Business Law, Public Responsibility, and Ethics Commons^™

“There Is No Fashion On A Dead Planet:”1 How A Mandatory Reporting Directive Shared By The Us And The Eu And Centered On Transparency Could Be The First Step To Increased Sustainability In The Fashion Industry, Adrienne Redman

Northwestern Journal of International Law & Business

The fashion industry hangs on self-expression and individualism, yet our methods of consumption and their resulting environmental impacts are far from an individualistic concern. This paper examines the global fashion industry’s substantial contribution to pollution, resource-depletion, and waste as evidence that the self-regulation model is insufficient to curb the environmental footprint of the industry. Self-regulation presumes that consumer awareness and the desire to purchase sustainably will be enough to limit the industry’s environmental impact. However, this presumption is undermined by a lack of standardized and enforceable regulations necessary for consumer-decision making. Instead, greenwashing and deceptive environmental claims have pervaded the …

The Hidden Cost Of Venture Capital, Emilie Aguirre

Faculty Scholarship

Founders, employees, consumers, and even funders increasingly expect businesses to pursue social goals alongside financial performance. Yet even the most committed firms have found it difficult to maintain social performance over time. Scholars in economics, management, and law have put forth several explanations for this “mission drift,” including inappropriate governance, poor management, lack of genuine commitment, and threat of takeovers. Puzzlingly, research to date primarily focuses on later-stage firms, even though the events and decisions that take place in a firm’s early stages can critically impact retention of its social performance.

Drawing from over five years of qualitative field research …

Does Ethical Ideology Really Matter In Consumer Responses To Corporate Wrongdoing? The Effects On Trust And Word-Of-Mouth Recommendations, Grzegorz Zasuwa, Alicja Węgierak

Journal of Marketing and Consumer Behaviour in Emerging Markets

The purpose of this study is to better understand how the ethical ideologies of consumers influence their responses to perceived corporate social irresponsibility (CSI), focusing on trust and word-of-mouth (WOM) recommendations. Data were collected through a survey involving 627 car owners in Poland, using a real-life case of CSI concerning a major car manufacturer fined for misleading consumers about diesel emissions. The analysis employed partial least squares structural equation modelling (PLS-SEM). The results indicate that moral idealism amplifies the negative effects of CSI on WOM, while moral relativism produces neutrality towards CSI. Specifically, it appears that highly idealistic individuals are …

Not Exactly "Perfect," But Pretty Darn Good: A Review Of Michael Schur's Book- How To Be Perfect: The Correct Answer To Every Moral Question, Justin Pepe

Management Faculty Publications

How to Be Perfect: The Correct Answer to Every Moral Question provides a quick-start guide to addressing ethical challenges by using humor to make complex philosophical concepts accessible. Based on the premise that traditional ethics pedagogy is often stodgy, esoteric, and depressing, the book appeals to students and professionals who find conventional texts unapproachable. By blending humor with moral philosophy, it offers a fresh way to develop ethical reasoning in students and employees. This book can help address the urgent need for managers and professionals to build the ethical capabilities necessary to tackle grand challenges.

Does Medial Tourism Promote Growth In Healthcare Sector?, Hassan F. Gholipour, Kourosh Esfandiar

Research outputs 2022 to 2026

The purpose of this study is to investigate the effect of medical tourism revenues on the growth of healthcare sector across 49 emerging and developed economies from 2008 to 2022. Using panel GMM and PMG/ARDL estimation methods, the results show that higher levels of medical tourism revenues promote growth in the healthcare sector. This finding remains robust across different sample periods, alternative measure of healthcare sector performance, and model specifications.

