Law and Ethics Recent Research

Miguel Alzola, Forthcoming, “Intentions, Loyalty, and Rewards: Normative Studies of Whistleblowing,” Business and Professional Ethics Journal.

Kenneth R. Davis, Forthcoming, “A Farewell to Harms: Rethinking the Injury Requirements of Title VII,” 61 Harv. J. on Legis.

Kenneth R. Davis, Forthcoming, “Last Rights: A Theory of Individual Impact,” 88 Brook. Rev.

Brent J. Horton, Forthcoming, “Direct Listings and the Weakening of Investor Protections,” 50 Fla. St. U. L. Rev.

Santiago Mejia, Forthcoming, “The Normative and Cultural Dimension of Work: Technological Unemployment as a Cultural Threat to a Meaningful Life," Journal of Business Ethics.

Santiago Mejia, Forthcoming, “Fiduciary Duties and Moral Obligations to Third Parties; a Reflection Through Shareholder Primacy," Research Handbook on Corporate Governance and Ethics.

Mark A. Conrad, 2022, “Fake News, Personal Attacks, and Ideological Media Run Amok – It is Time for Fairness Doctrine 2.0,” 3 21 Va. J. of Ent. & Sports L. 76.

Mark A. Conrad, 2022, “Non-Fungible Tokens, Sports and Intellectual Property Law Issues – A Case Study Applying Copyright, Trademark and Right of Publicity Law to a Non-Traditional Ownership Vehicle,” 32 J. of Legal Aspects of Sport 1.

Mark A. Conrad, 2022, Epic Games v. Apple, Ninth Circuit Court of Appeals, Nos. 21-16506 & 21-16695. Brief by 38 Law, Economics, and Business Professors in Support of Appellant/Cross-Appellee.

Elizabeth Cosenza, Brief of Amici Curiae Former SEC Officials and Law Professors in Support of Defendants-Appellants: In re Goldman Sachs Group, Inc. Securities Litigation, Case 22-484 (2d Cir. May 18, 2022).

Santiago Mejia, 2022, “Socratic Ignorance and Business Ethics," Journal of Business Ethics, 175.3, 537–553.

Santiago Mejia and Joshua A. Skorburg, 2022, “Malleable Character: Organizational Behavior Meets Virtue Ethics and Situationism," Philosophical Studies, 179.12, 3535–3563.

Santiago Mejia and Dominique Nikolaidis, 2022, “Through New Eyes: Artificial Intelligence, Technological Unemployment, and Transhumanism in Kazuo Ishiguro’s Klara and the Sun," Journal of Business Ethics, 178.1, 303-306.

Santiago Mejia and A-J Aronstein, 2022, “Why We Need Humanities in Business: Complexity, Uncertainty, and Ambiguity," Humanizing Business: What Humanities Can Say to Business, 473–487.

Mark A. Conrad, 2021, NCAA v. Alston, Supreme Court of the United States, Nos. 20-512, 20-520 -- Brief by 65 Professors of Law, Business, Economics and Sports Management in Support of Respondents (submitted March 9, 2021). Brief cited in opinion, ___U.S. ___ at p. 25.

Mark A. Conrad, 2021, “The Covid-19 Pandemic, The Empowering Olympic, Paralympic and Amateur Athletes Act, and the Dawn of a New Age of U.S. Olympic Reform,” 31 J. of Legal Aspects of Sports.

Elizabeth Cosenza, Brief for Former SEC Officials and Law Professors as Amici Curiae in Support of Petitioners: In re Goldman Sachs Group, Inc. Securities Litigation, Case 21-3105 (2d. Cir. Dec. 29, 2021).

Elizabeth Cosenza, Brief for Former SEC Officials and Law Professors as Amici Curiae in Support of Petitioners: In re Goldman Sachs Group, Inc. Securities Litigation, Case 20-222 (Sup. Ct. Feb. 1, 2021).

Kenneth R. Davis, 2021, “The Invisible Ban: Negligent Disparate Impact,” 70 Am. U. L. Rev. 1879.

Brent J. Horton, 2019, “The "Significant Social Policy Issue" Exception To The Business Judgment Rule,” 52 Seton Hall L. Rev. 59.

Kevin T. Jackson, 2021, “Fostering a Culture of Academic Integrity in Our Business School,” Public Discourse (September 7). 

Santiago Mejia, 2021, “Managers Should Satisfy Only the Ethically Permissible Preferences of Shareholders," Promarket (Oct 12).

Santiago Mejia, 2021, “The Peculiar Nature of the Duty to Help During a Pandemic," Business Ethics Journal Review, 9.2, 8–13.

Santiago Mejia, 2021, “Which Duties of Beneficence Should Agents Discharge on Behalf of Principals? A Reflection Through Shareholder Primacy," Business Ethics Quarterly, 31.3, 421–449.

