Tesis: "Public business law"

1

Sack, Fabian P. D. "A moral law for the jungle a Kantian exploration in corporate environmental ethics /". Access electronically, 2005. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20060731.153244/index.html.

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2

Sundgren, David. "Public Procurement of Complex IT Systems Within the Electricity Sector -Does the Law Encourage Good Business Practice?" Licentiate thesis, KTH, Electrical Systems, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-1678.

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The subject of this thesis is the Swedish Act (1992:1528) onPublic Procurement (APP) and its application in procurementwithin the electricity sector of certain complex IT systems.During the course of such procurements a need for flexibilityregarding the system functionality and the contractual scope ingeneral frequently arises. This is often due to the sheercomplexity of the system and the milieu that surrounds it.

The Act on Public Procurement, which often applies inprocurement within the electric-ity sector, is based on thenotion that the customer may only acquire an object that issimilar to that initially described in contract notices andcontract documents. Between this basic notion and the need forflexibility in procurement of the IT-systems there is a clearconflict. This thesis is aimed at exploring this conflict.

The APP is designed for procurement of a great variety ofobjects and different rules apply depending on the situation.Which provisions to apply are decided by the kind of customerand its kind of business activity, the estimated contractvalue, and the classifi-cation of the public contract as asupply, works, or service contract.

Procurement of certain complex IT systems has someproperties that require particular attention and theseproperties do not seem to have been sufficiently observed whenthe APP was written. The law appears to assume that a clearspecification is readily avail-able in the early stages of aprocurement process and that well-functioning competition isprevalent. Complex IT systems may for several reasons rarely beultimately specified at the outset and therefore they ought notto be treated as if that were the case.

The research work has consisted in studying what room forflexibility concerning system functionality and contractconditions the law permits during the course of theprocure-ment; during the evaluation of tenders, duringnegotiations, at the signing of the con-tract, and when changesin the contract or further contracts related to the firstcontract become necessary.

To study the need for flexibility and how the contractparties manage this need in prac-tice, two case studies havebeen carried out within the research work. The result of thesecase studies has been related to the theoretical discussions onthe permissible level of flexibility. In one of the cases therules on public procurement may have cased some problems as aneed for substantial changes arose. In the other case there wasno need for major changes and consequently the rules did notcause any concern in this respect.

Key words:Public Procurement, IT Systems, ElectricitySector, Good Business Practice

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3

Pei, Alexander. "Resale Price Maintenance: The Shortcomings of Leegin". Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/505.

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Resale Price Maintenance (RPM) is a contentious topic in economic policy. In effect, it allows manufacturers and suppliers to impose price fixing policies upon their distributors and retailers. While RPM was per se illegal as decided in Dr. Miles in 1911, various Supreme Court decisions afterwards weakened the ability of plaintiffs to hold companies liable for violating antitrust laws. As a result of the Leegin decision in 2007, Dr. Miles was overturned and RPM cases were to ruled to be found illegal on a rule of reason basis, further adding to the difficulty of the plaintiff's burden of proof. However, the economic analysis that the Supreme Court employed in reaching this decision failed to account for the full consequences and drawbacks under RPM, in addition to placing an undue emphasis on procompetitive assumptions supporting the use of RPM. Additionally, the Supreme Court may have overstepped its responsibilities and powers with respect to Congress. Nevertheless, the Leegin decision is not necessarily binding at the state level, whereas Congress still possesses the means to override the decision through subsequent legislation.

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4

WONG, Ho Yin. "Corporate social responsibility and firm performance : evidence from China". Digital Commons @ Lingnan University, 2012. https://commons.ln.edu.hk/acct_etd/16.

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A series of China’s product safety scandals have recently aroused global concerns over the business ethics and corporate social responsibility (CSR) in China. General public believe that companies have a responsibility towards the society that goes beyond their obligation of maximizing profits. The aims of this research are to understand the development of CSR in China over the past few years and measure the effects of CSR on firm performance by examining the standalone CSR reports for the period 2008-2009. The latest data indicate that Chinese companies have been making progress in their CSR practices. The results of this study show that the prior financial performance is positively associated with CSR disclosure and the CSR disclosure has a significant and positive effect on the firm financial performance in the next year.

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5

Hopkins, William Alvin. "Minority Business Enterprise Program's Impact on African American Businesses in Atlanta, Georgia". ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/3782.

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There was a long history of Jim Crow laws in the State of Georgia, which permeated in social, educational, and economical ways that prohibited African American business owners from competing for the state contracts. In 1982, there was a shift in state policy that implemented an outreach programs to seek out African American businesses and ensure that those interested businesses were enrolled as registered vendors for procurement. Yet little is known about the success of those outreach efforts over the last 35 years. Using Swearing and Plank's work on survival of minority business programs as a conceptual framework, this study evaluated (a) the association between the registration status (registered, non-registered, unknown) with the Georgia Minority Business Enterprise Program (GMBE Program) and gender, and (b) descriptive information about the outreach efforts of the MBE Program. Data were collected from 108 randomly selected African American small business owners in the State of Georgia through an online survey. A chi-square test revealed a significant association (p = .08) between gender and enrollment of registered vendors, with women more likely to register as vendors than were men. Descriptive data also revealed that nearly half (48% percent) of respondents had not registered with the MBE Program and were not aware of the educational and economic opportunities offered through the program. Contracts were awarded 4 times more frequently to vendors registered with the MBE Program as compared to businesses not registered. The positive social change implications of this study include recommendation to the state of the Georgia MBE Program to collaborate on outreach efforts to African American business owners to encourage economic development in minority communities and minorities-owned businesses.

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6

Garcia, Roberto C. "An Accounting Solution to The Public Pension Crisis". Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/890.

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Roughly 40 million American active and retired workers are covered by local, state or federal pension systems. The most recent financial crises has caused many of these pension systems to go up in flames, leaving politicians and economists puzzled as to where the money to pay off their future pension liabilities will come from. To add to the nightmare situation, we can expect the retirement of the baby-boomers over the next decade to exacerbate the conflagration. With less contributions coming in from the reduced number of active public employees, and more to pay out to retirees, many localities and states find themselves in the middle of the fire. This issue finds itself at the crossroads of politics, labor economics, accounting, and finance, and it will take a full-fledged effort from parties within all these fields to correct the mistakes of the past. The aim of this paper is to zero-in on the origins of this dilemma, diagnose the situation we find ourselves in today, and prescribe a solution or number of solutions to implement in the near future. To accomplish this, I will examine accounting standards, legislation, public policies, and labor demographics and attempt to provide insight as to how all of these affect the state of public pension plans. To this date we have already seen the effects pensions can have on governmental entities and it is important that people act now to prevent this issue from growing more widespread.

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7

Harris, Ajani. "The Impact of the Foreign Corrupt Practices Act on American Business from 1977-2010". Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/129.

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This paper seeks to present the moral and ethical frameworks in which to consider the effect of bribing on business and the great community; confront the cultural differences that lie between American businesses and its potential interest abroad, as well as the growing international move to implementation similar to that of the FCPA; analyze prior anti-bribery legislation and the historical events that prompted the need for a policy like the FCPA, discuss the basic elements of the policy’s two pronged approach of anti-bribery and disclosure regulation; examine several cases in the enforcement of the FCPA on American businesses; and consider the advantages and disadvantages of the statute on the performance of American businesses as a factor of total international exports.

