Marianne Jennings - Academia.edu (original) (raw)
Papers by Marianne Jennings
Message from the Chair As chair of the CFA Institute Research Foundation's Board of Trustees, I w... more Message from the Chair As chair of the CFA Institute Research Foundation's Board of Trustees, I would like to thank you for your interest in and support of the Research Foundation. It is because of you that we are able to advance the understanding of investment markets. Established in 1965 and endowed by generous contributions from a number of prominent investment professionals and organizations, the CFA Institute Research Foundation is governed by an all-volunteer board of trustees and supported by a small staff. Our mission is to provide in-depth, high-quality investment research to the global investment community. This worldwide audience reflects the diversity of the modern investment industrysecurity analysts, portfolio managers, traders, brokers, consultants, fund sponsors (staff as well as trustees), and academics. It includes CFA Institute members and non-members alike. To address the needs of such a broad audience, Research Foundation authors are practitioners and academics who are committed to producing investment research that is oriented to the practical application of investment finance. The research topics cover all fields relevant to investment professionals, and although that coverage may involve topical investment issues, the Research Foundation's research is meant to distinguish itself not by its timeliness but rather its timelessness. The majority of our research is published in book form, but we also produce literature reviews, webinars, occasional papers, and seminars on investment issues of particular interest. Notably, the Research Foundation hosts a workshop that is held just prior to the start of the CFA Institute Annual Conference. All Research Foundation materials are distributed online for free, with the hardcopy version offered at a low price. I hope you enjoy this issue of the Research Foundation Year in Review. I urge you to explore the impressive body of research that the Research Foundation has produced over the years. We welcome your comments and suggestions on how best to expand and distribute that work.
Brigham Young University Journal of Public Law, Dec 31, 1991
The Cleveland State Law Review, 1989
The Securities Exchange Commission (SEC) is the Congressionally-created federal agency given the ... more The Securities Exchange Commission (SEC) is the Congressionally-created federal agency given the charge of implementing and enforcing the federal securities laws. Created under the Securities Exchange Act of 1934, 15 U.S.C. § 78(a) et seq. (1989), the SEC regulates initial offerings of securities to the public and the secondary market. This article focuses on the SEC regulation of initial offerings. I The supremacy clause comes into play when there is a conflict between state and federal regulation, and is used to void a state statute when "compliance with both federal and state regulations is a physical impossibility .... " Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43 (1963), or where the state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress .... Hines v. Davidowitz, 312 U.S. 52, 67 (1941). The supremacy clause provides: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land; and the Judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not withstanding. U.S. CONST. art. VI, cl. 2. U.S. CONST. art. I, § 8, cl. 3, provides: "The Congress shall have Power ... To regulate Commerce ... among the several States. The Supreme Court has recognized that the commerce clause: reflected a central concern of the Framers that was an immediate reason for calling the Constitutional Convention: the conviction that in order to succeed, the new Union would have to avoid the tendencies toward economic Balkanization that had plagued relations among the Colonies and later among the States under the Articles of Confederation. Hughes v. Oklahoma, 441 U.S. 322, 325-26 (1979). 5 See infra note 8 and accompanying text. I "Blue sky laws" refers to state laws regulating the sale and registration of securities. The term was coined in Hall v. Geiger-Jones Co., 242 U.S. 539 (1917). The Court described certain fraudulent securities offerings as "speculative schemes which have no more basis than so many feet of 'blue sky'." Id. at 550.
Duquesne Law Review, 1994
This Article is brought to you for free and open access by Duquesne Scholarship Collection. It ha... more This Article is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Duquesne Law Review by an authorized editor of Duquesne Scholarship Collection.
This form of co-authorship is given to a department chair, a dean, a provost, or some other admin... more This form of co-authorship is given to a department chair, a dean, a provost, or some other administrator in the academic unit or institution because of the express demands made by that administrator as well as those made implicitly because of the control they may exercise over the author's schedule, summer grants, promotion, tenure, or merit increases.
