Business Law, Public Responsibility, and Ethics Commons^™

Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg

Northwestern Journal of Law & Social Policy

The Equal Pay Act (EPA) purports to prohibit employers from paying female employees less than male employees with similar qualifications; however, the affirmative defenses provided in the EPA are loopholes that perpetuate the gender pay gap. In particular, the fourth affirmative defense allows for wage differentials based on a “factor other than sex.” Many federal circuits have read this defense broadly to include wage differentials based on salary history. That is, an employer can pay a female employee less than her male counterparts because she was paid less by her previous employer. While salary history was once viewed as an …

A Business Plan For The Fitzgerald Institute, Elaine M. King, Matthew G. Deibel, Matthew J. Bulgrin, Alex Skeen, Stephanie N. Kieke

Williams Honors College, Honors Research Projects

This piece seeks to develop a business strategy for the University of Akron's Fitzgerald Institute for Entrepreneurship. The recommendations given were developed utilizing research on entrepreneurial education and the desires of students at the university.

Do Environmental And Financial Performances Affect Environmental Disclosures? Evidence From Listed Companies In Indonesia, Indah Fajarini Sri Wahyuningrum, Mochamad Arief Budihardjo, Fadel Iqbal Muhammad, Hadrian Geri Djajadikerta, Terri Trireksani

Research outputs 2014 to 2021

© 2020 by author(s) and VsI Entrepreneurship and Sustainability Center. The number of companies in Indonesia that have participated in environmental-related activities continues to grow. Some of these companies have also engaged and implemented an assessment program called Program for Pollution Control, Evaluation, and Rating (PROPER). This assessment program was initially launched by the Indonesian Ministry of Environment in 1995 to measure and rate the environmental performance of companies in Indonesia. They have also administered an environmental management system as part of their environmental protection initiatives. However, the level of environmental disclosure by these companies is still low. This may …

Contextual Influences On Human Resources Development: Considerations And Evaluations On The Various External And Internal Factors That Shape And Influence Hrd In Organisations, Charles Alves De Castro

Articles

This article aims to briefly understand and evaluate the main external and internal factors that impact directly on human resources development area within the organisations, mainly related to multinational companies. Also, it discusses the various aspects and influences on HRD-(Human Resources Development) such as societal, organisational/local, global, that impacts on costs, environment, regulations, policies, culture, beliefs, technology and values. This research was carried out by way of a literature review. This is important to demonstrate, explain and evaluate the current existent literature about this specific theme covered in this article. Furthermore, through this review we compared previous research on HRD. …

Jpmorgan Chase London Whale F: Required Securities Disclosures, Arwin G. Zeissler, Giulio Girardi, Andrew Metrick

Journal of Financial Crises

On April 13, 2012, JPMorgan Chase (JPM) Chief Financial Officer Douglas Braunstein took part in a conference call to discuss the bank’s first quarter 2012 earnings. Coming just a week after media reports first questioned the risks taken by JPM derivatives trader Bruno Iksil, Braunstein made a series of assertions about the trades. On May 10, JPM finalized its first quarter financial results, which included some disclosures regarding Iksil’s trading that were substantially different from Braunstein’s statements of April 13. At issue is whether the regulatory filings on April 13 and May 10, as well as verbal comments by Braunstein …

Jpmorgan Chase London Whale E: Supervisory Oversight, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

As a diversified financial service provider and the largest United States bank holding company, JPMorgan Chase (JPM) is supervised by multiple regulatory agencies. JPM’s commercial bank subsidiaries hold a national charter and therefore are regulated by the Office of the Comptroller of the Currency (OCC). Since the bank’s Chief Investment Office (CIO) invested the surplus deposits of JPM’s commercial bank units, the OCC was also CIO’s primary regulator. During the critical period from late January through March 2012, when CIO traders undertook the failed derivatives strategy that ultimately cost the bank $6 billion, JPM did not provide the OCC with …

Jpmorgan Chase London Whale D: Risk-Management Practices, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

