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Executive compensation is broken into two parts: one fixed and one variable. The fixed component of executive compensation is the annual salary and the variable components are performance-based incentives. Clawback provisions of executive compensation are designed to require executives to return performance-based, variable compensation that was erroneously awarded in the

Executive compensation is broken into two parts: one fixed and one variable. The fixed component of executive compensation is the annual salary and the variable components are performance-based incentives. Clawback provisions of executive compensation are designed to require executives to return performance-based, variable compensation that was erroneously awarded in the year of a misstatement. This research shows the need for the use of a new clawback provision that combines aspects of the two currently in regulation. In our current federal regulation, there are two clawback provisions in play: Section 304 of Sarbanes-Oxley and section 954 of The Dodd\u2014Frank Wall Street Reform and Consumer Protection Act. This paper argues for the use of an optimal clawback provision that combines aspects of both the current SOX provision and the Dodd-Frank provision, by integrating the principles of loss aversion and narcissism. These two factors are important to consider when designing a clawback provision, as it is generally accepted that average individuals are loss averse and executives are becoming increasingly narcissistic. Therefore, when attempting to mitigate the risk of a leader keeping erroneously awarded executive compensation, the decision making factors of narcissism and loss aversion must be taken into account. Additionally, this paper predicts how compensation structures will shift post-implementation. Through a survey analyzing the level of both loss- aversion and narcissism in respondents, the research question justifies the principle that people are loss averse and that a subset of the population show narcissistic tendencies. Both loss aversion and narcissism drove the results to suggest there are benefits to both clawback provisions and that a new provision that combines elements of both is most beneficial in mitigating the risk of executives receiving erroneously awarded compensation. I concluded the most optimal clawback provision is mandatory for all public companies (Dodd-Frank), targets all executives (Dodd-Frank), and requires the recuperation of the entire bonus, not just that which was in excess of what should have been received (SOX).
ContributorsLarscheid, Elizabeth (Author) / Samuelson, Melissa (Thesis director) / Casas-Arce, Pablo (Committee member) / WPC Graduate Programs (Contributor) / School of Accountancy (Contributor) / Barrett, The Honors College (Contributor)
Created2018-12
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Description
Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited research that illustrates the impact SOX may have on average

Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited research that illustrates the impact SOX may have on average Americans. There were several US criminal code sections that resulted from the passing of SOX. Statute 1519, which is often referred to as the "anti-shredding provision", penalizes anyone who "knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to" obstruct a current or foreseeable federal investigation. This statute, although intended to punish behavior similar to that which occurred in the early 2000s by corporations and auditors, has been used to charge people beyond its original intent. Several issues with the crafting of the statute cause its broad application and some litigation even reached the Supreme Court due to its vague wording. Not only is the statute being applied beyond the intent, there are other issues that legal scholars have critiqued it for. This statute is far from being the only law facing these issues as the same issues and critiques are found in the 14th amendment. Rewriting the statute seems to be the most effective way to address the concerns of judges, lawyers and defendants regarding the statute. In addition, Congress could have passed this statute outside of SOX to avoid being seen as overreaching if obstruction of justice related to documents was actually an issue outside of corporate fraud.
ContributorsGonzalez, Joana (Author) / Samuelson, Melissa (Thesis director) / Lowe, Jordan (Committee member) / School of Accountancy (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description

The United States houses only five percent of the world’s population but over 20% of its prison population. There has been a dramatic increase in carceral numbers over the last several decades with much of this population being people with mental illness designations. Many scholars attribute this phenomenon to the

The United States houses only five percent of the world’s population but over 20% of its prison population. There has been a dramatic increase in carceral numbers over the last several decades with much of this population being people with mental illness designations. Many scholars attribute this phenomenon to the process of deinstitutionalization, in which mental health institutions in the U.S. were shut down in the 1950s and ‘60s. However, disability scholar Liat Ben-Moshe argues that this is a dangerous oversimplification that fails to credit the deinstitutionalization movement as an abolitionist movement and to take into account shifting demographics between institutions and prisons/jails. This study considers how mass incarceration in the U.S. stems from a trend of isolating and punishing BIPOC and people with disabilities at disproportionate rates as it explores lived experiences at the intersection of mental health and incarceration. Findings inform an abolitionist agenda by highlighting the near impossibility of rehabilitation and treatment in an inherently traumatizing space.

