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The research reported in this paper was motivated by the petitions submitted to the Election Petition Tribunals in Nigeria alleging multiple thumbprints of ballot papers in the elections held in 2007. Some of the Election Petition Tribunals exercised their discretion by granting the Petitioners the leave sought to inspect, scan and carry out forensics analysis of multiple thumbprints on ballot papers. The objective of the paper is to provide a legal framework for the truth, validity and admissibility in the court of law the process of scanning and forensic analysis of thumb prints on ballot papers in a developing country such as Nigeria. The method proposed to accomplish this objective has a number of phases. First, the features of thumbprint, certified procedure for thumb printing and certified quality check list for thumb printing are reviewed. Second, the practical issues of the certification and acceptability of the procedure for scanning and forensic analysis of thumb prints on ballot papers are proposed. Thirdly, the premises and conclusions of the logic of the admissibility, scientifically and in the court of law, of the results obtained from scanning and forensic analysis of thumb prints on ballot papers are also presented. [ABSTRACT FROM AUTHOR]

The United States is in the midst of the worst credit crisis in the last 25 years. On July 31, 2008, President Bush signed into law the Housing and Economic Recovery Act (HERA), a new law aimed at dealing with this crisis. The Act created a new regulatory agency, the Federal Housing Finance Agency (FHFA), and it authorized spending billions of dollars to back up our credit market. The purpose of this paper is first, to examine some of the causes of the credit crisis; and second, to propose regulatory solutions patterned after the Sarbanes-Oxley Act (SOX), which dealt with similar problems. The paper begins by examining how the lack of due diligence has contributed to the crisis, and how an agency patterned after the one created by SOX can address this problem. The paper then turns to the problem of conflict of interest. It shows how SOX's approach of enhancing the independence of securities analysts can be applied to firms that rate the safety of mortgage-backed securities. Finally, the paper shows how a SOX approach can reinforce the fiduciary duties owed by mortgage originators, and by firms that securitize and sell mortgagebacked securities. [ABSTRACT FROM AUTHOR]

This paper discusses the concept of the ethics of guanxi within the Chinese business environment, as well as some of the drawbacks of Chinese business relationships. Guanxi, in the Chinese culture, demands long-term relationships and giving gifts. However, there exists a differentiation between types of guanxi. This paper distinguishes between working guanxi and backdoor guanxi. While the Economic Reforms of 1978 introduced new business practices in China, there remains an imbedded culture based on Confucian values. In addition, the paper explains some of the differences between the American and Chinese culture perceptions, as it relates to business relationships and power distances among leadership. Hofstede's (1983) theory of power distances pinpoints the differences between Chinese and American business culture. The Sarbanes-Oxley Act of 2002, Corporate Social Responsibility, and other forces shape American business ethical culture. The Chinese business culture relies on relationships and often have no code of ethics. Furthermore, it is important to understand the entry modes into the Chinese business culture. This paper discusses entry modes and recommends the preferred entry mode as permanent. It is beneficial to American businesses in China to understand the very different culture. [ABSTRACT FROM AUTHOR]

An advantage often cited in the literature regarding internal hiring or promotion is that current employees are known commodities regarding their "fit" with the organization's culture and work environment (Krell, 2015). The easily acquired intimate knowledge of current employees creates a strong incentive to emphasize promoting from within when the need arises. As organizations grow and labor markets become tighter, the lack of available promotable employees may dictate that the employer look to external job markets to fill positions. Assessment as to whether an external candidate's personality will be a good fit for the organization is often described as a key factor that influences the effectiveness of those individuals and also one of the most difficult elements to assess in the selection process (Krell, 2015). In recent years, technological advances in the nature of selection systems has enabled employers to increase their use of online technology to screen job applicants' personalities as to their potential fit with an organization's culture and work environment, and this increased use has not gone unnoticed by US Equal Employment Opportunity Commission regulators (EEOC) (Lundquist, 2015). The purpose of this paper is to examine legal and policy issues for employers when utilizing technology to assess an applicant's personality as part of the employers screening of external applicants for employment and policy and practice suggestions for employers to facilitate compliance with EEOC guidelines. [ABSTRACT FROM AUTHOR]

Value-added taxes (VAT) as assessed in European Union (EU) member countries are governed by a series of directives that function as tax enforcement laws. This paper discusses the governing directive that governs VAT collections on international sales of digital products to customers inside the EU. The paper also contrasts the EU position with that of U.S. states on sales taxes, which are similar to VATs as consumption tax levies. [ABSTRACT FROM AUTHOR]

The Truth in Lending Act of 1968 (TILA) was a landmark piece of legislation that was designed to inform consumers about the true cost of credit. Prior to the TILA, lenders used many different methods to calculate the stated interest rate on a loan. The TILA required all lenders to state an annual percentage rate (APR) that was calculated on a consistent basis. This allowed consumers to compare rates, and to assess the cost of borrowing. Over the years, however, banks and other lenders sought and obtained numerous exceptions that allowed them to charge fees that were not included or disclosed in the APR. This practice has become so egregious that in a recent case, Pennsylvania Department of Banking v. NCAS of Delaware, a lender was able to legally claim an APR of 5.98%, while the actual cost of the loan was 368%. This paper reviews the history of the TILA and uses the NCAS of Delaware case to show how the TILA's purpose has been undermined. The paper concludes with a recommendation for reform that would restore the TILA to its former role as an effective consumer protection statute. [ABSTRACT FROM AUTHOR]

