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Corporate law theory and practice considers shareholder relations with companies and the implications of ownership separated from control. Yet through the Troubled Asset Relief Program (TARP) bailout and the government's resultant shareholding, ownership and control at many companies have merged, leaving corporate theory and practice for the financial and automotive sectors in chaos. The government's $700 billion bailout is a unique historical event; not merely because of its size, but also because of a resulting ripple through corporate scholarship and practice. This article builds on the author's five testimonies before Congress during the financial crisis and implementation of the TARP bailout and his consultation for the Special Inspector General for TARP. After considering corporat...
An empirical examination of some 700 corporate fraud lawsuits shows a significant overlap in the application of the variety of suits available, as well as pronounced differences in the effectiveness of the various kinds.
EPA and NHTSA, on behalf of the Department of Transportation, are issuing this joint proposal to further reduce greenhouse gas emissions and improve fuel economy for light-duty vehicles for model years 2017-2025. This proposal extends the National Program beyond the greenhouse gas and corporate average fuel economy standards set for model years 2012-2016. On May 21, 2010, President Obama issued a Presidential Memorandum requesting that NHTSA and EPA develop through notice and comment rulemaking a coordinated National Program to reduce greenhouse gas emissions of light-duty vehicles for model years 2017- 2025. This proposal, consistent with the President's request, responds to the country's critical need to address global climate change and to reduce oil consumption. NHTSA is proposing C...
This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
Historical scholarship on business-environment interactions has largely sidestepped the study of corporate innovations that had both economic and environmental benefits. This issue is examined through late-nineteenth-century initiatives sponsored by the British Society for the Encouragement of Arts, Manufactures and Commerce, whose aim was to document and promote the creation of profitable by-products out of polluting industrial waste and emissions. A case is made that the individuals involved in this effort not only anticipated concepts and debates now at the heart of the modern sustainable development literature, but also that their work questions some fundamental premises of this discourse.
In recent years foreign direct investment in developing nations has come under threat by government policies seeking to expropriate or nationalize the assets of foreign corporations. A variety of political and economic motivations have given rise to expropriation activities. This paper examines both the political, economic and legal basis underpinning these expropriation activities and outlines a corporate risk management strategy designed to confront these emerging political/economic threats.
Drawing upon a cultural studies perspective, this study investigates the audience role in shaping corporate involvement in social issues - identified as cause-related corporate outreach. We assert that, more than consumer, voter, or passive receptor of corporate messages, the audience is an active participant in the communication process. This case study of the Avon Breast Cancer 3-Day Walk, one of the most visible fitness-based fundraising events, examines the meaning individual participants construct during their involvement in the event. The study provides a context in which public relations practitioners and scholars alike can better understand the role corporate communication plays in defining and preserving community and social values. This understanding can help corporations buil...
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