Contemporary Accounting Research, Mar 1, 1991
. “The definition of auditing calls for the communication of the degree of correspondence between... more . “The definition of auditing calls for the communication of the degree of correspondence between assertions and established criteria” (AAA. 1972). At present, there continues to be no precise scale for measuring the degree of credibility lent to financial statements by the auditor. Don Leslie recently recommended adoption of a standard requiring auditors to disclose their operational materiality levels [Leslie, 1985]. No serious research has examined this proposal. The American Auditing Standards Board recently modified the standard form auditor's report in the United States. Neither Leslie's recommendation nor universal definitions of materiality were adopted. Among the objectives of report revision are better auditor-user communication and abridgment of auditor legal liability. Few empirical studies have considered the former; none that we know of have examined the latter. This study enters that void and examines whether selected report modifications including explicit disclosure of the working materiality thresholds underlying preparation and audit of the financial statements serve to mitigate auditor liability. A behavioral experiment was conducted with 77 general jurisdiction judges serving as subjects. Findings support the potential for meaningful modifications to the standard auditor's report to abridge auditor liability. Resume. « La definition de la verification fait intervenir la communication du degre de correspondance entre des assertions et des criteres etablis», [Traduction. AAA 1972]. A l'heure actuelle, il n'existe toujours pas d'echelle precise permettant de mesurer le degre de fiabilite que le verificateur accorde aux etats financiers. Don Leslie recommandait recemment l'adoption d'une norme exigeant que les verificateurs fassent etat des niveaux d'importance relative qu'ils utilisent [Leslie, 1985]. Cette proposition n'a fait l'objet d'aucune recherche serieuse. L'American Auditing Standards Board modifiait recemment aux Etats-Unis le rapport type du verificateur. Ni la recommandation de Leslie, ni les definitions universelles de l'importance relative n'ont ete adoptees. Parmi les objectifs de ce remaniement du rapport type du verificateur figurent une meilleure communication entre le verificateur et l'utilisateur et la limitation de la responsabilite civile du verificateur. Peu d'etudes empiriques ont porte sur la premiere question et, a notre connaissance, aucune ne s'est interessee a la seconde. Les auteurs, pour combler cette lacune, examinent si certaines modifications selectionnees apportees au rapport type du verificateur, parmi lesquelles la divulgation explicite des seuils de tolerance operationnels sous-jacents a la preparation et a la verification des etats financiers, font en sorte de limiter la responsabilite des verificateurs. Une experience de comportement a ete menee aupres de 77 juges de competence generale qui ont servi de sujets. Les resultats de l'etude confirment que des modifications pertinentes au rapport type du verificateur peuvent limiter la responsabilite de ce dernier.
Part I The legal and social environment of business: the nature and sources of law the court syst... more Part I The legal and social environment of business: the nature and sources of law the court system and dispute resolution business ethics social forces, and the law the constitution as the foundation of the legal environment. (Part contents)>
Developments in Business Simulation and Experiential Learning, Mar 13, 1982
For a business, exposure to a lawsuit represents substantial costs. Although the court costs and ... more For a business, exposure to a lawsuit represents substantial costs. Although the court costs and attorneys' fees are obvious expenses, the business manager must face the additional costs litigation imposes upon a business. For example, such costs include the amount of time company employees will be required to spend in preparation for the suit through their testimony or through the furnishing of documentary evidence. Also, there are the costs to the business in the form of damage to the business reputation. To date, no organized method of cost analysis has been developed for use by the manager or the business student in a case study. In this paper, such a revolutionary model is introduced.
Fordham Urban Law Journal, 1983
Cambridge University Press eBooks, Nov 7, 2019
Message from the Chair As chair of the Research Foundation of CFA Institute's Board of Trustees, ... more Message from the Chair As chair of the Research Foundation of CFA Institute's Board of Trustees, I would like to thank you for your interest in and support of the Research Foundation. It is because of you that we are able to advance the understanding of investment markets. Established in 1965 and endowed by generous contributions from a number of prominent investment professionals and organizations, the Research Foundation of CFA Institute is governed by an all-volunteer board of trustees and supported by a small staff. Our mission is to provide in-depth, high-quality investment research to the global investment community. This worldwide audience reflects the diversity of the modern investment industry-security analysts, portfolio managers, traders, brokers, consultants, fund sponsors (staff as well as trustees), and academics. It includes CFA Institute members and non-members alike. To address the needs of such a broad audience, Research Foundation authors are practitioners and academics who are committed to producing investment research that is oriented to the practical application of investment finance. The research topics cover all fields relevant to investment professionals, and although that coverage may involve topical investment issues, the Research Foundation's research is meant to distinguish itself not by its timeliness but rather its timelessness. The majority of our research is published in book form, but we also produce literature reviews, webinars, occasional papers, and seminars on investment issues of particular interest. Notably, the Research Foundation hosts a workshop that is held just prior to the start of the CFA Institute Annual Conference. All Research Foundation materials are distributed online for free, with the hardcopy version offered at a low price. I hope you enjoy this issue of the Research Foundation Year in Review. I urge you to explore the impressive body of research that the Research Foundation has produced over the years. We welcome your comments and suggestions on how best to expand and distribute that work.
