Business Law, Public Responsibility, and Ethics Commons^™

Galaxy Next Gen. V. Elhert, Order On Counterclaim Defendants' Motion To Dismiss, Kelly Lee Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Canceling Difficult Cancellation: An Analysis Of Recent Regulatory Efforts To Make Canceling Subscriptions Easier, Carter Mccants

William & Mary Business Law Review

The subscription-based economy is on the rise, and so are complaints of difficult cancellations. Companies utilize coercive and exploitative techniques, known as “dark patterns,” to trap consumers in subscription-based services. One notorious “dark pattern” is the “click-to-subscribe, call-to-cancel” scheme, whereby individuals can sign up online. But, when it comes time to cancel, many consumers often find themselves waiting on hold for hours.

In the interest of consumer welfare, subscription-based services should be as easy to cancel as they are to sign up for. Accordingly, this Note discusses the merits of recent crackdowns on cancellation barriers, including the Federal Trade Commission’s …

Death Of A Corporation: How A Seemingly Innocuous Probate Provision Can Fundamentally Undermine The Corporate Form, Kenya Jh Smith

William & Mary Business Law Review

Imagine that you are assisting the surviving shareholders and officers of a corporation in settling affairs with the estate of a deceased shareholder. In a corporate governance dispute that ensues, the estate representative uses a seemingly innocuous probate provision allowing him to “continue any business” of the deceased to petition the probate court for direct control of the corporation. You find that there is little statutory or jurisprudential guidance on coordinating that probate provision with longstanding corporate governance requirements that directors, not shareholders, directly manage corporate affairs. This Article explores the unintended consequences of allowing a misplaced but literal reading …

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

Commentary: What Makes Membership Matter, Michael G. Maihofer Dds

The Journal of the Michigan Dental Association

The American Dental Association (ADA) is facing a drastic decline in membership, with market share dropping to 59%. To combat this trend, the ADA focuses on early-career dentists and a strategic forecasting initiative to align with their values. However, there is concern that the language and approach are shifting towards treating members as customers rather than dental professionals. This shift raises questions about the commitment of new dentists to professional associations. The challenge lies in listening to member concerns and delivering values like professional support, ethics, and advocacy to make membership meaningful.

Political Risk Management, Omari Scott Simmons

William & Mary Law Review

The COVID-19 pandemic and social unrest have focused considerable corporate attention on political risk. The disruptions to company operations are voluminous and diverse: entertainment and hospitality industry closures, airline industry cancellations, eviction moratoriums in residential real estate, international trade interruptions, manufacturing supply shortages, employee vaccination mandates, and ride-hailing service restrictions. Enterprise risk management (ERM) is the mechanism through which boards and their respective firms can manage complex political risks. In the current business climate, more companies should emphasize and integrate political risk oversight in their ERM programs. Although neglecting political risk may not trigger legal liability from regulators or courts, …

Organizing For Dignity, S M Musa

Research Collection Lee Kong Chian School Of Business

Like thousands of other Rohingyas, Aman (pseudonym) had to flee for his life after violence broke out on 25 August, 2017 in the Rakhine (previously Arakan) state in Myanmar. Aman had got married a few months back and had no intention of leaving his home. But there was no other option left. He had to endure a horrific journey from Myanmar to Bangladesh to save his life. Like Aman, most of my informants’ traumatic journeys to the camp overshadow many Hollywood fictions. Many of them still sustain traumas from those days, especially those who witnessed the killing of their friends …

Ecosystem Social Responsibility In International Digital Commerce, Jingtao Yi, Jiatao Li, Liang Chen

Research Collection Lee Kong Chian School Of Business

Despite the surge of interest in digital globalization, its social dimensions have received far less attention than deserved. The lack of conversation between the two prominent areas of IB research, digitalization, and corporate social responsibility, presents a valuable opportunity for extending the agenda Ioannou and Serafeim (J Int Bus Stud 43(9):834-864, 2012) pioneered a decade earlier. We briefly depict the organizational differences between multinational enterprises (MNEs) and multinational platforms (MNPs), followed by a closer look at how social responsibility of digital platforms might depart from our conventional understanding derived from MNEs. We then propose the notion of ecosystem social responsibility …