JPMorgan Chase (JPM) prided itself on having the best risk-management practices in the financial industry, having survived the 2007-09 financial crisis in better shape than many competitors. Chief Executive Officer Jamie Dimon often spoke of the bank’s “fortress balance sheet.” A keen focus on risk management is vital to JPM’s longevity, as is the case with all highly leveraged financial institutions. However, the JPM Task Force that investigated the $6 billion 2012 London Whale trading loss concluded that risk-management practices at the bank’s Chief Investment Office (CIO), the unit in which the loss occurred, were given less scrutiny by senior …

Business Ethics: Perspectives On The Global Supply Chain, Andrea R. Irias

Open Educational Resources

This assignment was inspired by a group discussion by faculty who teach the First Year Seminar in Business (BTF101) during the 2018-19 Rebooting the FYS Seminar. BTF101 is a two-credit course that meets for a total of 3 hours. We were tasked with ways to improve course assignments aimed at strengthening students’ Global Learning Competency and Digital Communication Ability. The topic of sweatshops abroad is a proven way to introduce a Global Learning assignment with a business related topic. In order to deepen the students’ learning on the subject, the assignment tasks students with taking on the role of …

Carrots And Sticks Of Whistleblowing: What Classification Trees Say About False Claims Act Lawsuits, Tammy Cowart, Kurt Schulzke, Sherry Jackson

Accounting, Finance, Information Systems, and Business-Law Faculty Publications and Presentations

Whistleblower lawsuits under the federal False Claims Act have markedly increased over the past decade. While the amount of individual settlements and judgments vary, over time the government has paid out an average of about 15% of its recoveries as awards to whistleblowers. This investigation used a classification tree algorithm to analyze a sample of recent False Claims Act qui tam settlements, identifying several factors that distinguish larger settlements from smaller ones. Notably, the public or private status of corporate defendants, the federal judicial circuit in which the case is settled, type of case, case duration, relator status, and whether …

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …

The Effect Of Corporate Visibility On Corporate Social Responsibility, Zhichuan Li, Taylor Morris, Brian Young

Business Publications

Outside of direct ownership, the general public may feel it is an implicit stakeholder of a firm. As the public becomes more vested in a firm’s actions, the firm may be more likely to engage in Corporate Social Responsibility (CSR) activities. We proxy for the public’s stake in a firm with public visibility. Based on 3,400 unique newspaper publications from 1994 to 2008, we measure visibility for the U.S. S&P 500 firms with the frequency of print articles per year concerning the firm. We find that visibility has a signficant, positive relationship with the CSR rating. Evidence also suggests this …

Product Categories As Judgment Devices: The Moral Awakening Of The Investment Industry, Diane-Laure Arjaliès, Rodolphe Durand

Business Publications

Product categories are more than classification devices that organize markets; when reflecting market actors' purposes, they are also judgment devices. Taking stock of the literature on product categories and drawing on the distinction between the faculties of knowing and judging, we elaborate a framework that accounts for how and why market actors include or exclude normative attributes in a product category definition. Based on a field study of the development of Socially Responsible Investment (SRI) funds in France, we describe the phases and conditions of a judgment framework for category definition, for both established and nascent categories. We discuss implications …

College Of Business Dean's Report: 2018-2019, Ryan Butt

College of Business Dean’s Reports

No abstract provided.

Uber’S Strategy Of Disruptive Innovation: The Implications Of Negative Press, Margaret M. Taylor

Honors Projects

In the last ten years of Uber’s existence the company has become a household name. Through their journey in becoming so well-known, they have had both positive and negative press that has affected how the world has seen them. While they have spent the last ten years revitalizing the taxi and limousine service industry, they have also consistently dealt with the changing perception of the public. Their fairly large number of scandals has not forfeited their industry leading position to Lyft, nor has it negatively affected their financial benefits. Uber’s radical disruptive innovation provided them with a clear sustainable advantage, …

Illness And The American Workplace: Issues And Implications For Employers And Employees, Victoria R. Dolan