Journal of Legal Studies Education, Mar 1, 1985
Journal of Legal Studies Education, Jul 1, 2007
I. INTRODUCTION Colleges and universities 1 long ago made the necessary accommodations and struct... more I. INTRODUCTION Colleges and universities 1 long ago made the necessary accommodations and structural changes necessary to allow students with physical impairments to attend and eventually complete their studies. 2 Sign language interpreters are present even at graduations as an accommodation to the hearing impaired. Sight dogs, guide dogs, and dogs that assist with mobility
Page 1. The Seven Signs of Ethical Collapse How to Spot Moral Meltdowns in Companies Before It&#x... more Page 1. The Seven Signs of Ethical Collapse How to Spot Moral Meltdowns in Companies Before It's Too Late Marianne M. Jennings, JD Page 2. Page 3. MARIANNE M. JENNINGS, JD is a professor at Arizona State University ...
Berkeley Business Law Journal, Sep 13, 2019
Her six textbooks, including Business Ethics: Case Studies and Readings (10 th Ed.) focus on lega... more Her six textbooks, including Business Ethics: Case Studies and Readings (10 th Ed.) focus on legal and ethical issues in business.
Nova Law Review, 1993
Article IX of the UCC is called Secured Transactions; Sales of Accounts and Chattel Paper.
Message from the Chair As chair of the CFA Institute Research Foundation's Board of Trustees, I w... more Message from the Chair As chair of the CFA Institute Research Foundation's Board of Trustees, I would like to thank you for your interest in and support of the Research Foundation. It is because of you that we are able to advance the understanding of investment markets. Established in 1965 and endowed by generous contributions from a number of prominent investment professionals and organizations, the CFA Institute Research Foundation is governed by an all-volunteer board of trustees and supported by a small staff. Our mission is to provide in-depth, high-quality investment research to the global investment community. This worldwide audience reflects the diversity of the modern investment industrysecurity analysts, portfolio managers, traders, brokers, consultants, fund sponsors (staff as well as trustees), and academics. It includes CFA Institute members and non-members alike. To address the needs of such a broad audience, Research Foundation authors are practitioners and academics who are committed to producing investment research that is oriented to the practical application of investment finance. The research topics cover all fields relevant to investment professionals, and although that coverage may involve topical investment issues, the Research Foundation's research is meant to distinguish itself not by its timeliness but rather its timelessness. The majority of our research is published in book form, but we also produce literature reviews, webinars, occasional papers, and seminars on investment issues of particular interest. Notably, the Research Foundation hosts a workshop that is held just prior to the start of the CFA Institute Annual Conference. All Research Foundation materials are distributed online for free, with the hardcopy version offered at a low price. I hope you enjoy this issue of the Research Foundation Year in Review. I urge you to explore the impressive body of research that the Research Foundation has produced over the years. We welcome your comments and suggestions on how best to expand and distribute that work.