ContributorsGerkin, Alyssa (Author) / Kirsch-Stancliff, Willa (Co-author) / Henson, Abigail (Thesis director) / Bebout, Lee (Committee member) / DeMarse, Angela (Committee member) / Barrett, The Honors College (Contributor) / School of Criminology and Criminal Justice (Contributor) / School of Social Transformation (Contributor) / School of Human Evolution & Social Change (Contributor)
Created2023-05
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Description

The emergence of COVID-19 has ravaged through the United States generally and prison facilities in particular. By reducing prison populations and protecting a facility's most vulnerable members, compassionate release is a means of mitigating the consequences of COVID-19 facing prison facilities across the country. This thesis will examine compassionate release

The emergence of COVID-19 has ravaged through the United States generally and prison facilities in particular. By reducing prison populations and protecting a facility's most vulnerable members, compassionate release is a means of mitigating the consequences of COVID-19 facing prison facilities across the country. This thesis will examine compassionate release requests for the months of March 2020 through May 2020 from minimum and low-security prison facilities within the Bureau of Prisons. By examining this data, the goal of this thesis will be to determine whether the Bureau’s use of compassionate release was conducted in a manner that would protect the well-being of incarcerated individuals in response to the emergence of COVID-19. Similarly, the data will be examined in order to identify any significant differences between prison facilities in their use of compassionate release and subsequent outcomes from COVID-19 infections and deaths. Lastly, this thesis will examine this data to determine whether the Bureau’s use of compassionate release was consistent with the general objective of reducing prison populations and overcrowding in response to COVID-19.

ContributorsMavrikos, Alex (Author) / Wallace, Danielle (Thesis director) / Chamberlain, Alyssa (Committee member) / Fahmy, Chantal (Committee member) / School of Criminology and Criminal Justice (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
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DescriptionDo existing programs offered during incarceration successfully reduce recidivism rates in the United States and if so, how can criminology theories be leveraged to understand why?
ContributorsMorken, Maya (Author) / Hostal, Katherine (Co-author) / Samuelson, Melissa (Thesis director) / Korets, Lora (Committee member) / Barrett, The Honors College (Contributor) / Department of Economics (Contributor) / School of Civic & Economic Thought and Leadership (Contributor) / Dean, W.P. Carey School of Business (Contributor)
Created2022-05
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Description

The purpose of this project was to create a platform where people could tell their stories about how their faith impacted their incarceration and their incarceration impacted their faith. There is no single path to pursuing faith in prison, and each person faces their own challenges and facilitators in doing

The purpose of this project was to create a platform where people could tell their stories about how their faith impacted their incarceration and their incarceration impacted their faith. There is no single path to pursuing faith in prison, and each person faces their own challenges and facilitators in doing so. There is power in stories, and we can learn so much from simply listening. Each story told through this project presents a unique experience of pursuing Christianity while incarcerated. This project interviewed three people who had pursued their faith during their time in prison. The goal of these interviews was to hear first hand the experiences of dedicating oneself to Christianity while incarcerated. Their stories were broken up into three sections, pre-incarceration, during incarceration, and post-incarceration to explore how each participant’s faith differed across the three phases. Main topics discussed include what religious services they had access to while incarcerated, what the main challenge they faced in pursuing their faith in prison, and how their faith impacted their reentry into society.

ContributorsMccall, Rylei (Author) / Henson, Abigail (Thesis director) / Montes, Andrea (Committee member) / Barrett, The Honors College (Contributor) / School of Criminology and Criminal Justice (Contributor) / Sandra Day O'Connor College of Law (Contributor)
Created2022-05