Business Law, Public Responsibility, and Ethics Commons^™

An Ethical Analysis Of The Second Amendment: The Right To Pack Heat At Work, William Martin, Helen Lavan, Yvette Lopez, Charles Naquin, Marsha Katz

College of Business Faculty and Staff Works

We examine the issues concerning the legality and ethicalityof the Second Amendment right to bear arms balanced by the employer’s duty to provide a safe workplace for its employees. Two court rulings highlight this balancing act: McDonald et al. v. City of Chicago et al. and District of Columbia v. Heller. “Stand Your Ground” and “Castle Doctrine” laws in the recent Traven Martin shooting on February 26, 2012 are also applicable. Various ethical frameworks examine the firearms debate by viewing the Second Amendment from three perspectives. These include a pro-gun perspective drawing upon libertarianism and fundamental rights; a moderate gun …

Is Neuromarketing Ethical? Consumers Say Yes. Consumers Say No, Jason Flores, Arne Baruca, Robert Saldivar

Marketing Faculty Publications (Archived)

Advancements in the development of neuroscience have created the capacity for neuroscientific methods to be applied to marketing science and ultimately marketing practice. As a relatively nascent subfield in marketing, neuromarketing applies neuroscientific methods to study consumer reactions to specific marketing related stimuli. This study analyzes the use of neuromarketing by for-profit and non-profit organizations from an ethical perspective based on consumers’ point of view. The implications of consumers’ ethical judgments are also explored. The empirical evidence indicates that consumers perceive the use of neuromarketing-based marketing tactics by for-profit organizations to be unethical, yet the same tactics are considered ethical …

Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee

Faculty Scholarship

In this short commentary, we explore the use of two interrelated pedagogical methods for teaching transactional and business law. The first method is deal deconstruction, which analyzes the set of final deal documents and outcomes. This method is backward-looking, conducting a post-mortem on business transactions and analyzing the parties’ choices memorialized in the agreement against the legal and financial alternatives. The second method involves case studies and simulations, which are commonly seen in business schools. This method is forward-looking, exposing students to the uncertainties and situational contexts of doing deals and deal-related litigation. Together, these complementary methods help students understand …

The Interaction Between Learning Styles, Ethics Education, And Ethical Climate, Leanna Lawter, Tuvana Rua, Chun (Grace) Guo

WCBT Faculty Publications

The purpose of this paper is to investigate how learning styles and learning spaces interact to stimulate deep learning. Specifically the paper investigated the interaction of learning styles with ethics education and the ethical climate to influence the likelihood of engaging in ethical behavior.

Value-Enhancing Capabilities Of Csr: A Brief Review Of Contemporary Literature, Mahfuja Malik

WCBT Faculty Publications

This study reviews and synthesizes the contemporary business literature that focuses on the role of corporate social responsibility (CSR) to enhance firm value. The main objective of this review is to proffer a precise understanding of what has already been investigated and the findings of those investigations regarding the value-enhancing capabilities of CSR for public firms. In addition, this review identifies gaps in the existing literature, evaluates inconsistent findings, discusses possible data sources for empirical researchers, and provides direction for exploring other promising avenues in future studies. The thrust of the CSR literature largely acknowledges the value-enhancing capabilities of firms’ …

3d Printing As A Consumer Technology Business Model, Gail Brooks, Kim Kinsley, Tim Owens

Business

Although the technology for 3D printing has been around for more than three decades, its full potential is just beginning to be realized in the business world. Ideas for 3D printing run the gamut from the hobbyist printing jewelry and toys to the medical industry researching 3D printing of human organs. One way businesses are utilizing 3D printing is through support services within their own business processes, referred to in this paper as a consumer technology business model. As with any emerging use of a technology, legal and ethical issues will arise. This paper shows how 3D printing has evolved, …

Facilitating Successful Failures, Michelle M. Harner, Jamie Marincic Griffin

Faculty Scholarship

Approximately 80,000 businesses fail each year in the United States. This article presents an original empirical study of over 400 business restructuring professionals focused on a critical, arguably contributing factor to these failures—the conduct of boards of directors and management. Anecdotal evidence suggests that management of distressed companies often bury their heads in the sand until it is too late to remedy the companies’ problems, a phenomenon commonly called “ostrich syndrome.” The data confirm this behavior, show a prevalent use of loss framing, and suggest trends consistent with prospect theory. The article draws on these data and behavioral economics to …

Trusteed Individual Retirement Accounts - Risk Management & Client Benefits In The Wake Of Clark V. Rameker, Brian J. Halsey, Julie D. Pfaff, Jennifer C. Halsey

Accounting Faculty Publications

No abstract provided.