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8

Bellemare, Daniel Martin. "The relevance of the structure-conduct-performance paradigm to horizontal merger analysis under the competition act". Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22441.

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The merger provisions of the Competition Act proclaimed on June 19, 1986 are similar in with section 7 of the Clayton Act and the decisions of U.S. Courts in antitrust merger cases. In the U.S. and Canada a merger may be enjoined only if it is likely to lessen competition substantially. Subsection 92(2) and section 93 of the Competition Act supply a list of factors that may be used in the assessment of the probable impact on competition that a merger could have. The author discusses the meaning of subsection 92(2) of the Competition Act and the relevance of the "structure-conduct-performance paradigm" to horizontal merger analysis in the Canadian context.
The author proceeds to a comparative analysis of the U.S. and Canadian antitrust regimes. The meaning of subsection 92(2) remains unsettled since the Competition Tribunal has not yet made a decision on the merits in a contested merger. The interpretation of subsection 92(2) suggested differs from that of the Director of Investigation and Research (Bureau of Competition Policy) and most antitrust commentators in Canada. (Abstract shortened by UMI.)

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9

Sinclair, Marie-Louise. "A model for effective organisational stakeholder engagement : development and evaluation of a systematic approach to corporate-stakeholder engagement management". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2009. https://ro.ecu.edu.au/theses/322.

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The establishment in business of concepts associated with the social bottom line (corporate social responsibility, corporate sustainability, community investment, stakeholder involvement, public participation and societal license amongst them) have focused the attention of communications academics and practitioners alike on the broad area of corporate social performance as a compelling element in the triple bottom line. Associated with this focus on corporate social performance, has been a burgeoning interest in stakeholder-related concepts of management, together with a drive to enhance the strategic value of corporate communications functions such as stakeholder engagement, community consultation and issues (social risk) management - primarily to improve corporate responsiveness.

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10

Amirdjanian, Kevin. "Accounting for Product Recalls: How to Promote Strong Corporate Governance and Business Ethics". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/792.

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The purpose of this paper is two-fold. The first goal is to qualitatively explore what ethics is and how companies can create a lasting culture of ethics. I explore the meanings of ethics, corporate ethics, and the responsibilities that companies have to shareholders and the public. The second goal is to demonstrate how a culture of ethics can help to prevent product recalls by creating a control environment that catches potentially dangerous products before they leave the facility. This is achieved through an analysis of three case studies: 1) Johnson & Johnson’s response to the Chicago Tylenol Murders of 1982, 2) Peanut Corporation of America’s response to its peanut butter recalls in 2009, and 3) Toyota Motor Corp’s response to the recalls of 2009-2011. The paper concludes by discussing trends in product safety over the last forty years and explaining why business ethics are an economic imperative, not just in preventing product recalls but also in protecting consumers.

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11

Campbell, Gregory Jr. "The Relationship Among Emotional Intelligence and Leadership Styles of Law Enforcement Executives". ScholarWorks, 2011. https://scholarworks.waldenu.edu/dissertations/996.

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Policing in the 21st century is becoming more complex and dynamic as law enforcement executives deal with operational, political, and economic challenges. Organizational theory and research indicate positive relationships among emotional intelligence (EI), leadership effectiveness, leadership styles, and employee outcomes. But these relationships have not been investigated in law enforcement organizations. The purpose of this quantitative study was to fill this knowledge gap by exploring the above relationships in a sample of law enforcement executives. Situational leadership theory, full range leadership model, and trait EI theory comprised the theoretical framework for this study. Data were collected from 139 law enforcement executives from the International Association of Chiefs of Police via an Internet survey. Pearson's correlation coefficient and multiple linear regression analyses were performed to test the hypotheses. Statistically significant relationships were indicated in the studied sample between EI and all the five measures of transformational leadership style and one measure of transactional leadership style - contingent reward; but EI failed to correlate with the laissez-faire leadership style. Social change implications of this study include using the study results to expand leadership development programs that leverage a full range of leadership skills and EI traits to address the new reality of law enforcement for the benefit of American communities and society.

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12

Hollenbaugh, Michael Steven. "Black Letter Law and The For-Profit College". Kent State University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=kent1447329970.

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13

Jörgensen, Fredrik. "The Law BusinessmanTM : Five Essays on Legal Self-efficacy and Business Risk". Doctoral thesis, Stockholms universitet, Företagsekonomiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-97625.

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The thesis challenges the notion of effectiveness of law as being based on the formal institutions of courts, law enforcement and written law. It argues that the best way to measure the effectiveness of law is the legal self-efficacy of laymen who are the end users of law. It presents a new perspective on the effectiveness of law. It turns the traditional perspective of studying the effects of legal institutions around and instead studies the effect of how individuals perceive their own ability to use law. This self-reflexive ability - legal self-efficacy - is the answer to the question “How comfortable are with communicating with legal terminology?”. The thesis makes several comparisons using the traditional perspective and legal self-efficacy and finds that legal self-efficacy is a better measure of legal effectiveness. This thesis analyzes 246 businesspeople in Russia and their risk behavior with regards to economic transactions in relation to legal self-efficacy. The theory behind legal self-efficacy is a combination of Luhmann’s theory of law as communication and Bandura’s concept of self-efficacy. The first paper applies the traditional approach. It analyzes the effect of legal efficiency on leverage and debt maturity for listed and non-listed companies. The second paper is describes the conceptual foundation of the legal effectiveness based on the individual. The third paper compares the effect of private order (including legal self-efficacy) and public order institutions on the granting of trade credit. The fourth paper analyzes the impact of legal self-efficacy and formal legal institutions on sanctions against clients in a comparative perspective. The final paper seeks out possible sources of legal self-efficacy. Legal self-efficacy can be used to better understand the interaction of individuals and law including such fields of research as behavioral accounting, behavioral law and finance, legal sociology and legal studies.

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14

Kapardis, Maria Krambia. "Enhancing the auditor's fraud detection ability: An interdisciplinary approach". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1230.

