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Articles 1 - 23 of 23
Full-Text Articles in Business Law, Public Responsibility, and Ethics
Artificial Ignorance: Understanding The Role Of Ai In Modern Agnotology, Amit Ray, Michael Nolan
Artificial Ignorance: Understanding The Role Of Ai In Modern Agnotology, Amit Ray, Michael Nolan
Articles
This paper explores the concept of agnotology, the deliberate production of ignorance, within the context of modern scientific endeavors, particularly in the corporate and technological sectors. It examines how industries use various tactics to manipulate public understanding of scientific issues, often to protect profits and limit liability. The rise of private sector funding and the increasing reliance on technologies like AI and machine learning have exacerbated this process by making scientific inquiry more opaque and less accountable. Ultimately, we argue that as knowledge production becomes more entangled with corporate interests and technological systems, traditional methods of oversight and regulation are …
Esg Irony: Why Corporate Tax Avoidance Must Be Considered, Reuven S. Avi-Yonah
Esg Irony: Why Corporate Tax Avoidance Must Be Considered, Reuven S. Avi-Yonah
Articles
Environmental, social, and governance (ESG) investing has been the focus of major attention in corporate law. Many writers praised ESG as the future of corporate governance. The push for ESG comes from the belief that the government is incapable of fulfilling its responsibility of achieving social and environmental goals, and that corporations are frequently in the best position to help. ESG investing has been significantly bolstered by large asset management institutions like BlackRock Group, State Street Global Advisors, and Vanguard Group. The “Big Three” own large stakes in most public corporations, which they have been pushing to address ESG issues.
Creditors, Shareholders, And Losers In Between: A Failed Regulatory Experiment, Albert H. Choi, Jeffery Zhang
Creditors, Shareholders, And Losers In Between: A Failed Regulatory Experiment, Albert H. Choi, Jeffery Zhang
Articles
In the aftermath of the 2007–08 Global Financial Crisis, regulators encouraged many of the world’s largest banks to hold a new type of regulatory instrument with the goal of improving their safety and soundness. The regulatory instrument was known as a “CoCo,” short for contingent convertible bond. CoCos are neither debt nor equity. They are something in between, designed to give the bank a shot in the arm during times of stress. Many of the largest international banks have issued CoCos worth hundreds of billions of dollars. After more than ten years—a decade that includes the collapse of Credit Suisse …
An Analysis Of The Public Participation Processes Employed For An Urban Greenway Project, Maeve O'Connell
An Analysis Of The Public Participation Processes Employed For An Urban Greenway Project, Maeve O'Connell
Articles
The purpose of this study is to examine the public participation mechanisms employed for a proposed new infrastructure project. Public participation is a core characteristic of a contemporary democratic society as policy makers are increasingly encouraged to engage with citizens for learning and legitimacy. Participation is a loose concept with many forms and interpretations. This study explores the key characteristics of public participation formats, challenges to and the criteria for success. This analysis is then applied to the proposed local infrastructure consultation process. An additional survey is designed and its role in the public participation process is assessed. The processes …
Leniency Inflation, Cartel Damages, And Criminalization, Catarina Marvao, Giancarlo Spagnolo
Leniency Inflation, Cartel Damages, And Criminalization, Catarina Marvao, Giancarlo Spagnolo
Articles
We revisit the pros and cons of introducing cartel criminalization in the EU. We document the recent EU “leniency inflation”, whereby leniency has been increasingly awarded to many (or all) cartel members, which softens the “courthouse race” effect. Coupled with the insufficient protection of leniency applicants from damages (2014 Damages Directive), it may have led to a decrease in leniency applications and cartel convictions. Given the current level of fines, criminalization may have to be introduced. We then explore US criminal sanctions (1990–2015) to highlight potential areas of concern for EU policymakers, of which recidivism appears to be a significant …
Constructing The ‘Public Interest’: (De)Legitimizing The Acquisition Of Aer Lingus By Iag, Joseph K. Fitzgerald
Constructing The ‘Public Interest’: (De)Legitimizing The Acquisition Of Aer Lingus By Iag, Joseph K. Fitzgerald
Articles
This article assesses how the ‘Public Interest’ was used to (de)legitimize the acquisition of a national airline. It does this by adopting a case study approach that analyses the acquisition of Aer Lingus by International Consolidated Airlines Group (IAG). This acquisition is part of a broader trend of international consolidation that the aviation industry has experienced in recent years. The article also critiques whether the ‘Public Interest’ was constructed on valid grounds. Its analysis found that the public interest was constructed as the continuance of routes between Irish airports and London Heathrow as a means for Ireland to maintain international …
Is Corporate Law Nonpartisan?, Ofer Eldar, Gabriel V. Rauterberg
Is Corporate Law Nonpartisan?, Ofer Eldar, Gabriel V. Rauterberg
Articles
Only rarely does the United States Supreme Court hear a case with fundamental implications for corporate law. In Carney v. Adams, however, the Supreme Court had the opportunity to address whether the State of Delaware’s requirement of partisan balance for its judiciary violates the First Amendment. Although the Court disposed of the case on other grounds, Justice Sotomayor acknowledged that the issue “will likely be raised again.” The stakes are high because most large businesses are incorporated in Delaware and thus are governed by its corporate law. Former Delaware governors and chief justices lined up to defend the state’s “nonpartisan” …