Is Neuromarketing Ethical? Consumers Say Yes. Consumers Say No, Jason Flores, Arne Baruca, Robert Saldivar

WCBT Faculty Publications

Advancements in the development of neuroscience have created the capacity for neuroscientific methods to be applied to marketing science and ultimately marketing practice. As a relatively nascent subfield in marketing, neuromarketing applies neuroscientific methods to study consumer reactions to specific marketing related stimuli. This study analyzes the use of neuromarketing by for-profit and non-profit organizations from an ethical perspective based on consumers’ point of view. The implications of consumers’ ethical judgments are also explored.

The empirical evidence indicates that consumers perceive the use of neuromarketing-based marketing tactics by for-profit organizations to be unethical, yet the same tactics are considered ethical …

An Empirical Examination Of The Determinants Of The Us Financial Ceos' Compensation For The Post-Financial Crisis Period, Eunsup Daniel Shim, Jooh Lee

WCBT Faculty Publications

The US financial crisis of 2008 and subsequent Global Financial Crisis were considered by many economists the worst financial crisis since the Great Depression of the 1930s. As a results, Dodd-Frank Act has passed and aims “(1) to promote the financial stability of the United States by improving accountability and transparency in the financial system, to end "too big to fail", (2) to protect the American taxpayer by ending bailouts, (3) to protect consumers from abusive financial services practices, and for other purposes.”*** The enactment of Dodd-Frank Act, in part, intended to significantly influence accountability on executive compensation especially for …

Teaching The Catholic Intellectual Tradition Through An Experiential Learning Program, Susan T. Dinnocenti, Maria Lizano-Dimare, Khawaja Mamun, Rupendra Paliwal

WCBT Working Papers

A Catholic University has a specific mission of preserving, transmitting and developing the Catholic Intellectual Tradition. This paper proposes an experiential learning program to support this mission of the catholic universities. This program aims to provide integrated and practical learning of fundamental moral values of catholic intellectual tradition and issues related to social justice while developing the critical and analytical thinking through exposure to real world problems, their possible solutions and a personal reflection. In this paper, we use a microfinance program in an underdeveloped country as the premise for the experiential learning program specifically for business students. Moreover, the …

Ethics And Market Economic System: A General Review And A Survey, Reza G. Hamzaee

International Journal of Applied Management and Technology

Recent global recession has motivated this predominantly historical and exploratory research of thoughts and perceptions. A continuous planning of governmental correction of any market failure, such as various types of externalities and information asymmetry, has been strongly recommended by the pioneers of free enterprise systems. Capitalism—in which private ownership of means of production, physical capital, human capital, financial capital, brand-name capital, social capital, land, and mineral deposits are all protected by law without implementation of a series of certain evolving ethical standards and principles—may not continue to be the same efficient system as implied to be by the cost-benefit balancing …

Safaricom: Innovative Telecom Solutions To Empower Kenyans, Laura Beauchesne, Nick Dorion, Nathaniel Griggs, Jeffrey S. Harrison

Robins Case Network

Safaricom is thriving by selling what many would consider a luxury product in an impoverished country. Africa is a vast market for telecommunications, and Kenya is the third largest mobile market. It is also one of the fastest growing economies in the region. This case contains a fascinating perspective on Kenya, and on the range of services Safaricom provides to its citizens. It also contains excellent detail on Safaricom’s business and philanthropic strategies.