The Americans with Disabilties Act (ADA) is 25 years old. The act requires employers to make reasonable accommodations for disabled employees. The requirement for reasonable accommodations has remained the same and the law has not been changed significantly over the years. However the interpretation of the law, specifically what constitutes reasonable accommodations, has evolved. The requirements for small business were initially confusing and difficult to implement. Despite, or maybe because of, many lawsuits and state and local requirements, the requirements remain more muddled than ever. In this paper we will examine the relationship between small business and the ADA. We take a position that taking a proactive stance can give a small business a competitive advantage in two ways. It can open up a new labor pool and it can create a new customer base. The paper ends with some recommendations for practitioners and researchers. [ABSTRACT FROM AUTHOR]

Income inequality has increased over the last years between the richer and the poorer, but in many countries, government transfers and social programs play an important role in reducing income inequality. In this paper, we will study health care financing in Canada as a social transfer to fight inequities. Our progressive tax rate system makes that the rich pay for the poor. Canadian families with the lowest income will pay an average total tax bill of $2,148 (16%) and an average health care insurance of $523. On the other side of the spectrum, the 10 percent of Canadian families with an average income of $278,012 will pay an average total tax bill $152,869 (55%) and health care insurance of $37,239. In addition, the Government of Canada provides significant support to provincial and territorial governments with transfers that enables less prosperous provincial governments to provide their residents with public services to support social programs, thus reducing inequities and subsidizing social programs that some Canadians could not afford, thus reducing inequities. [ABSTRACT FROM AUTHOR]

This paper posits that sustainable management and accounting are in fact applied ethics. Some companies currently reporting on sustainability entitle their report as a "Good Citizenship Report." Good citizenship, safeguarding the environment, giving back to the community, promoting workforce health and safety, and 'doing the right thing' are all examples of ethical behavior. Sustainability reporting focuses on corporate accountability or stewardship. Accounting as a profession has often been characterized as the watchdog of business, ensuring reporting that is fairly presented, reflecting economic reality. Accountants and auditors are bound by their professional code of ethical conduct to protect the public interest. Accountants and auditors are ethical detectives holding businesses to ethical standards of honesty, neutrality, completeness and representational faithfulness. So grounded, accounting is the provider of one of the essential checks and balances on commerce. This paper explores a holistic definition of sustainability as viewed through the lens of contemporary ethical theory, stakeholder theory, and accountability theory. The role of accounting and auditing as related to sustainability measurement and reporting is also examined. Accounting is often considered as applied ethics. Accountants and auditors are the gatekeepers of business ethics. Contemporary ethical models are applied to the accounting profession and to sustainability. This paper posits that sustainability is applied ethics. This paper contributes to the definition of sustainability, and to the literature relative to the integration of sustainable imperatives within the business entity and how to account for sustainable performance. [ABSTRACT FROM AUTHOR]

In this paper, we will discuss California's recent experiment with medical marijuana. To that end, we will first discuss the history of marijuana use. Next we will discuss the history and current trend in federal marijuana regulation. We will then examine California's medical marijuana law. We will conclude with how other states have used California's attempt (and their mistakes) as a guide for policy. In 1996, California made a bold experiment, to legalize the sale and use of marijuana for medical reasons. To be blunt, it was a good idea which lacked the detail necessary to make it work in a society of fifty million people. In this paper, we will discuss California's recent experiment with medical marijuana. To that end, we will first discuss the history of marijuana use. Next we will discuss the history and current trend in federal marijuana regulation. We will then examine California's medical marijuana law. We will conclude with how other states have used California's attempt (and their mistakes) as a guide for policy. [ABSTRACT FROM AUTHOR]

Sustainability and ethics are two popular topics in organization and business studies, as well as in other social sciences. The meanings of sustainability and ethics, and related relevant decisions and implications vary greatly depending on the context and discipline. However there is an intuitive notion that sustainability and ethics are interdependent. Sustainability implies that the system, activity or resource is able to stay as it is or grow and develop without undesired changes or depletion. In this paper I will argue that any basis for ethical decision making must be one that has sustainability as one of its main explicit concerns or implicit outcomes. Using the 'tragedy of the commons' as an exemplar, I will examine several ethical philosophies, perspectives or frameworks, such as utilitarianism, rights and justice, and explore their relationship with the basic ideas of sustainability. The conclusion is that one ultimate purpose of business ethics is to 'protect the commons', in other words businesses must establish and maintain sustainable practices. The implications of such a stance, the difficulties in defining the relevant 'commons' and determining what needs to be sustained will be discussed. [ABSTRACT FROM AUTHOR]