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A contemporary issue of concern to both external auditors and financial statement users is fraud-detection by auditors. The ability of auditors to detect material irregularities, including fraud, should be enhanced to enable them to apply "reasonable skill and care" in carrying out the audit. Such proficiency in fraud detection is needed if the profession is to avoid costly litigation, ever-increasing indemnity insurance and erosion of the profession's credibility. The thesis maintains that such enhancement can be achieved if auditors both utilise knowledge about the aetiology of fraud in psychology, sociology and criminology as well as by synthesising a broad range of approaches to fraud detection. The multidisciplinary discussion of the aetiology of fraud enabled the development of a three-component model. The model's three components are: rationalisations (R), opportunity (0) and a crime-prone motivated person (P), hence the acronym ROP. Next, a close examination of relevant auditing guidelines and a number of fraud detection models that have been proposed were used to develop an eclectic fraud detection model (with the ROP model as one of its components). The applicability of the ROP model was determined in a study of 50 major fraud cases investigated and prosecuted by the Major Fraud Group (MFG) of the Victoria police. The study identified a number of inter-relationships between offence, offender and victim characteristics. The findings obtained also confirmed the applicability of the model in the field and yielded a two-level criminal profile of serious fraud offenders which includes a new taxonomy of such offenders. The taxonomy consists of twelve specific typologies. In addition, the MFG study findings cast doubt (I) on Gottfredson and Hirschi's (1990) assertion in their General Theory of Crime that white-collar offenders are not significantly different from common offenders and (2) on a basic premise of Loebbecke et al.'s (1989) fraud risk-assessment model that all three components of their model need to be present for fraud to occur. The experience of auditors with detecting six different types of material irregularities, including management fraud, employ fraud and error, was investigated in a postal survey of 108 auditors. The findings provide support for the applicability of the eclectic fraud detection model. The survey also found that: it is rare for even experienced auditors to encounter material irregularities; that different types of irregularity (e.g., management fraud) occur more frequently in some industries (manufacturing and construction) than in others; the irregularity is likely to take one form (e.g., window dressing and misappropriation of funds) rather than another; and management review and tests of controls are more likely to alert an auditor to the existence of management fraud. In support of earlier research findings, data analysis revealed that the lack of an effective internal control system and the absence of a code of corporate conduct are statistically significant correlates of an irregularity having a material impact on the financial accounts of a company. In contrast to claims by Loebbecke et al. (1989), the survey findings show that fraud risk-assessment utilising red flags alone is not effective and the presence of only two (and not all three) of their model's components need to be present for management fraud to occur. Both the ROP model and the eclectic fraud detection model were further refined in the light of the findings from the two empirical studies. Without ignoring limitations of the two surveys, the work reported in the present thesis sheds new light on the aetiology of fraud, shows that neither audit experience nor red flags alone is sufficient to improve auditors' fraud detection performance and provide another dimension to fraud risk- assessment. The new knowledge should be added to the auditor's armoury to enhance the audit effectiveness and efficiency and to reduce the fraud detection component of the expectation gap.

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15

Ahmad, Zaluki Nurwati Ashikkin. "The performance of Malaysian initial public offerings and earnings management". Thesis, University of Stirling, 2005. http://hdl.handle.net/1893/857.

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An initial public offering (IPO) of equity provides a significant source of finance for Malaysian companies. Due to the existence of inequalities of wealth within Malaysian society as a result of its colonial heritage, the government has used IPOs to redistribute wealth among ethnic groups with the main objective being to increase the involvement of the Bumiputera (local indigenous people) in the corporate sector. This thesis consists of three inter-related studies on Malaysian IPOs that were listed on the Bursa Malaysia (formerly known as the Kuala Lumpur Stock Exchange) during the period 1990 to 2000. In particular, this study investigates post-IPO performance using alternative performance approaches (market-based and accounting-based) and the earnings management explanation for observed performance. The results from the first study indicate that Malaysian IPOs significantly overperform their benchmarks when performance is measured using both equally-weighted cumulative abnormal returns (CARs) and buy-and-hold abnormal returns (BHARs), except when matched companies are used as the benchmark. However, this significant overperformance disappears when returns are calculated on a value-weighted basis and also when Fama-French (1993) three-factor regressions are employed. Cross-sectional analysis reveals differential performance related to year of listing, issue proceeds and initial returns. The results from the second study using accounting-based measures provide strong evidence of declining operating performance in the IPO year and up to three years following an IPO. The year-to-year analysis reveals that the declining performance is greatest in the year immediately following the IPO. The deterioration in performance is more pronounced when accrual-based operating performance measures are used. The difference in the results using accrual-based and cash flow-based approaches suggests the existence of earnings manipulation by the IPO manager. The investigation of the possible sources of operating performance changes suggests that post-IPO declines in asset turnover parially explain the poorer operating performance. Univariate analysis of the association between family relationships, retained ownership and post-IPO operating performance produces little evidence to explain the deterioration in operating performance. However, underpricing partially explains the deterioration when the cash flow-based performance measure is used. The results from the third study reveal that Malaysian IPO companies employ income-increasing strategies around offerings, and that these strategies were more prevalent during the East Asian crisis period, especially for those companies that provided a profit guarantee. Analysis of the assöciation between the magnitude of earnings management in the IPO year and post-IPO performance provides some evidence to support the view that aggressive earnings management at the time of an IPO subsequently leads to poor stock market and operating performance. Overall, the evidence in this thesis supports the consensus that has emerged from the international debate on studies involving long horizon returns, which suggests that the magnitude of long run performance depends on the method employed to measure performance. The evidence derived from the accounting-based measure of operating performance supports the existing international evidence that operating performance declines following IPOs. The results also provide a degree of support for the earnings management explanation of post-IPO performance. These findings have implications for investors, security analysts, companies and accounting standard setters.

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16

Jennings, Jesse. "An Analysis of Corporate Structures Available for Social Enterprise: “To B or Not to B?”". Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2166.

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There exist major disparities in issues concerning health, education, the environment, and other problems that affect overall well-being. Currently, government and nonprofit institutions do not sufficiently mitigate these problems. This thesis examines traditional corporate structures that uphold the profit-maximization dilemma and analyzes emerging corporate structures that encourage greater social enterprise. The alternative corporate structures provide greater flexibility for mission-driven companies. Such structures encourage─and legally require─increased awareness and investment in social and environmental enterprise. Executives must decide, to what extent, they will utilize the power and influence of business to do good works.

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17

Horgan, Maya D. "Social Entrepreneurship: The Ideal Business for Humanity and the Economy". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/pomona_theses/79.

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This essay argues that social entrepreneurship is the most efficient means to generate lasting social change and permanently reduce poverty. Using the support of scholarly research, interviews with experts in the field, and my own qualitative observations, I conclude that traditional aid models that are economically dependent on outside funding, as well as those that simply provide monetary and product contributions in order to sustain the poor or marginalized communities they serve are inherently structured in a way that prevents them from resolving social ills. Despite the influx of aid organizations over past decades, chronic poverty and other serious social problems persist, and have not been significantly impacted on a global scale. Traditional aid models merely treat the fundamental issues that perpetuate global poverty. Ironically, these methods of aid actually sustain the inherent problems. Social entrepreneurship is one of the only models that has successfully initiated wide scale social development through promoting the economic independence and self-sustainability of the communities influenced by their initiatives. It has proven to incorporate the necessary tactics that, if implemented internationally and on a wide scale, has the potential to permanently and significantly impact global poverty.

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18

Wu, Si Chen. "Research on legal issues of VIE model". Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525479.

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19

Tsahuridu, Eva Evdokia. "Moral autonomy in organisational decisions". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2003. https://ro.ecu.edu.au/theses/1289.

