The Intersection of Law and Ethics – at 600 Grant Street, Pittsburgh, PA: Is it Ethical to Assert a Legal Technicality to Avoid Liability for a Debt Created by Fraud?

A considerable literature exists regard-ing the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper."This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the application of those rules. More specifically, it asks whether the assertion of the technical doctrine known as "holder in due course," and the denial of that status in some cases, promotes ethical behavior in the marketplace. By examining the circumstances of one case, involving a substantial investment and a large bank, I hope to shed some light on how the legal and ethical rules do in fact "intersect."     

Acquisition of Additional Equity Capital by Small Firms – Findings from the National Survey of Small Business Finances

While the importance of venture capital to the growth of small firms has been widely discussed during the past decade, little is known about the acquisition of additional equity capital, especially internal equity capital, by the majority of small firms in the U.S. This paper utilizes the information collected in the Federal Reserve Board’s 1993 and 1998 Small Business Finance Surveys to investigate the acquisition of additional equity capital by small firms. While the importance of public issue markets and venture capital investment in promoting the growth of small dynamic firms cannot be denied, the importance of external equity capital seems to be overstated. Only a very small number of small firms acquired additional external equity capital. It is the internal equity capital, not external, equity, that is one of the major financing sources for most small firms. We found that younger, lower quality firms were more likely to acquire additional internal equity capital than other firms. There appeared to be a “pecking order” of borrowing from internal sources to traditional lenders to non-traditional lenders. In addition, internal equity capital and debt acquired from traditional and non-traditional lenders appeared to be complementary financial resources.     

Deception in Computer-Mediated Communication

An integrated model of interpersonal deception, focusing on the particular characteristics and impacts of computer-mediated modalities, is derived and presented. Although there is a wealth of research investigating both mediated communication and deception, there has been relatively little empirical work at the intersection. Our purpose is to provide a model that spans these areas, to summarize relevant literature, and to advance a set of empirically testable propositions to guide future work.     

An evaluation of ecotourism in Amazonas, Brazil

Registered “ecotour” lodges were studied using observation and interviews with visitors, employees, and local people. Findings were evaluated using proposed ecotourism principles. Besides providing employment, lodges improve access, stimulate new services (health utilities, etc.), and make valued but limited local purchases. In other ways, lodges fall short of the ideals inherent in the principles. They contribute little to conservation education, resource protection, or the involvement and empowerment of local people. Tourists wish to see and would support conservation and community development programs both financially and via their future selection of ecotour operators. Numerous implications for concessions, protected area management, and rural development in Amazonas are discussed.     

Downsizing and Stakeholder Orientation Among the Fortune 500: Does Family Ownership Matter?

While downsizing has been widely studied, its connection to firm ownership status and the reasons behind it are missing from extant research. We explore the relationship between downsizing and family ownership status among Fortune 500 firms. We␣propose that family firms downsize less than non-family firms, irrespective of performance, because their relationship with employees is based on normative commitments rather than financial performance alone. We suggest that their actions are related to employee- and community-friendly policies. We find that family businesses do downsize less irrespective of financial performance considerations. However, their actions are not related to their employee- or community-friendly practices. The results raise issues related to the motivations of large multinationals to␣downsize and the drivers of their stakeholder management practices. Eleni T. Stavrou is an Assistant Professor of Management and Organization at the Department of Public and Business Administration of the University of Cyprus. She received her Ph.D. in Management and Organization from George Washington University, USA. Her work has been published in various academic journals including Entrepreneurship Theory and Practice, Journal of Applied Social Psychology, Journal of Organizational Behavior, Journal of Small Business Management, International Small Business Journal and Journal of European Industrial Training. Her research interests are: flexibility at work, strategic human resource management, succession planning, group and family dynamics, intergenerational transitions, and organizational culture. George I. Kassinis is an Assistant Professor of Management at the Department of Public and Business Administration of the University of Cyprus. He received his Ph.D. from Princeton University, USA. His work has been published in various academic journals including the Academy of Management Journal, Production and Operations Management and Strategic Management Journal. His research focuses on stakeholders, organizations and the natural environment, environmental management issues in services, social networks, and industrial ecology. He serves on the editorial board of Organisation Studies. Alexis Filotheou holds an MSc in Finance from the University of Cyprus and is currently employed in the private sector in Cyprus.     

Government Public Policy, Regulatory Intervention, and Their Impact on IPO Underpricing: The Case of Malaysian IPOs

This study examines the impact of government initial public offering (IPO) regulation intending on promoting public policy. The study examines the results of the implementation of a Malaysian government policy in 1976, which mandated that at least 30 percent of any new shares on an IPO offer be sold to the indigenous Bumiputera population or to mutual funds owned by them. The study examined the short-run and long-run underpricing of Malaysian IPOs and found that Malaysian IPOs are highly underpriced compared to IPOs in developing countries, creating a market microstructure effect. It also confirmed that the Malaysian government's regulatory intervention in spite of noble public policy intentions appeared to be the significant factor for the emergence of an average first-day underpricing increase of Malaysian IPOs by 61 percent during the period after the regulatory economic policy was instituted. Furthermore, the study found that this high underpricing persists even for the long run, in contrast to the long-run performance of IPOs in the United States.     

Incrementality of SME Loan Guarantees

In many countries, loan guarantee programs are important elements of government policy with respect to small- and medium-sized enterprises (SMEs). If loan guarantee schemes are to be effective, a majority of firms obtaining assistance through such a scheme ought not to be able to obtain financing from existing sources: a property known as incrementality or additionality. This paper describes a new approach to measuring incrementality. This work uses a two-stage process to estimate the incrementality of loans made under the terms of the Canada Small Business Financing (CSBF) program. First, a logistic regression-based model of loan outcomes (essentially a credit-scoring model) is estimated based on a large representative sample of SMEs. The resulting model was consistent with prior expectations and exhibited high levels of goodness-of-fit. The model was then employed to classify a sample of firms that had received loans under the terms of the loan guarantee scheme. Incremental loans ought to be classified as “turndowns” by the model; hence the proportion of loan guarantee recipients that the model classified as turndowns is a direct measure of incrementality. For the CSBF loan guarantee program incrementality was estimated (with 95% confidence) as 74.8±9.0%.