Household Regulation And European Integration: The Family Portrait Of A Crisis, Philomila Tsoukala

Georgetown Law Faculty Publications and Other Works

This article develops a theoretical framework for analyzing the regulation of the household and its effects on the economy. Incorporating insights from family economics, comparative family law, legal realism, political economy and feminism, it describes the array of different legal regimes that can affect household composition and function. The article then analyzes the case of Greece using this framework. It argues that the role of households organized as families was a central element in the Greek debt crisis, overlooked by scholars and policymakers alike. It identifies the host of legal regimes that helped consolidate families as the main providers of …

Interdisciplinary Perspectives On Corruption, David Jancsics

Publications and Research

Corruption has become one of the most popular topics in the social scientific disciplines. However, there is a lack of interdisciplinary communication about corruption. Models developed by different academic disciplines are often isolated from each other. The purpose of this paper is to review several major approaches to corruption and draw them closer to each other. Most studies of corruption fall into three major categories: (i) rational-actor models where corruption is viewed as resulting from cost/benefit analysis of individual actors; (ii) structural models that focus on external forces that determine corruption; and (iii) relational models that emphasize social interactions and …

Corporate Governance Theory And Review Of Board Decisions, Christopher M. Bruner

Scholarly Works

No abstract provided.

A Moral Debate: The Responsibility Of Human Resource Professionals In The Implementation Of A Code Of Ethics, Erika Felty

Senior Honors Theses

The overarching idea of this thesis is that human resource professionals have a responsibility to oversee a code of ethics that governs employee behavior within an organization. Although the development and implementation of such a code is a collaborative effort between stakeholders, human resource managers bring value to a code through factors such as training and communication. Initially, one must define ethics and a code of ethics, in order to better understand the creation, management, and implementation of the code. Recent ethical situations in the world today, such as Enron and TI Instruments, establish and exemplify the purpose and overall …

Big Data Vs. Big Brother: The Fine Line Of Personalization And Privacy, Wanda Inthavong, John A. Schibrowsky

McNair Poster Presentations

Purpose – To review privacy issues surrounding Big Data and creating recommendations to aid in resolving these issues.

Approach - Reviews current literature regarding Big Data and its implication on privacy.

Findings – Regulation changes/additions not as beneficial as some researchers believe. Creating & streamlining one universal regulation to better protects consumer privacy information may gain back consumer confidence.

Leveraging Property Tax Growth: Tax Increment Financing In Tennessee, G. Mark Mamantov, Jeffrey A. Oldham, Jordana K. Nelson, James P. Moneyhun Jr.

Transactions: The Tennessee Journal of Business Law

Local economic development officials face the daunting challenge of attracting new businesses and promoting worthy projects in challenging economic times, when every community in the country is prepared to vigorously compete for any new project. As local economic development officials in Tennessee strive to promote their communities, they try to utilize every possible tool in the economic development toolbox to make their location as attractive as possible. At the local level, however, the breadth of incentives in Tennessee is fairly limited, and the mythical toolbox is not very full.

However, one type of incentive that has become a tool frequently …

Vestigal Literalism In The Interpretation Of Corporate Financing Instruments, Royce De R. Barondes

Transactions: The Tennessee Journal of Business Law

Modernly, one will study the law of contracts as a homogeneous body of law. The conceptualization is helpful in creating an appearance of order, allowing for the development of analytical frameworks. The construct breaks down, however, on detailed inspection. This article provides an illustration by examining aspects of the law governing corporate finance—legal principles at the intersection of the law of contracts and corporation law.

This article examines the application of contract doctrine to corporate financing transactions to a number of ends. First, it illustrates substantial inconsistencies in the application of contract doctrine depending on the subject matter. Principles applied …

The University Of Tennessee College Of Law's Business Law Clinic Continues To Make An Impact For Students, Clients, And The Community, Michael R. Crowder

Transactions: The Tennessee Journal of Business Law

In 1992, the American Bar Association published a report entitled Legal Education and Professional Development – An Educational Consortium (commonly known as the MacCrate Report), and in 2007, the Carnegie Foundation published a report entitled Educating Lawyers: Preparation for the Profession of Law, (known as the Carnegie Report). Both reports made suggestions for improving the immediate usefulness of legal education, and, although published fifteen years apart, both reports essentially advocated the same thing: that legal education should place more of an emphasis on practical skills training in order to increase its usefulness to law graduates and their employers. The disconnect …

2013 Jobs Act Review & Analysis Of Emerging Growth Company Ipos, Todd Blakeley Skelton

Transactions: The Tennessee Journal of Business Law

In April 2012, the U.S. Congress passed the Jumpstart Our Business Startups Act (the “JOBS Act”) with the goals of expanding access to capital markets and increasing flexibility in capital formation. In short, the JOBS Act eases restrictions imposed by federal securities laws. These laws—primarily the Securities Act of 1933, as amended (the “Securities Act”), the Securities Exchange Act of 1934, as amended (the “Exchange Act”), the Sarbanes-Oxley Act of 2002,5 as amended (the “Sarbanes-Oxley Act”), and the Dodd-Frank Wall Street Reform and Consumer Protection Act,6 as amended (the “Dodd-Frank Act”)—are intended to protect both investors and markets.