Miguel Alzola, Alicia Hennig, and Edward Romar, 2020, “Virtue Ethics Between East and West,” Journal of Business Ethics.

Mark A. Conrad, 2020, “Should Athletes Have Publicity Rights in Their Statistics? Daniels v. FanDuel and the Subjugation of Athletes' Statistics in the Fantasy Sports-Gambling Era,” 38 Cardozo Arts & Ent. L. Rev. 1.

Elizabeth Cosenza, Brief for Former SEC Officials and Law Professors as Amici Curiae in Support of Certiorari Petition: In re Goldman Sachs Group, Inc. Securities Litigation, Case 20-222 (Sup. Ct. Sept. 24, 2020).

Elizabeth Cosenza, Brief for Former SEC Officials and Law Professors as Amici Curiae in Support of Petitioners: In re Goldman Sachs Group, Inc. Securities Litigation, Case 18-2557 (2d Cir. forthcoming May 19, 2020).

Kenneth R. Davis, 2020, “The ‘Severe and Pervers-ive’ Standard of Sexual Harassment Law: Behold the Motivating Factor Test,” 72 Rutgers L. Rev.

Brent J. Horton, 2020, “Terra Incognita: Applying The Entire Fairness Standard Of Review To Benefit Corporations,” 22 U. Penn. J. Bus. L. 842.

Miguel Alzola, 2019, “Even When No One Is Watching: The Moral Psychology of Corporate Reputation,” Business and Society, 58(6), 1267-1301.

Mark A. Conrad, 2019, “A New Game in Town: Disseminating Sports Content in a Net Neutrality-Less Era – the Potential Implications for the Post-Broadcasting World,” Journal of Legal Aspects of Sports, 29(1), 1-29.

Elizabeth Cosenza, Amici Curiae in Support of Petitioners: In re Goldman Sachs Group, Inc. Securities Litigation, Case 18-2557 (2d Cir. February 23, 2019).

Brent J. Horton, 2019, “Malign Manipulations: Can Google's Shareholders Save Democracy?” 54 Wake Forest L. Rev., 707.

Brent J. Horton, 2019, “Spotify's Direct Listing: Is it a Recipe for Gatekeeper Failure,” 72 SMU L. Rev., 177. 

Brent J. Horton, 2019, “Rising to Their Full Potential: How a Uniform Disclosure Regime Will Empower Benefit Corporations,” 9 Harvard Business Law Review, 101. 

Kevin T. Jackson, 2019, “The Mind of a Leader,” Review of Hougaard and Carter, The Mind of the Leader, Journal of Business Ethics, 159(3), 927-934.

Kevin T. Jackson, 2019, “Mindful Business Leadership,” Public Disclosure, (December).

Santiago Mejia, 2019, “Weeding Out Flawed Versions of Shareholder Theory. A Reflection on the Moral Obligations That Carry over from Principals to Agents," Business Ethics Quarterly, 29(4), 519-544.

Santiago Mejia, 2019, “The Moral Imperatives of Humanistic Management," Humanistic Management Journal, 4, 155–158.

Santiago Mejia and Dawn Lerman, 2019, “Positive Marketing, Virtue, and Happiness," The Routledge Handbook of Positive Communication, 151–159.

Tae Wan Kim and Santiago Mejia, 2019, “From Artificial Intelligence to Artificial Wisdom: What Socrates Teaches Us,” IEEE Computer, 52, 10.

Miguel Alzola, 2018, “Decent Work: The Moral Status of Labor in Human Resource Management,” Journal of Business Ethics, 147(4), 835–853.

Mark A. Conrad, 2018, “Matal v. Tam – A Victory for The Slants, a Touchdown for the Redskins, but an Ambiguous Journey for the First Amendment and Trademark Law,” Cardozo Arts and Entertainment Law Journal, 36.

Elizabeth Cosenza, Brief for Former SEC Officials and Law Professors as Amici Curiae in Support of Petition for Permission to Appeal:  In re Goldman Sachs Group, Inc. Securities Litigation, Case 18-2557 (2d Cir. September 4, 2018).

Elizabeth Cosenza, Brief for Former SEC Officials and Law Professors as Amici Curiae in Support of Petitioners:  In re Barclays Bank PLC Securities Litigation, Case 17-1209 (Sup. Ct. March 2018).

Kenneth R. Davis, 2018, “Strong Medicine: Fighting the Sexual Harassment Pandemic,” Ohio State Law Journal, 79, 1058-1100.

Kevin T. Jackson, 2018, “Interpreting the Virtues of Mindfulness and Compassion: Contemplative Practices and Virtue-Oriented Business Ethics,” Humanistic Management Journal, 3(1), 47-69.

Kevin T. Jackson, 2018, “The Cosmic Gamemaker,” First Things (May 3).