Of the studies that have been done about ethical decision making in the international arena, most have looked at the issues from the lens of the large multinational corporation, not from the viewpoint of the entrepreneur. Little research attention has been focused on the intersection of three areas (entrepreneurs, ethics, and international), particularly when the analysis is of reasoning at the individual founder level and a nonbusiness comparison group. This paper studies 1) how entrepreneurs (founders) reason when faced with international ethical and cultural dilemmas; and 2) what differences exist in the reasoning patterns of entrepreneurs as compared to nonbusiness adults in the general population. Findings suggest that entrepreneurs reason about moral and social issues in essentially the same way as do comparison adults in the general population when considering general ethical (nonbusiness) dilemmas. The data suggest however that both participant groups shifted their priorities when dealing in the business context. The conceptual framework used in this study is social cognitive domain theory. [ABSTRACT FROM AUTHOR]

This paper examines the changing relationship between investors and people who advise them, be they brokers or other professional advisors. Specifically, we trace the degree to which the duties that the advisor owes to the client-investor have expanded to include fiduciary ones. Black's law dictionary defines fiduciary duty as: a duty of utmost good faith, trust, confidence, and candor owed by a fiduciary (such as a lawyer or corporate officer) to the beneficiary (such as a lawyer's client or a shareholder); a duty to act with the highest degree of honesty and loyalty toward another person and in the best interests of the other person (such as the duty that one partner owes to another). Historically in most jurisdictions, the relationship between a broker and an investor, without more extenuating circumstances, was not considered to be a fiduciary one. Rather, it was one of "suitability," that is the advisor should recommend or buy no investments that were inappropriate for the client's circumstances. However, due to headline business frauds, e.g. Bernie Madoff, investors have sought more protection. Should investors be able to hold brokers or others accountable for the risks in their investments? The Department of Labor recently issued a new rule under the Investor Protection Act of 2010 (now part of Dodd-Frank) that requires a stockbroker managing retirement accounts to act as a fiduciary and to serve the client's best interests. This paper looks at the protections that investors historically have had from violations of ordinary care and/or fiduciary duty in some circumstances and the effects of this new rule. [ABSTRACT FROM AUTHOR]

This paper discusses the impact of the conditions of employment of software employees, who are highly mobile. Their frequent mobility causes disruption of the commitment of the employer leading to structuring the stringent conditions to prevent mobility. The present task is how are the conditions are valid, legal and tenable on the touch stone of Constitutional philosophy and hardship. [ABSTRACT FROM AUTHOR]

This paper explores the role of government for establishing an appropriate legal, social, and ethical framework to enhance cybersecurity. Previous doctrines of cybersecurity are briefly analyzed, and the concept of cybersecurity as a public good is explored. To better understand public cybersecurity, the paper compares it with safety, another public good. Similar to public safety, cybersecurity requires that federal, state, and local government, organizations, and individuals implement good cybersecurity controls that result in to the protection of national security. The paper concludes with a set of examples that illustrate the role of government to enhance cybersecurity and to mitigate cyber insecurities. The global reach of information systems at both the organizational and individual level has raised concerns over security and has made organizations and individuals more vulnerable to security threats. Organizations must pay special attention to cybersecurity. For example, a recent study about software vendors indicated that organizations lose around 0.6 percent in stock price when vulnerability is reported, and the impact is more severe when the cybersecurity flaws are not addressed in advance. However, while most organizations consider cybersecurity management as critical to their operations, fewer than 25% of them have security measures as an integrated part of their operations. There is an even darker side of computer systems. They are used to program weapons of mass destruction, biologic and chemical weapons, military applications, and financial applications where trillions of dollars are transferred every day. If these applications fall into the wrong hands, they can have a devastating impact on organizations and the lives of individuals. Because of this dependence on information systems, cybersecurity concerns have grown in parallel with the development of computer technology itself. As a result, organizations and computer professionals have developed new technologies for improving cybersecurity. But technological solutions must be deployed carefully and best practices must protect them from being circumvented by attackers. In addition, cybersecurity policy should create incentives for system developers, operators, and users to act in ways that enhance rather than weaken cybersecurity. Preparing an appropriate legal environment to deal with enhanced cybersecurity and mitigate cyber insecurities requires, among other things, a comprehensive legal framework. At the federal level, the legal framework in cybercrime is currently provided by US Code & 1030 section 1030a), which includes seven actions considered to be federal offenses, as follows: access computer without authorization; access digital financial records; access a computer used by a federal agency; access a computer and benefit more than $5000 per year; create and use a computer program to do any of the above; cause physical or medical damage via a computer or computer program; and transmit a virus intending to benefit financially. This framework is supplemented by the copyright and child pornography laws. The above legal framework is not adequate. Cybercrime is a unique type of crime, a crime which involves the use of computers or computer expertise. Cyberspace and cybersecurity are always dependent on technology, and the fast pace of technology changes require fast changes in the cybersecurity legal framework. The rapid changes in computer technology make it a formidable task for the U.S. legal system to develop laws related to the security of technology. Another challenge toward creating a workable framework for cybersecurity is the "transnational nature" of cybercrime. International jurisdictional issues must be solved through international cooperation among law enforcement agencies. There is a compelling need for a cybersecurity doctrine. This paper explores the concept of cybersecurity as a public good. This examination will help to address important questions with regard to the role of government in enhancing cybersecurity. For example, should U.S. taxpayer money be used to enhance the security in cyberspace? Can government intervene and mandate private industries to set up or improve their cybersecurity? What authority gives Congress or the Executive branch the right to regulate this area? Finally, do private organizations have a responsibility to protect national security and comply with cybersecurity regulations and guidelines? [ABSTRACT FROM AUTHOR]

