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Full-Text Articles in Law

Five Year Strategic Plan For Economic Development: Prepared For The Town Of Winthrop, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston Nov 2014

Five Year Strategic Plan For Economic Development: Prepared For The Town Of Winthrop, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

In the spring of 2014, the Town of Winthrop hired the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston to help develop a Strategic Plan for Economic Development. The Center’s project team began its work by carefully analyzing data in order to understand Winthrop’s current business environment, and to learn how it has changed over time. Multiple sources of information were used, including the Census Bureau’s Decennial Census, American Community Survey, and County Business Patterns, data from the Bureau of Labor Statistics, and Claritas retail leakage data. In addition, the project team distributed and …


Framing A Purpose For Corporate Law, William W. Bratton Jul 2014

Framing A Purpose For Corporate Law, William W. Bratton

All Faculty Scholarship

This article seeks to frame a short statement of purpose for corporate law on which all reasonable observers can agree. The statement, in order to succeed at its intended purpose, must satisfy two strict conditions: first, it must have enough content to be meaningful; second, it must be completely uncontroversial, both descriptively and normatively. The exercise, thus described, involves avoiding the issues that occupy center stage in discussions about corporate law while at the same time highlighting the discussants’ generally held presuppositions. Three closely interconnected issues arise. First, whether the statement of the purpose of corporate law should speak in …


Economic Trends Report, Prepared For The Town Of Winthrop, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston Jun 2014

Economic Trends Report, Prepared For The Town Of Winthrop, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

This Economic Trends report provides a multi-decade look at the economy of the Town of Winthrop. It is hoped that the report will serve as a reference guide for residents, business persons, and policy makers seeking to grow the local economy, using facts and data to help identify strategies and goals for the future.

The report contains information on change in resident population, since residents oftentimes are a natural market for the goods and services provided by businesses within the community; they can also serve as a ready workforce for those businesses. It also looks at the number and type …


The Ethical-Religious Framework For Shalom, Michael E. Cafferky Feb 2014

The Ethical-Religious Framework For Shalom, Michael E. Cafferky

Faculty Works

This paper explores the ancient Hebrew Decalogue, the Ten Commandments, a traditional ethical-religious framework for business conduct, in terms of its contribution to well-being. Some elements of the Decalogue align with what contemporary scholars believe are generally-accepted moral principles expected of businesses. This paper addresses the question of how all the elements of the Decalogue contribute to the Hebrew concept of Shalom. The purpose of the Decalogue is established in the context of a covenant community of believers. Each of the Ten Commandments is evaluated in terms of its contribution to Shalom.


Growing Ideas - Caring For Young Children - Business Matters, University Of Maine Center For Community Inclusion And Disability Studies Jan 2014

Growing Ideas - Caring For Young Children - Business Matters, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Caregivers or business owners? Family child care providers are both. Paying attention to the business aspects of running a family child care home is an important component to having the income and working environment needed for program success.


Planning Accessible Meetings And Conferences: A Suggested Checklist And Guide, University Of Maine Center For Community Inclusion And Disability Studies,, Speaking Up For Us Of Maine Jan 2014

Planning Accessible Meetings And Conferences: A Suggested Checklist And Guide, University Of Maine Center For Community Inclusion And Disability Studies,, Speaking Up For Us Of Maine

Community Living

This checklist was updated in November 2020 to include information for online meetings and conferences.

This checklist is designed to help any person, group, or organization plan a meeting or conference that is inclusive and welcoming for everyone. It offers helpful suggestions in many areas of event planning, including choosing a location, using respectful language for registration questions about accommodations, and tips on refreshments and meals. Its purpose is to provide practical recommendations that promote meaningful participation for everyone.


Lawyers And Fools: Lawyer-Directors In Public Corporations, Lubomir P. Litov, Simone M. Sepe, Charles K. Whitehead Jan 2014

Lawyers And Fools: Lawyer-Directors In Public Corporations, Lubomir P. Litov, Simone M. Sepe, Charles K. Whitehead

Cornell Law Faculty Publications

The accepted wisdom—that a lawyer who becomes a corporate director has a fool for a client—is outdated. The benefits of lawyer-directors in today’s world significantly outweigh the costs. Beyond monitoring, they help manage litigation and regulation, as well as structure compensation to align CEO and shareholder interests. The results have been an average 9.5% increase in firm value and an almost doubling in the percentage of public companies with lawyer-directors.

