Business Law Assistant Professor Stephen Park was awarded the Distinguished Early Career Faculty Award by the Academy of Legal Studies in Business (ALSB) at the 2017 annual conference in Savannah, Georgia in August. Continue Reading
Business Law
Puerto Rico’s Debt Dilemma and Pathways Toward Sovereign Solvency
American Business Law Journal, Vol. 54, No. 1, 2017
Puerto Rico, as a quasi-sovereign U.S. territory, is confronting a debt crisis of unparalleled legal complexity. This article analyzes the collective action problems in sovereign debt finance in the context of Puerto Rico’s quasi-sovereign debt dilemma. We examine how sovereign debtors engage with their private creditors in the absence of a formal bankruptcy regime and show how various legal incentives, imperatives, and constraints shape the degree and form of creditor engagement. Drawing on this conceptual framework, this article analyzes the role of these factors in the market-based debt restructuring by the Puerto Rico Electric Power Authority (PREPA) and hypothesizes how these factors may influence the statutory restructuring process underway under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). Despite the idiosyncratic aspects of Puerto Rico’s debt crisis, the potential pathways for debtor-creditor cooperation in Puerto Rico provide valuable insights on the various ways that law influences debtor-creditor cooperation in sovereign debt finance beyond the enforcement of state-based public regulation and contract-based private legal commitments. Full article.
Using Proactive Legal Strategies for Corporate Environmental Sustainability
Berger-Walliser, G., Shrivastava, P., Sulkowski, A. Using Proactive Legal Strategies for Corporate Environmental Sustainability. 6 Michigan Journal of Environmental and Administrative Law, 1-36 (2016). Date Published: June 2017
We argue that proactive law can help organizations be more sustainable. Toward that end, this Article first summarizes proactive law literature as it pertains to corporate sustainability. Next, it examines a series of cases on the pivotal nexus between proactive law and corporate sustainability. It then advances novel propositions that connect proactive law to central organizational design elements. The discussion traces further implications and suggests fruitful avenues for research and ways of using proactive law for firms to become more sustainable. Full article.
From Visualization to Legal Design: A Collaborative and Creative Process
American Business Law Journal, Vol. 54, No. 2, Summer 2017, p. 347-392
Although the law remains predominately focused on the written word, a growing body of scholarship and legal practice reflect a dramatic increase in the use of visualization in virtually every legal context. Three starting assumptions underpin our ideas of implementing visualization ideas and techniques into what we call “Legal Design” that may aid contract simplification:
First, we examine the use of images in business documents and in statutes, rather than for advocacy. Moving away from adversarial settings offers several advantages. It permits us to illustrate the use of images in a broader range of practical legal applications. It also enables us to adopt the thinking, values, and methods of a non-traditional approach to lawyering and the law: “Preventive Law” or “Proactive Law” (combined here as “PPL”). Second, we offer guidelines for using images in conjunction with words rather than in isolation, since the law only rarely abandons its verbal expression. Realistically, visualization is almost always used in hybrid ways — combinations of words and images to enhance the effectiveness of communication. That seems unlikely to change, given the need for detail and refinement when the law is imposing duties on people. Finally, our method analyzes variables surrounding choices and consequences about the process of generating, transmitting, and using images to accompany legal language. Examining this dynamic can deepen our understanding of the information conveyed; it can also reveal the potential of visualization for creating spillover value for businesses or regulatory agencies that employ the images to advance legal and organizational effectiveness. Full article.
Precarious Work: The Need for Flextime Employment Rights and Proposals for Reform
Berkeley Journal of Employment & Labor Law, Vol. 37, Issue 1 (2016)
Millions of Americans are under intense pressure to balance work and family responsibilities. The feeling of overwork is rampant, with nearly half of employees feeling overworked or overwhelmed by their workplace responsibilities. This Article argues for a suite of legal protections that would allow working families, especially single-parent and low-income families, basic access to the rights and protections of flexible work. These protections include amending FLSA rides to better protect non-exempt workers from intrusions into their non-working time, as well as expanding the use of the FMLA to encourage more use of flexible leave. This article also recommends adoption of right-to-request legislation, enabling employees to request a flexible schedule and have that request meaningfully evaluated by their employer without fear of retaliation. Full article.
Turning Corporate Compliance into Competitive Advantage
University of Pennsylvania Journal of Business Law, Vol. 19, No.2 (2017)
Compliance is a core concern for corporate governance. Firms devote tremendous amounts of money, personnel, and attention to ensure compliance with regulatory mandates — and yet compliance failures proliferate. This is because the current static and binary view of compliance hinders both efficient compliance by firms and effective regulation by government. Understanding the reality that compliance is both dynamic and driven by efficiency empowers firms to evolve past mere conformance and into wealth maximizing innovation. This Article develops an efficient investment-risk (EIR) model of compliance that captures the tradeoffs between cost and risk, parses the oft-commingled concepts of technical efficiency and allocative efficiency, and enables firms to obtain a competitive advantage through compliance. We also turn our attention to regulators, and highlight how the EIR model can enhance regulatory design, foster regulator-firm cooperation, and advance the mutual goals of business and society. Full article.
Three Marketing Professors to Retire
School of Business Wishes a Happy Future to Professors Carrafiello, Spiggle and Ross
Kayaking in South Carolina, reading, gardening and tackling new research projects are on the retirement ‘to-do’ lists of three prominent Marketing Department professors.
This year’s three School of Business retirees all hail from the Marketing Department, and include: Continue Reading
Seven Business Faculty Honored
Professor Reilly Recognized for Remarkable Research; Peers Honored for Teaching Strategies
Management Professor Greg Reilly earned the School of Business’ annual award for Research Excellence, an achievement that is based on five years of academic success. Continue Reading
Dean’s Annual Report 2016
Transforming Futures
In describing the UConn School of Business at this moment, 76 years into its accomplished history, the word “engaged” captures the essence. Our students, faculty and staff are engaged with each other, with our alumni, with the corporate community and with the University.
The School’s growth has been extraordinary, both in terms of enrollment and creating and maintaining vibrant, effective and relevant academic programs. We are transforming the future—of our students, our state, our industries and our world. There is much to celebrate.
We invite you to read the 2016 Dean’s Annual Report.
Special Economic Zones and the Perpetual Pluralism of Global Trade and Labor Migration
Georgetown Journal of International Law, Vol. 47, No.4 (2016)
When we think about the legal drivers of globalization, why does the free movement of people lag so far behind the free movement of goods and services? While agreements to lower barriers to cross-border trade are enforced by global legal rules and institutions, national governments indisputably control and limit cross-border labor migration. However, the relationship between trade and labor migration in international law is anything but clear-cut and simple. Rather, as this Article shows, it is ad hoc, decentralized, and pluralistic. This Article focuses on the use of Special Economic Zones (SEZs) as an illuminating example. SEZs enable countries to selectively open borders to higher-skilled foreign workers while maximizing economic returns and minimizing socio-political costs. While advantageous to individual countries, this Article argues that the pluralistic status quo hinders comprehensive initiatives to harmonize the liberalization of trade and labor and promote freedom of movement in international labor markets. Full article.