In fiscal year (FY) 2014, the United States (US) Occupational Safety and Health Administration (OSHA) accepted 3,060 whistleblower cases for investigation. This marked the first time in its history that the agency had surpassed 3,000 cases (Maurer, 2015). The OSHA Whistleblower Protection Program enforces 22 federal statutes protecting employees that report violations of a wide variety of federal laws. From workplace safety to securities laws, the depth and breadth of the programs reach takes in a wide swath of the American economic landscape. The purpose of this paper is to briefly examine the reach of OSHA's Whistleblower Protection Program, to examine where the agency's resources have been focused in recent years, and to identify policy and practice suggestions for employers to facilitate compliance. [ABSTRACT FROM AUTHOR]

On April 8, 2014, President Obama issued an Executive Order amending Executive Order 11246 of September 24, 1965 prohibiting federal contractors from retaliating against employees for disclosure of compensation information (Obama, 2014). Executive Order 11246 covers employees who work for service and supply contractors and construction companies covered by Office of Federal Contract Compliance Programs (OFCCP) regulations that apply to federal government contracts. The Executive Order was heralded by organizations like the National Women's Law Center as "an end to pay secrecy gag rules for employees of federal contractors" (Watson, 2014). It was characterized by others as "unnecessary" given long standing protection afforded to employees covered by the National Labor Relations Act (NLRA) (Smith, 2014). Pay secrecy has often been characterized as a "contentious" issue in many organizations and President Obama's recent executive order has rekindled the debate as to the utility of pay secrecy policies and rules in organizations. This paper examines recent legal, policy, and practice issues for employers covered by the National Labor Relations Act regarding the use of pay secrecy policies and, recommendations to reduce employer exposure to litigation. [ABSTRACT FROM AUTHOR]

In the wake of the recent sanctions levied against The Pennsylvania State University (Penn State) by the National Collegiate Athletic Association (NCAA), the NCAA's "Death Penalty" is again on the minds of all who follow intercollegiate athletics. In this paper, the authors explore the potential issues that may affect a school that has had a sport prohibited from some or all outside competition. The authors have reviewed available conference affiliation agreements; conference media rights agreements; team competition contracts; employment agreements; and other agreements as relevant. Additionally, the authors have experience working with many of the agreements and relationships listed. The purpose of this paper is to broadly examine the legal issues and practical business ramifications that would ensue should the NCAA mandate that a major sport program cease operation for a period of time. [ABSTRACT FROM AUTHOR]

This study examines various attitudes and preferences regarding human disabilities types and categories as seen from three different viewpoints. We examine the social distance literature researching attitudes of the general public about a list of disabilities. We compare and contrast this with similar research of attitudes about disabilities collected from health care professions rather than the general public. Finally, we compare both of these views with the actual claims filed in recent years under that Americans with Disabilities Act (ADA). A few conclusions can be drawn from the comparison. First, observable mental disabilities are least favored in terms of social distance preferences, rated as least prestigious, and are subject of few claims. Second, unobserved conditions such as diabetes and heart conditions are most favored, most prestigious, and a subject of more claims. Third, there is remarkable stability of attitudes over time toward different disabilities. Finally, we observe that the diversity of disabilities makes the very large group of individuals with disabilities hard to group into a single class politically or sociologically. This study examines various attitudes and preferences regarding human disabilities types and categories as seen from three different viewpoints. We examine the social distance literature researching attitudes about disabilities of the general public. We compare and contrast this with similar research of opinions about disabilities collected from health care professions. Finally, we compare both of these views with the actual claims under that Americans with Disabilities Act (ADA). Earlier, we and others, examined attitudes from the viewpoint of Tringo's (1970) Disability Social Distance Scale which yielded a distribution of preferences across of list of specified disabilities (Hatfield & Turner, 2001). Studies found that the categorization by the general public of a list of disabilities was relatively stable across over 30 years (Thomas, 2000). A recent article by Grue et al. (2015) refers to such earlier work, such as Tringo's and Hatfield's perhaps, as creating a "vulgar hierarchy..." with those diseases at the top seen to be "more a disease" than those at the bottom. Grue's recent research collected the attitudes of health care professionals about diseases and disabilities. Rather than collecting the attitudes of people in the general population, Grue's study elicits attitudes from those who have more informed views about diseases and disabilities included in his questionnaire. These informed respondents were asked to rank 38 diseases and disabilities individually on a scale from 1 to 9 based upon whether the conditions is "seen by professionals in the disability field" as "low prestige" or "high prestige" respectively. This methodology of using the positive term "prestige" is interesting since much of the traditional literature in the area of disability is more likely to use terms with negative connotations like "stigma" and "discrimination (against)". Data from the Institute on Employment and Disability at Cornell University provides insight into an understanding of disability types and the attitudes around them by examining the bases or types cited in ADA charges during recent periods (von Schrader & Erickson, 2017). The most recent data is 2012-2014. Comparisons across the three viewpoints - general public, healthcare professionals, and ADA (and ADA Amendments Act of 2008 - ADAAA) charges, show that "mental retardation" is near the bottom of all three rankings while diabetes is found near the top across the rankings. While it is clear that disability type or category is important, discrimination potential toward or against a person with a disability is complex. Our prior research found an interaction between disability type and situational expectations. For instance, when screening for a job where the person would be in public view, a person with a viewable disability would be discriminated against in terms of obtaining a hiring recommendation. However, where the job was not be in the public view, a viewable disability worked in favor of obtaining a positive hiring recommendation when judged against someone not presenting such a disability (Hui & Hatfield, 1992). Recently there has been a great deal of discussion about discrimination, lawful or not, toward or away from certain groups. Categorization as to race, religion, sexual preference, national origin, and legal status have been news and political talking points in recent months. However, there has been little national discussion about discrimination against persons with disabilities although it is arguably one of the largest "protected classes" under the laws in the U.S. Some estimated, around the passage of the ADA in 1990, that one in seven Americans are disabled under the broad terms of the act (and as restored in the ADAAA). One problem in gaining a better understanding attitudes about persons with disabilities is their different categorization. "Persons with disabilities" are sometimes seen as another uniform "protected class." In some ways, race, gender, and age can be seen as binary in categorization: you are a member of a minority (non-white) race or not, male or female, old or not, etc. However, research has found that people view disability types very differently. All three comparisons in this paper demonstrate such perceived differences. This has meant that it is more complicated to have a political movement to gain any additional understanding or exposure. One author has said that disability is an authentic identify obscured by an inauthentic but more socially acceptable identity (non-disabled) - a phrased also used by the LGBT movement. An article discussing this asks for more thought and research because "the relationship between disability and specific types of illness and impairments, nor the way in which people identify with or identify other as member of one or the other category is sufficiently understood" (Grue, 2016). [ABSTRACT FROM AUTHOR]

