Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Warming Up To Climate Change Risk Disclosure, Jeffrey M. Mcfarland
Warming Up To Climate Change Risk Disclosure, Jeffrey M. Mcfarland
Jeffrey M McFarland
No abstract provided.
Attorney Liability Under The Foreign Corrupt Practices Act: Legal And Ethical Challenges And Solutions, William Alan Nelson Ii
Attorney Liability Under The Foreign Corrupt Practices Act: Legal And Ethical Challenges And Solutions, William Alan Nelson Ii
William Alan Nelson II
This article examines the legal end ethical obstacles facing attorneys when counseling clients on the Foreign Corrupt Practices Act (FCPA). It gives the background of the FCPA and the circumstances of its enactment, specifically looking at the legislative history of the Act. The article also provides the statutory language of the FCPA and cases illustrating how the FCPA has been applied. It examines the relationship of the FCPA and the ABA Model Rules of Professional Conduct and state ethical rules on attorney conduct. The article provides multiple hypotheticals illustrating the ethical quagmires attorneys face when counseling clients on the FCPA. …
Catholic Social Thought And The Reality Of The Corporation, Michael Lp Lower
Catholic Social Thought And The Reality Of The Corporation, Michael Lp Lower
Michael LP Lower
The debate about whether society, the corporation and any other type of "universal" has a reality outside of the mind is an old one. Catholic Social Thought (CST) sees the corporation as a community of persons. It has an existence (a life and ability to operate) of its own and is oriented to the good of its participants. This view is contrasted with the nexus of contracts approach, Williamson's Transaction Cost Economics approach and some types of stakeholder theory. It is contended that CST's approach is more realistic.
Employee Participation In Corporate Governance: An Ethical Analysis, Michael Lp Lower
Employee Participation In Corporate Governance: An Ethical Analysis, Michael Lp Lower
Michael LP Lower
This paper outlines why CST has called for employees to be involved in the governance of the firms that they work for and a share in ownership. It points out the economic issues involved as part of its broader ethical analysis. The John Lewis Partnership is pointed to as a good working model. The possible use of ESOPs to bring about desirable changes is considered. The case for mandatory codetermination is outlined.
Enhancing The Efficiency Of Board Decision Making: Lessons Learned From The Financial Crisis Of 2008, Bernard S. Sharfman
Enhancing The Efficiency Of Board Decision Making: Lessons Learned From The Financial Crisis Of 2008, Bernard S. Sharfman
Bernard S Sharfman
As a result of the financial crisis of 2008, the employment compensation policies and decisions of Wall Street corporate boards have come under close scrutiny. More specifically, the willingness to approve company wide compensation plans that resulted in the paying out of billions of dollars in bonuses even in the face of deteriorating financial and economic conditions. If only these and other Wall Street firms had retained the bulk of these large annual bonuses over the last several years when the financial markets were noticeably in decline, perhaps the economic impact of the current financial crisis would have been less …