Business Law, Public Responsibility, and Ethics Commons^™

The Supreme Court And The Pro-Business Paradox, Elizabeth Pollman

All Faculty Scholarship

One of the most notable trends of the Roberts Court is expanding corporate rights and narrowing liability or access to justice against corporate defendants. This Comment examines recent Supreme Court cases to highlight this “pro-business” pattern as well as its contradictory relationship with counter trends in corporate law and governance. From Citizens United to Americans for Prosperity, the Roberts Court’s jurisprudence could ironically lead to a situation in which it has protected corporate political spending based on a view of the corporation as an “association of citizens,” but allows constitutional scrutiny to block actual participants from getting information about …

Accounting For A Hopeful World, Themin Suwardy

Research Collection School Of Accountancy

In a commentary, SMU Associate Provost for Postgraduate Professional Education and Associate Professor of Accounting (Practice) Themin Suwardy noted that environmental reporting has become more common in the last 10 years and that companies are embracing sustainability reporting despite the challenging myriad of seemingly different models, frameworks and regulations. He opined that the IFRS Sustainability Disclosure Standards to be issued by the International Sustainability Standards Board (ISSB) will enable companies to provide comprehensive sustainability information for the global financial markets. He urged accounting professionals to embrace the development wholeheartedly and to help organisations do and report good.

Local Political Corruption And M&As, Chun Liu, Yang Chen, Shanmin Li, Liang Sun, Mengjie Yang

Research Collection School Of Accountancy

We examine the relation between local political corruption and firms' cross-province M&As using provincial-level data on corruption in China. The results show that firms in more corrupt regions are less likely to engage in cross-province M&As. Further analyses reveal that the effects of local corruption on the probability of cross-province M&As are stronger when corrupt officers have greater impeding benefits or lower impeding costs. Meanwhile, Both ex-ante intervention and ex post punishment are important channels through which corrupt officers hinder firms' cross province M&As. Moreover, informal institutions, such as social capital and informal networks can help to alleviate the negative …

The Efficiency Of U.S. Public Space Utilization During The Covid-19 Pandemic, Seth G. Benzell, Avinash Collis, Christos Nicolaides

Economics Faculty Articles and Research

The COVID-19 pandemic has called for and generated massive novel government regulations to increase social distancing for the purpose of reducing disease transmission. A number of studies have attempted to guide and measure the effectiveness of these policies, but there has been less focus on the overall efficiency of these policies. Efficient social distancing requires implementing stricter restrictions during periods of high viral prevalence and rationing social contact to disproportionately preserve gatherings that produce a good ratio of benefits to transmission risk. To evaluate whether U.S. social distancing policy actually produced an efficient social distancing regime, we tracked consumer preferences …

Understanding Organizational And Socio-Cultural Contexts: A Communicative Constitutive Approach To Social License To Operate Among Top Hong Kong Companies, Angela K. Y. Mak, Suwichit (Sean) Chaidaroon, Alessandro Poroli, Pang, A.

Research Collection Lee Kong Chian School Of Business

Embracing a constitutive view of communication, this study explores how organizations in Hong Kong make sense of and negotiate their corporate societal commitment. It does that by examining how the considered organizations construct their engagement in society and talk of their aspirations on identified society-oriented doings by cultural discourse analysis. Findings show that the studied Hong Kong companies constructed their engagement by communicationally relating to other societal actors, establishing we-ness in community engagement actions, incorporating elements of the local cultures (languages and places) and in their reasoning and disclosing emotion-rich considerations. Aspirations were instead presented through a constant reference to …

Food Insecurity In Detroit: Exploring The Relationship Between Patient-Reported Food Insecurity And Proximity To Healthful Grocery Stores, Sara Santarossa, Alex B. Hill, Alexandra R. Sitarik, Mackenzie Taylor, Susan Hawkins, Katherine Scher, Aaron Sohaski, Mohammed Baseer, Rachael Dombrowski, Alexander Plum, Christine Lm Joseph

Urban Studies and Planning Faculty Research Publications

Objective:
The objective of the current study was to determine if patients of a large health care system in Detroit who self-identify as food insecure live further away from healthy grocery stores compared with food secure patients. Second, we explored whether food insecurity and distance to healthy grocery stores are related to ecological measures of vehicle availability in the area of residence.

Design:
A secondary data analysis that uses baseline data from a pilot intervention/feasibility study.

Setting:
Detroit, Michigan, USA.

