Adam Sulkowski

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Most of my 50 publications related to corporate governance are also accessible on Research Gate, Scholastica, and SSRN.I advise private and public sector entities on sustainability reporting, including the capital city of an EU country.I have visited 116 countries, interviewing people such as:- business, academic, religious, and military leaders at the ISIS front.- John Elkington, serial entrepreneur and author of 19 books.- Paolo Lugari, who 50 years ago figured out how to profitably foster the regrowth of rainforest in Colombia.My CV is available on my blog: http://adamsulkowski.comI invite you to connect and stay in touch on Twitter (@adam_sulkowski) and Linked In.

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Papers by Adam Sulkowski

Investor-State Dispute Settlement in NAFTA, TPP, and T-TIP: Back to the Future?

The Trans-Pacific Partnership (TPP) and Trans-Atlantic Trade and Investment Partnership (T-TIP) a... more The Trans-Pacific Partnership (TPP) and Trans-Atlantic Trade and Investment Partnership (T-TIP) are both slated to contain investor protections similar to those contained in the North Atlantic Free Trade Agreement (NAFTA). These measures, as included in NAFTA, allowed businesses to seek compensation from members for actions – whether by national or subnational political units – for any action tantamount to expropriation through a supranational arbitration. In practice, this allowed companies to both (1) force countries to roll-back human health and environmental protections and (2) receive payments for alleged or even potential losses. This article will consider the origins and development of this mechanism, now called Investor-State Dispute Settlement (ISDS). ISDS cases have recently become more common, even before the fates of TPP and T-TIP are known. In particular, it will highlight that the original intent of such treaty provisions. In doing so, the authors intend to clarify the...

A Bridle, a Prod and a Big Stick: An Evaluation of Class Actions, Shareholder Proposals and the Ultra Vires Doctrine as Methods for Controlling Corporate Behavior

Written for the recent conference at St. John's University Law School on "People of Colo... more Written for the recent conference at St. John's University Law School on "People of Color, Women, and the Public Corporation," this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the "tool box" of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result.A third means for influencing corporate behavior would not involve the same theoretical or structural limitations. The ultra vires doctrine historically allowed a shareholder to sue to prevent a company from engaging in an activity outside of the specific parameters of its corporate cha...

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Employee satisfaction and environmental reputation

Ökologisches Wirtschaften - Fachzeitschrift

Companies around the world are investing in both reducing their negative environmental impacts an... more

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Indigenous Shared Governance, International Law, and Preserving Rainforest in a Pandemic

SSRN Electronic Journal

Enhancing sustainability education through experiential learning of sustainability reporting

International Journal of Sustainability in Higher Education

Purpose While progress has been made in the realm of teaching about sustainability to business st... more Purpose While progress has been made in the realm of teaching about sustainability to business students, integrating sustainability into experiential learning with a systemic mindset has been identified by leading scholars as an area for improvement. The purpose of this paper is to describe a pilot project in which students prepared a sustainability report for a client company and to answer the question of whether the experiment yielded the anticipated benefits. Design/methodology/approach The paper presents an initiative that was part of an MBA course delivered at the Warsaw University of Life Sciences in Poland by an international team of professors. The multinational group of students was confronted with the task of preparing an integrated sustainability report for a large corporation. Findings The initiative creates opportunities for both students and commercial organizations to understand large business commercial activities from a sustainability perspective. This paper identif...

Cannabis at the Crossroads: A Transdisciplinary Analysis and Policy Prescription

SSRN Electronic Journal

COVID-19: What's Next? Future of Work, Business, and Law: Automation, Transparency, Blockchain, Education, and Inspiration

SSRN Electronic Journal

A Path to Developing More Insightful Business School Graduates: A Systems-Based, Experiential Approach to Integrating Law, Strategy, and Sustainability

Academy of Management Learning & Education

Blockchain, Law, and Business Supply Chains: The Need for Governance and Legal Frameworks to Achieve Sustainability

SSRN Electronic Journal

Financial Performance, Pollution Measures and the Propensity to Use Corporate Responsibility Reporting: Implications for Business and Legal Scholarship

SSRN Electronic Journal

... Adam Sulkowski, MBA, JD* Assistant Professor of Management &amp; Business Law Charlton Co... more

