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2006

Business Law, Public Responsibility, and Ethics

Articles 1 - 30 of 31

Full-Text Articles in Law

Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly Dec 2006

Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly

BYU Law Review

No abstract provided.


Nonprofit Takeovers: Regulating The Market For Mission Control, Dana Brakman Reiser Dec 2006

Nonprofit Takeovers: Regulating The Market For Mission Control, Dana Brakman Reiser

BYU Law Review

No abstract provided.


Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García Oct 2006

Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García

Bruno L. Costantini García

Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.


Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jul 2006

Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos


The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel Jun 2006

The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel

All Faculty Scholarship

This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small ...


The "Branding Effect" Of Contracts, D. Gordon Smith Apr 2006

The "Branding Effect" Of Contracts, D. Gordon Smith

Faculty Scholarship

In his case study of the MasterCard IPO and its predecessor piece on the Google IPO, Victor Fleischer claims to find evidence of a branding effect of legal infrastructure. The branding effect is not aimed at reducing the potential for opportunism by a counterparty to a contract, but rather at increasing the attractiveness of a product to present and future users or improving the image of a company in the eyes of regulators, judges, and juries. In this essay commenting on Fleischer's work, I endorse the notion that deal structures have branding effects and position Fleischer's work within ...


A Comparative Analysis Of Human Rights Laws In The United States And Australia, Emily F. Chalifoux Apr 2006

A Comparative Analysis Of Human Rights Laws In The United States And Australia, Emily F. Chalifoux

Honors Theses

Discrimination does not make good business sense; it causes tension and a decrease in productivity. Even though human rights laws vary from country to country, conforming with these laws makes business more cohesive and productive. Some of the many benefits include:

  • Increase the pool of potential employees and, therefore, the chances of getting the best person for the job,
  • Build morale and productivity of employees
  • Minimize complaints, disruptions and legal wrangles, leaving employees to focus on their work, and
  • Add to the bottom line and build the company's reputation in the community.

The purpose of this paper is to ...


Introduction: The Entrepreneurial University, Joseph Ellin Apr 2006

Introduction: The Entrepreneurial University, Joseph Ellin

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.


Universities And Corporations: A Selection Of Papers Presented At Tire Western Michigan University Emeriti Council Forum, Center Of The Study Of Ethics In Society Apr 2006

Universities And Corporations: A Selection Of Papers Presented At Tire Western Michigan University Emeriti Council Forum, Center Of The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

A selection of papers presented at the WMU Emeriti Council Forum.


Applying A Business Model To The University, John Neill Apr 2006

Applying A Business Model To The University, John Neill

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.


The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr. Apr 2006

The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr.

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.


Cultural Contradictions And Ethical Dilemmas In The Corporate-Styled University, Eric Gould Apr 2006

Cultural Contradictions And Ethical Dilemmas In The Corporate-Styled University, Eric Gould

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University


The Commodification Of International Education, Howard Dooley Apr 2006

The Commodification Of International Education, Howard Dooley

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.


Recent Developments In International Education At Wmu, Ronald Davis Apr 2006

Recent Developments In International Education At Wmu, Ronald Davis

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.


The College Of Engineering And Applied Sciences & The Btr-A Partnership With Purpose, Michael B. Atkins, Kurt Hayden Apr 2006

The College Of Engineering And Applied Sciences & The Btr-A Partnership With Purpose, Michael B. Atkins, Kurt Hayden

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.


Epilogue: Universities And Corporations, Robert Kauffman Apr 2006

Epilogue: Universities And Corporations, Robert Kauffman

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.


Media Ethics: The Powerful And The Powerless, Elaine E. Englehardt Apr 2006

Media Ethics: The Powerful And The Powerless, Elaine E. Englehardt

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Measuring Efficiency In Corporate Law: The Role Of Shareholder Primacy, Jill E. Fisch Apr 2006

Measuring Efficiency In Corporate Law: The Role Of Shareholder Primacy, Jill E. Fisch

Faculty Scholarship at Penn Law

The shareholder primacy norm defines the objective of the corporation as maximization of shareholder wealth. Law and economics scholars have incorporated the shareholder primacy norm into their empirical analyses of regulatory efficiency. An increasingly influential body of scholarship uses empirical methodology to evaluate legal rules that allocate power within the corporation. By embracing the shareholder primacy norm, empirical scholars offer normative assessments about regulatory choices based on the effect of legal rules on measures of shareholder value such as stock price, net profits, and Tobin’s Q.

This Article challenges the foundations of using the shareholder primacy norm to judge ...


Proposed Amendments To The Fish Resources Management Act 1994. Discussion Paper., Department Of Fisheries Apr 2006

Proposed Amendments To The Fish Resources Management Act 1994. Discussion Paper., Department Of Fisheries

Fisheries management papers

The FRMA was implemented on 1 October 1995 following widespread public consultation and support from both Houses of Parliament. The Act implemented a number of significant changes to public administration and made certain advances in many areas (e.g. a public register of authorisations). In the ten years of its operation, the FRMA has demonstrated many strengths, however, experience and changes in policy direction have highlighted certain aspects of fisheries management and law that deserve attention and possible amendment.


