Courting Shareholders: The Ethical Implications of Altering Corporate Ownership Structures

2007 ◽  
Vol 17 (4) ◽  
pp. 669-688
Author(s):  
Cynthia Clark Williams ◽  
Lori Verstegen Ryan
Keyword(s):  
Conflicts Of Interest ◽  
Behavioral Changes ◽  
Corporate Ownership ◽  
Moral Obligations ◽  
Fiduciary Duties ◽  
Fair Dealing ◽  
Ethical Implications ◽  
Corporate Executives ◽  
The Relationship ◽  
Promise Keeping

ABSTRACT:The relationship between corporate executives and shareholders has riveted the attention of business ethicists since the inception of the field. Most ethicists agree that corporate executives owe their investors the duties of loyalty, candor, and care. These fiduciary duties undergird the promises made to shareholders at the time of incorporation, placing on executives moral obligations to engage in fair dealing and to avoid conflicts of interest.We concur that executives owe all of their existing shareholders both promise-keeping and fiduciary duties and argue that some corporate executives violate these responsibilities by attempting to withhold information from or limit information to some shareholders while courting others. We analyze the ethical implications of six techniques and tools that executives use to attract certain types of shareholders while deterring others. We conclude with recommended structural and behavioral changes to these current managerial and investor practices.

Fiduciary Principles in Legal Representation

2019 ◽  
pp. 263-285
Author(s):  
Richard W. Painter
Keyword(s):  
Conflicts Of Interest ◽  
Common Law ◽  
Fiduciary Duty ◽  
Professional Responsibility ◽  
Duty Of Care ◽  
Fiduciary Duties ◽  
Legal Representation ◽  
Mandatory Rules ◽  
The Subject ◽  
The Relationship

This chapter examines the fiduciary duties of lawyers, and especially how such duties shape—and are shaped by—their other professional responsibilities. It begins with a discussion of the legal basis of lawyers’ fiduciary duties as well as the circumstances that trigger a lawyer-client fiduciary relationship. It then considers the lawyers’ fiduciary duty of loyalty, focusing on the duty to avoid conflicts of interest, the duty of confidentiality owed by a lawyer to a client, the duty of candor, and the duty to communicate to the client information that the latter needs to make informed decisions about the subject matter of the representation. It also explores the lawyer’s fiduciary duty of care, including the duty to familiarize himself with the client’s affairs and to safeguard confidential information; the relationship between fiduciary duties and other duties of professional responsibility; cases where lawyers are subject to the specific duties of a common law trustee; and two types of mandatory rules to which lawyers, as professional fiduciaries, are subject and that cannot be waived with client consent: mandatory rules of professional responsibility and generally applicable laws. The chapter concludes with an analysis of remedies available when a lawyer commits a breach of fiduciary duty, along with the unique challenges faced by lawyers when they also become trustees for their clients or third persons.

La ética del Otro: una introducción al pensamiento de Emmanuel Lévinas

2019 ◽  
Vol 1 (1) ◽  
pp. 5-14
Author(s):  
Carlos Alvaréz Teijeiro
Keyword(s):  
Interpersonal Relationships ◽  
Emmanuel Levinas ◽  
Radical Change ◽  
The Other ◽  
Western Philosophy ◽  
Ethical Implications ◽  
Essential Question ◽  
History Of ◽  
The Relationship ◽  
First Philosophy