Participants:
Patients of Henry Ford Health System were screened for food insecurity to determine eligibility for a pilot intervention/feasibility study …

“Treat Everybody Right”: Examining Foodways To Improve Food Access, Alex B. Hill

Urban Studies and Planning Faculty Research Publications

Detroit is regularly assumed to be a “food desert” despite contradicting evidence. With fruits and vegetables available at each of Detroit’s 70 independent, full-line grocery stores, there remains a lack of understanding among media and academics of residents’ perception and preferences for food access. A baseline study was initiated during the summer of 2014 to understand residents’ own perceptions of food access and to assess the socio-cultural foodways utilized by residents. A total of 207 Detroit residents participated in focus groups and interviews to discuss food provisioning. Residents identified a wide range of food access points, from home gardens and …

The Effects Of Population Diversity On The Economic And Household Welfare Of Metropolitan Areas In The U.S., Liria M. Litano

FIU Electronic Theses and Dissertations

The purpose of this paper was to understand the impact of population diversity on household and economic welfare in all the Metropolitan Statistical Area (MSA) in the United States of America (U.S.). We focused on positive views concerning the relationships between population diversity and factors such as human capital, knowledge, and innovation. We established economic growth factors using the Endogenous Growth Theory, which stated that human capital, innovation, and knowledge were significant contributors to economic growth (Romer, 1994). We argued that population diversity affected these contributors; therefore, it helped to create economic growth.

From a human capital perspective, population diversity …

Iso 14000 Publication: A Bibliometric Analysis (2011-2020), Ilham M.Said

Library Philosophy and Practice (e-journal)

This study explain about ISO 14000 itself is an international standard that discusses environmental management systems in general. This study aims to visually map publications in the field of ISO 14000 at the global level indexed by Scopus using Bibliometric analysis. This research utilizes the analysis features on the Scopus website and visualizes the bibliometric network using VOSviewer. The research data used is to use indicators in the form of keywords related to ISO 14000 in the Scopus database with the results obtained as many as 136 academic documents that have been published from 2011 to 2020 at the global …

Uri And Its Students: A Contract For The Provision Of A Safe Environment, Danielle Joan Beatrice

Senior Honors Projects

DANIELLE BEATRICE (English; Philosophy; Business) URI and Its Students: A Contract for the Provision of a Safe Environment

Sponsor: Judith Swift (Communication Studies, Coastal Institute)

When students begin to attend college, they expect to be consumed with busy schedules, heavy workloads, and an exciting social life. Students do not anticipate being in dangerous situations. However, this does not mean that such situations do not occur. Therefore, it is essential to teach students to be active participants in educating themselves and their peers regarding prevention and response to emergency situations. My Honors Project aims to increase the awareness of safety-related issues …

Good Deeds Done In Silence: Stakeholder Management And Quiet Giving By Chinese Firms, Heli Wang, Ming Jia, Zhe Zhang

Research Collection Lee Kong Chian School Of Business

We propose a new mechanism explaining why companies may remain silent about their positive corporate behaviors, such as socially responsible activities. We examine such strategic silence in the context of corporate philanthropy. Building on and extending the literature on legitimacy and stakeholder management, we argue that when a firm mistreats primary stakeholders, it is more likely to keep quiet about its philanthropic acts to avoid backlash from stakeholders. We also propose that long-term orientation among stakeholders mitigates the positive relationship between mistreating primary stakeholders and quiet giving, which allows stakeholders to appreciate the long-term value of corporate philanthropy. Data from …

The Issue Of Unemployment Among People With Disabilities, Angelina C. Pagano

English Department: Research for Change - Wicked Problems in Our World

The rate of unemployment for people with disabilities continues to rise greatly above that of people without disabilities. The issue seems to be exacerbated by employer biases and concerns which are not supported in the face of evidence. A lack of employer education on disability related subjects causes this misconception among both employers and the public as a whole. To resolve the underlying problem of miseducation, an increase in the self-identification of people with disabilities is necessary to provide researchers with data to assist in the formation of a revised curriculum.

Just Say Yes? The Fiduciary Duty Implications Of Directorial Acquiescence, Lisa Fairfax

All Faculty Scholarship

The rise in shareholder activism is one of the most significant recent phenomena in corporate governance. Shareholders have successfully managed to enhance their power within the corporation, and much of that success has resulted from corporate managers and directors voluntarily acceding to shareholder demands. Directors’ voluntary acquiescence to shareholder demands is quite simply remarkable. Remarkable because most of the changes reflect policies and practices that directors have vehemently opposed for decades, and because when opposing such changes directors stridently insisted that the changes were not in the corporation’s best interest. In light of that insistence, and numerous statements from directors …

Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, Oluwatomi O. Williams

All Faculty Scholarship

In view of the decline in gain sharing by corporations with American workers over the last forty years, advocates for American workers have expressed growing interest in allowing workers to elect representatives to corporate boards. Board level representation rights have gained appeal because they are a highly visible part of codetermination regimes that operate in several successful European economies, including Germany’s, in which workers have fared better.

