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An Analysis of SEC Clawback Provisions in terms of Loss-Aversion and Narcissism

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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

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).

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2018-12

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The Evolution of Social Media: Its Effect on Various Facets of Society

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Social media has evolved so quickly in the past two decades and continues to grow and change at a rapid pace. This way of connecting and communicating with others has become so ingrained in daily life and can have a

Social media has evolved so quickly in the past two decades and continues to grow and change at a rapid pace. This way of connecting and communicating with others has become so ingrained in daily life and can have a major influence on people's actions. Social media and social networking look vastly different today than it did in the past, and will continue to change for the future. The sports and travel industries are no exception to the integration of social media. Both entities understand the importance of being prominent in the online domain and connecting to the Millennial generation. It is crucial for young people to learn how to positively use social media in the classroom and in the workplace as their lives become consumed by this digital world. The emphasis on social media in different facets of society can bring both positive and negative connotations along with it, depending on how, when, and why people decide to use it. Social media is not meant to replace all interactions and forms of contact, but rather enhance these relationships. By analyzing the history of social media, current trends and effects, this project seeks to forecast the impact that social media will continue to have in the future. In the fast paced world today, social media and other forms of electronic communication will only continue to increase and be intensified. This project explores how social media has impacted society, most importantly, the travel industry and the sports industry. Social media will continue to expand knowledge, connect people all over the world, and enhance experiences as it inevitably becomes even more integrated into everyday life.

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2017-05

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The Unintended Consequences of Sarbanes-Oxley Act of 2002

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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

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.

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2016-12

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A Study of League Influence on the Overall Health and Perceptions of Major League Baseball and the National Football League

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We were driven by the question: what is happening to the popularity of Major League Baseball? In order to answer this question we compared the league structure of Major League Baseball with that of the National Football League. We were

We were driven by the question: what is happening to the popularity of Major League Baseball? In order to answer this question we compared the league structure of Major League Baseball with that of the National Football League. We were able to speak with five former or current members of the respective leagues in order to gain some insight into how the two leagues operate. The main focus of our research was around the payroll structures of the two leagues as well as their revenue sharing policies. In the end, we discovered that Major League Baseball is becoming highly regionalized. The sport is still growing in popularity in terms of revenue and fan involvement, but it is becoming less popular on a national stage. The league is benefitting greatly from factors like the increasing importance of "TiVo proof programming" and a lack of competition. Each league is very different in its own right. While the NFL promotes a perception of competitive balance, Major League Baseball can be plagued by the negative perception it creates surrounding some of its smaller market teams.

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Date Created
2015-05

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Home Advantage in Sports: The Value it Holds with COVID Restrictions

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Home advantage affects the game in almost all team sports across the world. Due to<br/>COVID and all of the precautions being taken to keep games played, more extensive research is able to be conducted about what factors truly go into

Home advantage affects the game in almost all team sports across the world. Due to<br/>COVID and all of the precautions being taken to keep games played, more extensive research is able to be conducted about what factors truly go into creating a home advantage. Some common factors of home advantage include the crowd, facility familiarity, and travel. In the English Premier League, there are no fans allowed at any of the games; furthermore, in the NBA, a bubble was created at one neutral venue with no fans in attendance. Even with the NBA being at a neutral site, there was still a “home team” at every game. The sports betting industry struggled due to failing to shift betting lines in accordance with this decreased home advantage. With these leagues removing some of the factors that are frequently associated with home advantage, analysts are able to better see what the results would be of removing these variables. The purpose of this research is to determine if these adjustments made due to COVID had an impact on the home advantage in different leagues around the world, and if they did, to what extent. Individual game data from the past 10 seasons were used for analysis of both the NBA and the Premier League. The results show that there is a significant difference in win percentage between prior seasons and seasons behind closed doors. In addition to win percentage, many other game statistics see a significant shift as well. Overall, the significance of being the home team disappears in games following the COVID-19 break.

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2021-05