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Articles 1 - 8 of 8
Full-Text Articles in Law
Ethical Implications Of Forensic Genealogy In Criminal Cases, Solana Lund
Ethical Implications Of Forensic Genealogy In Criminal Cases, Solana Lund
The Journal of Business, Entrepreneurship & the Law
The use of forensic genealogy to solve criminal cases is likely to increase in the coming years, especially given its success in solving cold cases. While its potential for good is impressive, there are also legitimate ethical concerns that need to be addressed. As society sees an increase in the use of forensic genealogy and DTC databases in criminal investigations as well as an increase in the media attention it garners, there will be more discussion regarding ethical implications. Legal scholars say that it is only a matter of time before courts weigh in on the privacy of DNA and …
Drawing The Line: Can Lawyers Invest In Their Client's Business Without Crossing An Ethical Line?, Ali Ghassemi
Drawing The Line: Can Lawyers Invest In Their Client's Business Without Crossing An Ethical Line?, Ali Ghassemi
The Journal of Business, Entrepreneurship & the Law
I will begin with a look inside the history of entrepreneurship and its rise and decline throughout various times in our country’s history. I will then shift the focus towards the history of startup companies and what the modern trend is today in startups. After laying the foundation for startups, I will look into the complexities of creating a startup company and looking at the role that attorneys play in the lifetime of startups. From there, I will dive into the history and trend of lawyers who have invested in their client’s companies - through direct investment or bartering by …
Financial Misconduct, Ethical Theory, And Regulatory Ethics— Promoting Accountability, P. M. Vasudev
Financial Misconduct, Ethical Theory, And Regulatory Ethics— Promoting Accountability, P. M. Vasudev
The Journal of Business, Entrepreneurship & the Law
This paper examines developments in the financial sector and identifies a role for regulatory ethics in promoting integrity and accountability. In this effort, the paper also explores theoretical perspectives in ethics and how they can shape business behavior. Specifically, the article proposes corporate codes of ethics, a mandatory requirement under the New York Stock Exchange Listing Rules, as instruments to promote morality in corporate conduct. Ethics codes, which are internally generated, must be tailored to reflect the experience and made more effective. They can be amplified to specify standards to govern the fiduciary duty of care applicable to executives, personal …
No Power To Be Disloyal (Or, How Not To Write A Loyalty Opinion) , Val Ricks
No Power To Be Disloyal (Or, How Not To Write A Loyalty Opinion) , Val Ricks
The Journal of Business, Entrepreneurship & the Law
It is the thesis of this paper that no privilege to act disloyally exists: that a power to act never trumps the duty of loyalty. My method is to discuss three cases in which the privilege or power to act appears to receive judicial support. The paper shows why this strategy does not work. Such assertions have no support in logic (and usually not in law), provide a slippery slope at the bottom of which the duty of loyalty ceases to exist, often result in a decision being internally inconsistent, and fail to stand the test of time. I will …
Bribery Boom Or Bust: A Practitioner’S Primer For Differentiating Between Bribes And Legitimate Exceptions In The Foreign Corrupt Practices Act, Jer Monson
The Journal of Business, Entrepreneurship & the Law
This article seeks to help business practitioners anticipate and prevent business challenges related to the Foreign Corrupt Practices Act. To this end, it attempts a high-level, practitioner-friendly review of the FCPA—including an in-depth look at the anti-bribery provisions, case-based illustrations of their application, and guidelines for staying in compliance. Part I provides practitioners with a brief introduction to the FCPA. Part II proceeds with a more detailed background and overview of the FCPA, examining both the statute’s enactment and the obligations arising from it. Part III provides practitioners with an overview of significant global developments in anti-corruption policy, and profiles …
Leveraging The Dialectical Theory In Case Study Analysis: Genzyme's Ethical Dilemma, Andrei Duta
Leveraging The Dialectical Theory In Case Study Analysis: Genzyme's Ethical Dilemma, Andrei Duta
The Journal of Business, Entrepreneurship & the Law
This paper provides the theoretical framework for a case study that I share with students in my courses. The dialectical theory is used to analyze ethical conundrums pertaining to Genzyme, a successful bio-tech corporation based in Boston, Massachusetts that manufactures treatments for serious diseases such as kidney problems, immune diseases, and cancer. We discuss questions such as: is Genzyme acting unethically when averaging extremely high profit margins on drugs for rare diseases? Is the company taking advantage of the lack of pharmaceutical choices that patients have when addressing their ailments? The dialectical theory provides the framework and vocabulary for discussing, …
Corporate Lawyers After The Big Quake: The Conceptual Fault Line In The Professional Duty Of Confidentiality, Thomas G. Bost
Corporate Lawyers After The Big Quake: The Conceptual Fault Line In The Professional Duty Of Confidentiality, Thomas G. Bost
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Codes Of Ethics And State Fiduciary Duties: Where Is The Line?, Z. Jill Barclift
Codes Of Ethics And State Fiduciary Duties: Where Is The Line?, Z. Jill Barclift
The Journal of Business, Entrepreneurship & the Law
No abstract provided.