Business Law, Public Responsibility, and Ethics Commons^™

Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter

Seattle University Law Review

Readers game enough to work through all three hundred pages of The Modern Corporation and Private Property looking for insights on corporate law today encounter two, apparently contradictory, lines of thought. One line, set out in Books II and III, resonates comfortably with today’s shareholder-centered corporate legal theory. Here the book teaches that even as ownership and control have separated, managers should function as trustees for the shareholders and so should exercise their wide-ranging powers for the shareholders’ benefit. The other line of thought emerges in Books I and IV, where The Modern Corporation encases this shareholder trust model in …

Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii

Seattle University Law Review

In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we shall see, however, the claim that AT&T was a leading example of the separation of ownership from management is incomplete. More importantly, the common interpretation of Berle and Means’ work is mistaken, placing the emphasis incorrectly on the number of shareholders and reading …

Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard Painter

Seattle University Law Review

This essay, published in a symposium on the work of Adolf Berle, approaches the Berle-Dodd debate from the perspective that corporate managers have responsibilities beyond pursuing the interests of shareholders. Stock based executive compensation, designed to align managers’ interests with those of shareholders, has, in the investment banking industry in particular, failed to avert, and may have caused, managers (in this case, bankers) to take excessive risks that in the present financial crisis inflicted great damage on creditors and on society as a whole. We describe here the broad outlines of a proposal that we will discuss in future publications …

Enumerating Old Themes? Berle’S Concept Of Ownership And The Historical Development Of English Company Law In Context, Lorraine E. Talbot

Seattle University Law Review

This paper offers some tentative suggestions as to why Berle’s work has been read and interpreted so selectively in the United Kingdom. I suggest that this must be partly attributable to the historical developments in English company law that entrenched the notion of shareholder ownership claims. Specifically, unincorporated associations’ normative values—that members are owners and there is no distinction between small organizations with no share dispersal and large organizations with wide share dispersal—have a continuing influence on this entrenched notion of shareholder ownership claims. First, I provide an overview of the origins of English company law. Next, I address how …

Ethics, Evidence And International Debt, Julie A. Nelson

Economics Faculty Publication Series

The assumption that contracts are largely impersonal, rational, voluntary agreements drawn up between self-interested individual agents is a convenient fiction, necessary for analysis using conventional economic methods. Papers prepared for a recent conference on ethics and international debt were shaped by just such an assumption. The adequacy of this approach is, however, challenged by evidence about who is affected by international debt, how contracts are actually made and followed, the behavior of actors in financial markets, and the motivations of scholars themselves. This essay uses insights from feminist and relational scholarship from several disciplines to analyze the reasons for this …

Taxing Under The Influence? : Corruption And U.S. State Beer Taxes, Per G. Fredriksson, Stephan Gohmann, Khawaja Mamun

WCBT Faculty Publications

This article examines the effect of state level corruption on state beer taxes in the United States. Our lobby group model predicts that corruption reduces the beer tax, but this effect is conditional on the level of alcohol-related vehicle deaths. Using a panel of state level data from 1982 to 2001, we find that increased corruption is associated with lower state beer tax rates. The magnitude of the effect, however, declines with increases in alcohol-related traffic deaths. Our findings suggest that future empirical work estimating the effect of alcohol taxes on alcohol-related traffic fatalities should treat alcohol taxes as endogenous.

The Impact Of Terrorism On Business, Michael D. Larobina, Richard L. Pate

WCBT Faculty Publications

Terrorism has in one form or another been a part of society throughout history. Since the September 11, 2001 attacks in New York, the world community has been more focused on terrorism than ever before in most recent modern history. Terrorism has impacted multiple levels of society across the world community. One of those levels is the business environment. A specific aim of terrorism is to disrupt and destroy ongoing businesses. Therefore, the ability of governments to disrupt and destroy terrorism is essential to the continued growth and expansion of the world economy. Terrorism will directly impact a country's ability …

The Injustice Of Justice: The Pursuit Of A Harmonious, Just, And Merciful World, Robert W. Boyle

Pell Scholars and Senior Theses

There is no one universal definition of Justice. Such a limited view of right and wrong conflicts with our infinitely diverse world. The key to a harmonious global community is that justice is malleable and fluid, similar to water, where it can take the shape of its environment while still retaining the properties of fundamental rights. Our world will never come to a universal agreement on justice, due to the deeply embedded cultural beliefs and differing views, so a single understanding of justice is impossible. If the world can have a baseline understanding of right and wrong and the flexibility …

Csr Singapore Style, Thomas Thomas

Social Space

How well have Singapore companies embraced CSR beyond merely obeying national policies and laws? Thomas Thomas surveys the local CSR landscape and examines the current state of affairs.

Economic Recession And Corporate Social Responsibility (Csr) In Singapore, Peter Shergold

Social Space

As the global financial crisis deepens, many are questioning the relevance of corporate commitment to CSR. In this article, Professor Peter Shergold argues how CSR needs to be embedded into the business strategy of the corporate world in good times and bad.

