Business Law, Public Responsibility, and Ethics Commons^™

Keeping Sabbath During The Week, Michael E. Cafferky

Faculty Works

Would Sabbath-keeping be less meaningful if, on the other six days, our work disrupted human well-being or otherwise failed to honor the Sabbath Giver? This article is an abridged version of the longer peer-reviewed article "Sabbath: The Theological Roots of Sustainable Development" published in the Journal of Biblical Integration in Business available at http://cbfa-jbib.org/index.php/jbib/article/view/108/108 .

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.

Trends In Employment Outcomes Of Young Adults With Intellectual And Developmental Disabilities, 2006-2013, John Butterworth, Alberto Migliore, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report summarizes the employment and economic outcomes for young adults with intellectual disabilities between 2006 and 2013 in the nation’s 50 states and the District of Columbia (DC). Data are reported separately for two age groups: 16 to 21 years old, and 22 to 30 years old. Data are from the American Community Survey (ACS), the Rehabilitation Services Administration 911 (RSA-911), and the National Core Indicators (NCI).

The Importance Of Being Dismissive: The Efficiency Role Of Pleading Stage Evaluation Of Shareholder Litigation, Lawrence A. Hamermesh, Michael L. Wachter

All Faculty Scholarship

It has been claimed that the risk/reward dynamics of shareholder litigation have encouraged quick settlements with substantial attorneys’ fee awards but no payment to shareholders, regardless of the merits of the case. Fee-shifting charter and bylaw provisions may be too blunt a tool to control agency costs associated with excessive shareholder litigation, and are in any event now prohibited by Delaware statute. We claim, however, that active judicial supervision of public company shareholder litigation at an early stage reduces the costs of frivolous litigation to shareholders by separating meritorious from unmeritorious litigation before the full costs of discovery are incurred. …

Turning Science Into Policy: The Case Of Farm Animal Welfare In Canada, David Fraser

Farm Animal Welfare Collection

Implications

• Development of farm animal welfare standards in Canada has evolved significantly over 35 yr in terms of process, leadership, and the role of science.
• Key elements of the current process include: 1) influential producers and producer organizations that see the benefit of having science-informed standards, 2) a credible coordinating body to ensure that a well-defined process is followed in developing standards, and 3) trusted scientists who are engaged in relevant research and willing to participate.
• The process benefits from having a distinct and defined role for the scientists, specifically to analyze relevant science and identify conclusions that are scientifically …

Cigarette Packaging In Ireland: The Plain Future, Maurice Murphy, Wesley Connolly Tong

Dept. of Management & Enterprise Conference Material

No abstract provided.

The New Synthesis Of Bank Regulation And Bankruptcy In The Dodd-Frank Era, David A. Skeel Jr.

All Faculty Scholarship

Since the enactment of the Dodd-Frank Act in 2010, U.S. bank regulation and bankruptcy have become far more closely intertwined. In this Article, I ask whether the new synthesis of bank regulation and bankruptcy is coherent, and whether it is likely to prove effective.

I begin by exploring some of the basic differences between bank resolution, which is a highly administrative process in the U.S., and bankruptcy, which relies more on courts and the parties themselves. I then focus on a series of remarkable new innovations designed to facilitate the rapid recapitalization of systemically important financial institutions: convertible contingent capital …

An Assessment Of Affirmative Action In Business, Jordan A. Kennedy

Honors Scholar Theses

Affirmative action has become an inevitable aspect of the employment hiring process. It has been put into place to assist in eradicating the institutionalized discrimination that inherently exists in such practices. On the surface, affirmative action may appear to be something that is beneficial to both the hiring institution and the individual; it seems to be a win-win situation because the business is creating a more diverse workplace and the individual is getting a job that they desired. However, the way that affirmative action is practiced may prevent its overall effectiveness. For example, there are several fundamental flaws with this …

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 …

A Concept Paper On Networks Of Excellence For Research And Education, Suresh V. Garimella, David B. Janes, Anne Slaughter Andrew

PPRI Digital Library

Research and education ecosystems, foundational components of knowledge-based economies, are relatively underdeveloped in Latin America. The entire ecosystem of a research university — including resources, corporate partnerships, and research — must capitalize on a symbiosis between the research, education and commercialization missions. A university cannot transform unilaterally nor can universities sustain the required transformation without government and industry participation. Initiatives to accelerate the development of research university ecosystems are critical for the realization of knowledge-based economies and resilient civil societies.