Kevin T. Jackson, 2018, ““If the Dalai Lama Ran General Mills,” Public Discourse (December).

Kevin T. Jackson, 2018, “Mindful Work,” Journal of Management, Spirituality and Religion, 15(3), 277-281.

Miguel Alzola, 2017, “Beware of the Watchdog. Gatekeepers and the Problem of Role Morality,” Journal of Business Ethics, 140(4), 705-721.

Elizabeth Cosenza, Brief of Amici Curiae Law Professors in Support of Petitioners: Cyan, Inc. et al., v. Beaver County Employees Retirement Fund, et al. (Sup. Ct. September 5, 2017).

Elizabeth Cosenza, Brief of Amici Curiae Law Professors and Former SEC Officials in Support of Petition for Permission to Appeal Pursuant to Fed. R. Civ. P. 23(f): In re Big Lots, Inc. Securities Litigation, Case 17-303 (6th Cir. April 7, 2017).

Elizabeth Cosenza, Brief of Amici Curiae Law Professors and Former SEC Officials in Support of Defendants-Appellants: In re Intuitive Surgical Securities Litigation, Case 17-80001, (9th Cir. January 17, 2017).

Kenneth R. Davis, 2017, “The Equality Principle: How Title VII Can Save Insider Trading Law,” Cardozo Law Review, 39, 200.

Brent J. Horton, 2017, “In Defense of a Federally Mandated Disclosure System: Observing Pre-Securities Act Prospectuses,” American Business Law Journal, 54(4), 743-806.

Kevin T. Jackson, 2017, “Music and Virtuosity: A Higher Vision for Business,” Humanistic Management Journal, 2(1), 15-36.

Brent J. Horton, 2016, “Modifying Fiduciary Duties In Delaware: Observing Ten Years Of Decisional Law,” 40 DEL. J. CORP. L. 921.

Elizabeth Cosenza, 2016, “The Persistent Problem of Multi-Forum Shareholder Litigation: A Proposed Statutory Response to Reshuffle the Deck,” Virginia Law & Business Review, 10 Va. L. & Bus. Rev. 413.

Elizabeth Cosenza, 2016, Brief for Amici Curiae Former SEC Officials and Law Professors in Support of Defendants-Appellant: In re Barclays Bank PLC Securities Litigation, Case 16-1912 (2d Cir. Aug. 1, 2016)

Elizabeth Cosenza, 2016, Brief of Amicus Curiae Professors and Former Commissioners and Officials of the United States Securities and Exchange Commission in Support of Defendants-Appellants: In re Petrobras Securities Litigation, Case 16-1914 (2d Cir. July 28, 2016)

Elizabeth Cosenza, 2016, Brief of Amici Curiae Law Professors in Support of Petitioners: Cyan, Inc. et al., v. Beaver County Employees Retirement Fund, et al. (Sup. Ct. June 26, 2016)

Kenneth R. Davis, 2016, “Insider Trading Flaw: A Fraud-on-the-Market Theory and Beyond,” American University Law Review, 66(1), 51-89.

Kevin T. Jackson, 2016, “Cosmopolitan Jurisprudence for Economic Governance,” Society and Business Review, 11(3), 276-296.

Kevin T. Jackson, 2016, “Economy of Mutuality: Merging Financial and Social Sustainability,” Journal of Business Ethics, 133(3), 499-517.

Miguel Alzola, 2015, “Virtue, Rightness, and Virtuous Actions,” Business Ethics Quarterly, 23(5), 287-318.

Elizabeth Cosenza, 2015, Brief for Amici Curiae Former SEC Officials and Law Professors in Support of Petition for Permission to Appeal: In re Goldman Sachs Group, Inc. Securities Litigation, Case 15-3179 (2d Cir. Oct. 14, 2015)

Miguel Alzola, 2014, “La Posibilidad de la Virtud,” Cuadernos Empresa y Humanismo, 124: 169-229

Mark A. Conrad, 2014, “A New First Amendment Goal Line Defense — It’s Time to Stop the Right of Publicity Offensive,” 39 N. Ohio L. Rev. 746.

Brent J. Horton, 2014, “For The Protection of Investors And The Public: Why Fannie Mae's Mortgage-Backed Securities Should be Subject to the Disclosure Requirements Of The Securities Act of 1933,” 89 TULANE L. REV. 125.

Benjamin M. Cole, Brent Horton, and Ryan Vacca, 2014, “Food for Thought: Genetically Modified Seeds as De Facto Standard Essential Patents,” University of Colorado Law Review, 85 (2), 313-375.

Elizabeth Cosenza, 2014, Brief for Former SEC Commissioners and Officials and Law Professors as Amici Curiae Supporting Petitioners: Halliburton Co. and David Lesar v. Erica P. John Fund, Inc., HARV. L. SCH. FORUM ON CORP. GOVERNANCE & FIN. REG., Jan. 14, 2014

Kenneth R. Davis, 2014, “Arbitrating Challenges to Executive Compensation” Cash of the Titans, 86 Temple L. Rev. 101.