The recent recession in the US economy was triggered by a severe financial crisis that threatened a collapse of the American banking system. The banking industry has subsequently faced intense political and regulatory scrutiny, with one of the primary targets being executive compensation. As a result, limits were placed on executive compensation at banking institutions bailed out by the federal government under the 2008 Troubled Asset Relief Program (TARP). This paper reviews the contractual issues affecting the compensation of bank executives and analyzes the compensation policies of the largest banks receiving government bailout money under TARP. We report that CEO pay, particularly incentive compensation in the form of bonuses and stockbased compensation, decreased markedly following the bailout. Thus, it appears that compensation was reduced at most TARP recipient banks following the government bailout of the banking industry. [ABSTRACT FROM AUTHOR]

In the current paper we examine variations in ethics and compensation satisfaction differences between business people in Mexico and the USA. We find that the customer service constructs are quite different between Mexico and the USA. We also found large differences in the dominant compensation satisfaction levels between the two countries and cultures. We also found differences in terms of whether assessments are done in rural, suburbs, or urban areas - with larger variations within the countries than between the countries. [ABSTRACT FROM AUTHOR]

In this paper we examine the importance of ethics for small business management comparing results from Western Europe and North America. We find that in general ethical issues are acceptable in these two large areas however there are pockets of differences. [ABSTRACT FROM AUTHOR]

Frederic Bastiat (1801-1850) was an economist and journalist. A member of the French Liberal School, he is best known for his free trade ideas and his philosophy of law. Mark Blaug ranks him as one of the 100 greatest economists before Keynes. Schumpeter called him a brilliant economic journalist. Haney devoted a chapter of his History of Economic Thought to Bastiat. Although Bastiat is known for his work on free trade and the philosophy of law, he also wrote on other topics. To date, only one scholar has examined his views on ethics and that study discussed only two of Bastiat's essays and was less than five full pages. The purpose of this paper is to expand on that study. [ABSTRACT FROM AUTHOR]

Many American cities are facing budget shortfalls in 2010. The mayor and city council in Omaha, Nebraska addressed the shortfall by unilaterally requiring retirees to pay a portion of their health insurance premiums, despite labor contracts requiring the city to pay the entire premium. The contract clause in the United States Constitution prohibits states (and cities) from interfering with the obligation of contract; however, this prohibition is not absolute. This paper examines whether or not Omaha can legally require retirees to pay a portion of the premium. [ABSTRACT FROM AUTHOR]

With the election of a new president and a new majority in the legislative branch, employers subject to laws and regulations administered by the United States Department of Labor (DOL) should be preparing for a number of changes. In June of 2009, new U.S. Secretary of Labor Hilda Solis, addressing a National Policy Forum in Washington, D.C. stated that under her watch, "enforcement of our labor laws will be intensified" (Gurchiek, 2009). While vowing to not completely eliminate voluntary compliance programs initiated by her predecessor, the main focus of the DOL will turn from voluntary compliance programs to enforcement (Leonard, 2009). The purpose of this paper is to identify aspects of DOL's enforcement efforts that employers can expect to see in the near term and policy and practice suggestions to facilitate compliance. [ABSTRACT FROM AUTHOR]

