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Allagash Wilderness Waterway Working Group On Structure, Management And Oversight: Choosing Common Ground And Moving Ahead, Allagash Wilderness Waterway Working Group

Maine History & Policy Development

In his June 19, 2006, Executive Order, Governor John E. Baldacci directed the Working Group to “offer its best guidance and advice to the Governor respecting the long-term governance, management, and oversight structure for the Allagash Wilderness Waterway” (AWW). In the intervening six months the members of the Working Group have engaged in an examination of the forty-year history of the Waterway and an analysis of the conditions and circumstance that led to the Governor’s Executive Order. We have reviewed documentation of the AWW history, taken testimony at numerous public meetings and hearings, conducted correspondence with members of the several …

Allagash Wilderness Waterway Working Group On Structure, Management And Oversight: Choosing Common Ground And Moving Ahead (Executive Summary), Allagash Wilderness Waterway Working Group

Maine History & Policy Development

In his June 19, 2006, Executive Order, Governor John E. Baldacci directed the Working Group to “offer its best guidance and advice to the Governor respecting the long-term governance, management, and oversight structure for the Allagash Wilderness Waterway” (AWW). In the intervening six months the members of the Working Group have engaged in an examination of the forty-year history of the Waterway and an analysis of the conditions and circumstance that led to the Governor’s Executive Order. We have reviewed documentation of the AWW history, taken testimony at numerous public meetings and hearings, conducted correspondence with members of the several …

Best Practices In Ethical Leadership (Chapter Seven Of The Practice Of Leadership), Craig E. Johnson

Faculty Publications - College of Business

Excerpt: "The arrival of the new millennium brought with it a tsunami of corporate scandals. Just as the publicity from one wave of discredited companies (Enron, World Com, Tyco, Adelphia) subsided, another wave rose to take its place (Health South, Strong Mutual Funds), only to be followed by yet another (Fannie Mae, AIG Insurance). All of these cases of moral failure serve as vivid reminders of the importance of ethical leadership. In every instance, leaders engaged in immoral behavior and encouraged their followers to do the same."

Auditor Independence Post Sarbanes Oxley: The Case For Increased Self-Regulation, Linda Christiansen, Ann Morales Olazábal

Business Law Articles and Papers

An abstract for this item is not available.

Entrepreneurial Selection And Use Of Legal Counsel, Stephen J. Schanz

New England Journal of Entrepreneurship

Entrepreneurs starting new ventures will encounter a host of legal issues requiring consultation with an attorney on an episodic or ongoing basis. It is critical that careful attention be given to the attorney selection process to properly match the needs of the company with the credentials of the attorney. Additionally, options should be explored regarding the billing and payment methodologies the attorney is willing to entertain. The financial resources and cash flow of young companies will likely have a direct impact on the financial agreements entered into with legal counsel. Further, companies desirous of offering the attorney a stake in …

Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow

Law Faculty Scholarship

In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …

Farm Animal Welfare: In Legislatures, Corporate Boardrooms, And Private Kitchens, Andrea Gavinelli, Miyun Park

State of the Animals 2007

According to the Food and Agriculture Organization of the United Nations, globally, approximately 56 billion land animals—including nearly 48 billion broiler chickens— are slaughtered for human consumption in a single year (Food and Agriculture Organization of the United Nations 2004), in addition to an untold number of aquatic animals. The numbers of individual animals raised and killed by the meat, egg, and dairy industries far surpass the number of animals with whom human beings have any other relationship—whether they be those seen as fabric, target practice, test tubes, companions, or sideshow spectacles.

Mcmahon On Workplace Democracy, Jeffrey Moriarty

Philosophy Faculty Publications

This paper offers a sympathetic critique of Christopher McMahon’s Authority and Democracy: A General Theory of Government and Management. Although I find fault with some of his arguments, my goal is not to show that these arguments are irreparable, but to highlight issues that deserve further consideration. After defining some terms, first, I raise an objection to McMahon’s rejection of the moral unity of management (MUM) thesis. Second, I draw attention to his “moralization” of the workplace, and examine the role it plays in his arguments about the relative strengths of the different kinds of authority. Third, I raise …

Owens Sawmill: A Family Business Facing A Social Responsibility Dilemma, Dianne H. Welsh, David Rawlings

New England Journal of Entrepreneurship

This is a real case involving an SME that produces southern hardwood finished lumber. The family business faces a social responsibility dilemma in terms of displaced workers and limited job opportunities in the surrounding labor market if they purchase a new saw that would modernize production, improve profitability, and eliminate 50 percent of their labor costs. The most logical employment for these workers would be a cutter, loader, or hauler of logs, which have been determined to be some of the most dangerous jobs in the United States. This case requires students to examine the decision-making process of a modest …

The End Of Foreign Aid As We Know It: The Profitable Alleviation Of Poverty In A Globalized Economy, Scott Kelley, Patricia Werhane, Laura Hartman

Mission and Ministry Publications

This chapter defends the following thesis: Poverty can be alleviated, if not eradicated, both locally and globally, but only if we change our narratives about global free enterprise and only if we rethink our mindsets regarding how poverty issues are is most effectively addressed. The chapter begins with an overview of the current state of the economic landscape with particular focus on – and criticism of –the failures of strategies employed since the middle of the last century. We then explore how a transfer of roles and responsibilities for global poverty from these traditional development practices to innovative, private, for-profit …

Quality Models: Selecting The Best Model To Deliver Results, William Martin

College of Business Faculty and Staff Works

No abstract provided.