This article …

The Impact Of Clean Energy On Economic Growth: An Econometrics Approach, Cheng Zhang

Pepperdine Policy Review

This paper reviews the relationship between economic performance and clean energy using country level data. A combined instrumental variable and fixed-effect regression model is adopted to determine the relationship. By examining data in the past 50 years, we conclude that developing alternative energy will harm GDP growth, but to a relatively small degree. Thus, policymakers can take advantage of alternative energy research and development as a long-term investment that will reduce reliance on traditional energy sources.

The First-Year Seminar: An Innovative Way For Business Law Professors To Integrate Liberal Arts Pedagogy Into Undergraduate Business Education, Porcher L. Taylor Iii, Lewis A. Litteral

School of Professional and Continuing Studies Faculty Publications

We begin with a brief historical perspective of first-year experiences and how, through a 30-year journey, that pedagogical innovation recently and literally flipped upside down my approach to produce student learning. Then we will examine the genesis, development, and teaching of my current FYS Water: Economics, Politics and Policy, and why it has been such a successful course at my university. Next, my coauthor will examine the genesis, development, and teaching of his FYS Morality and the Great Recession of 2008-2009, another successful example of the FYS at our university.

With that as a pedagogical foundation, we offer …

Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell

Transactions: The Tennessee Journal of Business Law

“DPAs [(Deferred Prosecution Agreements)] have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe,” declared Lanny Breuer, the head of the Criminal Division of the U.S. Department of Justice (DOJ) on September 13, 2012.2 Deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) are settlement agreements between a prosecutor and a defendant in which the prosecutor agrees to either defer or forego prosecution in return for the defendant’s cooperation in an ongoing investigation or prosecution, as well as an agreement to comply with the requirements of the settlement. Rather than forcing prosecutors to …

Does Corporate Governance Make Financial Reports Better, Or Just Better For Equity Investors?, Dan Segal, Benjamin Segal, Shai Levi

Research Collection School Of Accountancy

Financial reports should provide useful information to both shareholders and creditors, according to U.S. accounting principles. However, directors of corporations have fiduciary duties only toward equity holders, and those fiduciary duties normally do not extend to the interests of creditors. We examine whether this slant in corporate governance biases financial reports in favor of equity investors, and in particular leads to a downward bias in reported debt that can hurt creditors. We focus on firms’ decision to issue structured debt securities that are classified as equity in financial reports and can circumvent debt covenants. We find that when the local …

The Monitor-Client Relationship, Veronica Root

Faculty Scholarship

After the government discovers wrongdoing by a corporation, the corporation and the government often enter into an agreement stating that the corporation will retain a “monitor.” A corporate compliance monitor, unlike the gatekeeper, is not charged with “monitoring” the corporation in an attempt to detect and prevent wrongdoing. A monitor, unlike the probation officer, is not solely charged with ensuring that the corporation complies with a previously determined set of requirements. Instead, a corporate compliance monitor is responsible for (i) investigating the extent of the wrongdoing already detected and reported to the government, (ii) discovering the cause of the corporation’s …

Ethics And Executive Compensation, Brittany Silvey

Honors Program Theses

To investigate the ethics behind compensation plan calculations, to determine if unaudited measures are being used in publicly traded companies, and how often unaudited measures are being used I considered twenty-six companies from a variety of industries. These included technology, agriculture, retail, finance and insurance, health care, natural resources, and others. Industry leading companies were selected to be studied as well as some of personal interest. Companies that have been speculated by financial analysts, recent published articles, or studies as companies that have unethical compensation plans and have used unethical accounting practices in determining executive compensation were also considered. These …