Arbitration clauses in contractual arrangements are fairly standard today. By agreeing to arbitrate, the parties to an arbitration agreement waive their rights to seek redress of their claims in a court in favor of an arbitration tribunal. While litigation is criticized as being expensive and time-consuming, costs associated with arbitration are far from inconsequential. If the parties have waived their right to go to court, even in situations in which fees and costs may be awarded to the prevailing party, and if arbitration costs are cost-prohibitive, could there be a defense to the arbitration contract on grounds of unconcionability? This paper explores situations in which such an argument could be successful, and suggests ways to apportion costs that would make arbitration clauses less susceptible to such a challenge. [ABSTRACT FROM AUTHOR]

Australian regulators are currently facing the question as to whether aggrieved shareholders should rank equally with creditors in cases of insolvency involving illegal or misleading conduct. This question sits at the crossroads of insolvency and securities law and raises difficult questions concerning the efficiency, certainty, transparency and fairness of the treatment of such claims in insolvency situations. In Sons of Gwalia Ltd (admin apptd) v Margaretic [2007] HCA 1, the High Court chose not to apply a rule said to be germane to insolvency cases involving fraudulent or misleading conduct inducing share purchase known as the rule in Houldsworth's case, which has prevented shareholders ranking on par with unsecured creditors in such circumstances for over a century. This paper considers the case for parity ranking of shareholders in cases of insolvency involving misleading and fraudulent behaviour in the context of modern developed markets. [ABSTRACT FROM AUTHOR]

At the crossroads of insolvency and securities law lies the question as to whether defrauded shareholders should rank equally with unsecured creditors in cases involving fraudulent or misleading behaviour. Important questions arise at this juncture concerning the efficiency, certainty, transparency and fairness of the treatment of such claims in insolvency situations. In Sons of Gwalia Ltd (admin apptd) v Margaretic [2007] HCA 1, the High Court chose not to apply a rule said to be germane to insolvency cases involving fraudulent or misleading conduct inducing share purchase known as the rule in Houldsworth's case. The "rule" said to have been developed in Houldsworth v City of Glasgow Bank (1880) 5 App Cas 317 had up until the High Court's decision been used to interpret legislative provisions concerning shareholder claims, resulting in problematic determinations in the context of modern developed markets. This paper considers the case for the subordination of aggrieved shareholder claims centering on the reliance interest of creditors. [ABSTRACT FROM AUTHOR]

In May of 2007 in response to a perceived "potential for greater discrimination against working parents and others with caregiving responsibilities", the United States Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance addressing Unlawful Disparate Treatment of Workers with Caregiving Responsibilities (EEOC-A, 2007). On April 22, 2009, the EEOC issued additional guidance to employers, Employer Best Practices for Workers with Caregiving Responsibilities, offering "proactive measures that go beyond federal nondiscrimination requirements" (EEOC B, 2009). These guidelines are designed to reduce employers' exposure to litigation for "violations against caregivers, and to remove barriers to equal employment opportunity" (EEOC B, 2009). This paper examines the initial guidance provided by the EEOC with respect to individuals with caregiving responsibilities, the recent court cases involving the issue, and the best practices suggestions recently issued by the EEOC. [ABSTRACT FROM AUTHOR]

Complying with the Fair Labor Standards Act (FLSA) continues to be a challenge for employers. In Fiscal Year (FY) 2008, the U.S. Depart of Labor's Wage and Hour Division (WHD) recouped back wages totaling $185,287,827 for 228,645 workers. While this amount is down from the $220,613,703 recouped in FY 2007, it still represents a 40 percent increase over the FY 2001 amount. Since FY 2001, WHD has recouped more than $1.4 billion in back wages for over two million workers (DOL News Release, 2009). In addition to the back wages recouped by the federal government, employers in a variety of industries all across the United States have over the last ten years been staggered by large settlements awarded to employees in class action litigation estimated to be as high as $319 million in 2007 and even higher in 2008 (Seyfarth Shaw (2008). The purpose of this paper is to examine the nature of the challenges employers have faced in recent years with respect to FLSA compliance and what organizations can do to facilitate compliance with the FLSA. [ABSTRACT FROM AUTHOR]

Recent terms of the Supreme Court have produced a number of important decisions impacting decision making with respect to an organization's human resources. For example, in the 2007/2008 term, the Court issued important decisions involving age discrimination and retaliation. These decisions have been characterized as expanding an employer's burden of proof in responding to allegations and potentially increasing the cost to defend themselves in responding to allegations of discrimination (Smith, 2008-B & AHI's Employment Law Today, 2008). The purpose of this paper is to examine the Court's decisions in these two areas. [ABSTRACT FROM AUTHOR]

This paper was written from notes taken in 1977 and reports on the J.P. Stevens case up to that point. In 1963, the Textile Workers Union of America (TWUA) selected J.P. Stevens Corporation as its target company to begin union organizing drives. The union thought that if it could organize labor within the J.P. Stevens Corporation, which employs 45,000 workers in the Carolinas, the rest of the southern textile corporations would fall into place. By attacking and unionizing the south's largest industry (the textile industry), the TWUA believed that other southern industries would also yield to union resistance. Because the textile industry in general and the J.P. Stevens Company in particular are so diversified in their outputs, it has proved to be a difficult task for the union to organize. [ABSTRACT FROM AUTHOR]

