Business Law, Public Responsibility, and Ethics Commons^™

Transforming The Chinese Economy, Singapore Management University

Perspectives@SMU

Can China really grow by eight percent every year until 2033?

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 …

Stewardship In The Interests Of Systemic Stakeholders: Re-Conceptualizing The Means And Ends Of Anglo-American Corporate Governance In The Wake Of The Global Financial Crisis, Zhong Xing Tan

Journal of Business & Technology Law

No abstract provided.

Compensation Ethics And Organizational Commitment, Jeffrey Moriarty

Philosophy Faculty Publications

If an employee is committed to his firm – if he is “attached” or “bound” to it – then his firm may be able to obtain a discount on his labor. This paper asks: Is it wrong for firms to do so? If we understand just or fair pay solely in terms of voluntary agreements between employers and employees, the answer seems to be ‘no’. Against this, I argue that, in some cases, it is ‘yes’. In particular, it is wrong for firms to try to obtain discounts on their committed employees’ labor when their employees reasonably expect that they …

The Connection Between Stakeholder Theory And Stakeholder Democracy: An Excavation And Defense, Jeffrey Moriarty

Philosophy Faculty Publications

In early writings, stakeholder theorists supported giving all stakeholders formal, binding control over the corporation, in particular, over its board of directors. In recent writings, however, they claim that stakeholder theory does not require changing the current structure of corporate governance and further claim to be “agnostic” about the value of doing so. This article’s purpose is to highlight this shift and to argue that it is a mistake. It argues that, for instrumental reasons, stakeholder theorists should support giving all stakeholders control over the corporation, in the form of control over its board. That is, stakeholder theorists should support …

Big Questions Travels The World For Answers To Human Need

DePaul Magazine

"Big Questions" is a 13-episode series of stories from around the world that highlights impoverished and stressed communities and those who have come to their aid. The series if based on the question, "What can on person do to change the world?" It was produced cooperatively by four colleges at DePaul--Business, Communication, Liberal Arts and Social Sciences, and Computing and Digital Media, by faculty and students and aired on local PBS stations.

Corporations, The Democratic Deficit, And Voting, Jeffrey Moriarty

Philosophy Faculty Publications

Many writers argue that a “democratic deficit” is created when private actors such as corporations take on state functions. The problem, it is said, is that the course of public life is being shaped by agents who are not accountable to the public. We evaluate this claim and consider what should be done about it. We focus in particular on a recent attempt, put forward principally by Palazzo and Scherer, to address the democracy deficit by “democratizing” corporations. We argue that their proposal, while promising, has a significant defect. We then propose a remedy for this defect. In sum, our …

Estimate Of Usda Licensed Breeders 2014, The Humane Society Of The United States

PUPPY MILL REPORTS

A state-by-state breakdown in map format showing the number of licenses for: Class A Commercial Breeders Facilities that breed companion animals, primarily dogs, for resale into the pet trade; and Class B Brokers / Dealers Middlemen who obtain animals from breeders and then resell them.

101 Puppy Mills: A Sampling Of Problem Puppy Mills In The United States, The Humane Society Of The United States

PUPPY MILL INFORMATION

The goal of the report is to inform consumers about widespread problems with puppy mills before they make an uninformed purchase that could potentially support animal cruelty. The report includes puppy mills from 22 states, but because most of the dealers sell online or to pet stores, their puppies could be available to unwary consumers in all 50 states and beyond.

The breeders and sellers on this list represent common issues with puppy mills and puppy mill brokers. This report is not a complete list of all puppy mills, nor a list of all problematic facilities. For more information on …

Should Courts Do Behavioral Analysis Of Boardroom Conduct?, Dale A. Oesterle

Journal of Business & Technology Law

No abstract provided.

Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby

Journal of Business & Technology Law

No abstract provided.

In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky

Journal of Business & Technology Law

No abstract provided.

