Business Law, Public Responsibility, and Ethics Commons^™

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.

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 …

Does The Legal System Affect The Cost Of External Financing? Evidence From Ipo Underpricing Of Foreign Firms Listed In U.S. Stock Markets, Shaokang Wang, Jing Jiang

WCBT Faculty Publications

To study the effect of the legal system on the cost of external financing, we examine the degree of underpricing of the IPOs by foreign companies listed in U.S. We find that firms from highly corrupted countries have larger IPO underpricing. The quality of the home-country public law enforcement reduces the degree of IPO underpricing. In particular, the criminal sanction for violations of securities laws is the most significant factor in reducing underpricing. The evidence shows that even when a non-U.S. firm meets sophisticated U.S. regulations and goes public in a U.S. exchange, the degree of underpricing is still influenced …

Free Trade And Corporate Social Responsibility: Ethical Dilemmas In Global Economic Development, Sarah Papion

Capstone Projects and Master's Theses

Through the lens of the free-trade-optimist, it is black and white: corporations bring jobs, and jobs equal a happy and healthy economy. A major oversight in this neoliberal Utopian ideology is that corporations are not in the business of building communities, nor do they have an interest in keeping their operations stationary enough to allow economic growth to occur over a span of years. Corporations abandon communities as quickly as they arrive to find their next cheap labor hub. Quite contradictory to the original purpose of free trade, economic growth in Free Trade Zones is not long term or secure. …

The Evolution Of The International Corporate Tax Regime, 1920-2008, Richard Woodward

Books/Book Chapters

No abstract provided.

A Cross-Cultural Examination Of The Effect Of Employer Support On Employee Productivity, Shawn Tuman, Haley Lipton

Senior Honors Projects, 2010-2019

The purpose of this creative, collaborative, capstone project is to conduct a cross-cultural examination of the effect of employer support on employee productivity by compiling, examining, and synthesizing conclusions from existing research. In a world of growing globalization and technological innovation, the speed of productivity is often the cornerstone that differentiates successful businesses from unsuccessful businesses, providing a competitive advantage to the quick while the others fall behind. Often this increased level of efficiency comes at a cost beyond the price of the product and the salary of employees, a deeper, psychological cost. By reviewing research focused in the United …

Money And Morality: Pathways Toward A Civic Stewardship Ethic (2012), Marcy Murninghan

New England Journal of Public Policy

Based on a plenary presentation made at the Ninth Harvard University Forum on Islamic Finance, held at Harvard Law School in 2010, less than two years after the 2008 financial crisis, this article argues for the restoration of ethical values and civic commitments in capitalism and economic enterprise, drawing on traditional religious, theological, and philosophical principles regarding the civic moral obligations associated with building and managing wealth. The article is divided into three main parts. It begins with an overview of reform measures emanating from the financial debacle, including the Dodd-Frank Wall Street Reform and Consumer Protection Act, and an …

Corporate Civic Responsibility And The Ownership Agenda: Investing In The Public Good (1994), Marcy Murninghan

New England Journal of Public Policy

This article seeks to provoke broader public discussion about ways in which human and ecologic dignity, prosperity, and the civic ideal can be advanced through a revitalized and principled ownership agenda that features greater levels of corporate accountability and civic virtue. It draws from portions of what then was called an “Occasional Paper,” part of a series emanating from the early days of the University of Massachusetts Boston’s McCormack Graduate School of Policy and Global Studies. Written in 1994, it introduces a new paradigm for corporate governance called the “corporate covenant,” which casts ownership within the framework of citizenship. These …

Equity Culture And Decent Work: The Case Of Amazon (2017), Marcy Murninghan

New England Journal of Public Policy

Every year, publicly traded companies hold annual meetings at which management presents a summary of the year’s accomplishments and shareholders vote on a slate of ballot issues, referred to as “proxy resolutions,” that are placed there by either management or shareholders. As in public life, in theory this form of corporate governance relies on a division of authority and checks and balances among shareholders, the board of directors, and company management. In theory, shareholders function much like registered voters, boards serve as their elected representatives, and management operates much like the executive branch to carry out the mandates accorded to …

Entrepreneurship Education Empowers Youth To Change Their Lives, Marianna Brashear, Jason Riddle

National Youth Advocacy & Resilience Conference

The Foundation for Economic Education (FEE) aims at equipping Title 1 schools with free, hands-on, engaging materials that any teacher can facilitate either individually or in a classroom setting with no background in entrepreneurship necessary. These versatile lessons, courses, and workshops teach the entrepreneurial mindset optimizing opportunities for grades 8-12 students no matter which life/career path they choose.