Brigham Young University Journal of Public Law, Dec 31, 1991
The Cleveland State Law Review, 1989
The Securities Exchange Commission (SEC) is the Congressionally-created federal agency given the ... more The Securities Exchange Commission (SEC) is the Congressionally-created federal agency given the charge of implementing and enforcing the federal securities laws. Created under the Securities Exchange Act of 1934, 15 U.S.C. § 78(a) et seq. (1989), the SEC regulates initial offerings of securities to the public and the secondary market. This article focuses on the SEC regulation of initial offerings. I The supremacy clause comes into play when there is a conflict between state and federal regulation, and is used to void a state statute when "compliance with both federal and state regulations is a physical impossibility .... " Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43 (1963), or where the state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress .... Hines v. Davidowitz, 312 U.S. 52, 67 (1941). The supremacy clause provides: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land; and the Judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not withstanding. U.S. CONST. art. VI, cl. 2. U.S. CONST. art. I, § 8, cl. 3, provides: "The Congress shall have Power ... To regulate Commerce ... among the several States. The Supreme Court has recognized that the commerce clause: reflected a central concern of the Framers that was an immediate reason for calling the Constitutional Convention: the conviction that in order to succeed, the new Union would have to avoid the tendencies toward economic Balkanization that had plagued relations among the Colonies and later among the States under the Articles of Confederation. Hughes v. Oklahoma, 441 U.S. 322, 325-26 (1979). 5 See infra note 8 and accompanying text. I "Blue sky laws" refers to state laws regulating the sale and registration of securities. The term was coined in Hall v. Geiger-Jones Co., 242 U.S. 539 (1917). The Court described certain fraudulent securities offerings as "speculative schemes which have no more basis than so many feet of 'blue sky'." Id. at 550.
Duquesne Law Review, 1994
This Article is brought to you for free and open access by Duquesne Scholarship Collection. It ha... more This Article is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Duquesne Law Review by an authorized editor of Duquesne Scholarship Collection.
This form of co-authorship is given to a department chair, a dean, a provost, or some other admin... more This form of co-authorship is given to a department chair, a dean, a provost, or some other administrator in the academic unit or institution because of the express demands made by that administrator as well as those made implicitly because of the control they may exercise over the author's schedule, summer grants, promotion, tenure, or merit increases.
Contemporary Accounting Research, Mar 1, 1991
. “The definition of auditing calls for the communication of the degree of correspondence between... more . “The definition of auditing calls for the communication of the degree of correspondence between assertions and established criteria” (AAA. 1972). At present, there continues to be no precise scale for measuring the degree of credibility lent to financial statements by the auditor. Don Leslie recently recommended adoption of a standard requiring auditors to disclose their operational materiality levels [Leslie, 1985]. No serious research has examined this proposal. The American Auditing Standards Board recently modified the standard form auditor's report in the United States. Neither Leslie's recommendation nor universal definitions of materiality were adopted. Among the objectives of report revision are better auditor-user communication and abridgment of auditor legal liability. Few empirical studies have considered the former; none that we know of have examined the latter. This study enters that void and examines whether selected report modifications including explicit disclosure of the working materiality thresholds underlying preparation and audit of the financial statements serve to mitigate auditor liability. A behavioral experiment was conducted with 77 general jurisdiction judges serving as subjects. Findings support the potential for meaningful modifications to the standard auditor's report to abridge auditor liability. Resume. « La definition de la verification fait intervenir la communication du degre de correspondance entre des assertions et des criteres etablis», [Traduction. AAA 1972]. A l'heure actuelle, il n'existe toujours pas d'echelle precise permettant de mesurer le degre de fiabilite que le verificateur accorde aux etats financiers. Don Leslie recommandait recemment l'adoption d'une norme exigeant que les verificateurs fassent etat des niveaux d'importance relative qu'ils utilisent [Leslie, 1985]. Cette proposition n'a fait l'objet d'aucune recherche serieuse. L'American Auditing Standards Board modifiait recemment aux Etats-Unis le rapport type du verificateur. Ni la recommandation de Leslie, ni les definitions universelles de l'importance relative n'ont ete adoptees. Parmi les objectifs de ce remaniement du rapport type du verificateur figurent une meilleure communication entre le verificateur et l'utilisateur et la limitation de la responsabilite civile du verificateur. Peu d'etudes empiriques ont porte sur la premiere question et, a notre connaissance, aucune ne s'est interessee a la seconde. Les auteurs, pour combler cette lacune, examinent si certaines modifications selectionnees apportees au rapport type du verificateur, parmi lesquelles la divulgation explicite des seuils de tolerance operationnels sous-jacents a la preparation et a la verification des etats financiers, font en sorte de limiter la responsabilite des verificateurs. Une experience de comportement a ete menee aupres de 77 juges de competence generale qui ont servi de sujets. Les resultats de l'etude confirment que des modifications pertinentes au rapport type du verificateur peuvent limiter la responsabilite de ce dernier.