Bernard Parks, Et. Al. V. Kelly King, Et. Al., Ordr On Defendants' Motion For Summary Judgment And Motion To Dismiss, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Markets, Businesses, And Consumption In Refugees Settlements: A Review And Future Research Trajectory, Stefanie Beninger

Markets, Globalization & Development Review

The global refugee crisis is increasing, and many refugees will end up living in refugee settlements, also known as refugee camps. These settlements have dynamic economic activities, and such activities deserve attention. This paper draws upon academic and practitioner work to describe pertinent aspects of consumption, businesses, and markets in these settlements, including in relation to multiple stakeholders. These stakeholders can include, for example, governments, aid agencies, private sector, and local community groups. Based on these insights, the paper identifies key theoretical areas in need of attention related to these economic activities in refugee settlements, including market change, resilience, and …

From Well-Side Meetings To Pelican Strategy: A Context-Based Approach To Combat Corruption, Lili Yan

Pace International Law Review

This article takes up the question of what strategy is to be used among different communities to eradicate corruption across borders. The debate between two legal scholars, Steven Salbu and Philip Nichols, over the viability of extraterritorial application of anti-bribery laws remains thought-provoking when we look at the effectiveness of the OECD Anti-bribery Convention or FCPA in curbing corruption. Empirical research shows that firms from countries with extraterritorial legal restrictions do not necessarily refrain themselves from paying bribes in foreign transactions. This article ties the Salbu-Nichols’ debate, ISCT, mediating institutions theory, and Pelican Gambits strategy together to structure a context …

Galaxy Next Gen. V. Elhert, Order On Discovery Issues, Kelly L. Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Order On Plaintiff's Motion To Compel And Motion For Contempt, Kelly Lee Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Alexander S. Glover, Et. Al. Georgia Mining Ventures, Llc, Order On Objection To Subpoena For Deposition, Kelly Lee Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Revisiting Cybersecurity Awareness In The Midst Of Disruptions, Avideh Sadaghiani-Tabrizi

International Journal for Business Education

The awareness of cybersecurity and knowledge about risks from a variety of threats, which present harm or steal private information in internetworking could help in mitigation of vulnerabilities to risks of threats in safeguarding information from malware and bots. Revisiting cybersecurity awareness of every member and evaluation of organization’s posture might help to protect sensitive or private information from a network of computers, working together and forming into botnets. The purpose of the qualitative case study narrative was to explore prospects for integrating cybersecurity education into elementary school children’s curriculum through interviews of elementary schoolteachers, IT experts, and parents to …

Ruby Tuesday, Inc. V. Cede & Co., Et. Al., Order On Remand And Defendant's Motion To Reconsider Sanctions, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Corporate Foreign Policy In War, Kishanthi Parella

Scholarly Articles

On February 24, 2022, Russian troops invaded Ukraine. Over a year later, the war has claimed tens of thousands of lives and led to the displacement of millions. In Spring 2023, both Ukrainian and Russian forces prepared new offensives, while the United States committed to providing Ukraine with military tanks—a move that Russian officials had previously warned would constitute direct involvement in the war. While countries debated how to respond, we also witnessed the privatization of foreign policy as hundreds of companies around the world similarly sought to assist Ukraine or punish Russia using the tools of national foreign policy—humanitarian …

On The Ethics Of Selling Psychic Services, Jeffrey Moriarty

Philosophy Faculty Publications

In many places, it is possible to buy psychic services, including tarot card, palm, and mediumship readings. Yet we have powerful evidence that psychic abilities do not exist. This paper asks whether psychic services should be for sale. I begin by considering whether psychics deceive or mislead buyers. Next, I consider a harm-based argument against the sale of psychic services. Finally, I consider an argument in favor of their sale that appeals to expressive considerations. I conclude with a tentative policy recommendation: the sale of psychic services should be permitted. This is so even though much of the money spent …