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The purpose of this study to investigate the morality of persons in organisations and especially the effect of organisations on the moral autonomy of persons. In addition to reviewing the literature of moral autonomy in philosophy, psychology, sociology and organisation studies and management, the thesis also examines the ontology of organisations, moral agency and the organisation as a context. Based on this knowledge, a model is developed that addresses the relations of the organisation to society and the person to the organisation in ethical decision making. From this model the thesis develops three moral decision making categories. These are: moral autonomy. Where persons are allowed to use their moral values, moral heteronomy, where the organisation provides such values and moral anomy, where there is a lack of moral deliberation and moral values. Four research propositions are developed from this model. The propositions are that people are more likely to make morally autonomous decisions in personal life dilemmas than in organisational life dilemmas. In organisational dilemmas it is proposed that the organisation will affect the morality of its members. In bureaucratic organisations, people are expected to make more anomous organisational decisions when faced with an easy and simple dilemma and more heteronomous decisions when faced with complex and difficult dilemmas. In clan organisations, people are expected to make more autonomous organisational decisions. In a market organisation, people are expected to make more anomous organisational decisions. An exploratory primary research project is undertaken to test the model and the propositions developed. People from three Australian organisations that approximate Ouchi's (1980) typology of bureaucracy, clan and market organisations participated in the research. Managers and supervisors from each organisation were asked to assess the ethical climate of their organisation using Victor and Cullen's (1987, 1988) Ethical Climate Questionnaire. They also responded to Forsyth's (1980) Ethics Position Questionnaire and resolved and justified their resolutions six organisational and six personal ethical dilemmas. These dilemmas had been assessed by two groups of MBA students for relevancy, complexity and difficulty. The analysis of the primary data reveals that the three organisations have different ethical climates. It also reveals that the respondents from the three organisations do not differ insofar as they share similarly idealistic end relativistic ethical ideologies. They do however differ in the reasoning they use to resolve organisational and in some cases personal ethical dilemmas. People In organisation Alpha, the bureaucratic organisation, are more likely to make heteronomous decisions. People from organisation Beta, the clan organisation, are more likely to make autonomous moral decisions, and people from organisation Gamma, the market organisation, are more likely to make anomous moral decisions. These findings support the research propositions developed. More importantly, some people in organisations Alpha and Gamma did not perceive some organisational dilemmas as ethical issues but only as business issues that are void of ethics. In addition, people from organisation Alpha in particular were more likely to try to avoid making a decision and suggest that someone else in the organisation should make the decision not the person facing the dilemma. The findings suggest that organisations that rely on rules and regulations are more likely to remove the responsibility from ethical decision-making, and lead to avoidance of such decisions. The implications of these findings are discussed and opportunities for further research are identified.

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20

Nemetz, Annette M. "A Global Investigation of Stakeholder and Contextual Influences on Firm Engagement in Sustainability". PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/1630.

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Global sustainability issues cross all sectors of society, including businesses, governments, and communities and come with substantial costs. Business organizations are increasingly expected to address sustainability issues in a responsible manner and to disclose socially responsible behaviors accurately and transparently, showing that they are effective at managing and being proactive about sustainability challenges. In light of these pressures and expectations for business organizations, the fundamental research question for this study was whether variation existed in the levels of engagement in sustainability efforts across firms globally, and, more importantly, why such variation existed. The level of strategic firm engagement in sustainability was proposed to be influenced by stakeholders and other factors that had relevance to sustainability. Three types of stakeholders with the potential power and legitimacy for influencing strategic decisions regarding firm engagement in sustainability were investigated - executive management, community and government. Multiple firm-related and country-related contextual factors were also investigated as influencers. The study was global in nature, consisting of four hundred companies in twenty-five countries. Stakeholder theory, as the foundation of the investigation, was supported by the results of the study. Executive management, community, and government as stakeholders were found to have significant influence on the level of firm engagement in sustainability. Firm size, country economy, country technological readiness, country fossil fuel dependence, and industry sector were also found to have significant influence on the level of firm engagement in sustainability and approximately 26% of the variation in firm sustainability engagement was accounted for by the combined influence of executive management, government and community as stakeholder influences and firm size and country technological readiness as contextual factors. Specific findings showed that there were higher levels of firm engagement in sustainability when executive management provided explicit support for sustainability as a strategic issue, in communities with positive supportive norms for sustainability and a higher propensity for citizen-based political action and when there was an optimal level of government regulation and formalized institutional power. Other factors that led to higher levels of firm engagement in sustainability were for firms in energy-related and automotive industry sectors, for larger firms based on revenue size, and for firms with headquarters located in countries with developed economies and higher technological readiness.

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21

Shane, Daniel. "The Modern Day Corporation: A Philosophical Analysis of How Corporations Behave and How They Should Behave". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/582.

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We seem to hold corporations to an impossible standard. We call for profit maximization, but at the same time want to place strict limits on the methods corporations may use to obtain them. In this thesis, I explore two popular theories of the corporation: stakeholder theory and shareholder theory. I examine the degree to which each theory explains the corporation as it exists today, as defined in the law and through its behavior, but also the theories‘ normative appeal. I conclude by positing what I find to be the best normative account of the corporation: a theory of how we should structure the corporation in the United States so it is the most morally-defensible.

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22

WANG, Ping. "宗法宗族思想觀念與中國私營企業管理". Digital Commons @ Lingnan University, 2002. https://commons.ln.edu.hk/otd/9.

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23

Parker, Harry. "Veterans First Contracting Program Preference Hierarchy: Effect on Veteran-Owned Small Business". ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2750.

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U.S. Department of Veterans Affairs (DVA) leaders created a Veterans First Contracting Program (VFCP) under Public Law 109-461 to provide procurement opportunities for veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs). However, DVA leaders established a preference hierarchy that increased opportunities for SDVOSBs and decreased opportunities for VOSBs. Research was lacking regarding the effects of the preference policy on VOSBs as a distinct small business category. The purpose of this phenomenological study was to explore and understand the experiences of 20 VOSB owners actively enrolled in the VFCP from Maryland, Virginia, and District of Columbia. Through the lens of distributive justice theory, this study examined the perceptions of VOSB owners about seeking access to VFCP procurement opportunities. These perceptions were examined within a framework of fairness. Qualitative data was collected through semistructured interviews resulting in coding and thematic analysis according to Moustakas modified van Kaam method. Findings uncovered 3 major themes: (a) VOSBs perceived a benefit to VFCP enrollment, (b) preference afforded SDVOSBs affects VOSBs motivation and VFCP competition structure (c) VOSBs perceived an unfair opportunity distribution between SDVOSBs and VOSBs. The study informs government leaders of the need to improve VOSB standing as a small business group. Implications for positive social change may be realized with a policy adjustment designed to strengthen VOSB access to federal procurement opportunities because increased competition has the potential to promote DVA cost savings.

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24

Chua, Franceen T. "A Global Perspective on Corporate Governance". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/785.

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As globalization increases at a fast pace, more and more companies are diversifying their presence in foreign capital markets to gain access to capital. Today, strong corporate governance is an important element to a company’s long-term success. The Sarbanes-Oxley Act, Cadbury Report and King Report from the US, UK and South Africa provide recommendations for good corporate governance. Corporate governance practices and guidelines vary greatly from country to country because of differences in economic, culture, and other factors. This study examines ten companies across different regions around the world analyzing each company’s board structure, committee structure and code of ethics. Results show that the prevalence of concentrated ownerships through family and group dynamics in Asian and Latin American companies convey the need for more independent directors in the board and committees to protect the interests of minority shareholders. European companies are leading the way in incorporating sustainability as part of corporate governance. As the world becomes more interdependent, successful corporate governance requires companies to adopt an inclusive approach to economic, social and environmental issues. Internalizing these issues as part of business strategy are essential for companies to be profitable, sustainable and respected in the future.

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25

Alcântara, Júlio Afonso Rita Vaz. "Políticas Públicas de apoio ao investimento – O caso de São Tomé e Príncipe (2008-2016)". Master's thesis, Instituto Superior de Ciências Sociais e Políticas, 2019. http://hdl.handle.net/10400.5/17473.