Part I The legal and social environment of business: the nature and sources of law the court syst... more Part I The legal and social environment of business: the nature and sources of law the court system and dispute resolution business ethics social forces, and the law the constitution as the foundation of the legal environment. (Part contents)>
Developments in Business Simulation and Experiential Learning, Mar 13, 1982
For a business, exposure to a lawsuit represents substantial costs. Although the court costs and ... more For a business, exposure to a lawsuit represents substantial costs. Although the court costs and attorneys' fees are obvious expenses, the business manager must face the additional costs litigation imposes upon a business. For example, such costs include the amount of time company employees will be required to spend in preparation for the suit through their testimony or through the furnishing of documentary evidence. Also, there are the costs to the business in the form of damage to the business reputation. To date, no organized method of cost analysis has been developed for use by the manager or the business student in a case study. In this paper, such a revolutionary model is introduced.
Fordham Urban Law Journal, 1983
Cambridge University Press eBooks, Nov 7, 2019
Message from the Chair As chair of the Research Foundation of CFA Institute's Board of Trustees, ... more Message from the Chair As chair of the Research Foundation of CFA Institute's Board of Trustees, I would like to thank you for your interest in and support of the Research Foundation. It is because of you that we are able to advance the understanding of investment markets. Established in 1965 and endowed by generous contributions from a number of prominent investment professionals and organizations, the Research Foundation of CFA Institute is governed by an all-volunteer board of trustees and supported by a small staff. Our mission is to provide in-depth, high-quality investment research to the global investment community. This worldwide audience reflects the diversity of the modern investment industry-security analysts, portfolio managers, traders, brokers, consultants, fund sponsors (staff as well as trustees), and academics. It includes CFA Institute members and non-members alike. To address the needs of such a broad audience, Research Foundation authors are practitioners and academics who are committed to producing investment research that is oriented to the practical application of investment finance. The research topics cover all fields relevant to investment professionals, and although that coverage may involve topical investment issues, the Research Foundation's research is meant to distinguish itself not by its timeliness but rather its timelessness. The majority of our research is published in book form, but we also produce literature reviews, webinars, occasional papers, and seminars on investment issues of particular interest. Notably, the Research Foundation hosts a workshop that is held just prior to the start of the CFA Institute Annual Conference. All Research Foundation materials are distributed online for free, with the hardcopy version offered at a low price. I hope you enjoy this issue of the Research Foundation Year in Review. I urge you to explore the impressive body of research that the Research Foundation has produced over the years. We welcome your comments and suggestions on how best to expand and distribute that work.
Journal of Legal Studies Education, Mar 1, 1985
Journal of Legal Studies Education, Jul 1, 2007
I. INTRODUCTION Colleges and universities 1 long ago made the necessary accommodations and struct... more I. INTRODUCTION Colleges and universities 1 long ago made the necessary accommodations and structural changes necessary to allow students with physical impairments to attend and eventually complete their studies. 2 Sign language interpreters are present even at graduations as an accommodation to the hearing impaired. Sight dogs, guide dogs, and dogs that assist with mobility
Page 1. The Seven Signs of Ethical Collapse How to Spot Moral Meltdowns in Companies Before It&#x... more Page 1. The Seven Signs of Ethical Collapse How to Spot Moral Meltdowns in Companies Before It's Too Late Marianne M. Jennings, JD Page 2. Page 3. MARIANNE M. JENNINGS, JD is a professor at Arizona State University ...
Berkeley Business Law Journal, Sep 13, 2019
Her six textbooks, including Business Ethics: Case Studies and Readings (10 th Ed.) focus on lega... more Her six textbooks, including Business Ethics: Case Studies and Readings (10 th Ed.) focus on legal and ethical issues in business.
Nova Law Review, 1993
Article IX of the UCC is called Secured Transactions; Sales of Accounts and Chattel Paper.