Sustainability Dilemmas In Emerging Economies, Rama K. Jayanti, M.V. Rajeev Gowda

Business Faculty Publications

Increasing evidence of climate change is forcing businesses to play an active role in reducing sustainability burdens and preserving resources for future generations. Extant research on sustainability has an exclusive focus on developed countries with stringent environmental regulations and activist scrutiny. Emerging markets present interesting dilemmas since rapid mass urbanisation aimed at raising standards of living poses concomitant threats to environmental health. This round table aimed to showcase best practices in sustainability within the Indian business context. Insights from the discussion regarding sustainability dilemmas provide a fertile ground for bench marking global sustainability best practices.

Baker Hughes: Greasing The Wheels In Kazakhstan (Fcpa Violations And Implementation Of A Corporate Ethics And Anti-Corruption Compliance Program, Mark Holtzblatt, Norbert Tschakert

Business Faculty Publications

This case discusses the Foreign Corrupt Practices Act (FCPA) violations of Texas-based Baker Hughes, in connection with its oil service operations in Kazakhstan. You will assume the position of a newly assigned audit committee member who is trying to understand Baker Hughes’ FCPA violations related to its Kazakhstan operations. Your investigation will involve the examination of the SEC court complaint, press releases, government and company publications and 10-K annual reports. Baker Hughes’ FCPA experiences illustrate the corruption risks and difficulties that multinational corporations encounter in conducting international business. The subsequent creation of a new Baker Hughes Code of Conduct, FCPA …

Le Mouvement De L’Investissement Socialement Responsable: Une Mise En Perspective Historique (The Sri Movement: An Historical Perspective), Diane-Laure Arjaliès

Business Publications

French Abstract: Ce chapitre offre un panorama historique de l'ISR en France et dans le reste du monde.

English Abstract: This chapter provides an historical overview of the SRI movement in France and worldwide.

Undergraduate Education Background And Ethical Decision Making, Ian H. King

Doctor of Business Administration (DBA)

This research study sought to identify differences in ethical decision making between individuals with a liberal arts educational background and a business educational background. The study surveyed undergraduate degree students from liberal arts and business school programs. The Defining Issues Test, Version 2 (DIT-2) was given to respondents to identify differences of the DIT-2 results among the study participants consisting of undergraduate seniors. The research results yielded significantly higher mean postcoventional moral judgment scores by the liberal arts majors compared to the business majors.

Is There Sufficient Guidance To Detect, And Obtain A Conviction For, Occupational Fraud In Ireland?, Carmel Buttimer

Masters

There has been an increased focus in the Irish media on fraud, particularly since the collapse of Anglo Irish Bank in 2007. There has however been little academic research undertaken into occupational fraud in Ireland. This study will examine whether or not the current guidance to detect and convict occupational fraud in Ireland is sufficient.

This study achieves its objective by examining the content of press articles reporting thirty-five occupational fraud cases convicted in Ireland in the period 2002 to 2013. It categorises the content of the articles using a framework developed by Cohen et al. (2010), which combines the …

The Effects That Liquid And Solid Cattle Manure Have On The Water Quality Of Drainage Ditches In Putnam County, Ohio, Janelle Horstman

Honors Projects

Lake Erie has experienced harmful algal blooms with increased frequency since the mid-1990s due to excess nutrients from Rivers, such as the Maumee River, and largely agricultural watersheds. Nonpoint source pollution from agriculture contributes to eutrophication, algal blooms, and the degradation of water quality. This creates stress on aquatic fauna, reduced aesthetic quality, odor, and limits of the water for usage of drinking, recreation, and industry. This research paper asks what the contributions of having access to manure application records, soil records, and information about antibiotics have on what is known about manure management and antibiotic resistance, which has been …

Alternative Funding Mechanisms For State Transportation Systems In Predominantly Rural States, John E. Anderson, Eric Thompson

Bureau of Business Research Publications

The Transportation Research Board of the National Academies has identified a number of research needs related to alternative transportation finance systems. Alternatives are needed because motor fuels taxes are proving to be insufficient to fund operation and maintenance costs of the transportation system. The long-term trend is likely to be continuing use of motor fuel taxes, supplemented by, or transitioning to, use-based fees. Current research in progress in this area is focused on designing variable fees that will internalize congestion externalities in urban areas. These approaches are particularly well suited to highly urbanized areas, but other approaches may be required …

The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co., Paula Alexander Becker

