Business Law, Public Responsibility, and Ethics Commons^™

Sustainable Solutions For Human Security And Anti-Corruption: Integrating Theories And Practices, Marco Tavanti, A Stachowicz-Stanusch

Public and Nonprofit Administration

Corruption is a real issue affecting the understanding and practices promoting human security. This article introduces the frameworks of sustainable human security in relation to anticorruption. Human security is explored in its historical evolution and the more recent expansion of its frameworks, including the sustainability and systemic elements. The notion of sustainable human security is examined in relation to corruption and anti-corruption, as expressed in the current challenges and opportunities on sustainable development and human international development.

The Use Of Management Control Systems To Formulate And Implement Csr Strategy: A Levers Of Control Perspective, Diane-Laure Arjaliès, Julia Mundy

Business Publications

Little is known about the role of management control systems (MCS) in managing the strategic processes that underpin Corporate Social Responsibility (CSR). To enhance our understanding of this phenomenon, this study employs Simons’ (1995) levers of control framework to explore how organizations leverage MCS in different ways in order to drive strategic renewal and trigger organizational change while simultaneously supporting society’s broader sustainability agenda. Drawing on data gathered from France’s largest listed companies – members of the CAC 40 – we provide insights into the structures and processes that companies employ to design, implement and monitor their CSR strategy. In …

The Use Of Fear Appeals To Communicate Public Health Messages, Katie Mcsweeney, Simon Stephens

Irish Business Journal

This paper provides an insight into the use of fear appeals to communicate a public health message. A fear appeal is a means of persuasion that threatens the audience with a negative, physical, psychological, and/or social consequence that is likely to occur if they engage in a particular behaviour. This paper explores: the effectiveness of fear appeals; the impact gender and age have on the effectiveness of a fear appeals; and ethical concerns relating to fear appeal advertising. This study comprises a two stage data collection process: focus groups and depth interviews. Firstly, two focus groups were conducted. The participants …

A Global Comparison Of Insider Trading Regulations, James H. Thompson

All Faculty Scholarship for the College of Business

As the business world continues to expand in global markets, trading of shares, bonds, derivatives and other instruments continues to increase. One form of trading that has received considerable interest in recent years is insider trading. Insider trading occurs when individuals with potential access to non-public information about a corporation buy or sell stock of that corporation. When the information is material and non-public, such trading is illegal. However, if the trading is done in a manner that does not take advantage of non-public information, it is often permissible. This study compares insider trading laws, penalties, and convictions in countries …

Lawyers In The Shadows: The Transactional Lawyer In A World Of Shadow Banking, Steven L. Schwarcz

Faculty Scholarship

This article examines how the role of transactional lawyers should change in the new world of shadow banking. Although transactional lawyers should consider the potential systemic consequences of their client's actions, their actions should be tempered by their primary duties to the client and by their responsibilities to the l,egal system more broadly.

Sustainability: A Paradigmatic Shift In Entrepreneurship Education, Frances M. Amatucci, Nelson Pizarro, Jay Friedlander

New England Journal of Entrepreneurship

This article proposes that sustainability represents a paradigmatic shift from traditional perspectives in entrepreneurship education. This “call to action” argues that it is imperative for entrepreneurship scholars and practitioners to add sustainability to academic curricula and consulting support activities. The evolutionary development of entrepreneurship from the traditional profit-oriented perspective to sustainable entrepreneurship is described. A case study of an academic institution, which has successfully incorporated sustainability principles into its curriculum, is provided.This article is among the first that details the importance of a paradigmatic shift because “business as usual” is no longer effective in the twenty-first century.

Incorporating Litigation Perspectives To Enhance The Business Associations Course, Ann M. Scarlett

Journal of Business & Technology Law

No abstract provided.

Teaching Business Law In The New Economy; Strategies For Success, Kamille Wolff Dean

Journal of Business & Technology Law

No abstract provided.

Double Dutch: Teaching Business Associations In Two Semesters, Christyne J. Vachon

Journal of Business & Technology Law

No abstract provided.

Teaching Federal Corporate Law, Verity Winship

Journal of Business & Technology Law

No abstract provided.

By Design: Ethics, Theology, And The Practice Of Engineering, Brad Kallenberg

Theology and Religious Studies Faculty Publications

Both engineering and human living take place in a messy world, one chock full of unknowns and contingencies. "Design reasoning" is the way engineers cope with real-world contingency. Because of the messiness, books about engineering design cannot have "ideal solutions" printed in the back in the same way that mathematics textbooks can. Design reasoning does not produce a single, ideally correct answer to a given problem but rather generates a wide variety of rival solutions that vie against each other for their relative level of "satisfactoriness." A reasoning process analogous to design is needed in ethics. Since the realm of …

Merger Settlement And Enforcement Policy For Optimal Deterrence And Maximum Welfare, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