Emmanuel Lévinas, the philosopher of ethics par excellence in the twentieth century, and by own merit one of the most important ethical philosophers in the history of western philosophy, is also the philosopher of the Other. Thereby, it can be said that no thought has deepened like his in the ups and downs of the ethical relationship between subject and otherness. The general objective of this work is to expose in a simple and understandable way some ideas that tend to be quite dark in the philosophical work of the author, since his profuse religious production will not be analyzed here. It is expected to show that his ideas about the being and the Other are relevant to better understand interpersonal relationships in times of 4.0 (re)evolution. As specific objectives, this work aims to expose in chronological order the main works of the thinker, with special emphasis on his ethical implications: Of the evasion (1935), The time and the Other (1947), From the existence to the existent (1947), Totality and infinity: An essay on exteriority (1961) and, last, Otherwise than being, or beyond essence (1974). In the judgment of Lévinas, history of western philosophy starting with Greece, has shown an unusual concern for the Being, this is, it has basically been an ontology and, accordingly, it has relegated ethics to a second or third plane. On the other hand and in a clear going against the tide movement, our author supports that ethics should be considered the first philosophy and more, even previous to the proper philosophize. This novel approach implies, as it is supposed, that the essential question of the philosophy slows down its origin around the Being in order to inquire about the Other: it is a philosophy in first person. Such a radical change of perspective generates an underlying change in how we conceive interpersonal relationships, the complex framework of meanings around the relationship Me and You, which also philosopher Martin Buber had already spoken of. As Lévinas postulates that ethics is the first philosophy, this involves that the Other claims all our attention, intellectual and emotional, to the point of considering that the relationship with the Other is one of the measures of our identity. Thus, “natural” attitude –husserlian word not used by Lévinas- would be to be in permanent disposition regarding to the meeting with the Other, to be in permanent opening state to let ourselves be questioned by him. Ontology, as the author says, being worried about the Being, has been likewise concerned about the Existence, when the matter is to concern about the particular Existent that every otherness supposes for us. In conclusion it can be affirmed that levinasian ethics of the meeting with the Other, particular Face, irreducible to the assumption, can contribute with an innovative looking to (re)evolving the interpersonal relationships in a 4.0 context.

Where is semiotic-cultural constructivism in psychology heading? Contemporary reflections on the trajectory of an approach to cultural psychology

2021 ◽  
pp. 1354067X2110173
Author(s):  
Danilo Silva Guimarães
Keyword(s):  
Knowledge Construction ◽  
Cultural Psychology ◽  
Scientific Progress ◽  
Human Action ◽  
Point Of View ◽  
Cultural Experience ◽  
Ethical Implications ◽  
Psychological Knowledge ◽  
The Relationship

This article aims to discuss the relationship between personal cultural experience and knowledge construction in psychology, from the perspective of the Semiotic-Cultural Constructivism. The thoughts here presented are, at the same time, from within psychology and about psychology. The researcher is culturally situated and science is a field of production of cultural works that aims to create perspectives of knowledge about the world. Researchers can and must create some detachment from their field of study to be able to understand the course of their own knowledge constructions. This detachment is achieved through a historical–philosophical view on the theoretical–methodological propositions of their field of research. As a case study, we selected for analysis the field’s pioneer productions, from the years 1982 to 2004. The material showed that the rationality that characterizes scientific research is directed, in this field, to creating semiotic resources for further developing reflexivity in psychology, as a recursive and open-ended process. The theoretical–methodological work of the researcher concerns its own personal cultural experience and the tradition of the already constructed knowledge, selected to a dialogue about the ethical implications of human action. Therefore, advances in psychological knowledge construction cannot be addressed from an external, allegedly neutral point of view, focused on the efficacy of the instruments resulting from the said “scientific progress.”

TF-CBT Group Intervention for Children in High Conflict Custody Disputes

2021 ◽  
pp. 106648072110057
Author(s):  
Kelli Anderson
Keyword(s):  
Cognitive Behavioral Therapy ◽  
Group Intervention ◽  
Behavioral Therapy ◽  
Cognitive Behavioral ◽  
Future Research ◽  
Ethical Implications ◽  
High Conflict ◽  
Custody Disputes ◽  
The Relationship ◽  
Traumatic Symptoms

This article proposes a conceptual group approach using trauma-based cognitive behavioral therapy for children involved in high conflict custody disputes. Traditionally, interventions for this population have focused on repairing the relationship between parent and child and less on addressing the traumatic symptoms with which the child is suffering. The proposed intervention focuses solely on the needs of the child and provides an outline for seven sessions during which the PRACTICE model of trauma-focused cognitive behavioral therapy is used. Additionally, ethical implications and directions for future research are discussed.

scholarly journals The effect of a nighttime zoo event on spider monkey (Ateles geoffroyi) behavior