To accelerate the development of research and education ecosystems across the Americas, the authors propose to establish “Networks of Excellence” …

Informe Sobre El Taller Universidad Del Futuro Colombia-Purdue, Suresh V. Garimella, David B. Janes, Liliana Gómez Díaz

PPRI Digital Library

El Taller Universidad del Futuro, un evento conjunto de Colombia y Purdue, se llevó a cabo en la Universidad de Purdue en West Lafayette, Indiana, el 28 y 29 de octubre de 2014. Entre sus participantes hubo rectores y consejeros de seis importantes universidades de Colombia, junto con directores ejecutivos de ONG, funcionarios públicos de Estados Unidos y Colombia, y profesores y administradores de Purdue. El taller se centró en el diálogo entre los participantes sobre los programas y áreas de investigación clave que permitirán que las universidades den respuesta a las necesidades del siglo XXI en toda América.

Este …

University Of The Future Colombia-Purdue Workshop Report, Suresh V. Garimella, David B. Janes, Liliana Gómez Díaz

PPRI Digital Library

The University of the Future Workshop, a joint Colombia-Purdue event, was held at Purdue University in West Lafayette, Indiana, October 28-29, 2014. Participants included rectors and board members from six top universities in Colombia, along with executive directors of NGOs, government representatives from the U.S. and Colombia, and Purdue faculty and administrators. The workshop was focused on a dialog among participants on key programs and focuses that will allow universities to be responsive to the 21st century needs of the Americas.

This report is a summary of the workshop and is based on the contributions of all the participants. Key …

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 …

Audit Committees And Financial Reporting Quality In Singapore, Kwong Sin Leong, Jiwei Wang, Themin Suwardy, Yuanto Kusnadi

Research Collection School Of Accountancy

No abstract provided.

Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law, Posner Center For International Development, Resolve (Firm), Newmont Mining Corporation

Seeds of Change: Responding to Global Change in a Bottom-Up World (Martz Winter Symposium, February 12-13)

Sponsors: Posner Center for International Development, RESOLVE, Inc., Newmont Mining Corporation, and Getches-Wilkinson Center for Natural Resources, Energy, and the Environment.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, Britt Banks, and Lakshman Guruswamy.

This conference is made possible through the generous support of donors who sponsored this year’s Martz Sustainability Symposium (including Newmont Mining Corporation) and those who have invested in our Clyde O. Martz Endowed Fund for Natural Resources Management (including Brian Dolan and Davis Graham and Stubbs LLP). The Martz Natural Resources Management Fund was established in the memory …

Politics, Economics And Communications, Brendan O'Rourke, John Hogan

Other

Presentation /Seminar on Political Communications and Public Affairs research with a focus on elite formation its measurements, its representation and its social construction .

Responsible Sales And Service Of Alcohol For The Tourism, Hospitality And Retail Industries, James Peter Murphy

Books/Book Chapters

The safe service of alcohol is of vital importance to those in the food and beverage industry - failure to act responsibly can result in fines, loss of license and the potential closure of the business. Responsible sale and service of alcohol (RSA) is important for all levels of the hospitality, tourism and retail service industries to minimise the risk of alcohol-related problems associated with the use and abuse of alcohol by any person. Management and all staff who sell or supply alcohol must promote and support a safer environment for alcohol to be consumed in a professional and responsible …

Shoes, Sabrina Morelli

Common Reading Essay Contest Winners

First Place

Essay Prompt: In Justice, Sandel discusses a number of contemporary political issues (e.g. price gouging during the 2004 Hurricane, the 2008-9 financial meltdown, the volunteer army, pregnancy surrogates, executive pay, slavery reparations, immigration, and gay marriage). Take a position on one of the issues discussed in the book and make the best case that you can for why this position is the most just. You may include evidence from the book, your prior studies, your own experience, and/or outside research. (Outside research is not required.)

