Southern Journal of Business and Ethics

Articles

Vol. 9, 2017

Nix the "Sue Someone Today" Mentality: Teaching Mediation to Online Business Law Students
INTRODUCTIONScores of studies have been conducted regarding the legal concepts to be taught in undergraduate business law classes, including such topics as ethics, corporate responsibility, employment law, risk management, in-depth contracts, and property...
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The Hidden Cost of Words: The Language of Earnings Presentations and the Differences in Word Usage Based on Stock Returns
INTRODUCTIONTesla stock had an IPO price of $17 a share when it debuted in 2010. In mid-year 2016 the price per share was around $200 a share, yet Tesla had never earned a profit. This suggests that investors consider not only what a firm has proven...
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Techniques for Integrating Legal Considerations with Business Processes
Managers routinely hold viewpoints that marginalize the importance of the legal profession in the corporate setting.1 This outlook reflects a careless disregard for the connection between law and competitive advantage.2 Given that managers will routinely...
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Driving out "Surface Errors" through Mandated Rewrites: A Case Study
INTRODUCTIONDespite the near-universal acknowledgement that surface errors weaken the credibility of business documents-and therefore should be avoided through careful proofreading conforming to the rules of standard English, BCOM students stubbornly...
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Nonprofit Formation in Texas: Organization
INTRODUCTIONOne limitation I have encountered related to the organization process for a nonprofit corporation is that while attorneys can assist a client in filing the certificate of formation, they often do not understand the totality of what is needed...
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Shattered Glass and Creaky Steps: Remodeling the Glass Ceiling and Glass Escalator Theories Using an Intersectional Toolbox
INTRODUCTIONThe historical narrative of the United States is replete with examples of revolution- peaceful and otherwise-as the disadvantaged pursue equality. Gender fairness is rarely only about gender but is instead multiple attributes intersecting...
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Start Spreading the News: New York Has Gone to Pot
Introduction3While the benefits of marijuana are being debated in political circles, states are offering a potpourri of policies. One of the most innovative programs has been enacted by New York State. New York has always been a cultural leader for America....
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Legal Life after Death: Publicity, Physical, and Digital Assets
IntroductionTechnological developments are rapidly advancing the very real possibility of human life extension and the preservation of some form of "personhood" into the indefinite future. Apart from biology and the philosophy of personhood, right now...
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Trade Dress: Rising from the Ashes
I.INTRODUCTIONMost businesspeople are aware of the traditional areas of intellectual property: patents, copyrights, trademarks, service marks, and trade secrets. But many of these same people are not aware of another area of IP law that is becoming increasingly...
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From the Editor-in-Chief. . .
This is the 9th volume of the Southern Journal of Business and Ethics, an official publication of the Southern Academy of Legal Studies in Business. The Journal is being published in hardcopy and electronically on the Southern Academy's web page at http://www.salsb.org.The...
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An Exploratory Study: Moral Disengagement Levels in Accounting Majors
Cases of corporate fraud and unethical business practices have become an increasing concern among our global community, and continue despite efforts to stop them (e.g., Enron, 2001; HealthSouth, 2003; AIG, 2005; WorldCom 2005; Lehman Brothers, 2008;...
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Religion and the Workplace: Examining a Model to Mitigate Discrimination
I.Introduction"As workplaces continue to become more diverse, religion is becoming a significant workplace issue."Society for Human Resource Management, 2016In today's diverse and complex workplace, providing a tolerant and productive work environment...
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A Classic American Department Store's Resurgence to Glory: Using Social Media and Online Advertising Strategies to Generate Revenue
INTRODUCTIONRetail Industry BackgroundThe department retail store in America has changed dramatically over the last few years. The impact of the Great Recession of 2008 coupled with the maturing of the internet has mortally mangled many retail icons...
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Mediation Madness Iii: Managing Microwave Mediation
I. IntroductionMediation offers an alternative to the rigors of formal litigation in a courtroom. It has become a successful conflict resolution tool because it provides an opportunity to resolve virtually any issue in "a cost effective and timely manner."1...
