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Looking to the Third Sovereign: Tribal Environmental Ethics as an Alternative Paradigm
Get PDFThis article considers what role, if any, can tribal environmental ethics play in the re-examination and consideration of American environmental ethics? The answer—quite a substantial role. Tribes must straddle two worlds—a traditional one and one dominated by Western culture and values. As a result of this dichotomy, tribes are necessarily experts at adaptation and innovation. To demonstrate the value of looking to tribal environmental ethics when considering alternative ethical paradigms for the United States, this article begins by discussing the link between environmental ethics and policy making. With this understanding in place, the article then examines the importance of environmental ethics to tribes. This Part considers factors that may motivate tribes to adopt environmental ethics alternative to American environmental ethics, and also uses legal ethics as an example of the necessity, in some instances, for the development of an alternative ethical paradigm, such as one separate from the model ethical code presented by the American Bar Association. Finally, the article concludes with a discussion of how tribes are serving as laboratories of environmental ethical innovation. The Part begins with an introduction to some ethical paradigms other than anthropocentrism, such as animism and deep ecology. The purpose of this introduction is to demonstrate how tribal environmental ethics might parallel some of these alternative ethical frameworks, but also to show that tribal environmental ethics can be different. With this introduction in place, the Part argues that tribes have the capacity for innovation, and then provides explicit examples of where tribes have departed from American environmental ethics. Ultimately, given the significance of emerging environmental challenges, such as climate change, the article concludes that, if policy makers decide on the necessity of an ethical paradigm other than anthropocentrism, tribal environmental ethics provide a compelling alternative, and, tribes, as the third sovereign in the United States, demonstrate how such an alternative environmental ethic may be codified into environmental laws.
Although this article advances the idea that tribes are and can be innovators in the field of environmental ethics, it in no way seeks to perpetuate the stereotype of tribes as environmental stewards or as Noble Savages. Just as other governments have the right to develop and act in ways contrary to the ethics described above, so too do tribes have the right to depart from such norms. Moreover, given there are 567 federally recognized tribes and many non-recognized or state recognized indigenous groups in the United States, it is difficult to identify one tribal environmental ethic. Instead, this article seeks to use examples where possible and to focus on commonalities where they exist, as there are similarities between the environmental world views of some tribes
Copyrightability of Music Compilations and Playlists: Original and Creative Works of Authorship?
Get PDFMusic compilations and playlists have a common nucleus of an act of gathering songs and ordering them. Their selection and arrangement can be decisive of the success and therefore can be valuable. And here is where the legal issues about their ownership arise: Are music compilations and playlists protectable under the regime of Copyright Law? This article will discuss the legal and practical issues connected with that question. Thereby, it will consider the United States, Europe in general and also the United Kingdom and Germany in particular. The individual legal systems and statutes will be analyzed, as well as the comprehensive jurisprudence. Finally, the most recent developments in the matter will be discussed
The Historical Basis of Securities Arbitration as an Investor Protection Mechanism
Get PDFWhy do broker-dealers fear a legal system in which the firms\u27 customers have a unilateral right to demand arbitration of disputes? That scenario would return the industry to the pre-McMahon years, when, because the enforceability of PDAAs with respect to federal securities laws was in doubt, most brokerage customers had such a unilateral right. In fact, the pre-McMahon history of securities arbitration, written about only sparsely, reveals that, today, the primary stakeholders in the process--investors and brokerage firms--have lost sight of the original reason why the securities industry heavily relied on arbitration to resolve industry disputes. While offering a speedy, efficient, and fair forum was important to the industry when choosing to offer and encourage arbitration, far more important was the use of arbitration as a mechanism to protect investors from unscrupulous brokers and brokerage firms, thus building trust and credibility in the securities exchanges, and, in turn, facilitating investors\u27 use of the exchanges for their securities trading. This article describes a more accurate history of securities arbitration, and uncovers the original purpose of designating arbitration to resolve investor disputes.
