Business Law, Public Responsibility, and Ethics Commons^™

The Growth Drivers And Inhibitors Of The B Corp Movement, Jason Plant

Honors Theses and Capstones

No abstract provided.

Public Opinion Of The Sec’S Proposal For Mandatory Climate Disclosures, Isaac Blanchette

Honors Theses and Capstones

In 2022, the Security and Exchange Commission created a proposal that would make climate risk disclosures mandatory for publicly traded companies. This paper aims to understand how Congress is likely to vote on the proposal as well as how students at the University of New Hampshire perceive the proposal. Using publicly available comment letters made by members of Congress in response to the proposal and extrapolating the responses of the other representatives, it is unlikely that the proposal will have enough support to be ratified. However, a survey conducted with students at the University of New Hampshire showed that the …

California Senate Bill 826: Implications On Female Executive Compensation And Representation, Elizabeth Ann Dion

Honors Theses and Capstones

In 2018, the State of California passed Senate Bill 826, requiring that all public companies headquartered within the state have at least one female on the board of directors. Prior literature has identified a significant connection between female board representation and the impact on female executives and their pay. The prominence of female leaders has been shown to enable fellow females to pursue leadership positions. In addition, prior studies have found that female board members have encouraged an increase in female executives, and an increase in female executive pay has been identified due to the role of the board in …

Ethical Use Of Beauty In Advertising, Koca Chan

Honors Theses and Capstones

The use of beauty images in advertising has been generally deemed to be unethical in society, based on the general negative presupposition in modern western culture. The ethicalness of the display of high standards of beauty in advertisements is especially controversial and questionable in the advertising industry. Advertising watchdogs, social groups, and individuals have investigated the possibility of banning the display of high standards of beauty to be displayed in advertisings and publications. This paper argues that image advertising of high beauty standards may not be necessarily unethical in all situations. And under certain conditions, by considering and combining image(s) …

Examining The Tragedy Of The Commons Dilemma: Looking At The New Hampshire Fishing Industry, Peter A. Brown

Honors Theses and Capstones

The Tragedy of the Commons is a widely known problem debated amongst economists for years. Even the topic of the Tragedy of the Commons when applied to fishing has been debated several times. The fishing industry is a major part of the culture and economy here in New Hampshire and the conversation how to properly tax and regulate it to combat this problem is one that has been taking place and will continue to take place for several years. The purpose of this project was to examine this problem at a state level and look at the relationship between State …

Taxing Systemic Risk, Eric D. Chason

The University of New Hampshire Law Review

A tax on the harmful elements of finance—a tax on systemic risk—would raise revenue and also lower the likelihood of future crisis. Financial institutions, which pay the tax, would try to minimize its cost by lowering their systemic risk. In theory, a tax on systemic risk is perfect policy. In practice, however, this perfect policy is unattainable. Tax laws need clear definitions to be administrable. Our current understanding of systemic risk is too abstract and too metaphorical to serve as a target for taxation.

Despite the absence of a clear definition of systemic risk, academics and policy makers continue to …

Making A Difference: The Impact Of Corporate Ethical Behavior On Consumers In The Beauty Industry, Paige M. Gould

Honors Theses and Capstones

Over the years, the cosmetic industry has struggled with a variety of ethical issues. This research examines the effects of these unethical practices on consumers’ perceptions and judgements. More specifically, do consumers consider ethical issues when evaluating cosmetics? Can consumers’ ethical perceptions and decision making be influenced? If so, are heuristic appeals or systematic appeals more persuasive? The results of this study indicate that unless prompted, most consumers do not consider ethical issues when purchasing cosmetics. The study also found that both heuristic and systematic appeals were effective in influencing general industry perceptions, but only the systematic appeal was successful …

The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan

The University of New Hampshire Law Review

The United States and Europe have traditionally taken very different approaches to the regulation of harmful conduct. Previously, European nations relied almost entirely on the public enforcement of laws, whereas the United States relied on a mix of public and private actors. In the United States, private rights of action have played a central role deterring illegal conduct—and, in fact, provided greater deterrence than public enforcers in some areas of law. They have also allowed injured parties to obtain compensation. Despite their very different histories, the private enforcement systems in the United States and Europe are showing signs of convergence …

Taxation As It Relates To Politics, Small Business & Corporate America, Elizabeth Assaf, Rebecca Wuorio

Honors Theses and Capstones

No abstract provided.