What do the governors of forty five states, the European Economic Union, The World Trade Organization, and the United Nations have in common? They all want to tax the Internet. This paper discusses the jurisdictional basis for domestic taxation of the Internet and concludes with pending foreign proposals to tax Internet transactions. The question of foreign taxation of the Internet is a serious one because both an agency of the United Nations and a committee of the World Trade Organization have proposed taxing international E-commerce and E-mail to fund development activities in underdeveloped countries. [ABSTRACT FROM AUTHOR]

Starting a new business venture and still being in operation after 5 years can be a significant challenge. According to the U.S. Small Business Administration (SBA), half of all small businesses fail within the first five years and according to the U.S. Chamber of Commerce as many as 30% of small business failures can be attributed to crime. Today, small business owners are subject to assault by many different types of criminal activities ranging from shoplifting and vandalism, to fraud, embezzlement, money laundering and of course, cybercrime. Crimes committed against businesses fall into two broad categories internal and external. Internal crimes include crimes such as theft and embezzlement, while external crimes include activities such as robbery and cybercrime. Each category of crime has its own unique characteristics and each calls for a different approach to prevent and detect criminal activity, along with various remedies to criminal acts. Accountants can play a significant role in these activities including development of comprehensive audits, utilizing specialized computer software, and vigilance in looking for suspicious activity by employees, customers, suppliers and others. In this paper, the authors provide an introduction to business criminal activity and a variety of counter-measures businesses can employ to safeguard their profits. [ABSTRACT FROM AUTHOR]

The first drug manufacturer approved for a generic version of a branded drug has statutory exclusivity to market that generic drug for 180 days. The purpose of the exclusivity period is to make cheaper drugs available to the consumer. However, the Food and Drug Administration (FDA) has a policy requiring the generic drug manufacturer to sue the branded drug manufacturer to retain that market exclusivity when the branded drug patent holder has the patent(s) removed from the FDA's "Approved Drug Products with Therapeutic Equivalence Evaluations," also known as the Orange book. This paper discusses the effects of delisting a drug patent, and whether the FDA's policy is a valid one or contrary to the intent of statutory language. [ABSTRACT FROM AUTHOR]

Almost every day we see reports of cybercrimes, whether involving hacking into a company's data system and stealing millions of customer accounts or exposing yet another identity theft scheme. In 2013, there were 13.1 million victims of identity theft in the United States losing more than $18 billion, which was actually a decrease of $3 billion from the previous year (Javelin Strategy & Research, 2014)! Large and small businesses, as well as individuals can be attacked and those attacks are not always by the typical hackers. Lately, we have been besieged by ransomware, click-jacking, doxxing, phishing, pharming, and even mini-drones (Ikseu & Yongyun, 2015). The expansion around the world of these high-tech cyber-crimes call for new methods and new technologies to thwart these attacks and dismantle the criminal enterprises. In this paper, the authors examine some of the latest cybercrime threats and offer recommendations to thwart those crimes and stop cyber-criminals who use technology to steal from or cause harm to individuals and/or businesses alike. [ABSTRACT FROM AUTHOR]

Court decisions have established an individual's Constitutional right of privacy to choose or decline end-stage medical treatment. Further, courts have acknowledged that surrogates may make such decisions for an individual who has become incompetent provided the surrogates, appointed by the individual patients, can establish the intent of such individuals by subjective oral evidence. All states have legislatively established criteria for written Health Care Directives (HCDs) to evidence an individual's desires regarding end-stage medical treatment, which can be legally enforced. Since there has been some confusion by health care providers in interpreting the HCDs, this paper evaluates the ambiguity of the special language of HCDs and suggests provisions and examples to clarify the intent of individual patients and provide health care professionals nationwide access to HCDs. [ABSTRACT FROM AUTHOR]

This paper is a qualitative assessment of corporate wrongdoing at HealthSouth Corporation, using the Banality of Wrongdoing model. The interviewees were two of the CFOs involved in the HealthSouth scandal. Each CFO was independently asked fourteen structured interview questions that measured the following constructs: the culture of competition, ends-biased leadership, missionary zeal, legitimizing myth, the corporate cocoon, banality of wrongdoing and greed. Each CFO's responses were compared to measure the presence or the absence of the construct and the significance of its impact on the unethical behavior at HealthSouth in the period from its founding in 1984 until the fraud was exposed in 2003. The study found that the variables used to measure unethical behavior based on the Banality of Wrongdoing Model were an effective tool for performing a diagnostic mapping of an ethically troubled organization. The study also determined that the unethical activities undertaken by HealthSouth were not unthinking illicit behavior as originally expected but were intentional and calculated. [ABSTRACT FROM AUTHOR]

Financial crimes are not new--they have been around for centuries. However, only in more recent times have we begun to explore and attempt to understand why they occur. We attempt to do this not simply for psychological understanding, but also to develop defensive strategies to prevent future financial crimes. In this paper, the authors discuss conditions typically present that allow persons within and outside the firm the opportunity to commit crimes. The authors then offer additional preventive measures and conclude with recommendations for management. [ABSTRACT FROM AUTHOR]