Oil Users, Air Polluters, and Forest Abusers: Macro-Level Segmentation of 121 Countries Based on Resource Usage Efficiency Per Capita

SSRN Electronic Journal

ABSTRACT This paper makes a vital contribution to the fields of sustainability studies and enviro... more ABSTRACT This paper makes a vital contribution to the fields of sustainability studies and environmental policy making by presenting evidence that contradicts widely accepted conventional wisdom about the relative environmental efficiency of countries.Significant findings include the existence of clusters of relative resource usage efficiency that are not entirely explained by geography, stages of economic development, or other conventional theories.To the best knowledge of the authors, this is the first time that a model-based three-dimensional cluster analysis has been used to address this question of ranking the relative environmental efficiency of countries.

Cyber-Extortion: Duties and Liabilities Related to the Elephant in the Server Room

SSRN Electronic Journal

/IWK_CMU_Cyber_Extortion_Study.pdf. 2. Id. at 13 illus. 23. 3. Id. The 2005 annual CSI/FBI Comput... more

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The U.S. Constitution’s Emoluments Clauses: How History, Behavioral Psychology, and the Framers’ Understanding of Corruption All Require an End to President Trump’s Conflicts of Interest

British Journal of American Legal Studies

The two Emoluments Clauses in the U.S. Constitution forbid federal officials from accepting “any ... more The two Emoluments Clauses in the U.S. Constitution forbid federal officials from accepting “any present, Emolument, Office, or Title, of any kind whatsoever” from foreign or domestic governments. President Donald Trump’s business interests generate numerous opportunities to use public office for his personal benefit. This article examines the history of the Emoluments Clauses and the Framers’ conception of corruption. The conflicts of interest alleged in pending emoluments lawsuits against President Trump would not be allowable in the private sector, and various plaintiffs argue that the Emoluments Clauses apply to all public officials, including the President. The President’s lawyers have claimed he is exempt from the application of these clauses and have raised numerous procedural objections, such as challenging who might have” standing” to bring a lawsuit to compel his compliance with the clauses. Out of three cases filed in 2017, one has been dismissed, while two judges have re...

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Blockchain, Business Supply Chains, Sustainability, and Law: The Future of Governance, Legal Frameworks, and Lawyers?

SSRN Electronic Journal

Rodolfo's Casa Caribe in Cuba: Business, Law, and Ethics of Investing in a Start-up in Havana

Journal of Legal Studies Education

Shake Your Stakeholder: Firms Leading Engagement to Cocreate Sustainable Value

Organization & Environment

While most extant scholarship has focused on how stakeholders influence firms, we propose that fi... more While most extant scholarship has focused on how stakeholders influence firms, we propose that firms play a critical role in “shaking” stakeholders. Shaking stakeholders means to proactively initiate cooperation with those affected by a firm to alter awareness, behavior, and networks so as to catalyze change in society and the marketplace to reward cocreated innovations in core operations of the firm that improve social and environmental impacts. Two previously underappreciated aspects of stakeholder relations are highlighted. First, the firm can be the entity that leads engagement that shakes stakeholders out of complacency. Second, firms can catalyze collaborative relationships to cocreate sustainable value that is shared with stakeholders. We offer several cases to illustrate this strategy. While stakeholder shaking may be useful in any business environment, global ecological crises, societal problems, and governance failures heighten the need for firms to take action to bring ab...

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Rodolfo's Casa Caribe in Cuba: Business, Ethical & Legal Challenges of Investing in a Start-Up in Havana

SSRN Electronic Journal

City Sustainability Reporting: An Emerging and Desirable Legal Necessity

SSRN Electronic Journal

Using Proactive Legal Strategies for Corporate Environmental Sustainability

SSRN Electronic Journal

We argue that proactive law can help organizations be more sustainable. Toward that end, this Art... more We argue that proactive law can help organizations be more sustainable. Toward that end, this Article first summarizes proactive law literature as it pertains to corporate sustainability. Next, it examines a series of cases on the pivotal nexus between proactive law and corporate sustainability. It then advances novel propositions that connect proactive law to central organizational design elements. The discussion traces further implications and suggests fruitful avenues for research and ways of using proactive law for firms to become more sustainable.

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A happiness Kuznets curve? Using model-based cluster analysis to group countries based on happiness, development, income, and carbon emissions

Environment, Development and Sustainability