Miguel Alzola, forthcoming, “The virtue of integrity and the case for a virtue of organizational integrity,” in Muel Kaptein (ed.) Research Handbook on Organizational Integrity.

Miguel Alzola, 2022, “The Moral Character of the Leader,” George R. Goethals, Scott T Allison, Georgia J. Sorenson (eds.) The SAGE Encyclopedia of Leadership Studies, Sage.

Miguel Alzola, 2022, “Business and War,” in Deborah Poff and Alex C. Michalos (eds.) Encyclopedia of Business and Professional Ethics, Springer.

Miguel Alzola and A. Hennig, 2020, “Practical Wisdom in Classical Confucianism,” in Barry Schwartz, Caleb Bernacchio, César González-Cantón and Angus Robson (ed.) Handbook of Practical Wisdom in Business and Management, Springer.

Miguel Alzola, 2020, “Between Kant and Hume: Aristotle on Practical Wisdom, Deliberation, and Choice,” in Barry Schwartz, Caleb Bernacchio, César González-Cantón and Angus Robson (ed.) Handbook of Practical Wisdom in Business and Management, Springer.

Miguel Alzola, 2018, “Character-Based Business Ethics,” in Nancy Snow (ed.) The Oxford Handbook of Virtue, New York: Oxford University Press.

Miguel Alzola, 2017, “Role duties, Role Virtues, and the Practice of Business,” in David Carr (ed.) Cultivating Moral Character and Virtue in Professional Practice, Routledge Philosophy.

Miguel Alzola, 2017, “The Virtues and Their Explanatory and Predictive Power,” in Alejo J. Sison (ed.) Handbook of Virtue Ethics in Business and Management, Springer Reference.

Miguel Alzola, 2017, “Corporate Roles and Virtues,” in Alejo J. Sison (ed.) Handbook of Virtue Ethics in Business and Management, Springer Reference.

Mark A. Conrad, 2017, The Business of Sports: Off the Field, In the Office, On the News, Routledge/Taylor & Francis.

Kevin T. Jackson, 2021, “Temporal Structures of Justification in the Economic Analysis of Law: Legal Philosophy and Free Will ,” P. Rona, L Zsolnai, and A. Wincewicz Price, eds., Words,Objects and Events in Economics: The Making of Economic Theory, 213-222. Springer

Kevin T. Jackson, 2019, “Mindful Servant Leadership for B Corporations,” L. Bouckaert and S. van den Heuvel (eds.) The Will to Serve: Inspiring Models of Servant Leadership and Social Entrepreneurship, 211-233, Palgrave Macmillan.

Kevin T. Jackson, 2019, “Getting to the Heart of Compassion in Philosophy and Economic Life,” in O. Setter and L. Zsolnai (eds.) Caring Management in the New Economy: Socially Responsible Behavior Through Spirituality, 63-81, Chaim, Switzerland: Palgrave Macmillan.

Kevin T. Jackson, 2019, “Economy of Mutuality: Equipping the Executive Mindset for Sustainable Business,” in G. Lenssen and N. Craig Smith (eds.) Managing Sustainable Business, 293-315, Dordrecht, The Netherlands: Springer.

Kevin T. Jackson, 2018, “Time-Value in Economics,” P. Rona and L. Zsolnai, eds., Economic Objects and the Objects of Economics, 125-140. Cham, Switzerland: Springer.

Kevin T. Jackson, 2017, “Economy of Mutuality,” P. Rona and L. Zsolnai, eds. Economics as a Moral Science, 175-197. Cham, Switzerland: Springer Nature

Kevin T. Jackson, A. Sison, ed., 2016, “Cosmopolitan Natural Law: Discerning Legal and Moral Responsibilities of Global Business,” Handbook of Virtue Ethics in Business and Management. Dordrecht, NL : Springer

Kevin T. Jackson, M. Schlag and J.A. Mercado, eds., 2016, “Epistemology in Business Education: Challenging the Ideologies,” Free Markets with Solidarity and Sustainability: Facing the Challenge. Washington, DC: Catholic University Press

Kevin T. Jackson, K. Ims and L. Pedersen, 2015, “Aesthetics, Human Rights and Economic Life: Temporal Perspectives,” Business and the Greater Good: Regaining Trust, Humanity and Purpose in the Age of Crisis Cheltenham, UK: Edward Elgar.

Dawn Lerman, and Santiago Mejia, 2019, “Positive Marketing, Virtue, and Happiness,” The Routledge Handbook of Positive Communication. Ed. by Jose Antonio Muniz-Velazquez, and Cristina Pulido. New York: Routledge.