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Exploring Success Factors for Women in Family Firms
INTRODUCTIONWomen are increasingly participating in family businesses leadership. Research shows that 24% of family businesses are led by a female CEO or president. Also, 31.3% of family businesses surveyed indicate that the next successor will be a...
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It's All about the Benjamins: How Student-Athletes Can Generate Income through Self-Employment
INTRODUCTIONCollegiate athletics is a billion-dollar industry. The bulk of the revenue is obtained through media deals, merchandising, licensing, and ticket sales. A clear majority of the revenue generated goes to the colleges, coaches, athletic programs,...
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Vol. 8, 2016

From the Editor-in-Chief. . .
This is the 8th volume of the Southern Journal of Business and Ethics, an official publication of the Southern Academy of Legal Studies in Business. The Journal is being published in hardcopy and electronically on the Southern Academy's web page at http://www.salsb.org.The...
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Personal Liability for Commission of a Tort: A Significant, and Often Overlooked, Exception to Limited Liability in the Llc and Corporation
John operates a CPA practice as a sole proprietorship. He commits negligence in performing an audit, which cost his client $500,000 in damages. Because of financial issues, John had let his E & O insurance policy lapse. The sole proprietorship has...
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Doing While Learning: How Business Programs Can Integrate Beneficial Experiential Learning Opportunities for Pre-Law Business Students
IntroductionThe mission of many undergraduate legal studies or pre-law programs is to provide the skills and knowledge base to be successful in the legal profession. Pre-law programs make a conscious effort to incorporate student learning outcomes that...
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Looking beyond the Pale: Evidence That Investors Look beyond Concurrent Annualized Returns in Assigning Corporate Reputtaions
INTRODUCTIONThe accurate measurement of corporate reputations is critical from both an internal and external perspective. From an internal perspective, accurate current information is necessary to effectively manage a firm's reputation. A firm needs...
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Benefit Corporations: Fostering Socially Conscious Corporate Leadership
In the modern business world corporate social responsibility competes with sexuality for top billing in corporate marketing.1 Unfortunately, this high priority for corporate social responsibility seems more a matter of form than substance. While the...
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The Relationship between the Protestant Work Ethic, Empathy and Business Students' Distrust of Corporations
The Great Recession of 2008-2012 has been described as the worst economic downturn in the U.S. since the Great Depression (Highhouse et al. 2014). This recession was unique in its speed of capital markets collapse and the rapid pace of bankruptcies that...
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Employment Contract or Mere Words? - the Traps Workers Face
IntroductionIn reviewing litigation concerning promises of employment, several variations of fraud including misrepresentation and concealment, are discussed. National Labor Relations Board (NLRB) standards may control in the event of replacement strikers....
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Medicaid Expansion and Activity Based Costing as a Means of Measuring Efficiency and Improvement in Healthcare
The ACA and the Medicaid Caper Issues with MedicaidFrom inception, Medicaid has battled issues such as widespread fraud, budgeting and physician retention and recruiting. According to the U.S. States Attorney Office, the frauds can be as simple as intentional...
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Attorney Misconduct and the Role of the Grievance Process in Civil Proceedings Arising from the Same Facts
I. INTRODUCTIONThe grievance process is administered and directed by the Office of the Chief Disciplinary Counsel and is dependent upon current and former clients and other third parties reporting alleged attorney misconduct. This reporting process is...
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Back to Business: A Practical Guide on How to Reinstate Involuntarily Terminated & Forfeited Business Entities in Texas
INTRODUCTIONThousands of business entities in Texas do not know that the legal status of their entity has been involuntarily terminated or forfeited by the Secretary of State or Comptroller of Public Accounts. Businesses usually become aware of this...
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Avoiding Imputed Disqualification
I. IntroductionImputed disqualification arises when an entire law firm is disqualified from representation because one of its attorneys has a conflict of interest. To avoid this potential conflict, ethical screening (commonly referred to as a "Chinese...
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Mediation Madness Ii: Dealing with Destructive Emotions
I. IntroductionMediation offers an alternative to the rigors of formal litigation in a courtroom. It has become a successful conflict resolution tool because it provides an opportunity to resolve virtually any issue in "a cost effective and timely manner."1...