Merger enforcement today relies on settlements more than litigation to resolve anti-competitive concerns. The impact of settlement policy on welfare and the proper goals of settlement policy are highly controversial. Some argue that gun-shy agencies settle for too little while others argue that agencies use their power to delay to extract over-reaching settlement terms, even when mergers are not welfare-reducing. This article uses decision theory to throw light on this controversy. The goal of this article is to formulate and analyze agency merger enforcement and settlement commitment policies in the face of imperfect information, litigation costs, and delay risks by …

A More Realistic Approach To Directors' Duties, Michelle M. Harner

Faculty Scholarship

Expectations for what fiduciary duties can achieve in the corporate context are unrealistic. This segment of the law—and the alleged deficiencies therein—are blamed for corporate scandals, securities fraud, failed business plans, and even a company's insolvency. Risk is, however, inherent in business, and human beings are flawed. Fiduciary duty law cannot change these basic facts. To the extent we think it can, we will continue to be disappointed and frustrated. This essay considers recasting (and to a greater extent codifying) directors’ duties in a positive frame to help foster better director oversight. It does not suggest that codifying greater clarity …

Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana

Journal of Business & Technology Law

No abstract provided.

Teaching Antitrust After The Financial Crisis, Maurice E. Stucke

Journal of Business & Technology Law

No abstract provided.

Effects Of Global Competitiveness, Human Development, And Corruption On Inward Foreign Direct Investment, Tamilla Curtis, Dawna L. Rhoades, Tom Griffin

Management, Marketing and Operations - Daytona Beach

The purpose of this paper is to investigate which of Dunning's location-specific advantages of host countries, presented as composite indices for Global Competitiveness, Human Development and Corruption Perception, better predict the level of inward Foreign Direct Investment (FDI).

A stepwise multiple regression method was applied on a sample of 129 countries, which was further divided into two subgroups: OECD members and non-OECD members. The study provides evidence that global competitiveness and the level of corruption of the host country are important determinants for inward FDI. For non-OECD countries the Human Development index appears to be an additional FDI determinant. More …

Shareholder Primacy In The Classroom After The Financial Crisis, David Millon

Journal of Business & Technology Law

No abstract provided.

[Introduction To] Leadership Ethics, Joanne B. Ciulla, Mary Uhl-Bien, Patricia H. Werhane

Bookshelf

Research into the topic of leadership ethics has grown and evolved gradually over the past few decades. This timely set arrives at an important moment in the subject's history. In a relatively new field, such a collection offers scholars more than articles on a topic; it also serves to outline the parameters of the field. Carefully structured over three volumes, the material runs through an understanding of the key philosophic and practical questions in leadership ethics along with a wide range of literature - from disciplines including philosophy, business and political science, to name a few- that speaks to these …

Corporate Social Responsibility In South Africa's Mining Industry: Redressing The Legacy Of Apartheid, Madeleine Busacca

CMC Senior Theses

Corporate Social Responsibility is particularly relevant in the mining industry globally given the industry’s extractive nature. In the mining industry, significant pressure comes from interest groups and nonprofit organizations that have a tendency to target mining companies for their alleged lack of consideration and accountability to the environment and in the communities in which they operate. A push for CSR in the mining industry is especially prevalent in South Africa where mining has dominated the country’s economy for so long. CSR can help rid South Africa’s mining industry of its long history of instability and conflict that characterized class and …

Ever Expanding Responsibilities: Upstream And Downstream Corporate Social Responsibility, Judith Schrempf-Stirling, Guido Palazzo, Robert A. Phillips

Management Faculty Publications

The debate on corporate social responsibility (CSR) has been on the public and academic agenda for several decades. In general, CSR issues can be divided into production-related issues (along the supply chain - or how things are made) and consumption-related issues (towards the consumer and society at large - or how things are used). Following the terminology of Phillips and Caldwell, upstream CSR refers to the CSR debate along the supply chain, and downstream CSR refers to corporate responsibility towards consumers and society at large. The chapter examines current CSR issues, and proposes a social connection model to …

The Organization Of Banking And Supervision, Introduction And Overview, Clas Wihlborg

Business Faculty Articles and Research

"The focus of this Special Issue is on organizational reforms in the financial sector in the aftermath of the financial crisis 2007-2009 and the subsequent euro-zone crisis. In particular, the perception that many banks were too big and too complex to fail during the crisis, which led to very costly bailouts at tax-payers expense in several countries, has fueled a number of proposals to limit the size and the complexity of financial institutions, as well as proposals to reorganize public authorities responsible for supervision and crisis management."

Insider Trading Restrictions And Top Executive Compensation, David J. Denis, Jin Xu

Purdue CIBER Working Papers

The use of equity incentives is significantly greater in countries with stronger insider trading restrictions, and these higher incentives are associated with higher total pay. These findings are robust to alternative definitions of insider trading restrictions and enforcement, and to panel regressions with country fixed effects. We also find significant increases in top executive pay and the use of equity-based incentives in the period immediately following the initial enforcement of insider trading laws. We conclude that insider trading laws are one channel through which cross-country differences in pay practices can be explained.

