Southern Journal of Business and Ethics

Articles from Vol. 8, 2016

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...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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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