This Article is the first to analyze the rise of lawyer-directors. It makes a variety of other empirical contributions, each of which is statistically significant and large in magnitude. First, …


A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome Jan 2014

A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome

Faculty Scholarship

This symposium essay summarizes our ongoing ethnographic research on corporate board diversity, discussing the central tension in our respondents’ views – their overwhelmingly enthusiastic support of board diversity coupled with an inability to articulate coherent accounts of board diversity benefits that might rationalize that enthusiasm. As their reactions make clear, frank dialogue about race and gender – even a seemingly benign discussion of diversity’s benefits – can be a difficult conversation.


At The Tipping Point: Race And Gender Discrimination In A Common Economic Transaction, Lu-In Wang Jan 2014

At The Tipping Point: Race And Gender Discrimination In A Common Economic Transaction, Lu-In Wang

Articles

This Article examines the ubiquitous, multibillion dollar practice of tipping as a vehicle for race and gender discrimination by both customers and servers and as a case study of the role that organizations play in producing and promoting unequal treatment. The unique structure of tipped service encounters provides plenty of opportunities and incentives for the two parties to discriminate against one another. Neither customers nor servers are likely to find legal redress for the kinds of discrimination that are most likely to occur in tipped service transactions, however, because many of the same features of the transaction that promote discrimination …


Toward A Theory Of Shareholder Leverage, Lisa Fairfax Jan 2014

Toward A Theory Of Shareholder Leverage, Lisa Fairfax

All Faculty Scholarship

On Friday, April 11, and Saturday, April 12, 2014, the UCLA School of Law Lowell Milken Institute for Business Law and Policy sponsored a conference on competing theories of corporate governance.

Corporate law and economics scholarship initially relied mainly on agency cost and nexus of contracts models. In recent years, however, various scholars have built on those foundations to construct three competing models of corporate governance: director primacy, shareholder primacy, and team production.

The shareholder primacy model treats the board of directors as agents of the shareholders charged with maximizing shareholder wealth. Scholars such as Lucian Bebchuk working with this …


Tortifying Retaliation: Protected Activity At The Intersection Of Fault, Duty, And Causation, Deborah L. Brake Jan 2014

Tortifying Retaliation: Protected Activity At The Intersection Of Fault, Duty, And Causation, Deborah L. Brake

Articles

In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court broke its string of plaintiff victories in the eight retaliation cases it has decided since 2005. In its 2013 decision in that case, the Court rejected a mixed motive framework for Title VII’s retaliation provision, a part of the statute that Congress did not amend in 1991 when it adopted the motivating factor standard for proving discrimination under Title VII. For help construing what “because of” means in the retaliation claim, the Court looked to tort law, which it read as requiring plaintiffs to prove but-for causation …


Investigation Into The Ratio Of Operating And Support Costs To Life-Cycle Costs For Dod Weapon Systems, Gary L. Jones, Edward D. White, Erin T. Ryan, Jonathan D. Ritschel Jan 2014

Investigation Into The Ratio Of Operating And Support Costs To Life-Cycle Costs For Dod Weapon Systems, Gary L. Jones, Edward D. White, Erin T. Ryan, Jonathan D. Ritschel

Faculty Publications

Recent legislation, such as the Weapon Systems Acquisition Reform Act of 2009, requires a renewed emphasis on understanding Operating and Support (O&S) costs. Conventional wisdom within the acquisition community suggests a 70:30 cost ratio with respect to O&S and acquisition of an average weapon system. Using 37 Air Force and Navy programs, the authors estimate the mean overall ratio of O&S costs to acquisition costs to be closer to 55:45, although many weapon systems displayed significant deviation from this 55 percent average. Contributing factors such as life expectancy and acquisition strategy (i.e., new system or modification) affect this variance. Their …


Separation Anxiety: A Cautious Endorsement Of The Independent Board Chair, Lisa Fairfax Jan 2014

Separation Anxiety: A Cautious Endorsement Of The Independent Board Chair, Lisa Fairfax

All Faculty Scholarship

This Article critically examines the competing arguments related to splitting the roles of CEO and board chair. Although the campaign for independent board chairs has received increased attention from shareholders and regulators, there has been very little academic analysis of such campaign. This Article seeks to fill this void not only by examining the campaign, but also by assessing its implications in light of the available empirical evidence and normative claims. Based on this assessment, this Article offers two conclusions. First, while there appear to be costs associated with splitting the roles of CEO and board chair, those costs likely …