Business, Steven R. Ratner

Book Chapters

This chapter seeks to expose some of the divergences between doctrine and reality, and to suggest ways of understanding the field that take proper account of business. It does so first by examining the roles and goals of business entities with respect to international environmental law. It then examines how international law has accommodated the place of business in environmental policy with respect to two key issues: (1) corporations as the target of legal obligations; and (2) corporations as participants in the process of international environmental law, particularly with respect to law-making and implementation. I conclude with some thoughts regarding …

Community Rehabilitation Programs And Organizational Change: A Mentor Guide To Increase Customized Employment Outcomes, John Butterworth, Cecelia Gandolfo, W. Grant Revell, Katherine J. Inge

All Institute for Community Inclusion Publications

In 2002, the U.S. Department of Labor, Office of Disability Employment Policy (ODEP) announced the availability of funds to support a National Training Technical Assistance for Providers (T-TAP) project. The goal of the project was to assist community rehabilitation providers (CRPs) in facilitating integrated employment / customized employment outcomes for individuals served by these programs. Virginia Commonwealth University (VCU) in partnership with the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston submitted a proposal and was awarded the cooperative agreement in October of 2002.

For the purpose of this Guide, customized employment is defined as a process …

The Institutional Entrepreneur As Modern Prince: The Strategic Face Of Power In Contested Fields, David Levy, Maureen A. Scully

Management and Marketing Faculty Publication Series

This paper develops a theoretical framework that situates institutional entrepreneurship by drawing from Gramsci’s concept of hegemony to understand the contingent stabilization of organizational fields, and by employing his discussion of the Modern Prince as the collective agent who organizes and strategizes counter-hegemonic challenges. Our framework makes three contributions. First, we characterize the interlaced material, discursive, and organizational dimensions of field structure. Second, we argue that strategy must be examined more rigorously as the mode of action by which institutional entrepreneurs engage with field structures. Third, we argue that institutional entrepreneurship, in challenging the position of incumbent actors and stable …

A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim

Faculty Publications

No abstract provided.

Dealing With Harrassment In All Of Its Forms, Michael T. Zugelder, Paul J. Champagne, Steven D. Maurer

Finance Faculty Publications

Workplace harassment in its many forms presents an increasingly serious challenge for employers, in terms of legal liability and its potential negative effect on employee behavior. This article reviews workplace harassment with attention to the affirmative defense that the Supreme Court has authorized and the factors the courts have considered in deciding whether the defense has been established. That analysis in turn is applied to a discussion of specific actions organizations might take to prevent harassment and create a more positive and effective organizational environment.

The Effectiveness Of Insider Trading Regulation: International Evidence, Art Durnev, Amrita S. Nain

Finance Faculty Publications

There is a long standing debate in the finance and law literatures about the need for insider trading regulation. Some scholars and practitioners argue that insider trading restrictions should be revoked because insider trading allows private information to be quickly incorporated into stock prices, thereby leading to more informationally efficient stock prices (Carlton and Fischel (1983); Dye (1984)). For example, Milton Friedman, laureate of the Nobel Memorial Prize in Economics, said: “You want more insider trading, not less. You want to give the people most likely to have knowledge about deficiencies of the company an incentive to make the public …

Strengthening The Foundations Of The Accountability Profession, Sridhar Ramamoorti, Sam M. Mccall, Relmond P. Van Daniker

Accounting Faculty Publications

Article discusses the conceptual foundations of the accountability profession in government. The role of the Academy for Government Accountability in strengthening the accountability profession and advancing research and education initiatives in government financial management is described. The author suggests that government accountability needs to be about stewardship, transparency, accountability and citizen-centric government.

Animal Identification And Traceability Under The Us National Animal Identification System, Margaret Rosso Grossman

Journal of Food Law & Policy

The identification of animals has a long history in the United States. Since the late nineteenth century, livestock producers have used brands to mark their animals. Ear tags and other marks now identify individual animals or animals from a specific producer, but not all livestock are identified to facilitate traceability.

'Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks

Journal of Food Law & Policy

This contribution discusses animal traceability, identification and labeling requirements in European Union (EU) law. The requirements are lex specialis to more general requirements in EU food law. The aim is to set out this body of EU law and provide some understanding regarding its background. Along with the article by Margaret Rosso Grossman, it enables the reader to compare the EU system to the United States system.

Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly

BYU Law Review

No abstract provided.

Nonprofit Takeovers: Regulating The Market For Mission Control, Dana Brakman Reiser

BYU Law Review

No abstract provided.

Transparency In Financial Markets And Institutions: A Catholic Social Thought Perspective, Bridget Lyons, Lucjan T. Orlowski

WCBT Faculty Publications

We argue that transparency, or information disclosure by public and private sector institutions should be viewed as an important component of the Catholic Social Thought process. A higher degree of transparency by a single institution denotes revealing a greater magnitude of truthful information that leads to optimization of actions by other individuals and institutions, thus ultimately, to maximization of social welfare. Based on the precepts of Catholic Social Thought, more detailed and unbiased information allows individuals to make more truthful observations of reality that subsequently rationalize their judgment and actions. This is particularly relevant for financial markets and institutions that …

Center For Professional Ethics, Fall 2006, Case Western Reserve University

Center for Professional Ethics

Table of Contents:

• Director's Corner: A New Beginning by Robert P. Lawry
• The Global is Finally Local: Some Notes on Ethics, A Conversation with Bill Deal, Inamori Professor
• Are You Ready to Take Free Exercise Rights Seriously? Alan Brownstein Explains Why You Should
• Religious Lawyering: Professor Russell Pearce Keeps His Faith
• Author David Callahan Asks: What Does Our "Cheating Culture' Say About Us?
• Academic Integrity: Students Speak

Sex-Role Orientation, Women As Managers And Transformational Leadership Among Female Law Firm Partners And Subordinates, Nathalie Lynch-Walsh

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Nearly 30% of all attorneys in the U.S. are women, but only 17% of all partners in major U.S. law firms are women. The disparity in the number of women at the top of the legal profession echoes the shortage of women at the helm of major U.S. corporations. Traditional sex-role stereotypes represent one type of "glass ceiling" barrier and stem from the different behavioral norms assigned to men (agentic) and women (communal) based on relative social status. Women exhibiting nonconforming behavior are less liked than conforming women. Conversely, women exhibiting agentic behaviors such as selfconfidence and assertiveness are seen …

The Ethical Decision-Making Processes Of Professional Auditors In The People's Republic Of China, Mingzhi Liu

Lingnan Theses

This study examines the effects of organizational ethical culture, idealism, relativism and guanxi orientation on the ethical decision-making processes of professional auditors in the People’s Republic of China (PRC). It is hypothesized that auditors perceiving a positive organizational ethical culture, possessing higher (lower) degrees of idealism (relativism), and possessing lower degrees of guanxi orientation will make more ethical decisions. The findings of the study indicate that certain aspects of organizational ethical culture had a significant effect on professional auditors’ behavioural intentions, but not on their ethical judgments. Idealism had a marginally significant impact on professional auditors’ behavioral intentions, but not …

The Legal Framework For Currency Management In Nigeria., Anthony Olatujoye

Bullion

This paper reviews the adequacy of the existing legal framework for Currency Management in Nigeria. The paper is structured into three parts. Part I is an introduction to the paper. The legal provisions governing currency management in Nigeria and some of the legal challenges for the CBN are highlighted and examined in part II. Part III concludes the paper: that a major legal challenge facing the CBN is the absence of specific provisions of the law criminalizing such acts as tampering, deliberate mutilation, spraying and marching of currency.

The Association Between Audit Quality And Abnormal Audit Fees, Jong-Hag Choi, Jeong-Bon Kim, Yoonseok Zang

Research Collection School Of Accountancy

Using a sample of 9,820 firm-year observations over the 2000-2003 period, this paper examines whether, and how, audit quality proxied by unsigned discretionary accruals is associated with abnormal audit fees, i.e., actual audit fees in excess of expected, normal audit fees. The results of various regressions reveal that the association between the two is insignificant for the full sample, significantly positive for the subsample of clients with positive abnormal fees, and insignificantly negative for the subsample of clients with negative abnormal fees. The above results suggest that auditors’ incentives to compromise audit quality differ systematically for more profitable clients (with …

Strategy And Risk: New Relationships Among Governance, Brand And Leadership, Nicholas Imparato

Marketing (Formerly Marketing and Law)

No abstract provided.

Loss Causation In Fraud On The Market Cases Post-Dura Pharmaceuticals, Ann Morales Olazábal

Business Law Articles and Papers

As a critical matter, class action securities fraud plaintiffs employing the fraud-on-the-market theory of reliance must still plead and eventually prove loss causation and damages. The Supreme Court's April 2005 decision in Dura Pharmaceuticals v. Broudo disapproved of the Ninth Circuit's simple price inflation theory of pleading loss causation (namely that a plaintiff's loss occurs at the time she purchases stock at a price artificially inflated by fraud) without expressly sanctioning any of the other prevailing approaches to loss causation. This leaves open the question of precisely how courts should properly handle loss causation. Consequently, this Article critically examines the …