You Can Run But You Can’T Hide: The Advance Of Shareholder Activism, Kendall Greenberg

CMC Senior Theses

Shareholder activism has exploded in popularity since the turn of the century, due in large part to impressive relative returns generated by its major participants. The result has thus been a surge in assets invested in the category, to in excess of $170 billion today up from less than $3 billion in 2000 (Inglis 2015; Romito 2015). This influx of capital, in absolute dollars and pace of growth, has caused many to wonder whether activists truly create shareholder value and, if so, if the value generated is sustainable. Numerous studies of activist interventions prior to 2009 reveal significant stock price …

Rhetoric And Authority In A Polarized Transition: The Development Of China’S Stock Market, Yuan Li, Sandy E. Green, Paul M. Hirsch

School of Economics and Business Administration Faculty Works

How do actors in positions of authority attempt to justify their right to rule while introducing controversial institutional practices that potentially delegitimate their authority? China’s reform leaders have found themselves in a legitimacy conundrum when they established and developed the stock market, yet have been able to assert a central role for the party-state in managing the stock market. Using a critical rhetorical perspective, we analyze how actors use “rhetorical genres,” that is, argumentation and narration with differing content and style, to construct new roles of the speaker and speaker–audience relationships that imply new bases of authority, and how these …

John Lee Hancock, The Founder (2016), Alejandro Hazera

Markets, Globalization & Development Review

No abstract provided.

Disrespecting The Minimum Wage: How States Limit The Opportunity For Restaurant Workers To Support Themselves, Samantha Pereira

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the inequality in the restaurant industry in America. It focuses specifically on the tipped minimum wages in different states compared to the real minimum wage and looks into the gender and racial inequality present in restaurants. The first section analyzes the history of tipping and what it has become in the United States. The paper then moves to describe different struggles that tipped workers in the restaurant industry have to face. The paper also discusses different arguments to raising the tipped minimum wage and compares states with a tipped minimum wage and states without a tipped minimum …

Is "Help" Helpful?: Analyzing Foreign Aid In Context Of Scale, Catherine Hull

Undergraduate Research and Scholarship Symposium

Foreign aid comes in many forms. Foreign aid ranges from large-scale disaster relief to small-scale individual projects within communities. Most aid efforts have the same goal – to help those who would benefit from assistance. This case study addresses the question: what form of ‘help’ is helpful? Which type of aid best achieves what it sets out to accomplish?

To directly analyze the effect of foreign aid on a region, the water-conscious organization Pure Thirst traveled to the rural community of Olkokola, Tanzania. Pure Thirst worked alongside the community members to provide a form of humanitarian aid: improved water services …

Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits

Indiana Journal of Global Legal Studies

A central question in the debate on corporate social responsibility is to what extent CSR codes can be enforced among private parties. This contribution argues that this question is best answered by reference to the applicable doctrinal legal system. Such a doctrinal approach has recently regained importance in American scholarship, while it is still the prevailing method of legal analysis in Europe. Applying a doctrinal analysis of CSR codes allows for the possibility of private law enforcement, that is, enforcement by means of contract or tort, dependent on three different elements: the exact type of claim that is brought, the …

Corporate Codes In The Varieties Of Capitalism: How Their Enforcement Depends On The Differences Among Production Regimes, Gunther Teubner

Indiana Journal of Global Legal Studies

Globalization has reinforced the conflicts among the varieties of capitalism. The colliding units are not just nation states, but transnational production regimes, which cut through national boundaries. The conflicts lead global corporate codes, which are developed by international organizations, to take different directions when they are concretized on the enterprise level. They will be differently enforced according to whether they are located in Liberal Market Economies (LME), adapted to the New Sovereignty of enterprises, or in Coordinated Market Economies (CME) with greater components of social welfare state and economic democracy.