Tobacco Politics And Electoral Accountability In The United States, Per G. Fredriksson, Khawaja Mamun

WCBT Working Papers

This paper investigates whether reputation-building strategies guide U.S. governors’ state cigarette tax choices, and whether the federal cigarette tax influences such behavior. Using 1975-2000 data, we find evidence that governors in states with relatively important agricultural tobacco production and tobacco manufacturing, and which are densely populated by smokers, appear prone to reputation-building. Moreover, lame ducks are more prone to raise the state cigarette tax the lower the federal tax.

Gubernatorial Reputation And Vertical Tax Externalities: All Smoke, No Fire?, Per G. Fredriksson, Khawaja Mamun

WCBT Working Papers

This paper investigates whether reputation-building strategies guide U.S. governors’ responses to changes in federal cigarette taxes (i.e. vertical tax interactions). Using 1975-2000 state cigarette tax data, we find that reputation-building strategies affect the nature of vertical tax externalities. Lame duck governors exhibit a more negative response to changes in the federal cigarette tax. Thus, by reducing the state tax base and by causing a decline in the state tax, an increase in the federal tax rate reduces state tax revenues in states headed by lame ducks.

Migration, Trade, And Development, Federal Reserve Bank Of Dallas, The Tower Center For Political Studies, Southern Methodist University, Department Of Economics At Southern Methodist University, Jno E. Owens Foundation

eBooks

"Migration and trade are more prevalent today than ever before in the history of the world. The United States is the recipient of about one-third of the world’s migrants and accounted for a quarter of the world’s output and 13 percent of the world’s trade in 2005. But the global significance of the U.S. economy is slowly declining, and while the effects of migration and trade on the U.S. economy have been examined time and again, questions concerning the impact of migration and trade on development in low-income countries are of growing importance.

Simple, neoclassical economic models predict that prices …

North American Business Strategies Towards Climate Change, Charles Jones, David Levy

Management and Marketing Faculty Publication Series

Business has become a key part of the fabric of global environmental governance, considered here as the network which orders and regulates economic activity and its impacts. We argue that businesses generally are willing to undertake limited measures consistent with a fragmented and weak policy regime. Further, the actions of businesses act to create, shape and preserve that compromised regime. We examine three types of indicators of business responses in North America: ratings by external organizations, commitments regarding emissions, and joint political action. We find business response to be highly ambiguous, with energetic efforts yielding few results.

The Impact Of Standardized Testing On Student Performance In The United States, Stephanie Linden

Pell Scholars and Senior Theses

In the United States, the current trend in education is the dependence on standardized testing to improve our current education system. The No Child Left Behind Act of 2001 mandates higher test scores and improved academic performance in schools nation-wide, especially inner city schools. This thesis will attempt to evaluate whether standardized testing and the methods used to assess high performance has helped to create a better education system in the United States, or whether it has hindered student performance. There has been much discussion about this topic, some positive and some not. In this paper I will present both …

Electrochemical Detection Of Prostate Carcinoma Biomarkers Using Nanotechnology, Kathryn Leonard

Pell Scholars and Senior Theses

The first chapter of this thesis speaks about prostate specific antigen, carbon nanotubes and horseradish peroxidase. The second chapter discusses the electrochemistry and catalysis of horseradish peroxidase (HRP) and myoglobin (Mb) covalently attached to vertically aligned carbon nanotube arrays used as a tranducer. Cyclic voltammetry results gave quasi-reversible FeIII/FeII voltammetry and electrochemical catalysis involving catalytic reduction of hydrogen peroxide for both the iron-heme enzymes in myoglobin and horseradish peroxidase coupled to the carboxylated ends of the carbon nanotube arrays by amine bioconjugation reactions. Reduction peak currents gave linear relationships with scan-rates, typical of thin layer voltammetry. Results suggest that the …

Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center

Water

Stormwater utilities are a concept whose time seems to have arrived. Established by relatively few communities in the 1970s as a method of funding flood control measures, stormwater utilities now exist in over 400 municipalities and counties throughout the United States. During the next 10 years, their numbers are expected to swell dramatically – by one estimate to over 2,000 by the year 2014.

The reasons for this growth are multifold. Federal stormwater regulations passed in the 1980s (Phase I of the National Pollutant Discharge Elimination System Program, or NPDES), motivated many larger communities to seek alternative funding sources and …

"Offshore” Or “Shorn Off”: The Oecd’S Harmful Tax Competition Initiative And Development In Small Island Economies, Richard Woodward

Books/Book Chapters

The difficulties of developing and executing a sustainable development program in Small Island Economies (SIEs) are well documented. Comparatively small domestic markets, remote export markets, a dearth of natural and human resources, susceptibility to environmental change and natural disasters, plus limitations on the state’s capacity to govern economic activity have narrowed the range of feasible development strategies resulting in a reliance on sectors vulnerable to the vicissitudes of the global economy.