This article argues that both investors and the industry have disregarded this underlying purpose, causing them to view securities arbitration through a distrusting, critical lens. Rather than cynically viewing securities arbitration as a forum created by and favoring industry players, investors should view arbitration as a central and critical component in a system of investor protection. Likewise, rather than promoting mandatory arbitration as desirable because of its speed and economies, broker-dealers and SIFMA should advertise the investor-protective benefits of the process. By reframing modern securities arbitration as an investor protection device, both industry and investors\u27 advocates can work within the system to improve it rather than fight to tear it down
An Analysis of the Software Selection Process Using Waterfall versus Agile Methodologies: A Simulation Study
No full textSelecting software for an organization is exhausting and improper selection of software may result in wrong strategic decisions with subsequent economic loss to the organization. While many published software selection methodologies exist, they relate to a traditional non-agile approach. As seen in traditional non-agile software development, issues occur due to the waterfall-like processed used. While agile has been used in software development to ease or eliminate issues related to waterfall, agile has been expanded to other domains. This dissertation conducts an investigation into the software selection process by use of a survey and case study to show that most organizations select software in a traditional non-agile manner. The survey and case study uncover common issues organizations face when selecting software using the traditional non-agile approach. The issues that occur during the software selection are the same issues that occur during a traditional non-agile software development project. This study concludes with an agile simulation of how issues from the case study could be eased or eliminated if it was conducted in an agile manner. The study provides techniques that could be applied to software selection to eliminate products sooner in the evaluation to select a quality product that aligns with the goals and needs of an organization
Troubled Water: An Examination of the NPDES Permit Shield
Get PDFIn this comment I argue for a narrow interpretation of the Clean Water Act (CWA) permit shield by analyzing the recent federal cases addressing the shield’s scope. A narrow interpretation calls for a greater level of compliance and disclosure on behalf of the permit holder in order to invoke the shield’s protection. This argument also includes a higher standard of “reasonable contemplation” of pollutants on the part of the regulator. The first section of this comment gives a brief background of the CWA, the National Pollutant Discharge Elimination System (NPDES), and the permit shield provision. The next section presents the Environmental Protection Agency’s (EPA) policy on the shield, and introduces foundational case law. The comment then provides an overview of the issues and court decisions that have governed the recent debate over the scope of the permit shield. Lastly, the comment considers the important implications of the court decisions and the underlying arguments surrounding the dispute. Ultimately, I find that a narrow construction should apply because this interpretation adheres most closely to the fundamental premise of the CWA—to protect the waters of the United States
Public perceptions of the favelas in Rio de Janeiro: a post World Cup 2014 and pre 2016 Olympics Assessment
Get PDFThis research assesses public perception of the favelas of Rio de Janeiro following the awarding of the bids for both the 2014 World Cup and 2016 Olympics. In preparation of these mega sports events, Rio has been challenged to improve infrastructure, build Olympic venues and reduce crime in the favelas. The purpose of the research is to collect data on the perceptions of potential visitors to Brazil, specifically, Rio de Janeiro to determine if the preparation for and hosting of the mega sports events is changing the image of the favelas
Managers as Agents Versus Angels: An Agency Theory Paradox of Corporate Social Responsibility, Bankruptcy, and Recovery
No full textThis dissertation focuses on the effects of corporate social responsibility (CSR) on bankruptcy outcomes and on the length of time it takes a firm to exit from Chapter 11 bankruptcy. Bankruptcy is a critical stage for any firm that has not been able to minimize the effects of financial distress and, consequently, has elected to seek protection under Chapter 11 of the bankruptcy laws. I not only analyze the effects of CSR on financial failure but also examine the effects of the level of a firm’s CSR commitment on its survival and liquidation probabilities after filing for reorganization under Chapter 11. I also explore the moderation and mediation effects of available slack on the relationship between CSR and bankruptcy given that slack resources are needed for a firm’s sustained CSR efforts. Further, I examine the association between a firm’s commitment to CSR and the length of the recovery process.Filing for bankruptcy is a response to the critical deterioration of a firm’s financial performance and asset values, which can result from either financial or economic distress (Bhattacharjee, Higson, Holly & Kattuman, 2009). While the former results from management’s actions in running the internal operations of the firm, the latter is entirely external, as it depends on market conditions and the overall external economic environment (Oxelheim and Wihlborg, 2009).Bankruptcy, whether due to financial or economic factors, or both, is a critical situation—with which managers are typically not familiar—that negatively influences the normal development of business. Bankruptcy adversely affects not only the financial performance and the economic value of the firm but also the relationships among the firm’s internal and external stakeholders. Moreover, a firm’s financial and operational deterioration, eventual bankruptcy filing, and the unsuccessful termination of bankruptcy proceedings (in the case of a liquidation of the firm) destroys value not only for the owners but also for all parties with an interest in the firm’s business. Even in the case of a successful recovery, bankruptcy has long-lasting negative effects on the reputation of the firm and the responsible managers.When a firm is under financial distress, managers appear to do “wrong” if they divert critical resources or restricted levels of organizational slack away from the core business in order to continue the firm’s CSR activities. However, in an agency theory paradox, these “bad” managers’ wrongful pre-bankruptcy CSR commitments become “good” deeds in hindsight because of the delayed “angel” or “steward” effect they have during the process of the firm’s recovery from Chapter 11. Rupp, Williams and Aguilera (2006) describe this relationship in their paper where they theorize that “stakeholders not only react to how they see the firm treating them but also hold organizations accountable for the treatment of other stakeholder groups.” Thus, the “bad but selfless” pre-bankruptcy manager’s behavior prepares the firm for the subsequent financial turnaround because the commitment to CSR, even during periods of critical financial distress, helps the firm to retain the support of key stakeholders for the positive resolution of a Chapter 11 filing.I found that a firm’s continued commitment to CSR while going through periods of financial distress is an accelerator of financial failure or Chapter 11 filing and, simultaneously, a facilitator of a firm’s eventual recovery from bankruptcy. Further, I found that CSR decreases a firm’s likelihood of liquidation and increases its likelihood of recovery from Chapter 11 bankruptcy. Lastly, I found that there is a positive association between commitment to CSR and the length time from a firm’s filing for bankruptcy to the court’s approval of a reorganization plan