Good Faith, State Of Mind, And The Outer Boundaries Of Director Liability In Corporate Law, Christopher M. Bruner Jan 2006

Good Faith, State Of Mind, And The Outer Boundaries Of Director Liability In Corporate Law, Christopher M. Bruner

Scholarly Works

The Delaware General Corporation Law was amended in 1986 to permit shareholder-approved exculpatory charter provisions shielding corporate directors from monetary liability for certain fiduciary duty breaches not including (among other things) breaches of the duty of loyalty and acts not in good faith. This article examines the development of corporate fiduciary duty doctrine in Delaware leading up to and following this statutory amendment, focusing particularly on the Delaware courts' evolving conception of the meaning anddoctrinal status of the good faith concept employed in recent cases to permit a non-exculpable cause ofaction for conscious nonfeasance.

The article argues that Delaware's ...


The Equilibrium Content Of Corporate Federalism, William W. Bratton, Joseph A. Mccahery Jan 2006

The Equilibrium Content Of Corporate Federalism, William W. Bratton, Joseph A. Mccahery

Faculty Scholarship at Penn Law

No abstract provided.


Legal History Meets The Honors Program, Robert B. Bennett Jan 2006

Legal History Meets The Honors Program, Robert B. Bennett

Scholarship and Professional Work - Business

In this article, the author discusses the "Law and Culture" course that he developed to teach in the Butler University Honors Program. The course looks at some landmark periods or events in legal history and explores how those events were the product of their culture, and how they affected their culture. Among the events or periods that the author has looked at in iterations of this course were the survival instinct on display in "Regina v. Dudley and Stephens," the Nuremberg trials, the Scopes Monkey Trial, the modern American litigation explosion, and the events surrounding the U.S. Supreme Court ...


Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank Jan 2006

Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank

Faculty Scholarship at Penn Law

In this Essay, Professor Burbank comments on the essays by Professors Nagareda and Issacharoff. Welcoming the opportunity to revisit the interplay between procedure and substantive law and the question of democratic accountability that Professor Nagareda’s essay presents, Professor Burbank concludes that the parts of that essay are greater than the whole. He finds that Professor Nagareda’s pursuit of unifying themes and a general normative theory leads to inconsistencies in classification between procedure and substance and to an impoverished vision of institutional legitimacy. Professor Burbank voices concern that this quest, which is also evident in the current draft of ...


The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch Jan 2006

The "Bad Man" Goes To Washington: The Effect Of Political Influence On Corporate Duty, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch Jan 2006

Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch

Faculty Scholarship at Penn Law

An extensive body of behavioral economics literature suggests that investors do not behave with perfect rationality. Instead, investors are subject to a variety of biases that may cause them to react inappropriately to information. The policy challenge posed by this observation is to identify the appropriate response to investor irrationality. In particular, should regulators attempt to protect investors from bad investment decisions that may be the result of irrational behavior?

This Article considers the appropriate regulatory response to investor irrationality within the concrete context of the research analyst. Many commentators have argued that analyst conflicts of interest led to biased ...


Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon Jan 2006

Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon

Faculty Scholarship at Penn Law

No abstract provided.


Tracing, Peter B. Oh Jan 2006

Tracing, Peter B. Oh

Articles

Tracing is a method that appears within multiple fields of law. Distinct conceptions of tracing, however, have arisen independently within securities and remedial law. In the securities context plaintiffs must trace their securities to a specific offering to pursue certain relief under the Securities Act of 1933. In the remedial context victims who trace their misappropriated value into a wrongdoer's hands can claim any derivative value, even if it has appreciated.

This article is the first to compare and then cross-apply tracing within these two contexts. Specifically, this article argues that securities law should adopt a version of the ...


Unwrapping Racial Harassment Law, Pat K. Chew Jan 2006

Unwrapping Racial Harassment Law, Pat K. Chew

Articles

This article is based on a pioneering empirical study of racial harassment in the workplace in which we statistically analyze federal court opinions from 1976 to 2002. Part I offers an overview of racial harassment law and research, noting its common origin with and its close dependence upon sexual harassment legal jurisprudence. In order to put the study's analysis in context, Part I describes the dispute resolution process from which racial harassment cases arise.

Parts II and III present a clear picture of how racial harassment law has played out in the courts - who are the plaintiffs and defendants ...


Supersize Pay, Incentive Compatibility, And The Volatile Shareholder Interest, William W. Bratton Jan 2006

Supersize Pay, Incentive Compatibility, And The Volatile Shareholder Interest, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy Dec 2005

Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy

Benedict Sheehy

Abstract: Shareholders rights advocates argue that shareholders have the right to control the corporation. This article examines the basis for the claims. It begins with an analysis of rights, then moves to an analysis of legal rights, which is followed by an analysis of property rights as a species of legal rights. The article then examines the historical context, rationale and development of shareholder rights which leads to the analysis of current shareholders’ rights. The article concludes with some comments and suggestions concerning future development of corporate governance thinking.