All Party Oireachtas Committee On The Constitution Ninth Progress Report, Tom Dunne

Reports

Ireland, like many other countries with high rates of economic growth, is urbanising rapidly. There has been considerable emphasis on planning for this through the National Development Plan, the National Spatial Strategy, development guidelines and other measures. Through these the state intends that a proper planning process will lead growth rather than leaving it to market forces to drive development in what are regarded as undesirable directions. The latter it is feared will lead to unsuitable social, economic or physical outcomes. Unintended results have flowed from the implementation, or flawed implementation of many of these policies and have given rise …

Tackling Corruption And Promoting Accountability, Jayaprakash Narayan

IIMB Management Review

Ethics in public life in India has to take cognisance of the issues of corruption, lack of transparency and accountability. Dr Jayaprakash Narayan, National Coordinator of the Lok Satta movement holds that enlightened public opinion and informed and collective citizen assertion are the basis of a successful fight against corruption. The specific strategies he suggests are: comprehensive electoral reforms to make election funding transparent and accountable, to curb criminalisation and polling irregularities, and to ensure that honesty and survival in public office are compatible; empowerment of local governments and stakeholders in a way that there are clear links between citizens’ …

Corporate Governance And Political Ownership, David Seong Wei Lo

Student Works (2000-2009)

This paper makes an attempt to study the concept of corporate governance in a political ownership environment. It emphasizes the relationship between political objectives and governance objectives. The paper first gives a preliminary view of corporate governance and political ownership. It investigates whether political ownership will restrict the functioning of the governance mechanism. By making a case study of several privatised firms with strong political ownership, it shows that there is a strong possibility that political objectives will undermine the governance objectives without a proper check and balance system in place. There are indications that the situation is starting to …

Privatisation In India: Concerns And Methods, Subhashish Gupta, N S Venkatesh

IIMB Management Review

The recent past has seen a spurt of proposals regarding privatisation. The most famous has been the Kelkar proposal, which was almost immediately countered by a proposal from the chairman of the Disinvestment Commission (DC), G V Ramakrishna, for the setting up of a National Shareholding Trust. In between, the Bombay Chamber of Commerce and Industry had come up with its own proposal regarding disinvestment. These proposals sparked off a debate regarding the privatisation process and brought into focus the issues and concerns regarding privatisation in India

Review Of: Federal Judge's Desk Reference To Environmental Economics (John A. Baden, Ed.; Pacific Research Institute 1998), Edward J. Hendrick Jr.

RISK: Health, Safety & Environment (1990-2002)

Review of the book: Federal Judge's Desk Reference to Environmental Economics (John A. Baden, ed.; Pacific Research Institute 1998). Dedication, forward, glossary, section introductions. LC 98-9206; ISBN 0-936488-84-0. [324 pp. paper. 755 Sansone Street, Ste. 450, San Francisco, CA. 94111. http:// www.pacificserch.org].

Corporate Governance In India: Some Ground Realities, R H Patil

IIMB Management Review

While enhancing corporate governance standards deserves the attention it is receiving now, some stark realities need to be appreciated. While on this, should we not look at the co-operatives as well?

Toward Excellence In Board Performance, N Balasubramanian

IIMB Management Review

Is the board of directors the heart and soul of a company as it should be, ideally, or merely an 'old boy's club' which rubber stamps decisions taken by the CEO? Can it be a meaningful instrument of corporate governance? Various aspects such as the creation and running of an effective board, the difference between directing and managing, the interface between the board and the CEO, including the public sector perspective on the issue have been discussed by academicians and senior corporate executives.

Corporate Governance: Corporate Governance Worldwide, K R S Murthy

IIMB Management Review

No abstract provided.

Technology Transfer: A View From The Trenches, Harvey Drucker

RISK: Health, Safety & Environment (1990-2002)

Dr. Drucker, who has lab-wide responsibility for technology transfer at Argonne National Laboratory, argues that transferring rights in discoveries made through tax supported research to private entities can contribute to public welfare in many ways.

Overview Of Federal Technology Transfer, Lawrence Rudolph

RISK: Health, Safety & Environment (1990-2002)

Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.

The Effect Of Government Deficits On Consumption And Interest Rates: A Two Equation Approach, Dean D. Croushore

Economics Faculty Publications

Single-equation estimation of the consumption function often is used in testing the Ricardian equivalence theorem. This approach may be misleading, as effects on interest rates usually are ignored. This paper proposes simultaneous estimation of consumption and investment equations, with the interest rate serving to equilibrate the market. Five existing studies are replicated and subjected to sensitivity tests. The results show that the interest rate is important in the consumption function. The Ricardian equivalence theorem is tested, but the results are mixed.

Industrial Resources: Magoffin County - Salyersville, Kentucky Library Research Collection

Magoffin County

"Current Industrial Resources: Salyersville, Kentucky" prepared by the Salyersville Kiwanis Club and the Kentucky Department of Commerce, Frankfort, Kentucky, September 1966. The report includes, but is not limited to, information about: population, labor market, local manufacturing, transportation, utilities, fuel, water, sewage, industrial sites, local government and services, taxes, educational and health facilities, housing, communication, recreation, natural resources,markets, and climate.