Different patterns of enforcement emerge particularly when the courts have …

Essays In Corporate Responsibility And Finance, Mert Demir

Dissertations, Theses, and Capstone Projects

This dissertation consists of three chapters:

Chapter 1: The Effects of Corporate Social Performance and Social Norms on Market Valuation of Nonfinancial Disclosures Using a novel measure of the quality of corporate social responsibility (CSR) disclosures by global companies, this paper analyzes how CSR report quality affects firm value when mediating roles of social pressure and CSR performance are considered. I find that firms operating in socially controversial industries enjoy higher valuations when they issue high-quality CSR reports. I also find that for firms with poor CSR performance, higher-quality CSR disclosure is associated with a decline in firm value, while …

Production Of Energy And Environmental Protection As A Prerequisite For Sustainable Development, Diana Baus

Dissertations, Theses, and Capstone Projects

This paper explains why renewable energy is a prerequisite for sustainable development. The development of renewable energy sources is important because renewable energy sources have a very important role in reducing emissions of carbon dioxide (CO₂) into the atmosphere, eradicate poverty and increase the employment rate. In the first section the paper introduces renewable energy sources. The focus is on the function of solar energy, wind power, biomass, geothermal energy, and hydroelectric energy and their implementation globally. The second part of the paper elaborates on the economic, political, and social aspects for the development of renewable energy sources. …

Wanted: Positive Arguments For Markets, Jeffrey Moriarty

Philosophy Faculty Publications

Many people believe that some things, like kidneys or sex, should not be for sale. Let us call these things “contested commodities.” Against this, Brennan and Jaworksi defend “markets without limits” (hereafter: MwL). According to this thesis: “If you may do it for free, you may do it for money.” Since we can give away our kidneys for free and have sex for free, we should be able to do these things for money. Brennan and Jaworksi deftly blend rigorous philosophical argument with the latest research in social science to counter some of the most prominent against commodification. But, I …

Luck, Justice And Systemic Financial Risk, John Linarelli

Scholarly Works

Systemic financial risk is one of the most significant collective action problems facing societies. The Great Recession brought attention to a tragedy of the commons in capital markets, in which market participants, from first-time homebuyers to Wall Street financiers, acted in ways beneficial to themselves individually, but which together caused substantial collective harm. Two kinds of risk are at play in complex chains of transactions in financial markets: ordinary market risk and systemic risk. Two moral questions are relevant in such cases. First, from the standpoint of interactional morality, does a person have a moral duty to avoid risk of …

The Strategic Potential Of Community-Based Hybrid Models: The Case Of Global Business Services In Africa, Stephan Manning, Chacko G. Kannothra, Nichole K. Wissman-Weber

Management and Marketing Faculty Publication Series

As a latecomer economy, Africa faces persistent difficulties with catching up in global markets. This study examines the strategic potential of community-based hybrid models, which balance market profitability with social impact in local communities. Focusing on the global business services industry in Kenya and South Africa, and the practice of ‘impact sourcing’ – hiring and training of disadvantaged staff servicing business clients – we find that while regular providers struggle to compete with global peers, hybrid model adopters manage to access underutilized labor pools through community organizations, and target less competitive niche client markets. We further identify key industry, institutional …

Gleaning As A Transformational Business Model For Solidarity With The Poor And Marginalized, Bruce D. Baker

SPU Works

“Gleaning” refers to the mandate within the Mosaic Law that harvesters should leave behind “gleanings” for the sake of the poor who subsist on the literal and figurative margins of society. Although this biblical mandate is generally neglected and considered irrelevant in modern business practice, it holds powerful lessons to help guide modern businesses into transformational solidarity with the poor and marginalized. This paper interprets the biblical significance of gleaning, to discern how the principles of gleaning, though rooted in ancient agrarian culture, might be applicable to modern business which is generally far removed from agriculture. The exegesis and analysis …