The Csr Practices Of Western Australian Mining Based On Innovation Ecosystems: Pathways To Collaborative Innovation And Sustainable Development, Jiawei Sun

Research outputs 2022 to 2026

This study investigates the Corporate Social Responsibility (CSR) practices of Western Australian mining companies, focusing on their integration of innovation ecosystems to promote sustainable development. Through case studies of BHP Group, Rio Tinto, FMG, and South32, the research examines how these companies reduce carbon emissions, enhance community development, and foster collaborative innovation. The findings highlight the significant role of innovation ecosystems in enabling these companies to adopt cleaner technologies, improve social outcomes, and maintain a competitive edge in a sustainability-conscious global market. The study also explores the challenges and opportunities faced by mining companies in leveraging collaborative innovation to address …

Environmental Regulation And Firm Productivity: Evidence From China’S New Energy Industry, Zidan Shan, Xiangyu Han, Zhaoyong Zhang

Research outputs 2022 to 2026

Environmental regulation can possibly enhance firm productivity through its competitiveness effects that can induce regulated firms to improve cost-cutting efficiency and to develop or adopt new technologies, known as the Porter Hypothesis, though there is still conflicting evidence reported. This paper examines the impacts of environmental regulation on firm productivity in China’s new energy industry by incorporating the mediating effect and boundary mechanism of green technological innovation and innovation openness within an innovation ecosystem. We find robust evidence that environmental regulation can enhance firms’total factor productivity (TFP) in the new energy industry with green technological innovation being the important mediator …

Causality Of Circular Supply Chain Management In Small And Medium-Sized Enterprises Using Qualitative Information: A Waste Management Practices Approach In Indonesia, Ming-Lang Tseng, Shu-Xian Li, Ming K. Lim, Tat-Dat Bui, Muhamat R. Yuliyanto, Mohammad Iranmanesh

Research outputs 2022 to 2026

Circular supply chain management (CSCM) is a promising way to achieve economic and environmental sustainability and address the waste problem. However, developing a fully circular supply chain system is costly and time-consuming, especially for small and medium-sized enterprises (SMEs). SMEs need to achieve better CSCM by implementing waste management practices. This study aims to (1) critically validate the hierarchical structure of CSCM for SMEs; (2) identify the causal interrelationships among the attributes; and (3) determine the practical attributes for SME improvement in Indonesia. An approach consisting of the fuzzy Delphi method (FDM), best worse method (BWM), and fuzzy decision-making trial …

Dei And Discrimination In The Marketing Industry: Exploring The Lived Experiences In The Workplace. Evidence From Western Australia, Ashlee Morgan, Melissa Fong-Emmerson, Steven D’Alessandro, Marie Ryan

Research outputs 2022 to 2026

This paper explores the lived experiences of individuals in the Western Australian marketing industry, focusing on diversity, equity and inclusion (DEI) within the workplace. Through a survey of 573 marketing professionals, the study gathered both qualitative and quantitative data on perceptions and attitudes towards DEI, and personal experiences of discrimination. The findings indicate strong support for DEI within the marketing workforce, with 76.6% agreeing that diversity and inclusion are important in the workplace, and 78.1% affirming that DEI should be a business priority. Yet, 25% reported personal experiences of workplace discrimination, underscoring the urgent need for organisations to listen to …

Role Of Ethical Leadership In Creating Meaningful Work Through Corporate Social Responsibility In Bhutan: A Conditional Mediation Model, Deki Choden, Mehran Nejati, Azadeh Shafaei, Ben Farr-Wharton, José L. Roldán

Research outputs 2022 to 2026

This research investigated how ethical leaders drive employees to experience meaningfulness at work by influencing employees' perception of Corporate Social Responsibility (CSR). It also examined if employees' skepticism towards CSR moderates these relationships. Conducted in Bhutan, where CSR is legally required but emerging, the study surveyed 797 employees from 15 companies using partial least squares path modeling. Findings confirmed that the perceived CSR mediates the positive link between ethical leadership and meaningfulness at work. Meanwhile, employees' skepticism towards CSR weakens both the positive impact of CSR perception on meaningfulness at work as well as the mediated path. The study highlights …