2020 ◽  
Vol 1 ◽  
Author(s):  
Darby Proctor ◽  
Michelle Smurl
Keyword(s):  
Nonhuman Primates ◽  
Environmental Changes ◽  
Behavioral Changes ◽  
Physiological Data ◽  
Spider Monkeys ◽  
Normal Operating ◽  
Late Night ◽  
Behavioral Observations ◽  
Zoo Animals ◽  
The Relationship

Abstract The relationship between zoo animals, particularly nonhuman primates, and visitors is complex and varies by species. Adding complexity to this relationship is the trend for zoos to host events outside of normal operating hours. Here, we explored whether a late-night haunted-house style event influenced the behavior of spider monkeys. We conducted behavioral observations both on event nights and nights without the event. The spider monkeys were active and outside more frequently on event nights compared to the control nights indicating that their typical nighttime behavior was altered. However, it is difficult to definitively conclude whether the behavioral changes were a result of the event being aversive or enriching. Our findings suggest that zoos should conduct behavioral observations of and collect physiological data from their animals, especially if they are sensitive to environmental changes, when implementing new events, including those occurring outside of normal operating hours to ensure high levels of animal welfare.

Telling refugees’ stories: Testimony and hospitality in graphic novel L’Odyssée d’Hakim by Fabien Toulmé

2021 ◽  
Vol 12 (1) ◽  
pp. 301-313
Author(s):  
Jennifer Boum Make
Keyword(s):  
Mediterranean Region ◽  
The Other ◽  
Graphic Novel ◽  
Bearing Witness ◽  
Visual Narratives ◽  
Ethical Implications ◽  
Testing Zone ◽  
The Creation ◽  
The Aesthetic ◽  
The Relationship

Following the increase in migratory flows since 2015, in the Euro-Mediterranean region, bandes dessinées are mobilized to stir up compassion and prompt engagement with marginalized biographies. It begins with the premise that aesthetic approaches of bandes dessinées reveal a testing zone to juxtapose modalities of representation and expression of refugees and ways to interact with otherness. To interrogate the relationship between aesthetic devices and the formation of solidarity, this article considers the first volume of Fabien Toulmé’s trilogy, L’Odyssée d’Hakim: De la Syrie à la Turquie (2018). How does Toulmé’s use of aesthetic devices make space for the other, in acts of dialogue and exchange? What are the ethical implications for the exercise of bearing witness to migrant and refugee narratives, especially in the transcription and translation in words and drawing of their biographies? This article argues that visual narratives can provide for the creation of a hospitable testimonial space for migrants and refugees’ voices. The article outlines the aesthetic methodology deployed in graphic storytelling, reflects on what it means for the perception of refugees, and questions the use and ethical appeal of visual narratives as a form to curate hospitality.

Under-promising and over-delivering: pleasing the customer or strategic blunder?

2017 ◽  
Vol 31 (7) ◽  
pp. 720-732 ◽  
Author(s):  
Omer Topaloglu ◽  
David E. Fleming
Keyword(s):  
Practical Implication ◽  
Business Environment ◽  
Empirical Examination ◽  
Content Type ◽  
Expectation Management ◽  
New Perspective ◽  
The Individual ◽  
Service Expectation ◽  
The Relationship ◽  
Promise Keeping

Purpose The paper aims to provide a theoretical and empirical examination of the relationship between service expectation management, expectation inducing agent and customer satisfaction. Design/methodology/approach Based on the disconfirmation paradigm in services and the promise-keeping premise in psychology, the hypotheses are developed and empirically tested using three experiments that manipulated expectations, expectation inducing agent and service outcome. Findings The findings provide reconciliation to the previous studies in services and show that effectiveness of expectation management strategy depends on the individual expectation thresholds and the expectation inducing agent. If customers patronize a firm expecting more, then over-delivering on the service promise results in a significant benefit. However, for those customers whose mental expectation threshold is exceeded, keeping promises is as effective as exceeding promises. Practical implications The practical implication of this paper is that services managers should be cognizant of the mental expectation threshold of customers and be wise in utilizing the under-promise, over-deliver strategy. Originality/value Using a threshold approach, this paper introduces a new perspective to service practitioners who are trying to manage expectations in a highly variable business environment. It also benefits service researchers who are trying to enhance the understanding of service expectation management.