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Dissertação de Mestrado em Gestão e Políticas Públicas
Políticas Públicas de Apoio ao Investimento – o caso de São Tomé e Príncipe (2008-2016) é tema desta dissertação onde se procura identificar as principais políticas adotadas em STP para a melhoria do ambiente de negócio e atração de investimento. Para uma maior compreensão do objecto do estudo, tecem considerações sobre conceitos de políticas e investimentos, do ponto de vista do legislador são-tomense, bem como a metodologia utilizada na dissertação, o estudo de caso. Empregou-se a metodologia do estudo do caso, uma vez que ajudou o autor a entender melhor o objecto do estudo, tendo permitido fazer triangulação das fontes de informação ou dados. Caraterizou-se os investimentos segundo os regimes em vigor em STP, identificou-se algumas políticas facilitadoras do investimento e viu-se o que tem sido o investimento direto estrangeiro no período em 2008-2016. Tem-se em consideração a necessidade de adoção de um modelo económico com o intuito de ajudar a melhorar o desequilíbrio económico e financeiro que se verifica no país. No entanto, antes, mostra-se a evolução do ambiente de negócio, através da análise do índice do doing business do Grupo Banco Mundial, bem como algumas das politicas adotadas pelo governo são-tomense
Public Investment Support Policies - the Case of São Tomé and Príncipe (2008-2016) is the theme of this dissertation, which seeks to identify the main policies adopted in STP to improve the business environment and attract investment. For a better understanding of the subject considerations on policy and investment concepts are considered, from the point of view of the São Tome lawmaker, as well as the methodology used in the dissertation, the case study. The methodology of the study of the case was used, since it helped the author to better understand the object of the study, allowing to triangulate the sources of information or data. Investments were characterized accordingly the current STP regimes, some investment facilitation policies were identified and foreign direct investment in the period 2008-2016 was studied. It was considered the need to adopt an economic model with the aim of helping to improve the economic and financial imbalance that is taking place in the country. However the evolution of the business environment is shown through the analysis of the Bank Group's business doing index, as well as some of the policies adopted by the São Tomes government.
N/A

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26

Malmlund, Alexander. "The Financial Incentives to Adopting Corporate Social Responsibility and Socially Responsible Investing Practices". Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2103.

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As corporate social responsibility and socially responsible investing practices have increased substantially over the past decade, the possible financial advantages have been examined in great depth. Utilizing firms from the S&P 500 I have investigated the possible outperformance of accounting based and market based measures. I did this by examining the relationship between ESG scores, a common measure of CSR level, and the following dependent variables: return on assets, total risk, systematic risk, and idiosyncratic risk. I obtained strong evidence that an increase in CSR levels are correlated with an increased return on assets.

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27

Tay, Vanessa. "Comparing Western Australia and South Australia public high school’s cyberbullying policies – is there a need for a legislative change". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2023. https://ro.ecu.edu.au/theses/2647.

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The internet provides some of the most effective means of communication. Cyberbullying occurs when the internet is used to bully another person. Along with the positive aspects of the internet, cyberbullying is certainly one of the most negative aspects, especially with regard to school students. Victims of cyberbullying may be able to obtain legal sanctions, however, this usually occurs after the harm is done. In Australia, some states such as South Australia have recognised the need for preventive strategies by requiring schools to have an anti-bullying plan in place. Other countries, like Ontario, Canada have implemented similar preventative strategies in their legislation. One way to reduce cyberbullying in schools is to create an anti-bullying culture within the school. The implementation of a cyberbullying policy that promotes a positive school culture, prevention and intervention strategies, support systems, clear definitions and reporting procedures, aid in creating this culture. An effective school cyberbullying policy will aid in the promotion of an anti-bullying school culture and thus lead to a reduction in bullying and cyberbullying behaviours. This thesis argues that Western Australia should follow South Australia and Ontario in implementing legislation to require high schools to have a cyberbullying policy. This argument will be tested by answering two research questions: First, whether the cyberbullying policy is more prevalent, robust and openly displayed in South Australian public high schools compared with Western Australian public high schools; and second, what lessons can be drawn from legislation pertaining to cyberbullying in schools in Ontario and South Australia. The research finding suggests that Western Australian public high schools do not have and do not openly promote policies pertaining to cyberbullying, whereas South Australian public high schools do. The research found that 88% of South Australian public high schools openly display their bullying policy, in comparison to only 51% of Western Australian public high schools. South Australia also has a state-wide bullying prevention program and legislation regarding the implementation of policies regarding bullying and harassment in schools. Legislation from Ontario provides a different perspective regarding the implementation of bullying and cyberbullying policies in schools. Ontario’s Education Act is more extensive than the legislation in South Australia with regards to cyberbullying in schools, as it includes definitions of bullying and cyberbullying, the rights and responsibilities of teachers, principals, and the school board to prevent and address bullying in schools, as well as encouraging a positive and inclusive school experience, and promoting strong and respectful relationships within the school and the community. Given that the existence of a cyberbullying policy in high school is an important tool in preventing and dealing efficiently with cyberbullying, these findings support the thesis argument that there is a need for similar legislation like the Education Act in Ontario, to be implemented in Western Australia.

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28

Choden, Deki. "Employees’ perception of corporate social responsibility, ethical leadership, scepticism toward CSR and meaningfulness at work: An empirical study of companies in Bhutan". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2024. https://ro.ecu.edu.au/theses/2770.

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This research investigated how and when ethical leaders drive employees to experience meaningfulness at work by influencing the employees’ perception of Corporate Social Responsibility (CSR). The study also examined if the employees' scepticism towards CSR in evaluating the CSR initiatives of the company moderates the above relationship. Using the social learning theory, selfconcept theory, social identity theory, and attribution theory this study posited that ethical leadership leads to more positive perceptions of CSR, consequently leading to employees experiencing an increased sense of meaningfulness at work. The study was conducted in Bhutan featuring a unique CSR environment. Bhutan represents an under-explored context of a developing country where CSR is legally required and still in its early stages of implementation. CSR as a compliance requirement ensures the active participation of companies in the country’s social and environmental initiatives thereby contributing to the country’s development philosophy of Gross National Happiness. The research is guided by the postpositivist worldview and used a quantitative and cross-sectional survey design. The predominant data for this study was the quantitative data which was collected through a survey questionnaire. In addition, this study also collected qualitative data through semistructured interviews. The interview data were used to triangulate the quantitative findings to add value to the quantitative data and give a deeper understanding of the findings of the study. Data were obtained from 804 randomly selected employees from 15 companies to conduct the empirical study and test the proposed research model. The interview data were collected from 7 companies and 1 regulatory agency of the Government. The study conducted a total of 52 semi-structured interviews. The quantitative analysis was conducted in two segments. The basic descriptive analysis was conducted in SPSS and the Partial Least Squares Structural Equation Modelling (PLS-SEM) technique was conducted using SmartPLS version 4 to test the proposed research model. The findings of this study supported the proposed hypothesised moderated mediation model indicating that employees’ scepticism towards CSR as a personality trait (dispositional scepticism) and situational scepticism towards ulterior motives weakens the positive impact of ethical leadership on employees’ perception of CSR, and consequently their sense of meaningfulness at work. In Bhutan, the concept of CSR is still at a nascent stage and currently facing a lot of irregularities both in policy and implementation. However, in general, the employees are supportive and encouraging of the concept of CSR. It was also learned that both the regulators and companies intend to continue the existing initiatives along with improvising the current policy and process. One of the most important implications of this study is by presenting CSR as a source of meaningfulness at work. It reveals how the CSR practice of the company represents core organisational values and the genuine concern of the company for the betterment of society. The study provides several theoretical insights for researchers and practitioners to improve the company’s CSR and develop efficient, relevant, and practical implementation plans in companies in Bhutan. The study integrates these constructs in a unique relationship that has not been examined before, broadening the comprehension of CSR manifestation within a context beyond developed countries.