Assessing Environmental Performance Through Environmental Management Initiatives, Green Extrinsic And Intrinsic Motivation, And Resource Commitment In Malaysian Hotels, Ataul K. Patwary, S. Mostafa Rasoolimanesh, Roslizawati C. Aziz, Muhammad U. Ashraf, Md Mahmudul Alam, Shafique U. Rehman

Research outputs 2022 to 2026

The level of dedication that an organization has toward the preservation of the natural environment is reflected in its environmental performance. This study evaluates the role of green extrinsic and intrinsic motivation and resource commitment on Malaysian hotel employees’ environmental performance. It also examines the mediating roles of green extrinsic and intrinsic motivation and resource commitment in the relationship between green management initiatives and hotel environmental performance. Data was collected from the Four- and five-star hotel employees and tested the models and hypotheses of this study by employing partial least squares-structural equation modeling. Green extrinsic and intrinsic motivation significantly influence …

Co-Opted Directors And Corporate Climate Risk Disclosure, Rashid Zaman, Ummara Fatima, Muhammad Bilal Farooq, Soheil Kazemian

Research outputs 2022 to 2026

Purpose: This study aims to examine whether and how the presence of co-opted directors (directors appointed after the incumbent CEO) influences corporate climate risk disclosure. Design/methodology/approach: This study comprehensively analyses 2,975 firm-year observations of US-listed companies, using ordinary least squares with industry and year-fixed effects. To confirm the reliability of the study results, the authors used several techniques, including propensity score matching, to address potential issues with functional form misspecification, analysed a subset of companies where co-option persisted over two consecutive years to mitigate concerns regarding reverse causality and difference-in-differences estimation, using the cheif executive officer’s (CEO’s) sudden death as …

A Democratic Participation Model For Corporate Governance, Grant M. Hayden, Matthew T. Bodie

Faculty Journal Articles and Book Chapters

Corporate law is in the grip of a fundamental conundrum: whether corporations should seek only to serve shareholders or instead attend to the interests of all stakeholders. The doctrine of shareholder primacy, which focuses the corporation’s attention on the goal of maximizing shareholder wealth, has been startingly successful, capturing the theory and practice of corporate governance for roughly fifty years. But recently the costs of this monomaniacal focus on the financial interests of one set of corporate participants have become clearer. At a time when the original reasons for restricting the corporate franchise to shareholders have been shown to rest …

Adaptation For Whom? Understanding The Impacts Of Dyke Policies On Small-Scale Farmers In Ca Mau Province Of Vietnam, Nguyen Minh Quang, Nguyen Van Minh, Nguyen Vo Chau Ngan, Martha B. Lerski

Publications and Research

Low-lying deltas worldwide are extremely vulnerable to sea-level rise. As the risks of climate-induced flooding become increasingly clear, the thirst for infrastructure-driven adaptation increases. This highlights a patent need to understand the impacts of engineering adaptation solutions, especially those targeting built structures such as dykes and sluices, on farmers from a bottom-up, farmer-centred perspective. The study addresses this call by examining cases where dyke policies, while successful in some dimensions, have undermined small-scale farmer livelihoods in Ca Mau ― Vietnam’s southernmost rural province. It identifies areas in need of attention and adds empirical data related to this group of farmers. …

Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski

Publications and Research

Grounded in a case study in Barbuda in the Caribbean, this research examines sustainability from the perspective of what arts and heritage can contribute to community engagement and local and broader understandings about the environment. This article documents a growing body of literature recognizing the role of arts and culture, including local knowledge and traditional ecological knowledge (TEK), in climate change endeavors. Art and TEK present expansive world views. Contextual information situates research done on the island of Barbuda pre- and post-Hurricane Irma. Visual arts workshops engaged community members in mixed methods research. Results documented cultural elements, particularly intangible and …

The Financialization Of The American Dream: Private Equity’S Rise In The Single-Family Rental Market, Colby Sherwin