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Social Media: Creating Student Awareness of Its Use in the Hiring Process
INTRODUCTIONSocial media is ubiquitous and is now commonly being used in the job search and employee selection processes. Social media sites like Facebook, Twitter, Pinterest, and others were first used to connect people online to stay in touch and share...
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Statistical Extrapolation in Complex Litigation: Science or Guesswork?
IntroductionWhen used appropriately, statistical sampling can be a powerful weapon in a litigator's arsenal. In a complex case, statistical sampling may be used to draw scientifically-supported conclusions from data, and to quantify concepts that would...
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The Professional Ethics of U.S. Tax Treaty Interpretation
OutlineI. Introduction.a. Explanation of the term: Double Non-Taxation.b. Ethical Implications when the Tax Lawyer "Switches Hats".II. Background on Tax Treaty Interpretation.a. P O OECD Model Treaty and Interpretational Norms.b. Technical Analysis of...
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Vol. 7, 2015

From the Editor-in-Chief
This is the 7th volume of the Southern Journal of Business and Ethics, an official publication of the Southern Academy of Legal Studies in Business. The Journal is being published in hardcopy and electronically on the Southern Academy's web page at http://www.salsb.org.The...
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A Primer on Teaching the Law of Wills, Probate, and Basic Estate Planning Documents to Business Law Students
I. IntroductionII. Literature Review: Legal Studies Textbooks and ScholarshipIII. Overview of Estate Planning in the U.S.IV. A FRAMEWORK FOR TEACHING WILLS, PROBATE, AND BASIC ESTATE PLANNING Documentsa. Probateb. Willsc. Basic Estate Planning DocumentsV....
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Fighting Topic Irrelevance in Ethics and Csr Education: Using Pink Ribbon Campains, Experietial Learning, and Semster-Long Activities to Boost Engagement and Personal Connection
Introduction and Background: Ethics and CSREthics and corporate social responsibility (CSR) have come to the forefront of business, research, and business education as scandals change the landscape of society and a call is made for new kinds of leaders...
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Mediation Madness: Dealing with Bullies in Mediation
I. IntroductionMediation offers an alternative to the rigors of formal litigation in a courtroom. It has become a successful conflict resolution tool because it provides an opportunity to resolve virtually any issue in "a cost effective and timely manner."1...
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Ethics and Law School Marketing Practices 1
"If the economy will provide jobs for only 218,800 new lawyers over the current decade, should we really produce more than twice that number of law school graduates?"4The sad truth is that for thousands of law school graduates a legal career is just...
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Moral Disengagement and Locus of Control in Business School Freshmen: Gender Differences
Cases of unethical business practices which have resulted in loss of financial resources for innocent parties are far too common. Examples of business people in this venue include Kenneth Lay of Enron, Mark Schwartz and Dennis Kozlowski of Tyco and Bernard...
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Virtual Currency-Property or Foreign Currency? an Exploration of the Tax and Ethical Implications
HISTORY OF VIRTUAL CURRENCY TAX LAWOn March 25, 2014 the Internal Revenue Service (1RS) issued Notice 2014-21 and IR-2014-36 proclaiming virtual currencies as "property" for tax purposes (U.S. Department of the Treasury, 2014a; U.S. Department of the...
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Making Connections between Moral-Ethical Beliefs and Human Physiology: A New Approach to Classroom Instruction
IntroductionThe authors in the past have argued that teachings even of a religious nature can be used for instructional purposes to the extent that they are common to all peoples regardless of their religious belief or lack thereof.1 In support of their...
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Risk Management and Corporate Governance: Safety and Health Work Model
I. INFLUENCE OF CORPORATE GOVERNANCE ON RISK MANAGEMENTRisk management and oversight are generally considered as a subset of overall corporate governance. While most researchers agree that no one meaning of corporate governance exists, the concept is...
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Facebook, Speech, and the National Labor Relations Act
I - IntroductionEmployers in America today are aware generally of federal and state protections allowed workers regarding hiring, dismissals, and other employment decisions. Regardless of whether an employer is familiar with a specific employment law,...