Optimization Of A Small Business's Sustainability Using Life-Cycle Analysis Software And Benefit Corporation Assessment Tools, Zachary Paul Angelini

Student Research Projects

American Bench Craft produces hand-crafted American-made goods that include leather wallets, cardholders, belts, bracelets, etc. Their unique designs have a very specific focus on simplicity, which is the key to making their mission work.

Mission: Quality & Durability

Simple products are more durable. Less parts equals less susceptibility to failure. Simple designs and premium materials make their products truly built to last.

Mission: American Jobs

Their simple design concept allows them to manufacture right here in the USA, manufacture locally and utilize chronically underemployed populations. They are creating American jobs where they are needed the most.

Mission: Environmental Sustainability

The …

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will reconstruct …

Women In The Workforce: An In-Depth Analysis Of Gender Roles And Compensation Inequity In The Modern Workplace, Rebecca L. Ziman

Honors Theses and Capstones

This paper explores the increase in participation and education of American women in the workforce with a special focus on women in business and accounting roles. The paper then goes on to discuss the wage gap between genders, how to remedy inequality in the workplace, and highlights several reasons why pursing a solution to gender inequality is beneficial for both the employee and the company.

The Next Generation Of Entrepreneurs, Christopher Schwab

Honors Theses and Capstones

A.R. (Venky) Venkatachalam, Ph.D. (Associate Dean of Academic Programs & Professor of Information Systems) and I believe that the steps to insure future entrepreneurial success have not been taken; therefore my intention is to provide quality insight regarding the importance of embracing our next generation of entrepreneurs.

A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop

The University of New Hampshire Law Review

[Excerpt] “Lawyers who make their living representing securities issuers face a myriad of challenges. Securities lawyers must navigate and master an intricate body of statutory, regulatory, and case law at both the state and the federal level and ensure that their clients comply with the law. The compliance requirement, however, is not limited to the issuer clients. Defrauded investors will often seek recovery of their losses from both the issuer of the failed investment securities and from the lawyers who represent the issuer, which only exacerbates the complexity of the securities lawyer’s work. These securities fraud actions against lawyers raise …

The Case Against Exempting Smaller Reporting Companies From Sarbanes-Oxley Section 404: Why Market-Based Solutions Are Likely To Harm Ordinary Investors, John Orcutt

Law Faculty Scholarship

Section 404 is arguably the most controversial provision of Sarbanes-Oxley (“SOX”). The controversy focuses on whether Section 404’s substantial compliance costs exceed the statute’s benefits, with no consensus on Section 404’s cost-effectiveness. If Section 404 turns out to be cost-ineffective, the companies that are most threatened are smaller companies, as cost-ineffective regulations tend to disproportionately harm smaller companies. This Article considers whether Congress and the SEC should exempt smaller reporting companies from Section 404 compliance, as that would allow for a market-based resolution to the uncertain value of Section 404 for smaller reporting companies. Smaller reporting companies would be relieved …

Wherefore Art Thou Guidelines? An Empirical Study Of White-Collar Criminal Sentencing And How The Gall Decision Effectively Eliminated The Sentencing Guidelines, S. Patrick Morin

The University of New Hampshire Law Review

[Excerpt] “Until the passage of the U.S. Federal Sentencing Guidelines in 1984, federal judges had relatively wide discretion in sentencing federal offenders up to the statutory maximum. This judicial discretion led to a disparity in the sentences of similarly situated offenders, particularly in white-collar cases. The Guidelines attempted to eliminate this disparity by establishing maximum and minimum sentences for certain offenses based on the characteristics of the crime. An important feature of the Guidelines system was its mandatory nature, which decreased and structured the judiciary‘s discretion within bounds set by Congress.