An Ethical Discussion About The Responsibility For Protection Of Minors In The Digital Environment: A State-Of-The-Art Review, Charles Alves De Castro, Aiden Carthy, Isobel Oreilly Dr
An Ethical Discussion About The Responsibility For Protection Of Minors In The Digital Environment: A State-Of-The-Art Review, Charles Alves De Castro, Aiden Carthy, Isobel Oreilly Dr
Articles
Many ethical questions have been raised regarding the use of social media and the internet, mainly related to the protection of young people in the digital environment. In order to critically address the research question "who is responsible for ethically protecting minors in the digital environment?", this paper will review the main literature available to understand the role of parents, the government, and companies in protecting young people within the digital environment. We employed a holistic process that covers a state-of-the-art review and desk research. The article is divided into four sessions; (1) Government Policies from the European Union (EU) …
Teenagers’ Moral Advertising Literacy In An Influencer Marketing Context, Emma Sweeney, Margaret-Anne Lawlor, Mairead Brady
Teenagers’ Moral Advertising Literacy In An Influencer Marketing Context, Emma Sweeney, Margaret-Anne Lawlor, Mairead Brady
Articles
Teenagers are avid consumers of social media and also constitute attractive target audiences for influencer marketing (IM). Teenagers can perceive strong, parasocial relationships with influencers, frequently regarding them as being akin to a peer or a friend. Furthermore, influencer endorsements are observed to carry greater credibility and authenticity than traditional forms of advertising. This therefore raises questions about young consumers’ discernment of, and critical evaluation of the overall appropriateness when influencers act as conduits of commercial messages on behalf of brands. This paper reports on a qualitative study of 29 teenagers aged 15–17 years. The aim was to explore the …
Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner
Introduction To The Symposium On Soft And Hard Law On Business And Human Rights, Steven R. Ratner
Articles
This symposium turns to a major debate within a field of international law that has moved from the periphery to center stage in just a few decades—business and human rights, or BHR: Can and should international law's approach to the human rights impacts of business activity shift from today's mostly soft-law framework to a multilateral treaty regime? While advocates for and against such a treaty debate this point at the UN Human Rights Council and other venues, this symposium examines the problem from four theoretical perspectives. Each contribution offers insights for practitioners and scholars alike, but they suggest no easy …
Contextual Influences On Human Resources Development: Considerations And Evaluations On The Various External And Internal Factors That Shape And Influence Hrd In Organisations, Charles Alves De Castro
Contextual Influences On Human Resources Development: Considerations And Evaluations On The Various External And Internal Factors That Shape And Influence Hrd In Organisations, Charles Alves De Castro
Articles
This article aims to briefly understand and evaluate the main external and internal factors that impact directly on human resources development area within the organisations, mainly related to multinational companies. Also, it discusses the various aspects and influences on HRD-(Human Resources Development) such as societal, organisational/local, global, that impacts on costs, environment, regulations, policies, culture, beliefs, technology and values. This research was carried out by way of a literature review. This is important to demonstrate, explain and evaluate the current existent literature about this specific theme covered in this article. Furthermore, through this review we compared previous research on HRD. …
Jewish Time Jump: New York, Owen Gottlieb
Jewish Time Jump: New York, Owen Gottlieb
Articles
Jewish Time Jump: New York (Gottlieb & Ash, 2013) is a place-based mobile augmented reality game and simulation that takes the form of a situated documentary. Players take on the role of time traveling reporters tracking down a story “lost to time” to bring back to their editor at the Jewish Time Jump Gazette. The game is played in Washington Square Park in Greenwich Village, New York City. Players’ iPhones become their time traveling device and companion. Based on the player’s GPS location, players receive digital images from their location from over a hundred years in the past as well …
Cooking A Corporation Tax Controversy: Apple, Ireland And The Eu., Ciara Graham, Brendan O'Rourke
Cooking A Corporation Tax Controversy: Apple, Ireland And The Eu., Ciara Graham, Brendan O'Rourke
Articles
Given the centrality of corporations in distribution of income and wealth studies, discursive constructions of corporate taxation are essential to understanding the production of inequality. The focus of this study is an interview with Apple’s Chief Executive Tim Cook on the Irish state broadcaster, Raidió Teilifís Éireann’s (RTÉ) flagship news programme, Morning Ireland, following the ruling by the European Commission (EC) on the corporation tax arrangements between Apple Inc. and Ireland. Drawing on a Critical Discourse Analysis (CDA) approach, a frame analysis is provided. The significance and extent of the EC’s ruling has potential implications for corporation taxation policy, within …
In Memoriam: M. Cherif Bassiouni, Charles C. Jalloh
Impediments In The Corporate Social Responsibility (Csr) Space: A Mixed-Method Approach, Tony Kealy
Impediments In The Corporate Social Responsibility (Csr) Space: A Mixed-Method Approach, Tony Kealy
Articles