Religious organizations receive the most charitable contributions of all public charities. However, unlike other public charities, they are automatically exempt from the annual IRS compliance reporting via Form 990. This is based on the protection of religious freedom which exempted such organizations from government scrutiny. Religious organizations are becoming more complex, and are growing exponentially especially in the 'mega church' sector. Perhaps it is time to re-examine the compliance reporting exemption. The paper discusses the positions of those who support and oppose this federal exemption and concludes with the authors' viewpoint. [ABSTRACT FROM AUTHOR]

The meteoric rise of social media in recent years has radically altered the relationship between the personal and business spheres of American society. In light of the increased market presence shaped by the growing number of social media outlets, companies are recognizing the critical need to establish a solid social media presence. However, despite the benefits provided by social media, organizations and individuals alike are beginning to recognize the legal, business, and privacy risks. In response to these risks, organizations routinely monitor the social media activities of their employees. This paper will examine the costs and consequences of failing to effectively communicate expectations on acceptable social media conduct to new employees. [ABSTRACT FROM AUTHOR]

Traditionally, the status of an economy has been measured in terms of its real output. The most popular yardstick for this figure is gross domestic product, or GDP. GDP, however, does not take into account many more complex elements of economic welfare - only market activities are included. At the heart of furthering economic sustainability is how to effectively and accurately measure the status of the economy and what to measure in the economy. This paper seeks to investigate the advantages and disadvantages of one such well-being measure, the Genuine Process Indicator (GPI) and traditional GDP as measures of economic activity. [ABSTRACT FROM AUTHOR]

A new concern is beginning to gain notoriety in society, and, thus, emerging as an issue about which businesses should be concerned. The issue is human trafficking, also referred to as slavery. There are almost 30 million slaves around the world today. The fact that human trafficking is a 32 billion dollar business indicates either indifference for human rights, or an ignorance of the injustice occurring. Companies exercise social responsibility by not tolerating human trafficking within their business operations and business relationships. The purpose of this paper is to examine the extent to which companies are involved in combating human trafficking. Data for the study were collected from all the Fortune 500 companies. Findings indicate that companies can do more, as only 31 percent of companies are addressing the problem of human trafficking. [ABSTRACT FROM AUTHOR]

Several states have taken steps to end or limit prosecution for sale, possession, and/or consumption of marijuana. Because federal law continues to outlaw marijuana, this creates a significant conflict of laws problem. How should it best be resolved? Should marijuana be legalized, should it remain technically illegal but be decriminalized, or should the trend be reversed and drug laws be strictly enforced? This paper examines both the legal issues and the practical experience of other jurisdictions as a basis for a proposed resolution. [ABSTRACT FROM AUTHOR]

The problem of illegal immigration has become a large one in the United States, and there is little indication that it is about to go away. Suggested ways of handling it vary over a wide range, generally depending upon one's political persuasion. This paper reviews the legal issues involved at each point in the process of dealing with undocumented or illegal immigrants, analyzes the impacts of alternative solutions, and proposes a practical and reasonable approach to addressing the problem. [ABSTRACT FROM AUTHOR]

Administrative law consists generally of the rules, orders, and decisions of federal, state, and local government agencies established to perform a specific function. This paper reviews and evaluates the federal administrative law process, and suggests potential changes to make the process more accountable and to preserve better the rights of parties to both procedural and substantive due process. [ABSTRACT FROM AUTHOR]

In September 2008, Lehman Brothers filed for bankruptcy. Lehman Brothers' bankruptcy was a critical event in the financial crisis. Prior to the bankruptcy filing, Lehman Brothers was able to use repurchase (Repo 105) transactions to disguise the true condition of the company. This paper addresses the use of Repo 105 at Lehman Brothers. At that time, the repurchase agreements were allowed to be counted as a sale rather than debt under Generally Accepted Accounting Principles; thus, Lehman understated their financial difficulties. Both the accounting principles, possible violations of U.S. securities law, and the conflict that results are examined. The authors conclude that as long as the conflict exists between what is expected of auditors (under accounting standards and GAAP) and the regulators and the law, Lehman-type events will continue to be likely. [ABSTRACT FROM AUTHOR]

Corporate Social Responsibility (CSR) is a topic of great interest at many levels. To society, CSR can be instrumental in moving toward sustainability and achieving other social goals. For organizations it is a way to do good while improving organizational reputation and brand equity. For an organization's various stakeholders, social responsibility may be interpreted in narrow and specific ways. It is ideal for organizational CSR activities to align with the interests and concerns of the organization's stakeholder groups. However choosing particular CSR activities and directions can be rather challenging if stakeholder groups have interests at odds with one another. In this paper we examine these conflicts and use reactive matching and proactive advocacy strategies to provide prescriptions to practitioners. [ABSTRACT FROM AUTHOR]

An abstract of the article "A Social Security System Study: History, Present Operations, and What Does the Future Hold," by Robert L. Webster is presented.

An abstract of the article "Integrating Ethics in Multiple Business Courses," by Jan Welker and Lisa Beradino is presented.