The mandatory application of the Guidelines resulted in stiff …

Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow

Law Faculty Scholarship

In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …

Understanding New Hampshire’S Rule 4.2 As Applied To Corporate Litigants: An Explanation And Suggestions For Improvement, Heather Menezes

The University of New Hampshire Law Review

[Excerpt] “Consider this scenario: an attorney represents a client in litigation against a corporation. The attorney gets a call from an employee of that corporation and the employee says, “Everything in your complaint is absolutely correct.” However excited the attorney is to speak with this person, the Rules of Professional Conduct constrain whom the attorney can talk to if a corporation is involved in the pending litigation. In New Hampshire, any attorney can quickly find that Rule 4.2 prohibits contact with a represented party.1 But is this corporate employee a represented party? Even after reading the comment to the rule …

Investor Skepticism V. Investor Confidence: Why The New Research Analyst Reforms Will Harm Investors, John L. Orcutt

Law Faculty Scholarship

Part I of this Article provides an overview of research analysts and their basic functions, including a discussion of sell-side analysts' role in the market's recent boom and bust. Part II examines the conflicts of interest that have plagued sell-side research, and Part III reviews the Regulatory Actions that are meant to address these conflicts. In Part IV, the author will make the case for encouraging, rather than lessening, investor skepticism in sell-side research and will explain why the Regulatory Actions are not likely to improve the performance of sell-side analysts. Finally, Part V will offer a simpler proposal to …

Proposal For A Centralized And Integrated Registry For Security Interests In Intellectual Property, William J. Murphy

Law Faculty Scholarship

As the world economy enters the twenty-first century, job and wealth creation is increasingly based on innovation and creativity that, in turn, can give rise to important intellectual property rights. For many companies and individuals these intellectual property rights may represent their most valuable assets, or in some cases, their only valuable assets. As a result, intellectual property rights increasingly play a critical the role in financing.

Unlocking the job and wealth creating potential of intellectual property assets requires putting these assets into use, and that often requires a capital investment. Unfortunately, many entrepreneurs and innovators lack the capital necessary …

Review Of: Frank Pearce & Steve Tombs, Toxic Capitalism: Corporate Crime And The Chemical Industry (Dartmouth Publishing Co. 1998), Jonathan Gatmaitan

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

Review of the Book: Frank Pearce & Steve Tombs, Toxic Capitalism: Corporate Crime and the Chemical Industry (Dartmouth Publishing Co. 1998). Conclusions, notes, introduction, preface ISBN 1-85521-950-6 [372 pp. Hardbound $72.00 Old Post Road, Brookfield, VT 05036.]

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].

Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin

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

Drs. Lynch & Henefin examine evolution of disease causation theory and its impact on public health, as well as how these relate to the courtroom admissibility of expert opinion evidence.

Book Review Of Baruch A. Brody, Ethical Issues In Drug Testing, Approval, And Pricing, Annalee Abelson

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

Review of Baruch A. Brody, Ethical Issues in Drug Testing, Approval, and Pricing (Oxford University Press 1995). Conclusions, index, introduction, preface. LC 94-4479; ISBN 0-19-508831-X. [268 pp. Cloth $35.00. 200 Madison Avenue, New York NY 10016.]

Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper

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

Dr. Draper's focus is the use of personal information derived from genome research. She identifies several potential problems, including access to and control of genetic information, employment discrimination and social stratification. She also recommends possible solutions.

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.

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.

Book Review, Bradley J. Olson

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

BIOTECHNOLOGY: ASSESSING SOCIAL IMPACTS AND POLICY IMPLICATIONS. (David J. Webber, ed., Greenwood Press 1990) [239 pp.] Bibliography, contributor data, index, notes, preface, tables. LC: 90-2935; ISBN: 0-313-27454-1. [Cloth. $42.95. P.O.B. 5007, Westport, CT 06881]

Book Review, Mitchell M. Simon

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

Review of the book Codes of Professional Responsibility (Rena A. Gorlin, ed., BNA Books, 1990). This 555 page book includes 43 codes of conduct promulgated by the major professional associations in business, health, and law. Each code is preceded by a brief description of the relevant association, including its address and phone number, and information relating to implementation and enforcement. The book concludes with three helpful resource lists including: first, research centers, educational programs and governmental bodies dealing with ethical issues; second, journals and periodical services; and, third, bibliographies, databases and libraries with special ethics collections. The resource sections and …