Law Commons^™

How Slot Machines Work -- And Why You Should Think Twice Before Playing Them, Anthony Frederick Lucas

Hospitality Faculty Research

A short summary of my recent academic research. The intent was to expose a wider audience to the findings. The U.S. Conversation was recommended by Mary Croughan, VP Research & Economic Development

Board Independence As A Panacea To Tunnelling? An Empirical Study Of Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan, Wei Zhang

Research Collection Yong Pung How School Of Law

In this article, we examine a general question: is the legal transplantation of corporate governance rule effective in curtailing agency costs? Entering into the 21st century, we have seen reforms of corporate governance standards in the Far East since the Asian Financial Crisis in 1997, including in Hong Kong and Singapore. These reforms built on the Anglo-American model of corporate governance in the UK and US supported by broad academic literature of connecting better corporate governance with firm value and identifying the association of tunneling or wrongdoings with poor corporate governance practices. The idea is also to provide more checks-and-balances …

Sexual Harassment Prevention After #Metoo: Employers' Need To Reevaluate, Michael T. Zugelder, Darrell M. Crosgrove, Paul J. Champagne

Finance Faculty Publications

The complex problem of workplace sexual harassment has now been put in sharper focus by the publicity of high-profile cases and the advent of the #MeToo movement, both of which have educated victims and motivated them to assert their civil rights. Employers can anticipate an increase in reported incidents and will need to reevaluate the sufficiency of their current anti-harassment policies, reporting procedures and support training to prevent sexual harassment. Employers ' should not stop there but should include efforts to create a culture of respect to prevent incidences of sexual harassment in the first place.

The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow

All Faculty Scholarship

In this report, Shakow explains how a decentralized autonomous organization functions and interacts with the U.S. tax system and presents the many tax issues that these structures raise. The possibility of using smart contracts to allow an entity to operate totally autonomously on a blockchain platform seems attractive. However, little thought has been given to how such an entity can comply with the requirements of a tax system. The DAO, the first major attempt to create such an organization, failed because of a programming error. If successful examples proliferate in the future, tax authorities will face significant problems in getting …

The Salience Theory Of Consumer Financial Regulation, Natasha Sarin

All Faculty Scholarship

Prior to the financial crisis, banks’ fee income was their fastest-growing source of revenue. This revenue was often generated through nefarious bank practices (e.g., ordering overdraft transactions for maximal fees). The crisis focused popular attention on the extent to which current regulatory tools failed consumers in these markets, and policymakers responded: A new Consumer Financial Protection Bureau was tasked with monitoring consumer finance products, and some of the earliest post-crisis financial reforms sought to lower consumer costs. This Article is the first to empirically evaluate the success of the consumer finance reform agenda by considering three recent price regulations: a …

Tara Scott Et Al., Order On Certain Pending Motions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Omar Abdel-Aleem Et Al., Order On Pending Motions, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

William Butler Et Al., Order Staying The Case, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Tara Scott Et Al., Order Regrading Timeliness Of Plaintiffs Bailey M. Carter And Mary Wilson Carter's Claims, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Robert D. Scarborough, Jr. Et Al., Order Denying Defendants’ Motion To Compel, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Telling Your Story: Using Metrics To Display Your Value (H2), Wendy E. Moore, Thomas J. Striepe, Steve Lastres, Joy Shoemaker

Presentations

The American Bar Association, academic institutions, law firms, and governments are demanding more and more outcome-based performance. However, displaying these outcomes is difficult for law libraries. Law libraries possess an abundance of data, but determining which metrics will showcase your law library’s value and performance is difficult. Speakers from a law school, law firm, and court library will explain the different metrics they use to display their value to their stakeholders. After these short presentations, a “fishbowl” discussion will provide participants the chance to share and learn about different metrics and tools law libraries are using to best tell their …

Robert D. Scarborough Jr. Et Al., Order On Plaintiffs' Motion To Disqualify Banker Donelson, Llp As Counsel For The Defendants, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Trewin Homes, Llc, Order On Defendants’ Motion To Compel, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

One Man’S Tale Of Resisting The Seducing Spa Sirens Of Singapore, Gary Low

Research Collection Yong Pung How School Of Law

Why do people give in to pressure selling in the slimming and beauty industry? One consumer lawprofessor explores the dazzling experience of stepping into a spa.

Cyber War And Deterrence: Applying A General Theoretical Framework, Isaac Nacita [*], Mark Reith

Faculty Publications

There is a saying that politicians and generals are always fighting the last war, which is emphasized when the weapons and characteristics of warfare are changing rapidly. However, if this is true, it is often not due to an inability to learn lessons from previous conflicts, but to “overlearn” or overcompensate for the failures and experiences of the past. In reality, this is not a learning problem but one of forming poor implications from historical events, which leads to poor applications of doctrine the next time around. The DOD now acknowledges that warfare has extended into cyberspace, and it is …

Marginal Rates Under The Tcja, Reed Shuldiner

All Faculty Scholarship

In this report, Shuldiner argues that although the Tax Cuts and Jobs Act appears to offer an across-the board reduction in individual marginal tax rates augmented by an additional 20 percent reduction in rates on unincorporated business income, the situation is significantly more complex.