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Advancing Legal Astuteness Skills through Inductive Learning: An Educational Approach for MBA Students
I. INTRODUCTION AND PURPOSEOne of the roles of the Academy of Legal Studies in Business (ALSB) is to enhance the education and learning of legal studies (the discipline that includes in collegiate business schools such topics as business law, the legal...
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Insurance Regulations and Unclaimed Property: A Dilemma for Life Insurers
INTRODUCTIONTraditionally, the payment of the death benefit under a life insurance policy has been a fairly straightforward matter. Once a claim is made and proper documentation of the insured's death has been submitted, the insurer issues a draft in...
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Vol. 5, 2013

Workplace Bullying: Utilizing a Risk Management Framework to Address Bullying in the Workplace
Workplace bullying has been grounded in European cultures for many years and now workplace bullying has taken center stage in the United States. This paper serves to provide employees and organizations with an overview of the workplace bullying phenomenon....
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Fighting Futility Iv: Dealing with Defensiveness in Mediation
I. INTRODUCTIONMediation, offering an alternative to the rigors of formal litigation in a courtroom, has become a successful conflict resolution tool because it provides an opportunity to resolve virtually any issue in "a cost effective and timely manner."^sup1^...
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From the Editor-in-Chief. . .
This is the 5^supth^ volume of the Southern Journal of Business and Ethics, an official publication of the Southern Academy of Legal Studies in Business. The Journal is being published in hardcopy and electronically on the Southern Academy's web page...
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Corruption of Ethics: Domestic Bribery of Public Officials: Honest Services Fraud
IntroductionThere is a broad general consensus that governmental ethics are viewed as a pillar of democracy, and corrupt behavior can threaten democratic institutions.^sup1^This article picks up where an excellent article titled Can You Put a Price on...
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Ethics in the Business Curriculum: Does Delivery Need to Be Revisited?
AbstractBusiness Schools have been teaching business ethics for over a generation. Despite the best efforts of the educators, ethical lapses and scandals are a recurrent headline in the news. This raises the question of why is ethics education not working....
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Justifying the Teaching of the Story of the Good Samaritan Parable in Business School Classrooms as a Source of Inspirational Learning
AbstractWarren Bennis' recent article in Bloomberg BusinessWeeki asks whether or not the study of world religions belongs in our business schools. While he sees that the provocative nature of his inquiry lies in the word "religion," his argument is largely...
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Employee Access "Without Authorization" under the Computer Fraud and Abuse Act: A Case Study
IntroductionPortable equipment, such as laptop computers, flash drives, portable hard drives and smart phones, can improve employee productivity in the modern workplace.^sup1^ Coupled with internet access, this equipment also allows the employee to work...
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The Global Enforcement of Pharmaceutical Patents: An Ethical Dilemma
INTRODUCTION:Throughout history, both science and technology have been credited with increasing our life span and curing harmful and often times, terminal, diseases. For countless years, pharmaceutical companies have used this science and technology...
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The Tax Man Cometh-Will He Be Fair? a Comparative Ethical Analysis of Proposed Tax Reforms
AbstractNotions of the "fairness" of tax laws are usually based upon wherewithal to pay, with a tax judged as "fair" if the taxpayer is able to pay it. This paper takes an alternate approach, examining the ethical implications of a "True Flat Tax", a...
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Good and Evil in Contemporary Business Practice
ABSTRACTDrawing upon both sacred and secular texts, we suggest that attention to the philosophical foundations of good and evil facilitate our understanding of contemporary business practices and ethical behavior. We examine first the idea of goodness...
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Arbitration: Trending in the Business and Legal World, but Is It Trending in Your Business School?
I. INTRODUCTIONAs business law and legal environment professors, we are teaching and training tomorrow's business leaders - not (necessarily) tomorrow's lawyers.^sup1^ As such, we have a fundamental responsibility to provide our students with the knowledge...
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Analysis of Organization Ethics: Do They Exist? How Can We Think about Them?
ABSTRACTWhether an organization is ethical or not has become an increasingly important question both in public and legislative discourse as well as in the application of tort and criminal law. Historical approaches to organizational ethics have either...
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Balancing the Rights of Children, Parents and the State: The Legal, Ethical and Psychological Implications of Genetic Testing in Children
INTRODUCTIONThe Human Genome Project (HGP), a joint endeavor of the National Institutes of Health (NIH), the Department of Energy and international partners, was launched in 1990 with the goal of sequencing the human genome, the complete set of DNA in...