New England Journal of Entrepreneurship

Kiobel v. Royal Dutch Petroleum Co. involves an action under the Alien Tort Statute (ATS). The case was brought in the United States, Southern District of New York, by the widow of Dr. Barinem Kiobel, a Nigerian activist and member of the Ogoni tribe, and others for human rights violations committed in the Niger River Delta. Defendants include Royal Dutch Petroleum, Shell Transport and Trading Co., and Shell Petroleum Development Company of Nigeria. Although the human rights violations including murder and torture were allegedly committed by the Nigerian military government, it is claimed that the Royal Dutch Petroleum defendants aided …

Employee Internet Privacy: A Proposed Act That Balances Legitimate Employer Rights And Employee Privacy, Susan Park

Management Faculty Publications and Presentations

When Justin Basset interviewed for a job in New York City in 2012, he expected to respond to questions one is typically asked in a job interview. However, his interview took a modern technological twist when the interviewer opened her computer and attempted to look at Mr. Basset’s Facebook profile on her computer. Unable to see the details of his profile because he had taken advantage of Facebook’s privacy options to limit public viewing, she asked for his login information to access his account. He declined and withdrew his application.¹ In 2010, Robert Collins, a Maryland Department of Public …

Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.

Journal of Business & Technology Law

No abstract provided.

Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman

Journal of Business & Technology Law

No abstract provided.

Front Matter And Faculty Notes

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Dysfunction In Contract Drafting: The Causes And A Cure, Kenneth A. Adams

Transactions: The Tennessee Journal of Business Law

The primary task in empirical research is describing the characteristics of whatever it is you’re researching, but usually you also attempt to explain your findings. The skills required for the former task differ from those required for the latter, so it’s not unusual that explanations offered by those who undertake research are superseded by better explanations subsequently offered by others.

That comes to mind on reading The Three and a Half Minute Transaction: Boilerplate and the Limits of Contract Design, by Mitu Gulati, a professor at Duke Law School, and Robert E. Scott, a professor at Columbia Law School. It …

Abi Commission Testimony November 7, 2013, George W. Kuney

Transactions: The Tennessee Journal of Business Law

There are two areas that I believe should be the focus of Chapter 11 reform: reducing reorganization costs in small to middle-market cases and instituting a uniform structure and process for § 363 sales of substantially all the assets of a debtor. Essentially, I think that the plan process in all cases needs to be streamlined and sped up to decrease transactions costs, and the 363 sale process needs to be slowed down to promote more robust disclosure and exposure of the assets in question to the market.

When Should Ediscovery Vendors Be Disqualified?, Michael A. Cottone

Transactions: The Tennessee Journal of Business Law

As a general proposition, courts have inherent authority to disqualify parties and their representatives and consultants from participating in litigation. Attorneys, expert witnesses, and litigation consultants may face disqualification motions in the event of a conflict of interest. With the rapid expansion of the eDiscovery industry, however, a new question has arisen: If an eDiscovery vendor has a potential conflict of interest, when should it be disqualified? What standard should apply?

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Consumers' Perceptions Towards Sustainability: A Cross-Cultural Analysis, Mertcan Tascioglu

College of Graduate Studies: Theses & Dissertations

Sustainability has become a subject of increasing concern to academics and practitioners in recent years. Increasing consumer demand for socially responsible products encouraged supply chains to put increasing emphasis on sustainability. In adapting sustainability practices consumers play a very important role for supply chains. Thus this dissertation examines consumers’ perceptions towards sustainability practices. Although most previous research has examined environmental sustainability practices, the social dimension of sustainability has received little attention. This dissertation attempts to explore both environmental and social sustainability and their effects on consumer perceptions in different cultural contexts and price levels. Two scenario based experiments are utilized. …

Walk The Talk: A Sample Of Cases, Jay J. Janney

Management and Marketing Faculty Publications

Document provides examples of cases used in past Walk the Talk business ethics discussions of the University of Dayton School of Business Administration's Center for the Integration of Faith and Work. Students are provided these cases as models for entries in the Walk the Talk Case Writing Competition. The competition is open to all UD undergraduate business students. See the competition website.