Shareholder Litigation And Corporate Disclosure: Evidence From Derivative Lawsuits, Thomas Bourveau, Yun Lou, Rencheng Wang

Research Collection School Of Accountancy

Using the staggered adoption of universal demand (UD) laws in the United States, we study the effect of shareholder litigation risk on corporate disclosure. We find that disclosure significantly increases after UD laws make it more difficult to file derivative lawsuits. Specifically, firms issue more earnings forecasts and voluntary 8-K filings, and increase the length of management discussion and analysis (MD&A) in their 10-K filings. We further assess the direct and indirect channels through which UD laws affect firms' disclosure policies. We find that the effect of UD laws on corporate disclosure is driven by firms facing relatively higher ex …

Defying The Tone At The Top: An Analysis On The Effects Of Board Characteristics On The Level Of Tax Avoidance Across Philippine Publicly Listed Firms, John Ryan G. Ledesma, Chester T. Herrera, Sharlene Camille A. Li, Angelo A. Unite, Ailyn A. Shi, Michael J. Sullivan

Angelo King Institute for Economic and Business Studies (AKI)

Over the years, the growing culture of tax avoidance among multinational companies around the world has shed light on the importance of improving corporate governance mechanisms. In the Philippines, poor tax collection due to tax leakages has contributed to chronic fiscal deficits in the country. The literature argues that good corporate governance mechanisms (e.g., the structure of the board of directors) play a significant role in ensuring that the management acts in the best interest of the firm and shareholders, thus eventually helping to mitigate the incidences of corporate tax avoidance. Specifically, agency theory argues that the presence of more …

Accounting Choices And The Legal Environment: The Impact Of The Ex Post Loss Rule, Teck Meng Junior Tan

Research Collection School Of Accountancy

Using a landmark Supreme Court decision as a natural experiment, I examine the impact of a fundamental requirement in securities litigation, the ex post loss rule, on income-decreasing accounting choices. Dura Pharmaceuticals v. Broudo (2005) established that plaintiffs must show that the alleged misrepresentations caused an actual economic loss. The case resolved a circuit split, allowing me to identify a treatment jurisdiction affected by Dura, and control jurisdictions in which the rule was already the prevailing legal standard. Motivated by legal analyses suggesting that Dura incentivizes firms to delay negative corrections, I hypothesize and find that treatment firms in high-litigation …

Individual Lawyers, The Sec Revolving Door, And Comment Letters, Michael Shen, Samuel T. Tan

Research Collection School Of Accountancy

Government officials, advocacy groups, and the business press have raised concerns that former SEC employees may continue to influence the SEC after leaving the agency. Using a hand-collected database of individual lawyers that represent firms in responding to SEC comment letters, we examine the impact of individual lawyers, and lawyers formerly employed by the SEC, on the comment letter process. We document significant differences between lawyers and law firms in their clients’ resistance to SEC comment letters, and find that firms that retain former SEC employees are larger, more profitable, and more likely to have received a comment letter raising …

Regulation And The Marginalist Revolution, Herbert J. Hovenkamp

All Faculty Scholarship

The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. Marginalism, whose development defines the boundary between classical political economy and neoclassical economics, completely overturned economists’ theory of value. It developed in the late nineteenth century in England, the Continent and the United States. For the classical political economists, value was a function of past averages. One good example is the wage-fund theory, which saw the optimal rate of wages as a function of the firm’s ability to save from previous profits. Another is the theory of corporate finance, which assessed a corporation’s …

Legislation Meets Tradition: Interpretations And Implications Of The Volunteer Protection Act For Nonprofit Organizations As Viewed Through The Lens Of Hermeneutics, Patricia Groble, Nicholas C. Zingale, Joseph Mead

All Maxine Goodman Levin School of Urban Affairs Publications

Volunteers enable nonprofit organizations to reach more clients and more effectively fulfill their missions. However, the good done by these volunteers may be offset by their careless behavior. Rising fears that resulting lawsuits and monetary damages would deter potential volunteers from volunteering caused Congress to enact the Volunteer Protection Act. This research studies court decisions to ascertain whether the law fulfills its purpose and considers the implications of these interpretations for nonprofit managers. It also tests the usefulness of the hermeneutical approach to legal interpretation and to determine how the Act has changed as a result of these court decisions.

Omar Abdel-Aleem Et Al., Order On Defendants’ Motion To Compel Discovery, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Law Library Blog (May 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Housing Authority Of The City Of Atlanta, Georgia, Order On Pending Motions, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

2nd Place Contest Entry: Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, Stephanie Caress

Kevin and Tam Ross Undergraduate Research Prize

This is Stephanie Caress' submission for the 2018 Kevin and Tam Ross Undergraduate Research Prize, which won second place. She wrote about current copyright laws and digital distribution practices and how they can be improved for creators and consumers of music.

Stephanie is a senior at Chapman University, majoring in Music and Strategic & Corporate Communication. Her faculty mentor is Dr. Jessica Sternfeld.

Bernard H. Bronner, Derivatively On Behalf Of Rainforest Production Holdings, Inc. And Directly On Behalf Of Himself, Order On Certain Pending Motions, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Bsl Holdings, Llc Et Al., Order On Plaintiff's Third Motion To Compel Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Terrorism Risk Insurance: Is It Really Working?, Rebecca Demarest

Honors Projects in Mathematics

This paper investigates terrorism risk insurance in the United States as well as those programs offered in other countries throughout the world. In the United States, particular attention is devoted to the interaction of government with private insurers to maintain an effective insurance program. An analysis is performed comparing terrorism insurance before and after the attacks on the World Trade Center on September 11, 2001. The paper looks into actual terrorist events that have occurred focusing on 56 world-wide events that are associated with property losses greater than $10 million. This paper not only investigates the losses that were incurred …

Business Law Bulletin, Spring 2018

Business Law Bulletin

No abstract provided.