JOURNAL OF BUSINESS LAW AND ETHICS最新文献

{"title":"Importance of Payment Morality in the Polish Bankruptcy Law","authors":"Prof. UO Dr Hab. Rafal Adamus","doi":"10.15640/jble.v7n1_2a2","DOIUrl":"https://doi.org/10.15640/jble.v7n1_2a2","url":null,"abstract":"Consumer bankruptcy has been functioning in the Polish legal system since 20082. The serious amendment to the provisions on consumer bankruptcy was made by the Act of 30 August 2019 amending the Act Bankruptcy Law and some other acts (Journal of Laws 2019 item 1802).On December 5, 2008, the Polish Parliament adopted the act amending the Bankruptcy and Reorganization Law Act3. The subject of this amendment was a new, separate bankruptcy proceeding referred to as consumer bankruptcy. The Act of December 5, 2008 did not provide sufficient consumer protection.","PeriodicalId":334416,"journal":{"name":"JOURNAL OF BUSINESS LAW AND ETHICS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115724457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Takata’s Exploding Airbags: Lessons from a Quality Debacle","authors":"E. C. Etienne","doi":"10.15640/jble.v8n2a1","DOIUrl":"https://doi.org/10.15640/jble.v8n2a1","url":null,"abstract":": Purpose: This paper examines the case of a major quality debacle with a view to understanding the true cause or causes that led to it and how such financially devastating failures can be avoided by modern day companies. M ethodology/approach: The researcher first developed two detailed cases using well documented, published materials, then proceeded to execute an analysis and search for causes focusing on one of them. Analysis of the first case, buttressed by information gleaned from the second and other well documented cases provided the basis for reasonably solid understanding of the true cause or causes of major quality failure in modern companies. Findings: The research found that the principal cause of devastating market and financial quality failure in the companies studied was weaknesses inherent in their ethical and moral systems. This was occurred because of failure of top management to design and implementvigorous enforcement mechanisms for ensuring thorough inculcation of ethical and moral principles in quality decision-making. Implementation of quality management systems such as TQM, Six-Sigma and ISO 9000 cannot prevent companies from experiencing these major quality debacles since the key cause of these, effete corporate ethical and moral values, coupled with absence of vigorous enforcement mechanisms, the principal cause of these failures, are poorly addressed by TQM, Six-Sigma and ISO 9000. Only the Baldrige system deals adequately with the need for a robust system of corporate ethical and moral values that deal specifically with the challenge of producing and delivering robust quality. Moreover, only the Baldrige system provides benchmark practices for creating a vigorous enforcement mechanism for ethical behavior in quality management. Implications for management theory and practice: The results obtained show that current deployment of ethical and moral principles as they relate to product and service quality, and the provision of a vigorous enforcement mechanism for inculcating these values and principlesinto the management practices of companiesare very weak.Moreover, these weaknesses expose many companies to spectacular quality failures of the type studied here.It is incumbent on top management to craft and implement a set of corporate ethical and moral principles that apply to quality and an enforcement mechanism to monitor and ensure adherence to these. It is also necessary for TQM, Six-Sigma and ISO 9000 to integrate these principles and enforcement mechanisms into their systems.","PeriodicalId":334416,"journal":{"name":"JOURNAL OF BUSINESS LAW AND ETHICS","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116754265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ethics in Law","authors":"Mavroeidakou Alexandra Maria","doi":"10.15640/jble.v8n1a2","DOIUrl":"https://doi.org/10.15640/jble.v8n1a2","url":null,"abstract":"In this paper, it will be discussed whether companies that develop a new gene should be able to preserve their property rights by ensuring their patent or not. In particular, it will be presented the arguments of both sides, namely the advantages of patent such organism and the disadvantages of doing so. In the last part of this essay, it will be recommended which perspective seems to be right and persuasive based oncredible estimations on research.","PeriodicalId":334416,"journal":{"name":"JOURNAL OF BUSINESS LAW AND ETHICS","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129870263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Application of Extraterritoriality Principle in ASEAN Economic Community Era: Challenge and Feasibility","authors":"jur. Udin Silalahi","doi":"10.15640/jble.v7n1_2a1","DOIUrl":"https://doi.org/10.15640/jble.v7n1_2a1","url":null,"abstract":"Most of the ASEAN member states (AMSs) have their own competition law, with the exception of Cambodia. Competition is clearly an important aspect of ASEAN‟s vision of regional economic integration. Competition law ensures that all entities do their business activities in every country of AMSs. Every undertaking shall not harm the competition, but in fact, an undertaking could harm the competition in the domestic market through cross-border anticompetitive practices. The question is whether cross-border anticompetitive practices occur in the ASEAN region and whether national competition law can be applied to foreign companies with domiciles abroad. There is no ASEAN regulation about this issue because there is no specific law that regulates cross-border anticompetitive practices. In the AEC era, there is a possibility of cross-border anticompetitive practices. This article discusses and elaborates on the challenge and feasibility of the application of extraterritorial jurisdiction in the ASEAN region and how it should be applied by national competition authorities in the ASEAN region","PeriodicalId":334416,"journal":{"name":"JOURNAL OF BUSINESS LAW AND ETHICS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129281007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Preventing or Concealing Organizational Misconduct? Corporate Boards in a Transitional Economy","authors":"Fiona Kun Yao","doi":"10.15640/jble.v8n1a1","DOIUrl":"https://doi.org/10.15640/jble.v8n1a1","url":null,"abstract":"This study seeks to understand the potential dark consequences of corporate boards on organizational misconduct in a transitional economy. Contrary to predictions from the agency theory, we find that outsider representation on the board is associated with an increased probability of misconduct in organizations that lack legitimacy in the early transitional period. Besides, the salience of board outsiders further enhances the positive relationship between outsider representation on the board and the likelihood of organizational illegality. We suggest that boards of directors may serve as window dressing for organizations lacking legitimacy in transitional economies. Such window dressing may create a circumstance that makes organizational misconduct possible in underdeveloped legal environments. This study suggests the importance of considering the potential dark side of adopting seemingly credible corporate governance structures in transitional economies.","PeriodicalId":334416,"journal":{"name":"JOURNAL OF BUSINESS LAW AND ETHICS","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124132207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}