Student Theses and Dissertations

This project aims to identify American employee experiences and existing workplace policies and cultures surrounding illness, disability, and sick leave. This approach was taken in order to closely examine what looks to be working well for companies and workers, and what could benefit from a more human centric approach in regards to workplace policy and employee support programs. The study of employee experiences in particular represents a gap in the current scholarly literature regarding illness and illness policy in the American workplace, and more accurately represents the experiences for both employees and employers. Furthermore, it assists with distinguishing the types …

Authentic Csr In Professional Sport Organizations: Application Of A Theoretical Framework, Yoseph Mamo

LSU Doctoral Dissertations

Within the present dissertation, determinants for authentic CSR, process and outcomes are explored. A three-paper multiple method examination has been conducted, including a conceptual paper framework (Chapter 2), a structural equation model (Chapter 3), and MANOVA analysis (Chapter 4). Chapter 2 extends literature on when, why, and how professional sport organizations (PSO) can develop authentic CSR activities that can have a long-term positive impact on stakeholders. Chapter 3 advances literature on identifying the relevant dimensions of CSR that are supported by the fans rather than using a more holistic approach will advance our understanding of the relationships between different types …

The Performance Of Military Defense Contracted Companies After September 11th, 2001: The Case Of Politically Connected Companies, Derek J. Larsen

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

This paper examines the effect that the terrorist attacks on September 11^th, 2001 had on the stock prices of companies within the military defense industry. In addition, this paper studies the effect of the defense firms’ political engagement (through lobbying activities) and how this affected the stock price response to the terrorist attacks. Our study finds that the cumulative abnormal returns of these companies are positively significant and that companies who lobbied experienced higher returns relative to those who did not lobby.

Evaluating The Impact Of Training Employees To Identify Victims Of Human Trafficking, Emily Roman

Electronic Theses and Dissertations

Human trafficking is a global epidemic that steals the freedoms away from those who have been oppressed by it. Providing victims with resources begins with identifying them. Unfortunately, identifying victims is not an easy task. Trafficked victims are controlled and protected by their traffickers, and recipients may not even realize that they are victims of human trafficking. Also, the vague nature of trafficking makes it difficult for service providers, such as those in law enforcement, healthcare, and social services, to identify victims readily. Furthermore, research efforts imply a general lack of training provided for employees to know how to identify …

Retention, Matthew Molinaro

The Review: A Journal of Undergraduate Student Research

Employee retention in the 21th century reflects how companies keep their employees motivated and well prepared for the challenges in the workplace. In this paper, I apply the concepts of motivation and how employers keep their employees. I also emphasize the costly effects of a employee leaving the organization, both as a dollar and emotional standpoint.

Masterpiece Cakeshop: A Case Study Brought To You By The U.S. Supreme Court, Edward J. Schoen

Rohrer College of Business Departmental Research

In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission,[1] the U.S. Supreme Court ruled seven to two that the Colorado Civil Rights Commission (“the Commission”) violated the free exercise rights of a baker, who refused to sell a custom-designed wedding cake to a gay couple, by reflecting hostility toward the baker’s religious beliefs during public hearings in the case and treating him differently from three other bakers who objected to creating wedding cakes with messages expressing derogatory views of same-sex marriage.[2] In reaching its decision, the Court sidestepped the chore of reconciling two fundamental principles: (1) whether …

The Velocity Of Risk, Sridhar Ramamoorti, James H. Wanserski, Richard Stover

Accounting Faculty Publications

Only a few decades ago, the onset of problematic risk events often was slow, and organizations handled the corresponding aftermath over a manageable time frame. Organizations armed with extensive public relations resources responded to most postevent crises after planning and analyzing thoughtful responses. Additionally, organizations carefully calculated their transparency with stakeholders regarding the event to manage its impact on the organization. Fast forward to today, and the pace of information is almost instantaneous. For example, when a popular U.S. fast food restaurant chain experienced an outbreak of E. coli-infected lettuce, its stock price decreased 44 percent within 90 days amid …