Honors Theses and Capstones

This thesis examines how private equity firms and other institutional investors are reshaping the single-family rental market in the United States, and what that shift means for homeownership, affordability, and community stability. What began as a short-term strategy to acquire foreclosed homes after the 2008 financial crisis has evolved into a long-term business model, with firms now owning hundreds of thousands of properties across the country. Leveraging their financial scale, these investors often outbid individual buyers, particularly in fast-growing cities. While proponents argue that institutional ownership brings professionalism and much-needed supply to tight housing markets, data shows that it has …

Criminal Investors, Andrew K. Jennings

Faculty Articles

This Article reassesses the culpability of those who invest in law-breaking firms. Prosecutors currently treat investors as victims of corporate wrongdoing rather than as actors who might bear responsibility for it. This Article observes, though, that investment can facilitate, and even cause, illicit corporate activity. When investors intentionally contribute to those effects, substantive criminal law imposes liability on them just the same as it does on accomplices, conspirators, or principals in other contexts. Despite this formal parity, however, investor criminal liability is more a theoretical proposition than a practical reality.

This Article questions that status quo by asking whether and …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Faculty Articles

In her important book, Unwired: Gaining Control Over Addictive Technologies, Gaia Bernstein illustrates the value of a comparative approach, drawing lessons from fights around the regulation of tobacco and ultra-processed food for the regulation of social media. Building on Bernstein’s work, this symposium contribution aims to draw additional insight from experience with drug and gambling regulation for the regulation of social media, video games, AI, and other potentially-addictive technologies.

Specifically, after introducing Bernstein’s book and the foundation it lays, we draw six lessons from the study of psychoactive drugs and gambling. As we elaborate below: Lesson one is that …

Beyond Jarkesy: Rethinking The Role Of Administrative Law Judges In Sec Administrative Proceedings, Mark T. Uyeda, Jaime Marinaro

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Federal Reserve’S Fight Against Covid-19: A Study Of The Corporate Bond Intervention, Noah Seilgson

Fordham Journal of Corporate & Financial Law

In response to the COVID-19 pandemic, the Federal Reserve (Fed) embarked on an unprecedented mission to stabilize the U.S. economy as businesses shut down. One emergency Fed facility, the Secondary Market Corporate Credit Facility (SMCCF), was used to purchase corporate bonds and corporate bond exchange-traded funds (ETFs) in the secondary market. This extraordinary measure, which injected liquidity into the corporate bond market, aimed to mitigate economic fallout for large companies. Purchasing corporate bonds marked a departure from previous Federal Reserve interventions, but the statutory authority was the same as had been used in past crises: Section 13(3) of the Federal …

Company Districts, C.J. Suglia

Fordham Journal of Corporate & Financial Law

Special districts that are owned or controlled by private entities and act almost uniformly like a company town can be dubbed a “company district.” These special districts, similar to historical company towns, have autonomy over the districts, control the local government, and only have to answer to the state government. Historical company towns like Pullman, Illinois and Hershey, Pennsylvania had almost canonical command over the land within their boundaries. Company districts operate their business similar to a company town—in a city that the private entity controls, but do not have employees living on-site. Company districts benefit by being immune to …

Alternatives To Delaware? Evaluating Corporate Law In Nevada, Texas, And Wyoming, Joseph Landau, Bailey Swartz, Anthony Rickey, Robert Ragazzo, Benjamin Edwards, George A. Mocsary

Fordham Journal of Corporate & Financial Law

No abstract provided.

Business Ethics: What Everyone Should Know, W. Michael Hoffman Center For Business Ethics

Ethics Publication

One of the most valuable things that the Hoffman Center brings to the Bentley community is the wisdom of its Business Advisory Board. Most members are current or former ethics and compliance officers with years of experience. In the hope of better preparing Bentley students for the workplace, the Center recently asked the group for clear, direct, practical, and specific answers to the question, “What has your experience told you about what students should learn about ethics before they start their first job? Here’s a compilation and summary of what we received.