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The Importance of Self-Efficacy in Ethical Education for Business Undergraduates
AbstractEvents over the past decade or so have resulted in new efforts to expand ethics education in business schools throughout the United States. While the debate rages on concerning the viability of teaching ethics and the potentiality for making...
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Notes for Authors
The focus of the Southern Journal of Business and Ethics (SJBE) is to examine the current trends and controversies in business, law and ethics, both domestic and international. In addition, future issues will include a new section, Short Notes, which...
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Vol. 4, 2012

From the Editor-in-Chief
This is the 4th volume of the Southern Journal of Business and Ethics, an official publication of the Southern Academy of Legal Studies in Business. The Journal is being published in hardcopy and electronically on the Southern Academy's web page at http://www.salsb.org.The...
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Save the Firehouse: The David and Goliath Battle over Rights to the Use of a Common Name: Firehouse Restaurant V. Scurmont Llc
INTRODUCTIONA key tool in the conduct of commerce by business has been the establishment and protection of a firm's distinctive marks known as trademark or servicemarL·. l These distinctive marks of trade date back even in history to caves in Europe...
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Fighting Futility Iii: Dealing with Difficult People in Mediation
I. IntroductionMediation offers an alternative to the rigors of formal litigation in a courtroom. It has become a successful conflict resolution tool because it provides an opportunity to resolve virtually any issue in "a cost effective and timely manner."1...
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Dancing with Gina: What Should Employers Know about the Genetic Information Nondiscrimination Act of 2008?
In 2008, the Genetic Information Nondiscrimination Act (GINA) was passed. Title II of GINA, prohibiting the use of such information in employment, took effect on November 21, 2009. The first lawsuit under GINA was filed in April of 2010. The EEOC issued...
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Corporate Citizenship: An Integrated Operational Approach
AbstractCorporations are embracing the idea that corporate citizenship activities, policies, processes and procedures are noteworthy and should be executed for the benefit of not only corporations' reputations and profits; but also, for the benefit of...
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Innovation in Legal Studies Education: An Integrated Case Study Approach
AbstractUsing case studies to enhance students' understanding of theoretical concepts is a well-accepted and widely used method in business and management courses. In legal studies, the case method has a much different meaning and purpose; students read...
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Who Are You? Identifying Online Students for Assessment Purposes
I. INTRODUCTION - "IDENTITY GIFT"WHO ARE YOU?WHO WHO WHO WHO?PETER TOWNSEND (1978)1The task of establishing someone's identity not only surfaces regularly as a theme of the popular television show CSI: Crime Scene Investigation it also underlies one...
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Workplace Bullying: It's Not Just about Lunch Money Anymore
Bullying is not restricted to the "big kid" who takes a person's lunch money every day. Nor is it only a matter of some "wise guy" knocking a person's books out of his or her hands or knocking things off of someone's desk. It is not even restricted to...
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An Assessment of Learning Outcomes Based on a Comparison of Active Learning and Traditional Lecture Pedagogical Styles in a Legal Environment Classroom
ABSTRACTThe purpose of this study is to determine whether an active learning classroom environment is more effective in helping university students learn legal environment of business concepts than the traditional lecture pedagogical style. To generate...
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Can You Put a Price on Corruption? the Future of Honest Services Fraud
I. IntroductionA concerned municipal employee of Anytown, U.S.A. noticed that the Mayor renewed the city landscaping contract of Evergreen Landscaping, even though another bidder submitted a bid to do the work for half the price. Suspecting corruption,...
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A Holistic Approach to Legal Environment of Business Course Assignment Design
At one time, the creation of a course assignment in a legal environment of business course was a simple matter of identifying an activity which promised to improve student achievement on a course learning objective. The current environment demands a...
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The United States: Land of Opportunity or Land of Deception?
I. ABSTRACTHuman trafficking is a grave violation of human rights and human dignity. It causes harm to millions of persons around the world. Individuals are trafficked and exploited in numerous workers industries, ranging from the sex trade to a variety...
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