Hong Kong's Economic Freedom And Income Inequality, Emmett Choy

CMC Senior Theses

Hong Kong is considered to be the most economically free country in the world, but also has the highest amount of income inequality of any developed country. The Hong Kong government is able to sustain laissez faire policies due to its monopoly on land supply. Maintaining high property values allows the government to maximize revenue from property tax, which acts as a hidden tax. A major contributor to income inequality is the formation of oligopolies in Hong Kong that creates an anticompetitive environment. The interests of the government and oligarchs are aligned as both obtain significant portions of revenue from …

State Level Earned Income Tax Credit’S Effects On Race And Age: An Effective Poverty Reduction Policy, Anthony J. Barone

CMC Senior Theses

In this paper, I analyze the effectiveness of state level Earned Income Tax Credit programs on improving of poverty levels. I conducted this analysis for the years 1991 through 2011 using a panel data model with fixed effects. The main independent variables of interest were the state and federal EITC rates, minimum wage, gross state product, population, and unemployment all by state. I determined increases to the state EITC rates provided only a slight decrease to both the overall white below-poverty population and the corresponding white childhood population under 18, while both the overall and the under-18 black population for …

The Modern Day Corporation: A Philosophical Analysis Of How Corporations Behave And How They Should Behave, Daniel Shane

CMC Senior Theses

We seem to hold corporations to an impossible standard. We call for profit maximization, but at the same time want to place strict limits on the methods corporations may use to obtain them. In this thesis, I explore two popular theories of the corporation: stakeholder theory and shareholder theory. I examine the degree to which each theory explains the corporation as it exists today, as defined in the law and through its behavior, but also the theories‘ normative appeal. I conclude by positing what I find to be the best normative account of the corporation: a theory of how we …

An Empirical Analysis Of Differences In Environmental Transparency Across Firms, Sean Robert Smith

CMC Senior Theses

In recent years, many firms have voluntarily taken actions to gradually increase the transparency of their corporate social responsibility (CSR) efforts. Using data on a sample of U.S. firms, this paper empirically examines the factors that encourage firms to choose different levels of CSR transparency. This adds to the previous literature that has focused only on the binary decision to engage or not to engage in CSR, as opposed to the extent and comprehensiveness of voluntary CSR reporting. Environmental transparency data are collected from the Roberts Environmental Center (REC) at Claremont McKenna College, while data for firm characteristics and toxic …

Do Employers Have Obligations To Pay Their Workers A Living Wage?, Javier S. Hidalgo

Jepson School of Leadership Studies articles, book chapters and other publications

Jeremy Snyder argues that employers have obligations to pay their workers a living wage if workers stand in relationships of dependence with their employers. I argue that Snyder’s argument for this conclusion faces a dilemma. Snyder can adopt either a descriptive or a moralized account of dependence. If Snyder adopts a descriptive account, then it is false that dependence activates obligations to pay a living wage. If Snyder endorses a moralized account of dependence, then Snyder’s argument is circular. So, Snyder’s argument fails to establish that employers have obligations to pay their workers a living wage.

Corporate Social Responsibility As Corporate Soft Law: Mainstreaming Ethical And Responsible Conduct In Corporate Governance, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This article explores corporate social responsibility ("CSR') as a viable mode of regulation and governance in the corporate arena. A starting premise is that good corporate governance must move resolutely beyond a compliance mindset to one which recognises that effective corporate governance must have an ethical backbone in which the dimensions of responsibility, transparency, and accountability are evident, recognised and supported. Regulatory endeavours and corporate governance reforms in the past decade have increasingly intersected with mainstream CSR motivations. CSR is increasingly inducted and mainstreamed into corporate governance thinking, characterised by the dual perspective ofrisk management and values-driven/principled governance and operations. …

Ipos And The Slow Death Of Section 5, Donald C. Langevoort, Robert B. Thompson

Georgetown Law Faculty Publications and Other Works

Since its enactment, Section 5 of the Securities Act of 1933 has restricted sales-based communications with investors, but that effort is nearly dead even with respect to the most sensitive of offerings, the IPO. Our paper traces that devolution, which began almost as soon as the ’33 Act came into existence, though the SEC’s 2005 deregulatory reforms and Congress’ intervention in the JOBS Act of 2012. We show how much of this related to an embrace of “book-building” as the industry’s preferred method of price discovery, which requires private two-way communications between underwriters and potential sophisticated investors. But book-building (and …

The Organisational Climate Of Sustainability: A Survey, Anke Arnaud, Janet K. Tinoco, Dawna L. Rhoades

Management, Marketing and Operations - Daytona Beach

This study describes three dimensions of the climate of sustainability and the development of a survey for assessing these dimensions. The authors report the results of two studies conducted to measure the climate of sustainability dimensions of sensitivity to sustainability (six items), motivation for sustainability (six items), and responsibility for sustainability (five items). Results support that the climate of sustainability is a reliable instrument and demonstrate the convergent and discriminant validity of each survey dimension. Furthermore, results show the criterion-related validity of the climate of sustainability with respect to innovation strategy and employee attitudes including satisfaction and turnover intentions. Implications …