The Foie Gras Journey, Katie Lindsay

HSU STUDENT THESES AND CAPSTONE PROJECTS

The ultimate goal of farming is not the growing of crops, but the cultivation and perfection of human beings (Fukuoka 2009). In recent decades many countries have bettered themselves by altering farming practices to include animal welfare standards. By finding a common ground, animal agriculture and animal advocates can work together to improve animal welfare. This case study will review California Senate Bill 1520 Force-Fed Birds to examine how the stakeholders in an active legislative battle are working through the controversy to find a place where all parties can thrive. This legislation was brought to the California legislature by Senator …

A Balanced Perspective On Animal Welfare For Improved Meat And Meat Products, A. Y. Chulayo, V. Muchenje

Farm Animal Welfare Collection

Increased public concern for animal welfare in the logistics chain has led to a rise in the scrutiny of the treatment of food animals. Factors affecting the status of welfare of slaughter animals begin at the farm and occur during transportation and at the abattoir. The activities that animals pass through before slaughter are thought to have negative effects on both the animal and the product. Before or during this period, animals suffer pain, which compromises their physical, health and biochemical status, and meat quality and quantity; which leads to economic losses. Environmental impact plays a role in the behaviour, …

Pagtugon Sa Sari-Saring Panganib: Mga Aral Mula Sa Mga Krisis Pananalapi, Tereso S. Tullao Jr

Angelo King Institute for Economic and Business Studies (AKI)

Nitong nakaraang dalawang dekada, nakaranas ang mga ekonomiya sa iba’t ibang bahagi ng mundo ng tatlong matitinding krisis pananalapi. Ang mga ito ay nagdulot ng malalawak na pinsala sa mga mamamayan, pamahalaan at mahahalagang sektor ng ekonomiya lalo na sa sektor ng pananalapi.

Ang pagkalat ng krisis pananalapi tungo sa isang malawakang krisis ekonomiko ay nakasalalay sa sektor ng pananalapi lalo na ang pagbabangko. Makikita na maraming sa mga sanhi ng krisis ay nakaugat sa di maingat ng pagbabangko. May mga pagkakataon din na ang krisis ay hindi nagmumula sa mga bangko. Ngunit dahil ang mga bangko ay pangunahing sektor …

A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee

All Faculty Scholarship

Title VII’s domination of employment discrimination law today was not inevitable. Indeed, when Title VII was initially enacted, its supporters viewed it as weak and flawed. They first sought to strengthen and improve the law by disseminating equal employment enforcement throughout the federal government. Only in the late 1970s did they instead favor consolidating enforcement under Title VII. Yet to labor historians and legal scholars, Title VII’s triumphs came at a steep cost to unions. They write wistfully of an alternative regime that would have better harmonized antidiscrimination with labor law’s recognition of workers’ right to organize and bargain collectively …

The Mess At Morgan: Risk, Incentives And Shareholder Empowerment, Jill E. Fisch

All Faculty Scholarship

The financial crisis of 2008 focused increasing attention on corporate America and, in particular, the risk-taking behavior of large financial institutions. A growing appreciation of the “public” nature of the corporation resulted in a substantial number of high profile enforcement actions. In addition, demands for greater accountability led policymakers to attempt to harness the corporation’s internal decision-making structure, in the name of improved corporate governance, to further the interest of non-shareholder stakeholders. Dodd-Frank’s advisory vote on executive compensation is an example.

