Emory Corporate Governance and Accountability Review

ECGAR PerspectivesVolume 6

The Future of Cannabis Manufacturing in Georgia

Michael R. Francisco | 6 Emory Corp. Governance and Accountability Rev. Perspectives 101 (2019)

Ever since Georgia legalized non-smokable forms of medical cannabis in 2015, the question of how to provide qualified patients with safe access to legally permitted products has vexed the legislature. This quandary led to the formation of not one but two legislative commissions to investigate the dilemma and provide recommendations.

Read more »

Clean Water Rule: Can Business Afford Otherwise?

Marguerite Mills | 6 Emory Corp. Governance and Accountability Rev. Perspectives 109 (2019)

The current administration has been consistent in its message to reduce regulation. By engaging in “bold anti-regulatory rhetoric,” President Trump is reinforcing the idea that all regulation is inherently bad for Americans and American business. The Trump administration has cut regulation across the board but particularly in the policy area of immigration, banking, healthcare and the environment. This Perspective will focus on environmental regulation, specifically the Clean Water Rule (CWR) and how this regulation is not only appropriately stringent, but essential for keeping businesses alive.

Read more »

Not My Problem . . . Or Is It?: An Examination of Changing Liability for Mental Health

Amanda Guarisco | 6 Emory Corp. Governance and Accountability Rev. Perspectives 117 (2019)

This Paper will ultimately point out courts’ flawed application of the standard of care for universities; impress upon the public that universities are, at their core, businesses in the field of providing educational services and should not, to an extent, be held liable for the mental health of their students; and forewarn the public about the negative ramifications that the requirement of mental health services and the oversight of state judicial and legislative authorities have on the internal operations of not only universities, but all businesses.

Read more »

Entwinement: Why Sororities and Fraternities Should Be Subject to the Constitution

Danielle Hernandez | 6 Emory Corp. Governance and Accountability Rev. Perspectives 143 (2019)

Sororities and fraternities are commonly referred to as “private organizations.” Their status as such has allowed them to trespass on the constitutional rights of their members without constitutional scrutiny. This becomes troublesome when these organizations often serve a university function but remain immune from constitutional regulations. As the number of students joining sororities and fraternities continues to grow, this concern becomes increasingly significant.

Read more »

The "Materiality" of the Incentive Compensation Ban in Higher Education

Luke Jacobs | 6 Emory Corp. Governance and Accountability Rev. Perspectives 175 (2019)

For many for-profit colleges, most of their gross tuition is made up of students paying with some type of Title IV aid. For Heritage College, a private for-profit college working under Weston Education, Inc., roughly 97% of their students received Title IV aid. Remaining eligible to accept federal funds has become an integral piece of these for-profit colleges business models. Two main theories have been recognized by the courts for FCA liability when evaluating ICB claims: promissory fraud and the implied false certification theory (IFCT). This Paper will cover the courts’ analysis of these two legal theories and the key points that have created differing outcomes. The courts’ precedent points heavily to the determination that the ICB does not rise to a level of materiality under either of these theories.

Read more »

Privatization of Public Education: Balancing the Students and the Bottom Line

Marguerite Mills | 6 Emory Corp. Governance and Accountability Rev. Perspectives 191 (2019)

“A nonprofit raises money to finance its mission. A for-profit has a mission in order to make money.” These two structures seem theoretically incompatible, but the deal between the public Purdue University and for-profit Kaplan University is testing this theory by creating a new entity, Purdue University Global. Purdue University Global, also called Purdue Global, operates as an online education arm of Purdue University. This deal is being called the first of its kind and has the potential to set a new precedent in higher education.

Read more »