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29

Campbell, Carolyn M. "Corporate Sustainability and the Recession: Firms' Strategy Response in a Financial Crisis". Scholarship @ Claremont, 2010. http://scholarship.claremont.edu/cmc_theses/17.

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As the modern world deals with an increasing number of environmental and social crises, corporate sustainability is becoming ever more imperative for business. There is broad agreement that profit maximization can no longer be the exclusive goal of a company, with firms working to align environmental, social, and financial performance. Companies have demonstrated a wide variety of experiences in regards to the financial crisis and its effects on corporate sustainability. While some firms experienced serious setbacks in achieving environmental and social goals others firms claimed to have been ramping up sustainability efforts during the recession. However, most firms report that their corporate sustainability strategies have not been significantly affected by the recession.

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30

Beer, Gabrielle Jamie. "Auditing the Auditors: The Role of Accounting Firms in the 2008 Financial Crisis". Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/516.

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Until recently, the role of auditors in the 2008 financial crisis had largely been overlooked by regulators and the general public. Though not responsible for the meltdown, accounting firms have been criticized – and sued – for failing to warn investors about problems at financial institutions before the crisis. Auditors can and should take steps to improve their function as independent overseers in the financial world. But there also is a gap between the expectations of auditors and their true responsibilities. As Lord Justice Lopes at the Court of Appeal in England famously said more than a century ago: The auditor “is a watchdog but not a bloodhound.” This thesis examines the so-called expectations gap and recommends ways to improve the audit quality of financial institutions.

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31

LIU, Mingzhi. "The ethical decision-making processes of professional auditors in the people's republic of China". Digital Commons @ Lingnan University, 2006. https://commons.ln.edu.hk/acct_etd/9.

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This study examines the effects of organizational ethical culture, idealism, relativism and guanxi orientation on the ethical decision-making processes of professional auditors in the People’s Republic of China (PRC). It is hypothesized that auditors perceiving a positive organizational ethical culture, possessing higher (lower) degrees of idealism (relativism), and possessing lower degrees of guanxi orientation will make more ethical decisions. The findings of the study indicate that certain aspects of organizational ethical culture had a significant effect on professional auditors’ behavioural intentions, but not on their ethical judgments. Idealism had a marginally significant impact on professional auditors’ behavioral intentions, but not on their ethical judgments. Relativism did not have a significant impact on ethical judgments or behavioral intentions. Guanxi orientation had a significant effect on professional auditors’ behavioural intentions, but not on their ethical judgments. This study also explores the potential effects of demographics on PRC professional auditors’ ethical decision-making processes and the results suggest that CPA firm type (local/regional vs. international) had a significant effect on professional auditors’ behavioural intentions. The overall findings suggest that organizational ethical culture, idealism, guanxi orientation, and CPA firm type play a significant role in PRC professional auditors’ ethical decision-making processes.

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32

Eltamami, Ahmed H. "The Effect of Increased Regulation on Option Use Within the Information Technology Industry". Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1276.

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Exorbitant executive compensation packages have drawn large criticism from the public eye and with the recent financial crisis and the previous tech bubble opinion on executive incentives has forced government institutions to respond. Over the past two decades the SEC and FASB have aimed to respond to the public and with three large regulation changes in the 2000s, pay for performance compensation has gone through many changes. In this study I build on previous work in an attempt to answer whether or not executives within the Information Technology industry have seen a larger decline in option compensation when compared to executives outside of the industry. Previous studies have indicated that option use has been consistently higher in the IT industry and in addition another study has showed that option use across all companies has decreased dramatically due to regulation changes. In this study I find that option use has dramatically decreased over the past decade due to regulation and that option use in the IT industry has remained consistently higher than others. I find that there is little significant evidence suggesting regulation changes have affected the IT industry at a larger rate than others. I would argue that the industry is less sensitive to regulation changes regarding option use but I do find significant evidence that the industry has seen larger decreases in option use in 2013 when compared to other industries.

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33

Eyeghe, Minko Sébastien. "Recherche sur l'amélioration des délais de paiement dans la commande publique". Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0100.

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L'exécution des dépenses publiques est strictement encadrée. Tout en respectant ce cadre, des réformes ont été conduites au fil du temps en matière de commande publique afin d'apporter des réponses aux difficultés que peuvent parfois rencontrer les cocontractants de l'Administration en phase d'exécution (réduction progressive du délai réglementaire de paiement, droit aux intérêts moratoires en cas de retards, législation des avances et des acomptes etc.). Les études récentes semblent toutefois souligner les limites de ces évolutions, en particulier lorsque le cocontractant est une petite ou moyenne entreprise. Si bien que cette thèse propose une transformation de l'exécution des dépenses publiques dans le champ de la commande publique
The execution of public expenditure is strictly regulated. While respecting this framework, reforms have been carried out over time in terms of public procurement in order to provide responses to the difficulties that co-contractors of the Administration may sometimes encounter during the execution phase (progressive reduction of the regulatory deadline for payment, right to default interest in the event of delays, legislation on advances and deposits, etc.). However, recent studies seem to highlight the limits of these developments, in particular when the co-contractor is a small or medium-sized company. So much so that this thesis proposes a transformation of the execution of public expenditure in the field of public procurement

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34

Segal, Andy. "The High Cost and Value of Patents: Finding the Appropriate Balance Between the Rights of the Inventor and the Advancement of Society". Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/400.

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Property rights are the backbone of Western Civilization. Capitalism can only be successful if individuals feel secure about the ownership of their assets. Patents are the property rights granted to the inventor by the government. Without these rights, inventors will find it extremely difficult monetizing their contributions to society. Thus, in an effort to incentivize innovation and commit society to human progress, our Founding Fathers built our country on a strong set of intellectual property rights. At the same time, nothing impedes innovation like a monopoly and, in essence, all a patent amounts to is a monopoly, the right to exclude others from monetizing a specific innovation over an extended period of time. Hence, at the margin, patents increase the incentive to create new patentable knowledge, while simultaneously also stifling the dissemination of that knowledge. A good patent system strikes the right balance between innovation and a government-granted, anti-competitive monopoly. After a 20-year period of an unprecedentedly pro-patent environment in the United States, the value of patents has never been higher. Patents, as opposed to their intended use of incentivizing innovation, are now seen as a form of protection against litigation, and also a weapon to litigate patent infringements to extract license fees and royalty payments from companies who are supposedly in violation of these patents. The pendulum has swung, and patents are now stifling innovation to an extent not conceived of by our Founding Fathers. This thesis will explore the reasons for the extreme increase in the value of patents over the years and will attempt to propose a plan of action to swing the pendulum back where our Founding Fathers originally intended it to be.