Virtual Reality Influence On Moral Reasoning Through Compassion, Dennis W. Dunivan

Electronic Theses and Dissertations

This study investigates quantifiable links between virtual reality, moral reasoning, and compassion, contributing to the development of improved pedagogy for moral leadership development through experiential learning. It is the first empirical study to determine how specific virtual reality experiences potentially influence moral reasoning as measured by the DIT-2 (Rest et al., 1999), as well as the possible mediation effects of compassion on this relationship as measured by the Compassion Scale (Pommier et al., 2019). Although pedagogical implications are discussed, including the integration of virtual reality experiences into curriculum, the boundaries of this study are controlled to measure the direct influence …

Leniency Inflation, Cartel Damages, And Criminalization, Catarina Marvao, Giancarlo Spagnolo

Articles

We revisit the pros and cons of introducing cartel criminalization in the EU. We document the recent EU “leniency inflation”, whereby leniency has been increasingly awarded to many (or all) cartel members, which softens the “courthouse race” effect. Coupled with the insufficient protection of leniency applicants from damages (2014 Damages Directive), it may have led to a decrease in leniency applications and cartel convictions. Given the current level of fines, criminalization may have to be introduced. We then explore US criminal sanctions (1990–2015) to highlight potential areas of concern for EU policymakers, of which recidivism appears to be a significant …

Offsides: A Philosophical Dialogue About Action, Interpretation, And Judgment, Bernard Prusak

2023 Faculty Bibliography

No abstract provided.

Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman

Catholic University Journal of Law and Technology

The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line.

This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of …

International Business Is Contributing To Environmental Crises, Haitao Yu Dr, Pratima (Tima) Bansal Dr., Diane-Laure Arjaliès

Business Publications

All business contributes to environmental crises because of its focus on profit. We argue that international business (IB) contributes more than its fair share. IB's focus on cross-border arbitrage has led to the over-extraction of natural resources and the accumulation of waste. This is a problem, because natural resources are limited in quantity and embedded in their local environment. It is time for IB researchers to step up and substantially and meaningfully address IB’s contribution to environmental crises by embracing the principles of natural systems processes within its core assumptions and improving its theorizing of natural resources. In this paper, …

Sorry Not Sorry: Microaggression Perpetrator Learning Readiness Factors, Kathryn Elaine Kelly Watson

Electronic Theses and Dissertations

Microaggressions are commonplace slights perpetuated against out-group members that reinforce negative stereotypes, often inadvertently and unconsciously. Workplace mitigation efforts have traditionally been focused on raising awareness with the belief that perpetrators are simply unaware of their actions. While these efforts have done much to raise awareness—especially for victims of microaggressions, who may be more sensitive than ever of their occurrence—some perpetrators consciously persist through awareness, often with even more negative implications to the victim such as minimization, dismissal, and further stereotype reinforcement. For perpetrators to change their behavior, in addition to classic behavioral change models that require capability, opportunity, and …

Are Debt-Holders Effective Monitoring Agents In Strategic Alliance Formations?, Malika Chaudhuri, Jay J. Janney

International Review of Business and Economics

When undertaking strategic alliances, managers face a fundamental choice to pursue alliances that allow them to exploit the value of current firm assets or alliances that allow them to explore new trajectories for the firm. To answer this question, we tested our proposed theoretical framework using 652 US-based publicly traded pharmaceutical firms between 1990 and 2012. Findings suggest that exploitation alliances have higher impact on firm performance in the short and long run than exploration alliances. Consistent with the debt overhang problem presented by Myers (1977), our findings confirm that high-leverage firms have a higher inclination toward exploitation alliance formations …

