SBANC Newsletter

December 13, 2005

Issue 402-2005

QUOTE

"The greatest glory in living lies not in never falling, but in rising every time we fall."

     --
Nelson Mandela

 


FEATURE PAPER

The Effect of Punishment on Ethical Behavior When Personal Gain is Involved

This paper was presented by Kathleen Gurley, Paula Wood, and Inder Nijhawan of Fayetteville State University at the 2005 Allied Academies Conference in Las Vegas, Nevada.

Abstract
With the recent onslaught of accounting frauds, the nature of unethical decision making in organizations has shifted from the lack of sensitivity for the ethical aspects of decisions to one where executives have used their positional power for personal gain. Congress reacted with stiffer laws and punishments, raising the question of the role of punishment in deterring corporate crime. This study investigates the effect of four variables, valence of the outcome, probability of getting caught, severity of punishment, and moral values, on ethical decision making. A survey with six ethical scenarios was administered in three different classes resulting in 115 completed surveys. Students were asked to select the scenario option they would actually do in the situation and to rate how significant the four variables were in their decision. The responses for the six scenarios were combined and analyzed using linear regression. Three of the four variables were significant in explaining the variance in selection of the ethical option. Moral values explained the most variance with severity of punishment being second and valence of the outcome third. This study contributes to the ethics literature by demonstrating the importance of punishment in supporting a person’s choice of the ethical option.

Introduction
The corporate problems with unethical decision making have changed in nature over the years from issues related to product safety, environmental impact, and misleading marketing to more obvious uses of corporate power for personal gain. In the last six months we have seen two CEOs prosecuted and sentenced to jail terms for misuse of corporate funds, misleading investors, and misrepresenting financial results. Prior to these prosecutions, examples of unethical decision making at Enron, Tyco, WorldCom, and others have been attributed to a climate where executives have come to believe they are above the law (Bianco, Symonds, & Byrnes, 2002).

In response to the continuing corporate scandals, Congress passed the Sarbanes-Oxley Act, which was signed by President Bush in the summer of 1992. This act, along with the US Sentencing Guideline Amendments and the Department of Justice Principles of Federal Prosecution of Business Organizations, was passed to foster greater financial accuracy and curb corporate malfeasance. These actions demonstrate the first attempt to govern corporate conduct by imposing criminal liability directly on executives for investor fraud. These steps by the government are based on the belief that greater apprehension, prosecution, and punishment will deter these acts of unethical behavior (Imperato, 2005).

Much of the previous research on ethical behavior has taken the perspective of increasing cognitive moral development, raising sensitivity to ethical issues, and improving moral judgment; but much less attention has been paid to the impact that punishment and prosecution has on moral motivation.

Read the Entire Paper...

 

 

CONFERENCES

International Business and Economy
Who: International Business and Economy
What:

Fifth International Business and Economy Conference

Where: Sheraton Waikiki Beach Resort Hotel in Honolulu, Hawaii
When: January 5-8, 2006

IPSI 2006 - CALIFORNIA
Who: Internet, Processing, Systems, and Interdisciplinary (Research)
What:

IPSI 2006 - CALIFORNIA

Where: Hotel Stanford Terrace in Palo Alto, California
When: January 8-11, 2006

Common Ground
Who:
Common Ground
What:

The Second International Conference on Environmental, Cultural, Economic and Social Sustainability

Where: Hanoi and Ha Long Bay, Vietnam
When: January 9-12, 2006

USASBE/SBI
Who: United States Association for Small Business and Entrepreneurship/Small Business Institute
What:

USASBE/SBI 2006 Joint Conference

Where: USASBE/SBI 2006 Joint Conference
When: January 12-15, 2006

IBM
Who: IBM
What:

Lotusphere 2006

Where: Walt Disney World Swan & Dolphin Resorts Orlando, Florida
When: January 22-26, 2006


CALLS FOR PAPERS

Institute for Entrepreneurship and Small Business Management
Who: Institute for Entrepreneurship and Small Business Management
What:

8th International Conference, "STIQE"

Where: Maribor, Slovenia
When: June 28-30, 2006

Submission Deadline:
January 10, 2006


International Council for Small Business
Who: International Council for Small Business (ICSB)
What:

51st World Conference

Where:  Melbourne, Australia
When: June 18-21, 2006

Submission Deadline:
January 15, 2006


6th Annual Hawaii International Conference on Business
Who: --
What:

6th Annual Hawaii International Conference on Business

Where:  Waikiki Beach Marriott Hotel in Honolulu, Hawaii
When: May 25-28, 2006

Submission Deadline:
January 19, 2006


Schlegel Center for Entrepreneurship
Who:
Schlegel Center for Entrepreneurship
What:

2006 Family Enterprise Research Conference (FERC)

Where:  Sheraton on the Falls in Niagara Falls, Ontario, Canada
When: April 28-30, 2006

Submission Deadline:
January 31, 2006


Institute for Business and Finance Research (IBFR)
Who: Institute for Business and Finance Research (IBFR)
What:

The 2006 Global Conference on Business and Finance (GCBF)

Where: Hotel Herradura: Golf Resort and Conference Center in San Jose, Costa Rica
When: May 31-June 3, 2006

Submission Deadline:
March 17, 2006

TIP OF THE WEEK

The Use of Lawyers: Executive Summary

  • Despite frequent policy disputes with parts of the legal profession, 69 percent of small-business owners say that they have trust and confidence in lawyers and the legal profession compared to 31 percent who do not.
  • Most small-business owners use lawyers in a given year. Sixty-five (65) percent of small employers (defined as employing 5 to 250 people) sought advice or other assistance from a lawyer in the last year. The figure for those seeking legal help rises to 78 percent when the reference period is the last three years.
  • Median legal expenses, of those who incurred them in the last year, were between $4,000 and $5,000. However, 10 percent (6-7 percent of the population) incurred expenses of $25,000 or more. Legal costs in the last year appear to be atypically high.
  • Seventy-eight (78) percent claim to have an on-going relationship with a lawyer or law firm. Those relationships appear reasonably stable over time. Just 13 percent changed their primary lawyer/law firm in the last three years. The most frequently cited reason for changing is the need for expertise followed by a lack of legal competence.
  • Fifty-five (55) percent of those who consulted a lawyer in the last year asked him/her to prepare one or more legal documents. The most frequent documents prepared include a letter(s), contract(s), and papers surrounding the filing of, or response to, an actual or potential lawsuit.
  • Forty-one (41) percent of those seeking a lawyer's help or over one in four in the population were involved in at least one legal dispute during the last three years. The median number of disputes involved in was between one and two.
  • Overwhelmingly, most disputes are resolved informally out-of-court. A less frequent, but common method of out-of-court settlement is more formal arbitration/mediation. Only 12 percent of legal disputes between small-business owners and other parties are resolved in court, the least frequent method of dispute resolution.
  • A substantial portion of legal disputes appear to have modest stakes. The most frequent topics are debtor/creditor relations and/or debt collection (21%), and contracts (19%). The most frequent party to these disputes are customers (47%) followed by suppliers (25%). The median total legal cost to settle a dispute is about $5,000. Two-thirds of resolved disputes result in no money or anything of monetary value exchanging hands.
  • Legal disputes often require considerable time to resolve. The median time between engagement of a lawyer to handle a dispute and its resolution is four to five months. However, 30 percent took more than one year to settle while 16 percent took more than two years.
  • Twice as many small-business owners are satisfied with the resolution of a legal dispute as are dissatisfied suggesting that small-business owners are on balance pleased with the performances of their lawyers.

 

"Executive Summary." Ed. William J. Dennis. National Small Business Poll 5.1 (2005): 1.

 

 

ANNOUNCEMENTS

Winter Break at SBANC

This is the last SBANC Newsletter of 2005. You will receive our next newsletter on Tuesday, January 10, 2006.
SBANC will be closed from December 17, 2005 to January 8, 2006. The center will open again on Monday, January 9, 2006.
We wish you and your family a safe and happy holiday season.

 

The SBANC Newsletter is provided as a service to the members of our affiliates: Academy of Collegiate Marketing Educators (ACME), Association for Small Business & Entrepreneurship (ASBE), Decision Sciences Institute (DSI), Federation of Business Disciplines (FBD), International Council for Small Business Congress (ICSBC), Institute for Supply Management, The International Small Business Congress (ISBC), Marketing Management Association (MMA), Small Business Administration (SBA), Service Corps of Retired Executives, Small Business Institute (SBI), Society for Marketing Advances (SMA), United States Association for Small Business & Entrepreneurship (USASBE), U.S. Department of Veterans Affairs and Western Decision Sciences Institute (WDSI). If you are interested in membership or would like further information on one of our affiliates, please see our web site at http://www.sbaer.uca.edu

 

 

SBANC STAFF

Main Office Phone: (501) 450-5300

Dr. Don B. Bradley III, Executive Director of SBANC & Professor of Marketing;
Direct Phone: (501) 450-5345

Esther Mead, Graduate Research

Ashley Ford, Development Intern

Olivia Johnson, Development Intern

Garion McCoy, Development Intern

Brandon Tabor, Development Intern

 

 

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Small Business Advancement National Center - University of Central Arkansas
College of Business Administration - UCA Box 5018 201 Donaghey Avenue
Conway, AR 72035-0001
- Phone (501) 450-5300 - FAX (501) 450-5360