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35

Walker, Nina A. "Will Dodd-Frank and Basel III Prevent Another Recession? Curbing Leverage and Promoting Effective Risk Management Beyond Capital Requirements". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/555.

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Dodd-Frank represents a federal intervention in corporate governance, which had previously been an issue for the states.The most prominent state in this respect is Delaware because of its favorable treatment of corporate interests.Although Delaware’s regulations are too lenient to encourage responsible risk management practices, the federal law is normally driven by populist outrage and anti-corporate sentiments that impair lawmakers’ abilities to write rational, efficient reforms.The climate of political pressure does not foster a thoughtful review of the best ways to affect risk management practices. This paper thus explores the role of leverage in the financial crisis, the shortcomings of Dodd-Frank’s capital requirements, the ways in which reform could have encouraged more responsible leverage positions, and the nature of federal corporate governance regulation.

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36

Smith, Sean Robert. "An Empirical Analysis of Differences in Environmental Transparency Across Firms". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/677.

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In recent years, many firms have voluntarily taken actions to gradually increase the transparency of their corporate social responsibility (CSR) efforts. Using data on a sample of U.S. firms, this paper empirically examines the factors that encourage firms to choose different levels of CSR transparency. This adds to the previous literature that has focused only on the binary decision to engage or not to engage in CSR, as opposed to the extent and comprehensiveness of voluntary CSR reporting. Environmental transparency data are collected from the Roberts Environmental Center (REC) at Claremont McKenna College, while data for firm characteristics and toxic releases are collected from Standard & Poor’s Compustat North American and the Environmental Protection Agency (EPA). Robust regression analysis of environmental transparency shows that consumer, investor, and community stakeholders significantly increase the level of environmental transparency. In addition, environmental transparency is higher among firms that compete internationally relative to those with only a domestic presence.

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37

Khaitan, Shrivats. "Hostile Takeovers and Corporate Governance in India". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/742.

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The ability of outsiders to gain controlling interest in a firm has a large impact on managerial behavior. This threat has not been wielded in Indian corporations for the most part in spite of there being no direct regulatory hurdles in the execution of the same. This paper seeks to determine the reasons behind the lack of hostile takeover bids in India, as well as analyze the effect on corporate governance. The scrutiny of the Indian corporate sphere leads us to believe that corporate governance is in the process of being codified, but there are numerous motivations already in place to incentivize good managerial behavior, other than the threat of hostile takeover bids.

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38

Shipley, Kyle L. "Ethics in Accounting: Sustainability as a Predictor of Financial Statement Usefulness". Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/283.

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This paper examines the impact of ethics on financial statement usefulness in 120 publicly traded companies. Because ethics are difficult, if not impossible, to quantify, Corporate Social Responsibility ratings are used as a proxy. The potential implications of this study are vast, though the main idea is that investors would be able to make better financial decisions should the hypothesis come to fruition. Contrarily, investors will also be able to avoid potentially bad investments if they can ascertain certain companies that lack ethical values. In this paper, I will discuss several facets of corporate ethics such as creative accounting in addition to delving deeper into what it means for firms to be sustainable. Using data from the Roberts Environmental Center at Claremont McKenna College in conjunction with financial data from Wharton Research Data Services and panel data techniques, I find that only within the food and beverages industry is there a correlation between ethics and financial statement usefulness. This finding lends distinct support for the hypothesis and also begs the question of how corporate ethics vary between industries.

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39

Rowland, Andrew W. "What is Professionalism? The Validation of a Comprehensive Model of Professionalism". TopSCHOLAR®, 2016. http://digitalcommons.wku.edu/theses/1741.

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Professionalism is a term frequently used in organizations yet perceptions of what it means differ from person to person. Given its frequent use and its link to various job outcomes, such as organizational commitment (Bartol, 1979), there is a need to have a universal definition of professionalism. While there are existing models of professionalism these models are typically developed for a specific field or industry. Thus, there is also a need for a comprehensive model of professionalism that can be used across multiple fields and industries. This study worked to develop a model of professionalism that creates a comprehensive model that addresses both of these issues using eleven existing measures of professionalism as its foundation. Four dimensions of professionalism were identified via these models and defined using a combination of existing research and researcher expertise. These dimensions were divided into elements which were used as items in a measure to validate the new model. A five-factor model demonstrated the best fit and was found to have both convergent and discriminant validity.

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40

Mallchok, Parker. "Should I Stay or Should I Go? How Land Use Regulation Impacts Housing Choice". Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1474.

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Ideally, land use policies correct for negative externalities. However, the barriers they impose on individuals and communities have serious implications. Existing studies on this topic focus on singular, specific areas because land regulation is determined at the local level and varies extensively across the nation. Furthermore, current housing literature focuses on the “norm” of single family housing. This ignores the changing attitudes toward different types of dwellings. My study examines local regulatory environments across the nation by using Gyourko et al. 2008’s Wharton Residential Land Use Regulation Index, which develops a comparative scale for the otherwise impossibly varied regulatory environments. I also use micro data from the American Community Survey to see individual housing choices. Then, with a custom-made dataset from these two sources, I use empirical regression analysis to study the effects of land use regulation on people’s housing decisions, specifically the choice between a single-family house and a multi-family apartment complex. My results show that more restrictive regulation makes a person more likely to rent their home as well as occupy a multi-family apartment complex as opposed to a single-family home.

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41

Morris, Kendrick. "“Who is liable?” An examination of how legal liability may be assessed in an autonomous vehicle collision". Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1893.

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This thesis examines how legal liability may be assessed in the case of an autonomous vehicle collision. It begins with a comprehensive discussion of autonomous vehicles: their defining features, a history of their development, and their current technological challenges. This paper later discusses the benefits of autonomous vehicles and why a new legal framework for their commercial production is necessary to realize these benefits. In doing so, it analyzes recent legislative efforts surrounding autonomous vehicles and their implications. Lastly, it utilizes the current product liability regime and precedent set by previous semi-autonomous vehicle collisions to suggest how liability may be determined in future legal suits.

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42

Faltas, Iberkis. "Effect of Administrative Practices on Law Enforcement Officers' Emotional Intelligence Performance". ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5701.

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Between 2001 and 2017, the Civilian Complaint Review Board (CCRB) received 295,616 allegations of police misconduct involving New York Police Department (NYPD) officers' use of force, abuse of authority, discourtesy, and offensive language (FADO). The purpose of this study was to explore the influence of administrative disciplinary actions on officers' emotional intelligence and performance in relation to citizen complaints of police misconduct. The central research question addressed how administrative practices influence law enforcement officers' behavior in relation to emotional intelligence-based performance. The theoretical construct for this study is based on the emotional intelligence theories of Bar-On, Goleman, and Mayer, DiPaolo and Salovey which suggest that individuals, including police officers, are responsible for their emotional intelligence and conduct. A qualitative analysis of citizen allegations of police misconduct of the NYPD was conducted using documents from the CCRB and Office of the Inspector General for the NYPD. Each complaint was evaluated using a thematic-based analysis. The findings suggested that the NYPD's low disciplinary rate might have influenced FADO behavior, revealing patterns and practices of racial, ethnic, and social stereotyping, and a lack of compliance with department policies. Recommendations include officer and administrator training on emotional intelligence practices and restructuring department policy processes which can lead to positive social change by helping law enforcement agencies engender trust with their communities and eliminate patterns and practices related to social bias, profiling, and racial stereotyping.