Aviation Fuel Tankering And Sustainability: The Brazilian Scenario, Peter O'Reilly, Fabricio Sulzbacher, Diogo Jardim Coutinho, Maria Petrescu

International Journal of Aviation, Aeronautics, and Aerospace

This research project aims to investigate fuel tankering practices in the aviation industry, exploring their relation to carbon emissions and evaluating the Brazilian fuel tankering scenario in comparison to global and national policies and regulations. The study recommends sustainable national measures and compares global practices for minimizing the higher emissions due to fuel tankering. The results of the study show that the Brazilian aviation industry can sustainably neutralize the carbon emissions from the fuel tankering practice. The study recommends that airlines allocate part of the savings generated to purchasing carbon credits to offset the carbon emitted. Future research should focus …

Breaking Boundaries And Creating Inclusion-Based Organization Through Critical Performativity And Dialogical Accountability: The Case Of Fc United Manchester, Daniel Torchia, Simone D. Scagnelli, Laura Corazza

Research outputs 2022 to 2026

Purpose: The purpose of this paper is to extend research on boundary making and breaking through alternative football clubs. These entities have borne out of the disappointment caused by the neoliberal turn of the football industry, which excluded traditional fans from being active actors and therefore call for study and generalization of specific forms of alternative accountability. Design/methodology/approach: The study looks at emerging trends in the accounting and sport literature by drawing on two concepts that emerged in critical scholarship: critical performativity and critical dialogical accountability, with the aim of better understanding how these elements are developed and shaped within …

The Political Economy Of Due Diligence Legislation, Peter Draper, Andreas Freytag, Naoise Mcdonagh, Matthias Menter

Research outputs 2022 to 2026

The policy challenge. Citizens and politicians in Western democracies have increasingly become aware of the importance of human rights, civil liberties, social rights, and sustainability issues as well as the different adherence to basic rights (such as equal treatment) all over the world. This trend has recently materialized in laws in the United States (US), Europe, Australia, and elsewhere. To varying extents, these oblige domestic businesses to comply with, and enforce, Western values and standards along their international supply chains. This values-based due diligence legislation has caused ongoing controversies over compliance costs, impacts on foreign relations – particularly with developing …

Calling Time: How To Remove Fossil Fuel Sponsorships From Sports, Arts & Events, Ashlee Morgan, Sophia Nimphius, Genevieve Stewart, Jennifer Rayner, Ashleigh Croucher, Simon Bradshaw

Research outputs 2022 to 2026

Sports, arts and major events are deeply embedded in the Australian way of life. Weekend matches, concerts and festivals bring us together - to cheer, to share pride and excitement, to feel connected to each other and to keep building our national story.

When we barrack for our beloved teams, discover the work of a new local artist or laugh until our cheeks hurt at a comedy show, we are taking part in a ritual that has shaped social and cultural life in Australia for generations.

Climate change – driven by burning coal, oil and gas – is putting all …

Development Of Climate-Related Disclosure Indicators For Application In Indonesia: A Delphi Method Study, Prianto B. Saptono, Gustofan Mahmud, Intan Pratiwi, Dwi Purwanto, Ismail Khozen, Muhamad A. Aditama, Siti Khodijah, Maria E. Wayan, Rina Y. Asmara, Ferry Jie

Research outputs 2022 to 2026

Indonesia is currently preparing to adopt the climate-related disclosure standard. Before this new standard is implemented effectively, the Institute of Indonesia Chartered Accountants (IAI), the Indonesia Task Force on Comprehensive Corporate Reporting (CCR) leader, recognised the importance of harmonising this standard’s key disclosure indicators with Indonesian regulations and business characteristics. In this case, input from various constituencies may be required, particularly regarding the mechanism that enables entities with varying capabilities and levels of preparation to apply this new standard. Hence, the main objective of this paper is to develop weighted and applicable climate-related disclosure indicators. We use the Delphi method …