieth century radically renewed industrial organization across the United States. Early American corporations -- centralized manufacturing hubs with journeymen and apprentices laboring under one roof -- were seldom prepared for the transformations that scientific management and structural reorganization would bring to social relations. At the helm of World War 1, DuPont became the epitome of broader national restructuring. Through a close relationship with American military industries and legislatures, the DuPont brothers came to represent Business as an inseparable component of the State. While labor historiography has primarily focused on organizers’ relationship with regulators, important segments of …

J Mich Dent Assoc June 2020

The Journal of the Michigan Dental Association

Every month,The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story with an interview with the MDA’s 2020-21 president Dr. Stephen Meraw.
• “Implementing Teledentistry: The Why and How” discusses the background and guidance on this important – and growing – aspect of telehealth.
• “Key Tips in Communicating Evidence in the Clinical Setting”, another feature in our series of articles focusing on evidence-based dentistry. …

Business Ethics: Co-Opting Macro-Influences For Corporate Success, Aaron Loertscher

Marriott Student Review

Business ethics matter. Businesses can and should mitigate the macro-influences that their employees face to promote high ethical values which will in turn maximize shareholder value.

J Mich Dent Assoc May 2020

The Journal of the Michigan Dental Association

Every month,The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on Michigan Dentistry in the COVID-19 Pandemic
• A message from the MDA President
• “Severe Acute Respiratory Syndrome Coronavirus-2: What Dental Professionals Need to Know” a feature on protecting the health of your patients and your dental team.
• “Keep the Lights On: Protecting the Health of Your Practice During the Economic Downturn” a …

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

Dentistry And The Law: Some Legal Considerations When Selling A Practice, Dan Schulte Jd

The Journal of the Michigan Dental Association

Selling a dental practice, whether due to a dentist's passing or a planned sale, requires careful legal considerations. Ensuring a successful sale involves understanding financial dynamics, representation warranties, and post-closing obligations. Special attention must be paid to post-sale employment agreements, indemnity clauses, and non-compete covenants. Unique to dental practice sales is the challenge of securing patient records as collateral due to ethical constraints. In cases of a dentist's demise, non-dentists can manage practice ownership temporarily, preserving its value by engaging dentists until lawful transfer is possible. Legal nuances in these scenarios demand strategic navigation for successful practice transfers.

Staff Matters: 'Constructive Criticism’ Isn’T Constructive At All, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Providing constructive criticism is a delicate art, essential for employee development. Yet, resentment and upset often follow critiques. The key lies in the delivery. This column addresses how to ensure your feedback is productive and helps employees thrive. Avoid raising your voice, embarrassing them publicly, or dismissing their input. Instead, embrace teachable moments. Shift from "constructive criticism" to coaching, focusing on the task, explaining the "why," and maintaining respect. Foster open communication, listen actively, and encourage questions. By reframing feedback as partnership, not parental admonishment, you can cultivate engaged and empowered staff, critical in today's competitive job market.

Dentistry’S Supporting Role For Cancer Patients, Christopher J. Smiley

The Journal of the Michigan Dental Association

Cancer diagnosis overwhelms patients and caregivers. As the spouse of a patient with leukemia who received bone marrow transplant therapy, I share insights into the challenges these patients face. Oral healthcare professionals play a vital role during these trials. Dental teams, often at the oncology's behest, conduct comprehensive exams and treatments before cancer therapy starts. Providing timely and efficient dental care is essential to achieve clearance to proceed with cancer therapy. Dental infections can be catastrophic for these patients who may be immune compromised. Untreated oral issues could lead to hospitalization, jeopardizing treatment schedules. Advocating for patients' financial needs, often …

J Mich Dent Assoc April 2020

The Journal of the Michigan Dental Association

This April 2020 issue of the Journal of the Michigan Dental Association presents original feature content on:

• Oral Health Considerations for Cancer Therapy Patients, with articles on Blood Cancer and Oral Health authored by an expert team from the Leukemia and Lymphoma Society (LLS) and a Review of practical interventions for dental providers to address oral complications in cancer patients, authored by experts from the Ohio State University College of Dentistry.
• We continue our feature series on implementing an evidence-based process into clinical care with an article on developing critical appraisal skills to assess literature authored by Dr. Julie Frantsve-Hawley, …

Staff Matters: Employee Rights And The Whistleblower’S Protection Act, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Staff Matters column on employee rights and the Whistleblower Protection Act.

J Mich Dent Assoc March 2020

The Journal of the Michigan Dental Association

The 75th anniversary of the transformative public health initiative, community water fluoridation, is commemorated in this issue. Originating in Grand Rapids in 1945, its profound impact is explored, emphasizing ongoing celebrations and the imperative of continued advocacy for future generations. The response to the Fling water crisis illustrates colleagues' efforts to restore trust in community water. The publication encompasses insights into the evidence-based dentistry search process and its practical implementation, while offering valuable departmental articles including Dentistry and the Law, Human Resource/Staff Management guidance, and essential updates in News-You-Need.

A Comparison Of Sbir Investment Methods: Afwerx Vs Legacy, Evan A. Gist

Theses and Dissertations

The AFWERX Open Topic (AOT) program uses funding from the United States Air Force’s (USAF) Small Business Innovation and Research (SBIR) budget to adapt commercial technology to USAF needs. The AOT approach to small business investment is markedly different from that of legacy SBIR investment methods. This research is a comparison of processes and outcomes for AOT and legacy SBIR. The first axis of comparison is on commercialization rates. Applying a legacy definition of commercialization on a sample of AOT contracts, we found AOT’s commercialization to be 37% (compared to an 8.8% for legacy SBIR). We caveat this finding by …

Evaluation Of Unm's Parental Leave Policy, Julia Fulghum, Karlyn A. Edwards, Charlie Christian, Steven Verney, Lisa A. Marchiondo, Teagan Mullins

ADVANCE Reports

Experiences with UNM’s parental leave policy C215 have been evaluated using the ADVANCE 2018 Main Campus Faculty Climate Survey, a series of junior faculty interviews, and concerns brought to the ADVANCE leadership. Key findings are:

• Women and STEM faculty are more hesitant to use family-leave policies, and perceive greater disadvantage in using them than men and non-STEM faculty
• Sharing of information about, and implementation of, parental leave varies significantly between units
• The attitude of the department chair and senior faculty strongly influence the experience of faculty who use parental leave
• Appropriately implemented, the parental leave policy contributes to faculty recruitment …

J Mich Dent Assoc February 2020

The Journal of the Michigan Dental Association

Every month,The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on the 2020 MDA Annual Session
• A feature covering student perspectives on the Opioid Crisis
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and the Law, Staff Matters, Headquarters Report, and component news

This issue also includes articles reprinted with permission:

• “Muscle Deprogramming: A Source of Confusion”, …

United States Department Of Defense Acquisition Of Leading-Edge Information Technology Services And The Impact Of Public Market Research On Efficiency And Effectiveness, Thomas Denning

West Chester University Doctoral Projects

This dissertation examines the acquisition of leading-edge IT services (LEITS), like those associated with cyber, agile software development, and cloud migration. In an effort to build on previous research, the purpose of this dissertation is twofold: to examine how Public Market Research impacts the LEITS acquisition process in the DoD and to discover strengths and value-added components that exist in the current government acquisition process leading to greater efficiency and effectiveness. Through a mixed methods approach, this dissertation provides recommendations for how to conduct the most efficient and effective LEITS acquisitions, striving to maximize a constrained budget, minimize time to …