Electronic Waste And Sustainability: Reflections On A Rising Global Challenge, Bipul Kumar, Kalyan Bhaskar

Markets, Globalization & Development Review

Globalization, technological advancements, advent of the internet, near-universal availability of mobile phones and changing consumer preferences have led to a boom in the electrical and electronics industry. Such products are now available in almost all countries of the world. The increased availability and consumption of electronic products have also led to rapid rise in the volumes of electronic waste (e-waste) globally. Markets have traditionally not paid sufficient attention to post-consumption behavior for electronic products and hence safe disposal and management of e-waste has always remained a critical issue. There are significant sustainability issues related with e-waste at local as well …

Better Work And Global Governance, Paul Alois

Dissertations, Theses, and Capstone Projects

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal …

Corporate Responsibility In Peace Building, Conflict Prevention And Development: The Role Of The Mining Sector In Ghana, Abdul Karim Issifu

Journal of Interdisciplinary Conflict Science

This article seeks to explore the role of the mining sector in peace building, conflict prevention and community development in Ghana. After thoroughly reviewing secondary data, including articles, books, journals, newspapers, etc., via critical document review and qualitative research approaches the research found that, there is no legal document on CSR in Ghana, yet mining companies in a free will, have executed CSR programs laying down for peace, security and development in the country. More so, this article provides a theoretical support for the Integrative theory of CSR on the basis that, the socio-economic, political, cultural and environmental needs of …

Brokers And Investment Advisors, Nathaniel Phillip Graham

Theses and Dissertations--Finance and Quantitative Methods

Brokers and investment advisors are a large and important part of the financial industry. Using a novel data set that includes the majority of the financial advisory industry, in this dissertation I document the size of the financial advisory industry and the prevalence of customer complaints in the industry, which I use as a proxy for misconduct. I then test for two potential drivers of advisors’ misconduct: professional standards in the form of fiduciary responsibilities and influence from social networks. I find that variation in fiduciary duties—specifically fiduciary versus suitability standards— does not appear to affect advisors’ propensity for misconduct. …

Proximity To Children: A Geospatial Approach To Understanding The Relationship Between Fast Food And Schools, Andrew Atwong

CMC Senior Theses

In a time when Americans are waking up to the health consequences of consuming fast food, researchers have discovered that fast food restaurants seem to be located in greater concentrations near primary or secondary schools. While this phenomenon affects the food environments of some children and carries implications as to their short term and long term health (which has also been well researched), this paper focuses primarily on fast food restaurants that are within walking distance of schools. Using Geographic Information Systems (GIS) to integrate geospatial, business, demographic, and food quality data, I use linear regressions to examine whether and …

Innovation And Institutional Quality On Economic Growth In Asia, Nguyen Tran-Nguyen

Honors Projects in Economics

When looking at the different effects of institutional quality on economic development, namely control of corruption, there are two different hypotheses that explain such effects. One is the “grease the wheel” hypothesis, which predicts that corruption is beneficial for growth, and the other one is the “sand the wheel” hypothesis, which says the opposite. Corruption is normally blamed for the slow economic growths in some countries, but some Asian countries’ exponential growths have proven the “grease the wheel” hypothesis otherwise. The “Asian experience”1 phenomenon occurs when corruption does not seem to hamper business activities in some Asian countries. This research …

Documento Conceptual Sobre Redes De Excelencia Para La Investigación Y La Educación, Suresh V. Garimella, David B. Janes, Anne Slaughter Andrew

PPRI Digital Library

“Redes de Excelencia” focalizadas permitirán que las instituciones en América Latina desarrollen ecosistemas de investigación y educación de un modo mucho más rápido que si siguieran procesos "orgánicos" o locales. Una vez implementados, estos ecosistemas no solo permitirán profundas transformaciones que lleven a economías basadas en el conocimiento, sino que también desempeñarán roles claves en las redes necesarias para los sistemas de innovación regionales.

Para acelerar el desarrollo de ecosistemas de investigación y educación en toda América, los autores proponen establecer “Redes de Excelencia” en las áreas claves. Cada Red de Excelencia será multiinstitucional, multisectorial (universidad, empresa, gobierno, ONG) y …