But board-level representation is just one part of the comprehensive codetermination regulatory strategy as it is practiced abroad. Without a coherent supporting framework that includes representation from the ground up, as is provided …

The Effect Of Professional Identity Salience And Leadership Climate On Accountants' Ethical Decisions, Yin Xu, Karl J. Wang, Doug Ziegenfuss

Accounting Faculty Publications

The purpose of this study was to examine the influence of contextual factors in organizations on accountants’ ethical decisions. Specifically, the study investigated whether professional identity salience and ethical leadership climate affected accountants’ ethical judgments and intentions to act more ethically. A study is conducted, in a 2 x 2 between-factorial design, by using certified public accountants (N=375) as participants. The findings show that accountants made more ethical judgments when professional identity salience was increased by highlighting the professional code of ethics. Accountants intended to act more ethically only when the leadership climate was positive. The results suggest that a …

Follow-Up Enforcement, Andrew K. Jennings

Faculty Articles

Firms sometimes break the law. When they do, a host of government agencies have power to bring enforcement actions against them, which serve to punish past wrongs, compensate victims, disgorge unlawful gains, deter others, and prevent recidivism. Each of these purposes but one—preventing recidivism—is either met or not once the case reaches settlement. Whether recidivism will occur, however, remains uncertain at the time a case is settled. In light of that uncertainty, this Article takes a critical look at how enforcers currently address recidivism prevention—what it dubs the “clawback” approach—under which defendant firms receive penalty credit today in exchange for …

A Cultural Diversity Management Framework For Enhancing The Performance Of Architectural Design Firms In Egypt, Ayman Ahmed Ezzat Othman, Nadine Ibrahim Fouda

Architectural Engineering

Purpose – This paper aims to develop a cultural diversity management (CDM) framework to enhance the performance of architecture design firms (ADFs) in Egypt. Design/methodology/approach – A research methodology consisting of literature review, case studies and survey questionnaire was designed to achieve the abovementioned aim. First, literature review was used to investigate the concepts of globalization, international construction, diversity, diversity management (DM) and organizational performance. Second, four case studies were presented and analyzed. The first two cases explored the role of CDM towards enhancing the performance of ADFs, while the last two cases showed initiatives carried out by NGOs to …

Race, Dignity, And Commerce, Lu-In Wang

Articles

This Essay was written at the invitation of the Journal of Law and Commerce to contribute a piece on racism and commerce—an invitation that was welcome and well timed. It arrived as renewed attention was focused on racialized policing following the killing of George Floyd and in the midst of the worsening pandemic that highlighted unrelenting racial, social, and economic inequities in our society.

The connections between racism and commerce are potentially numerous, but the relationship between discriminatory policing and commerce might not be apparent. This Essay links them through the concept of dignity. Legal scholar John Felipe Acevedo has …

Reversing The Fortunes Of Active Funds, Adi Libson, Gideon Parchomovsky

All Faculty Scholarship

In 2019, for the first time in the history of U.S. capital markets, passive funds surpassed active funds in terms of total assets under management. The continuous growth of passive funds at the expense of active funds is a genuine cause for concern. Active funds monitor the management and partake of decision-making in their portfolio companies. Furthermore, they improve price efficiency and managerial performance by engaging in informed trading. The buy/sell decisions of active funds provide other market participants reliable information about the quality of firms. The cost of active investing is significant and it is exclusively borne by active …

Corporate Law For Good People, Yuval Feldman, Adi Libson, Gideon Parchomovsky

All Faculty Scholarship

This article offers a novel analysis of the field of corporate governance by viewing it through the lens of behavioral ethics. It calls for both shifting the focus of corporate governance to a new set of loci of potential corporate wrongdoing and adding new tools to the corporate governance arsenal. The behavioral ethics scholarship emphasizes the large share of wrongdoing generated by "good people" whose intention is to act ethically. Their wrongdoing stems from "bounded ethicality" -- various cognitive and motivational processes that lead to biased decisions that seem legitimate. In the legal domain, corporate law provides the most fertile …

The History And Revival Of The Corporate Purpose Clause, Elizabeth Pollman

All Faculty Scholarship

The corporate purpose debate is experiencing a renaissance. The contours of the modern debate are relatively well developed and typically focus on whether corporations should pursue shareholder value maximization or broader social aims. A related subject that has received much less scholarly attention, however, is the formal legal mechanism by which a corporation expresses its purpose—the purpose clause of the corporate charter. This Article examines corporate purpose through the evolution of corporate charters. Starting with historic examples ranging from the Dutch East India Company to early American corporations and their modern 21st century parallels, the discussion illuminates how corporate purpose …

Should Corporations Have A Purpose?, Jill E. Fisch, Steven Davidoff Solomon

All Faculty Scholarship

Corporate purpose is the hot topic in corporate governance. Critics are calling for corporations to shift their purpose away from shareholder value as a means of addressing climate change, equity and inclusion, and other social values. We argue that this debate has overlooked the critical predicate questions of whether a corporation should have a purpose at all and, if so, what role it serves.

We start by exploring and rejecting historical, doctrinal, and theoretical bases for corporate purpose. We challenge the premise that purpose can serve a useful function either as a legal constraint on managerial discretion or as a …