Scienter Potentia Est: The Case For The Presumption Of Use Standard In Insider Trading, Audrey Nelson

Fordham Journal of Corporate & Financial Law

Is it possible to accidentally insider trade? The Supreme Court has held that scienter is a necessary element of all § 10(b) and Rule 10b-5 actions, but the federal appeals courts are split on how the scienter requirement applies to insider trading cases. In a non-insider- trading § 10(b) case, the Supreme Court stated that § 10(b) scienter requires intentional misconduct. Although the Supreme Court has not heard a case specifically about the scienter element in the context of insider trading, those who support a use requirement claim that the § 10(b) scienter element requires the plaintiff to show that …

Amending Regulation D'S Accredited-Investor Definition To Allow Natural Persons To Opt Out Of Unwanted Regulatory Protections, John L. Orcutt

Fordham Journal of Corporate & Financial Law

No abstract provided.

Color And Cultural Functionality, Felicia Caponigri

American University Law Review

Can a brand own a color? Trademark says yes, with some caveats. A brand can own a color so long as the color points to the brand as the origin of the goods and is non-functional. One of these caveats, functionality, is increasingly relevant because of color's value for our pop culture. Color is a common cultural resource, and whether it is a pink Barbiecore summer or a BRAT green summer, the colors brands remix to communicate the origins of their goods become a part of consumers' expressions of identity and their links to communities and help embody consumer values. …

Is Corporate Social Responsibility A Must Or A Plus? The Role Of National Culture, Liu Wang, Shaomin Li

Management Faculty Publications

This study examines the role of national culture in shaping corporate social responsibility (CSR) practices and how CSR is valued by investors. In a multilevel study of 4998 firms across 34 nations, we find that firms in performance-based culture (PBC) are more likely to engage in explicit CSR activities, but performance-driven investors view such an effort as a drag on shareholder returns in PBC-oriented societies, resulting in lower valuation. In contrast, firms in socially supportive culture (SSC) tend to invest less in explicit CSR activities, but such an investment is viewed favorably by social-minded investors in SSC-oriented societies, and thus …

Instruments Of Radio Frequency Resource Management, Stanisław Piątek

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Purpose: The purpose of the study is to analyse changes in the set of instruments used to manage radio frequency resources by the telecommunications regulator and frequency users.

Methodology: The research methods used include literature studies, analysis of documentation and results of selection procedures, EU and national program documents on frequency management and reports of operator organisations, taking into account the practical effects of regulation.

Results: The results of the analysis indicate a permanent centralisation of instruments concerning decisions on frequency allocation, marketisation of frequency allocation processes, liberalisation of the conditions for their disposal and expansion of …

The Csr Authenticity Crossroads: A Comparative Analysis Of Greenwashing In The Cosmetics And Food Sectors, Magdalena Klimczuk-Kochańska

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Purpose: The article aims to investigate the relationship between Corporate Social Responsibility (CSR) strategies, manifestations of greenwashing, and their underlying motivations in selected companies from the cosmetics and food sectors.

Methodology: The study employs a qualitative, comparative case study methodology. Six companies (L’Oréal, Natura & Co., Bielenda, Nestlé, Maspex, and Tony’s Chocolonely) were analysed based on publicly available secondary data, including corporate reports, NGO analyses, and media coverage.

Findings: The study identifies and defines two distinct sectoral logics: companies in the cosmetics sector follow a ‘brand-centric logic’, where greenwashing manifests as product-level marketing claims. In contrast, firms …

Women On Boards Annual Monitoring Report 2024, Center For Entrepreneurship And Innovation

Faculty Books

The AUC Egypt women on boards monitoring report is issued annually to track and monitor the presence and representation of women on boards towards meeting the goal of having 30% women on boards by 2030. The importance of improving representation of women on boards stems from the fact that it is one of the good governance pillars, in addition to the positive impact on firm performance and profitability. The National Strategy for the Empowerment of Egyptian Women 2030 has accordingly promoted for increasing the leadership roles of women and holding key positions in public institutions and companies, setting the target …