Despite the potentially positive image and reputation implications of businesses implementing strategies in Corporate Social Responsibility (CSR), there appears to be a dearth of companies willing to play a leading role in moving CSR activities to upper levels within the consciousness of the organisation. The vast majority of businesses are merely complying with national regulations in their business sustainability efforts. This study investigates the reasons why there are road-blocks in the pursuit of higher levels of sustainable business development. A 17-question on-line survey was administered to a number of global participant businesses in a range of industries. The resulting qualitative …
Does An Embedded Wind Turbine Reduce A Company’S Electricity Bill? Case Study Of A 300 Kw Wind Turbine In Ireland, Tony Kealy
Articles
In recent years, a growing number of small-to-medium-enterprises are embracing wind turbine projects not only as part of their cost reduction strategy but also to actively play their part in the global fight against climate change. However, it would appear there are currently limited empirical studies carried out in this emerging industry. This case study analyses the cost effectiveness of one such wind turbine initiative by a company in the Republic of Ireland, who invested in a 300 kW embedded wind turbine project at the end of 2013. The research methodology which is primarily a case study analysis included comparing …
The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles C. Jalloh
The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles C. Jalloh
Articles
This article examines the role of non-governmental organizations (NGOs) in advancing international criminal justice. I argue that NGOs have had considerable impact by contributing, among other things, to the global struggle against impunity through advocacy for the creation of more robust institutional mechanisms to prosecute those who perpetrate such crimes. This ranges from supporting the processes that led to the creation of several ad hoc international tribunals for Yugoslavia, Rwanda and Sierra Leone, all the way through to their support for the establishment of an independent permanent international penal court based in The Hague. The crux of my claim is …
Slimplexity: A Glimpse Inside The Hive Mind Of Snohetta, Noel Brady
Slimplexity: A Glimpse Inside The Hive Mind Of Snohetta, Noel Brady
Articles
Simplexity is an interview with Craig Dykers cofounder of Snohetta. The firm has a unique structure in Architecture circles with a Hive Mind like structure. In addition its parallel interests in Architecture and Landscape Design has meant that both professional strands have equal parity in the firms operation.
Working Paper: Concentration Of Secondary Schooling For Irish And Uk Elite Politicians, Brendan O'Rourke, John Hogan, Paul Donnelly
Working Paper: Concentration Of Secondary Schooling For Irish And Uk Elite Politicians, Brendan O'Rourke, John Hogan, Paul Donnelly
Articles
The study of elites and their formation has returned to centre stage in recent years. The lessons from these studies can be made more universal if a measure of elite formation could be developed that is comparable. The multifaceted nature of the concept of elite formation makes this complex. However, in this paper, by building upon measures used in other fields, such as industrial economics, we offer such a measure that facilitates comparison of elite formation. We illustrate this measure through a comparison of the schooling of Irish and British political elites.
Exploring Children's Understanding Of Television Advertising:Beyond The Advertiser's Perspective, Margaret-Anne Lawlor
Exploring Children's Understanding Of Television Advertising:Beyond The Advertiser's Perspective, Margaret-Anne Lawlor
Articles
Abstract Purpose - The aim of this article is to explore children's understanding of television advertising intent. Methodology- A different perspective on advertising intent is offered in this paper, as evidenced in an interpretive study of Irish children, aged between seven and nine years. A qualitative approach was employed, involving a series of focus group discussions and in-depth interviews with fifty-two children. Findings - The findings indicate that the participating children view advertising as serving interests including, but not limited to the advertiser. The existence of other interested parties is suggested by the children, namely the agendas of viewers and …
The Reformed Cfius Regulatory Framework: Mediating Between Continued Openness To Foreign Investment And National Security, George S. Georgiev
The Reformed Cfius Regulatory Framework: Mediating Between Continued Openness To Foreign Investment And National Security, George S. Georgiev
Articles
No abstract provided.
Do Different Iindustries Report Corporate Social Responsibility Differently?: An Investigation Through The Lens Of Stakeholder Theory, Lorraine Sweeney, Joseph Coughlan
Do Different Iindustries Report Corporate Social Responsibility Differently?: An Investigation Through The Lens Of Stakeholder Theory, Lorraine Sweeney, Joseph Coughlan
Articles
The social responsibility of business has become a major issue in recent years and the reporting of such activity is becoming more prevalent. Companies are attuning to the benefits of being seen as socially responsibly and many industries are jumping on the bandwagon of reporting CSR and using different media to communicate their activities in this arena to their stakeholders. This paper considers the content of one type of such communications, the annual report, and looks at how organisations are taking a focused stakeholder view of CSR rather than a wider view as would be expected from the ambiguity of …
Bridging The Divide? The European Court Of First Instance Judgment In Ge/Honeywell, George S. Georgiev
Bridging The Divide? The European Court Of First Instance Judgment In Ge/Honeywell, George S. Georgiev
Articles
No abstract provided.