This essay argues that the effort to employ shareholders as agents of public values and, thereby, to inculcate corporate …

Empowering Employees To Prevent Fraud In Nonprofit Organizations, John M. Bradley

All Faculty Scholarship

This Article examines the significant problem of fraud within nonprofit organizations and demonstrates that current anti-fraud measures do not adequately reflect the important role employees play in perpetuating or stopping fraudulent activity. Psychological and organizational behavior studies have established the importance of (1) participation and (2) peers in shaping the behavior of individuals within the organizational context. This Article builds on that research and establishes that to successfully combat fraud, organizations must integrate employees into the design, implementation, and enforcement of anti-fraud strategy and procedures. Engaged, empowered employees will be less likely to commit fraud and more likely to dissuade …

Rediscovering Corporate Governance In Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

In this Essay on Lynn LoPucki and Bill Whitford’s corporate reorganization project, written for a symposium honoring Bill Whitford, I begin by very briefly describing its historical antecedents. The project draws on the insights and perspectives of two closely intertwined traditions: the legal realism of 1930s, whose exemplars included William Douglas and other participants in the SEC study; and the law in action movement at the University of Wisconsin. In Section II, I briefly survey the key contributions of the corporate governance project, which punctured the then-conventional wisdom about the treatment of shareholders in bankruptcy, managers’ principal allegiance, and many …

Federal Securities Fraud Litigation As A Lawmaking Partnership, Jill E. Fisch

All Faculty Scholarship

In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The Court reasoned that adherence to Basic was warranted by principles of stare decisis that operate with “special force” in the context of statutory interpretation. This Article offers an alternative justification for adhering to Basic—the collaboration between the Court and Congress that has led to the development of the private class action for federal securities fraud. The Article characterizes this collaboration as a lawmaking partnership and argues that such a partnership offers distinctive lawmaking advantages. …

From Chrysler And General Motors To Detroit, David A. Skeel Jr.

All Faculty Scholarship

In the past five years, three of the most remarkable bankruptcy cases in American history have come out of Detroit: the bankruptcies of Chrysler and General Motors in 2009, and of Detroit itself in 2012. The principal objective of this Article is simply to show that the Grand Bargain at the heart of the Detroit bankruptcy is the direct offspring of the bankruptcy sale transactions that were used to restructure Chrysler and GM. The proponents of Detroit’s “Grand Bargain” never would have dreamed up the transaction were it not for the federal government-engineered carmaker bankruptcies. The Article’s second objective, based …

Introduction To Institutional Investor Activism: Hedge Funds And Private Equity, Economics And Regulation, William W. Bratton, Joseph A. Mccahery

All Faculty Scholarship

The increase in institutional ownership of recent decades has been accompanied by an enhanced role played by institutions in monitoring companies’ corporate governance behaviour. Activist hedge funds and private equity firms have achieved a degree of success in actively shaping the business plans of target firms. They may be characterized as pursuing a common goal – in the words used in the OECD Steering Group on Corporate Governance, both seek ‘to increase the market value of their pooled capital through active engagement with individual public companies. This engagement may include demands for changes in management, the composition of the board, …

Moore’S Law, Metcalfe’S Law, And The Theory Of Optimal Interoperability, Christopher S. Yoo

All Faculty Scholarship

Many observers attribute the Internet’s success to two principles: Moore’s Law and Metcalfe’s Law. These precepts are often cited to support claims that larger networks are inevitably more valuable and that costs in a digital environment always decrease. This Article offers both a systematic description of both laws and then challenges the conventional wisdom by exploring their conceptual limitations. It also explores how alternative mechanisms, such as gateways and competition, can permit the realization benefits typically attributed to Moore’s Law and Metcalfe’s Law without requiring increases in network size.

The (Il)Legitimacy Of Bankruptcies For The Benefit Of Secured Creditors, Charles W. Mooney Jr.

All Faculty Scholarship

This paper explores the legitimacy—or illegitimacy—of filing and maintaining a case under the Bankruptcy Code when the sole or principal beneficiary or beneficiaries of the case would be a secured creditor or secured creditors. In the situation posited here, the application of the usual distributional priority rules would not produce any distribution for the general, unsecured creditors of the debtor. In the prototypical case virtually all of the assets of the debtor would be subject to secured claims securing obligations that exceed the value of the collateral, i.e., the secured creditor would be undersecured and there would be no equity …