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43

Carlson, Melanie A. "The Corporate Exploitation of Fundamental Rights: A Nation of Arbitration". Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1507.

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This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements. The paper then identifies the various negative potential consequences that exist as a result of the unfair nature of arbitration today. This thesis concludes by presenting various ways that the arbitration process can be improved upon to make for a fairer, more neutral dispute resolution alternative.

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44

Biart, Jérôme. "Les incompatibilités dans la fonction publique". Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCD024/document.

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Afin d’éviter toute activité, fonction ou situation privée incompatible avec l’emploi public, le droit de la fonction publique s’inscrit dans un régime strict des prohibitions. Notre étude consiste à identifier les contraintes normées, générales et impersonnelles, et celles qui sont d’inspirations communes mais traduites différemment grâce à l’apport de la composante déontologique, les « incompatibilités fonctionnelles ». Nous précisons aussi les nouvelles hypothèses d’un possible aménagement de l’emploi public avec d’autres activités et les nouvelles règles dans la manière de prendre ses distances avec son service (le pantouflage). Enfin, comme il n’y a pas de réglementation professionnelle sans contrôle de son respect et sans sanction de sa violation, nous étudions les dispositifs préventifs et répressifs
The incompatibilities of the civil service.In order to avoid that any activity, service or private situation constituting an incompatibility with the pubic employment, the law on civil service is based on a strict regime of prohibitions. Therefore, our study consists on identifying standard, general, impersonal constraints, as well as constraints which despite being of common inspirations, have a different reflection with the contribution of the ethical component called "the functional incompatibilities".Additionally, we will precise the new assumptions of a possible modulation of the public employment along with other activities, and the new rules that govern the way distance can be taken with once service (the revolving door).Finally, and since no professional regulation exist without the control of its application and the sanctions of its violation, we will study the relative legal package of prevention and repression

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45

Busacca, Madeleine. "Corporate Social Responsibility in South Africa's Mining Industry: Redressing the Legacy of Apartheid". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/632.

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Corporate Social Responsibility is particularly relevant in the mining industry globally given the industry’s extractive nature. In the mining industry, significant pressure comes from interest groups and nonprofit organizations that have a tendency to target mining companies for their alleged lack of consideration and accountability to the environment and in the communities in which they operate. A push for CSR in the mining industry is especially prevalent in South Africa where mining has dominated the country’s economy for so long. CSR can help rid South Africa’s mining industry of its long history of instability and conflict that characterized class and race relations in the country. While historically neither the profits nor the costs of the mining industry have been equitably distributed among stakeholders, CSR programs can be a powerful mechanism in restoring social justice in South Africa, as seen by the mining company Anglo American.

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46

Rodriguez, Katherine J. "Reforming the International Corporate Tax Code: A Transition to a Territorial Tax System". Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/955.

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This paper discusses why the United States is need of international corporate tax reform. It argues that instead of the worldwide tax system it currently uses, the United States needs to transition to a territorial tax system.

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47

Beck, Justin. "NAFTA's Impact on Mexico, the U.S., and Canada's Economies: A Look at Stock Returns". Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1364.

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The North American Free Trade Agreement continues to be a controversial topic, and with the impending implementation of the Trans-Pacific Partnership trade agreement, NAFTA has been a heavily discussed issue during the 2016 presidential campaign. Past research has critically assessed the extent to which NAFTA delivered on promises made by its lobbyists to improve economic welfare and stimulate growth in the North American markets, via trade and investment. These studies explain that NAFTA has helped to boost intra-regional trade and investment flows in North America, but has fallen short on any substantial improvements in welfare and deeper regional economic integration. However, researchers have found evidence for convergence among North American equity markets, and argue that this is generated by NAFTA. Using time series data from 1990 to 2007, this study builds on these conclusions to examine how NAFTA impacted equity markets in the North American region. I look at returns to each major stock index for Mexico, the U.S. and Canada, and find evidence that returns on these indexes improve in the post-NAFTA period for Mexico and the U.S., but not for Canada. Additionally, there is evidence to suggest that exports and FDI are the primary drivers for this improvement in stock returns.

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48

Sonett, Alexandra. "A Promise is a Promise: The Ethical Implications for CEO’s Acting Socially Responsible within a Corporation". Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1182.

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The prevalence of corporate social responsibility has been continually increasing over recent years. The debate of whether a business should act in a manner that furthers societal needs or if they should simply focus their efforts on maximizing shareholder value is of popular interest since it affects the fundamental structures of how a business will operate. One of the major influencing theories in favor of social responsibility is the stakeholder theory. The opposing viewpoint is the shareholder theory, which highlights that the sole responsibility for a corporation is to act in a way that maximizes profits. This thesis will outline the stakeholder and shareholder theories to gain a more comprehensive understanding of the debate and then offer a critical and philosophical analysis of shareholder theory to ultimately argue why the moral significance of a promise better promotes maximizing shareholder value.

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49

Nicelli, Patricia C. "Antecedents and reinforcements of luxury fairtrade purchasing and the Halo Effect of reporting fairtrade practices". Thesis, Nova Southeastern University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10239235.

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The purpose of this study was to investigate the antecedents and reinforcements of fairtrade purchase intention and to examine the effect of reporting good fairtrade practices on consumers’ punishment behavior. A stratified sample of 240 English-speaking, American, adult subjects was collected online.

First, the Behavioral Perspective Model (BPM) (Foxall, G., 2007) was modified and four manipulations varying luxury/commodity product type and open/closed purchase settings were presented. The results of paired-sample t-tests demonstrated closed purchase settings did not increase luxury purchase intention by itself. A split-plot ANOVA combining closed setting and the participant’s fairtrade learning history did not produce significant results, but post-hoc testing revealed a significant effect of positive learning history on purchase intention. Two separate, repeated-measures ANOVA found that utilitarian reinforcement was not affected by purchase setting, but informational reinforcement was significantly increased by the presence of others.

Second, four manipulations of good/bad press events were presented without/without the firm’s fairtrade performance history mentioned in a news article. A two-way, between-subjects ANOVA produced insignificant results for the effect of information on willingness to pay. Importantly, the type of event significantly affected willingness to pay, accounting for 18% of the variation, with positive events generating higher willingness to pay than negative, regardless of whether fairtrade performance information was included.

This study suggested firms would benefit from including cues for the social reward aspect of luxury fairtrade purchasing in marketing efforts and from preventing missteps rather than bragging about past practices. Future research suggestions included further analyzing the effect of information on punishment of bad corporate actors, investigating the credibility of self-declaration of fairtrade certification versus independent certification labels, and incorporating the effect of culture into the BPM.

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50

Reisfield, Meredith. "Enabling Successful Environmental Partnerships". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/688.

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This thesis discusses environmental partnerships, in which an NGO and corporation collaborate to address mutual goals. I begin by discussing the goals of environmental partnerships before reviewing a brief history of these partnerships, the current state of the partnerships landscape, and partnership trends across industries and within NGOs. Next, I examine the potential benefits and drawbacks to partnering for both public and private participants. Finally, strategies for corporations, NGOs, research institutes, academia, and government to enable the creation and maintenance of successful partnerships are proposed to address critical environmental issues in the absence of effective regulation.

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Tesis sobre el tema "Public business law"

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