Rethinking The Obvious: Time For New Ideas On Medical Malpractice Tort Reform, Jarred Gerlach, Bukola Abodunde, Marc D. Sollosy, Alberto Coustasse

Management Faculty Research

States have engaged in medical malpractice litigation reforms over the past 30 years to reduce malpractice insurance premiums, increase the supply of physicians, reduce the cost of healthcare, and increase efficiency. These reforms have included caps on non-economic damages and legal procedural changes. Despite these reforms, healthcare costs in the U.S. remain among the highest in the world, provider shortages remain, and defensive medicine practices persist. The purpose of this study was to determine how successful traditional medical malpractice reforms have been at controlling medical costs, decreasing defensive medicine practices, lowering malpractice premiums, and reducing the frequency of medical malpractice …

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Escape For Boone & Crocket, William K. Foxx, Joseph W. Giese, David W. Van Buskirk

Atlantic Marketing Association Proceedings

No abstract provided.

Retailer Dress Codes And The Law: Employee Religion, Kelly Atkins

Atlantic Marketing Association Proceedings

No abstract provided.

Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez

Indiana Journal of Global Legal Studies

Under U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice's U.S. Attorneys' Manual lays out a list of factors prosecutors can evaluate when deciding whether or not to prosecute a corporate entity. The Department of Justice (DOJ) prosecutors have various tools at their disposal, including deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) as alternatives to going to trial. Prosecutors have used DPAs and NPAs in recent cases, allowing the government to ensure that corporate entities comply with investigations, enact compliance programs, and continue to follow laws …

Navigating Sino-American Business Relationships, Ryan Stenquist

Marriott Student Review

Relationships between American and Chinese companies have never been more important or profitable as they are now. With linguistic, moral, governmental, and legal systems developed entirely independent of each other for thousands of years, these relationships also prove the most difficult and complex to navigate. This article explores mistakes foreigners often make while doing business in China, the current environment and culture of joint ventures with native Chinese, and how to succeed in the challenging yet rewarding economy now opening up to the world.

Accountability And Moral Competence Promote Ethical Leadership, Kassem A. Ghanem, Patricia A. Castelli

The Journal of Values-Based Leadership

Accountability and moral competence are two factors that may have a positive effect on ethical leadership in organizations. This study utilized a survey methodology to investigate the relationship among accountability, moral competence and ethical leadership in a sample of 103 leaders from a variety of industries and different countries. Accountability was found to be a significant positive predictor of ethical leadership. Moral competence was also found to moderate this relationship such that increases in moral competence enhanced the positive effects of accountability on ethical leadership. The results of the study suggest that organizations can increase ethical leadership throughout the company …

List Voting’S Travels: The Importance Of Being Independent In The Boardroom, Maria Lucia Passador

Fordham Journal of Corporate & Financial Law

The life of the law, especially with regard to corporations, is strongly influenced by experience and practice. The board, a living element of corporate law, is therefore one of the most noteworthy aspects to be studied, given its relevant implications and role as the lifeblood of scholarly debates.

This Article offers a novel contribution to the assessment of list voting, a fairly unique Italian system that has been increasingly appreciated by institutional investors. A hand-picked dataset that stretches from 2005 to 2015 shows a positive correlation between minority-appointed directors in the boardroom and dividend payouts. Furthermore, the findings shed light …

Securities Disclosure As Soundbite: The Case Of Ceo Pay Ratios, Steven A. Bank, George S. Georgiev

Faculty Articles

This Article analyzes the history, design, and effectiveness of the highly controversial CEO pay ratio disclosure rule, which went into effect in 2018. Based on a regulatory mandate contained in the Dodd-Frank Act of 2010, the rule requires public companies to disclose the ratio between CEO pay and median worker pay as part of their annual filings with the Securities and Exchange Commission (SEC). The seven-year rulemaking process was politically contentious and generated a level of public engagement that was virtually unprecedented in the long history of the SEC disclosure regime. The SEC sought to minimize compliance costs by providing …