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Duke Law

Law and Contemporary Problems

Journal

Business ethics

Publication Year

Articles 1 - 12 of 12

Full-Text Articles in Law

Comment On Dunfee, A. A. Sommer Jr. Jul 1999

Comment On Dunfee, A. A. Sommer Jr.

Law and Contemporary Problems

Sommer comments on the framework provided by Dunfee in which managers can make rational--and rationalized--decisions as to when ethical considerations may supersede shareholder interests.


Banded Contracts, Mediating Institutions, And Corporate Governance: A Naturalist Analysis Of Contractual Theories Of The Firm, Timothy L. Fort, James J. Noone Jul 1999

Banded Contracts, Mediating Institutions, And Corporate Governance: A Naturalist Analysis Of Contractual Theories Of The Firm, Timothy L. Fort, James J. Noone

Law and Contemporary Problems

Fort and Noone relate business ethics to notions of transcendence found in nature and anthropology. They address the notion of contracts within corporate legal theory because contracts are used as a model both by those who advocate minimalist, agency business duties and by others who propound a broad business ethic.


Corporate Governance In A Market With Morality, Thomas W. Dunfee Jul 1999

Corporate Governance In A Market With Morality, Thomas W. Dunfee

Law and Contemporary Problems

Dunfee analyzes the implications for corporate governance of the existence of morality within consumer and capital markets. Analysis of the role of moral desires within markets represents a new way of looking at the long-standing debate concerning the social responsibility of corporations.


Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox Oct 1997

Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox

Law and Contemporary Problems

Cox discusses the linkage between private litigation and the deterrence of corporate misconduct.


Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen Oct 1997

Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen

Law and Contemporary Problems

Allen comments on papers written by James Cox and Deborah DeMott regarding the deterrence of corporate misconduct. He examines the limits of compensation and deterrence as legal remedies.


Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin Oct 1997

Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin

Law and Contemporary Problems

Sporkin discusses how the private sector has often had to fend for itself when it comes to deterring corporate misconduct.


Organizational Incentives To Care About The Law, Deborah A. Demott Oct 1997

Organizational Incentives To Care About The Law, Deborah A. Demott

Law and Contemporary Problems

DeMott discusses the fit between agency doctrine and the ability of organizations to obey or disregard the law. The opinion in "In re Caremark International Inc. Derivative Litigation" is central to DeMott's analysis.


Commentary, Sheldon H. Elsen Oct 1997

Commentary, Sheldon H. Elsen

Law and Contemporary Problems

Elsen comments on articles by Deborah DeMott and James Cox. He agrees with them that the rules governing conduct are often different from the rules written in compliance programs and as part of codes of conduct.


Comment On Lynch, Michael B. Mukasey Jul 1997

Comment On Lynch, Michael B. Mukasey

Law and Contemporary Problems

Mukasey offers a comment on Gerard E. Lynch's article concerning the role of criminal law in policing corporate misconduct.


Comment On Lynch, Kenneth J. Bialkin Jul 1997

Comment On Lynch, Kenneth J. Bialkin

Law and Contemporary Problems

Bialkin offers a comment on Gerard E. Lynch's article on the role of criminal law in policing corporate misconduct.


The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch Jul 1997

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Law and Contemporary Problems

Lynch explores what it means or should mean to argue that a business misconduct matter is or isn't a "criminal case."


Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr Jul 1997

Crime And Custom In Corporate Society: A Cultural Perspective On Corporate Misconduct, John M. Conley, William M. O'Barr

Law and Contemporary Problems

Conley and O'Barr take an anthropological perspective on three cases of alleged corporate misconduct--car dealer discrimination, Archer Daniels Midland, and the tobacco industry trials.