scholarly journals Autonomous weapons systems and changing norms in international relations

2018 ◽  
Vol 44 (3) ◽  
pp. 393-413 ◽  
Author(s):  
Ingvild Bode ◽  
Hendrik Huelss
Keyword(s):  
International Relations ◽  
Security Policy ◽  
Research Programme ◽  
Ethical Implications ◽  
Autonomous Weapons ◽  
Relationship Of ◽  
Constructivist Approaches ◽  
The Relationship ◽  
Norm Emergence ◽  
Weapons Systems

AbstractAutonomous weapons systems (AWS) are emerging as key technologies of future warfare. So far, academic debate concentrates on the legal-ethical implications of AWS but these do not capture how AWS may shape norms through defining diverging standards of appropriateness in practice. In discussing AWS, the article formulates two critiques on constructivist models of norm emergence: first, constructivist approaches privilege the deliberative over the practical emergence of norms; and second, they overemphasise fundamental norms rather than also accounting for procedural norms, which we introduce in this article. Elaborating on these critiques allows us to respond to a significant gap in research: we examine how standards of procedural appropriateness emerging in the development and usage of AWS often contradict fundamental norms and public legitimacy expectations. Normative content may therefore be shaped procedurally, challenging conventional understandings of how norms are constructed and considered as relevant in International Relations. In this, we outline the contours of a research programme on the relationship of norms and AWS, arguing that AWS can have fundamental normative consequences by setting novel standards of appropriate action in international security policy.

Behavioral Effects of Low plus Lenses

1980 ◽  
Vol 51 (3) ◽  
pp. 913-914 ◽  
Author(s):  
P. E. Larrabee ◽  
Franklin Ross Jones
Keyword(s):  
Behavioral Changes ◽  
Behavioral Effects ◽  
Paper And Pencil ◽  
Aged Subjects ◽  
Working Distance ◽  
The Relationship

This study explored the relationship between the application of low plus reading lenses and the improvement of performance at a child's near working distance. 11 school-aged subjects were selected at random, screened for their ability to accept low plus lenses, then given a paper-and-pencil task to perform both with and without the plus lenses. Statistically significant behavioral changes were associated with wearing the low plus-power reading lenses while performing the near paper-and-pencil task.

scholarly journals P.013 Conflicts of interest in neurosurgical research - comparing voluntary physician disclosure to mandatory company data

2016 ◽  
Vol 43 (S2) ◽  
pp. S24-S24 ◽  
Author(s):  
PJ McDonald ◽  
ER Shon ◽  
AV Kulkarni
Keyword(s):  
Voluntary Disclosure ◽  
Conflicts Of Interest ◽  
Average Rate ◽  
Industry Data ◽  
Ethical Implications ◽  
The Us ◽  
Financial Conflicts Of Interest ◽  
Author Disclosure ◽  
Open Payments

Background: Industry involvement in neurosurgical research is common, creating financial conflicts of interest (COIs). Most journals require voluntary disclosure of financial COIs. In 2013, the Sunshine Act (SA) was passed in the US, mandating industry disclosure of all payments to physicians. The accuracy of voluntary disclosure can now be determined by comparing voluntary author disclosure with industry data. Methods: We reviewed disclosure statements and calculated rates of voluntary disclosure in major neurosurgical journals before (2011) and after (2013) the Sunshine Act to determine if voluntary disclosure increased after its implementation. We then determined the accuracy of voluntary disclosure in 2013, comparing voluntary disclosure with industry disclosure on the Open Payments Database (OPD). Mean, median and range of industry payments to neurosurgeons were calculated Results: Voluntary disclosure significantly increased in JNS-Spine only (10.7% to 35.4%,p<0.001) after implementation of the SA. The average rate of non-disclosure in all journals studied was 38.3% (Range 33.8%-42.2%)$32,598,522.97 of industry payments were provided to 656 authors in the five-month period studied (Average $49,692.87/author) Conclusions: Voluntary COI disclosure in JNS- Spine increased after implementation of the Sunshine Act. Industry payments to physicians publishing in neurosurgery journals are common and rates of non-disclosure of COIs are high. The ethical implications of COIs and non-disclosure are discussed.

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