An Annotated Bibliography Heather Hails Academic affiliation: Oklahoma State University ©Read the copyright notice at the bottom of this page before reproducing this essay/webpage on paper, or electronically, or in any other form. |
Baynes, Leonard M. “Just Pucker and blow: An analysis of
corporate
whistleblowers, the
duty of care, the duty of loyalty, and the Sarbanes-Oxley Act.” St. John’s
Law
Review 76.4 (2002). Pro Quest. Oklahoma State University Library. 28 Sept.
2003 http://www.proquest.umi.com/pqdweb. An employee who wants to blow the
whistle and reveal a company’s wrongdoing has the Sarbanes-Oxley Act to
somewhat protect them, though it does not take into account the ways
corporations have to get around it, along with the executive’s duties of care
and loyalty to the company. Sherron Watkins, the person who blew the whistle
on Enron, is considered an example of an effective whistle-blower. Whistle-
blowing also greatly affects the executives of a company who are given
information from an employee. Executives have to deal with their duty of
loyalty to the corporation and their duty of care to perform their job and
know
when to report wrongdoing. The Sarbanes-Oxley Act prohibits discrimination
against employees who reveal information of wrong conduct. However, it has
many loopholes that need to be fixed in order to give more complete
protection. This article has important information for those considering
blowing the whistle at their company.
Berenbeim, Ronald. “Improper Corporate Behavior: Enron’s Syllabus of
Errors.”
Vital
Speeches of the Day 68.10 (2002): 305-308. Enron executives, accountants, and
lawyers compromised many aspects of business ethics. Berenbiem shows Enron’s
violations and compromises in ten parts of business ethics that he discusses
in
the course he teaches over that subject. The ten “classes” he focuses on are
market failures, truth and disclosure, side deals and payoffs, whistle-
blowing,
managers and directors, social responsibility, moral standards across borders,
control by law, duties in primary markets, and insider trading. He chooses
not
to discuss the final three topics of right to privacy, patterns of
discrimination, and termination and downsizing because they are already
publicly discussed. Berenbeim takes an interesting approach to Enron by
presenting it as a class syllabus. It is very helpful because it highlights
where Enron went wrong in several different areas.
Cruver, Brian. Anatomy of Greed: The Unshredded Truth from an Enron Insider.
New
York: Carroll and Graff Publishers, 2002. In chapter eight of his book,
Cruver
tells his story of the way he and other employees were treated during and
after
the time of Enron’s bankruptcy. The mood is strangely calm as thousands of
employees are told they have thirty minutes to evacuate the building. They
later find out that their 401(k) retirement plans have been canceled and their
severance pay is $4500 each, no matter how many years they have worked at
Enron. Employees are outraged by the 55 million in retention bonuses given to
five hundred “critical” employees before bankruptcy. He describes the angry
and frustrated feelings he has towards Enron executives, and the struggle of
beginning a new job search in a poor job market. This book gives a very clear
look into the bewilderment that employees faced after the collapse of Enron.
Farhi, Paul. “A Whistle That Can Pierce the Glass Ceiling.” Washington Post
6
July
2002: C1+. Oklahoma State University Microfilms. Women are more likely to
blow the whistle in big corporations because they are not as concerned with
the
hierarchy of business as men are. The most famous cases of whistle-blowing
have been done by women. Some tests have proven that women’s societal and
psychological needs make them less susceptible to engaging in or covering up
corporate wrongdoing. As far back as ancient Greece, women have been blowing
the whistle. He calls women “insiders with outsider values,” which is a very
unfair generalization. This article is very sexist and not open-minded to
both
sides of the argument. He basically blames women for revealing the corporate
misdeeds that have caused corporations such as Enron to fall.
Fox, Lauren. Enron: The Rise and Fall. Hoboken: John Wiley and Sons, 2003.
In
chapter eleven, this book discusses the reactions of employees to being laid
off. Employees are angered by the extremely low severance pay that they were
given which fell far below their expectations. They also miss the people they
worked with and the atmosphere they worked in at Enron. The most staggering
down side is the loss of their 401(k) plans, which collapsed with Enron’s
stock. “Its like psychologically and financially we’ve been assaulted.” It
also shows how the five hundred retained employees are treated during CEO Ken
Lay’s reorganization in the treacherous months that follow, along with the
many
scandals that continued to plague Enron following its bankruptcy. This book
is
very useful because it shows the different cases that people have brought
against Enron in response to the 401(k)’s and all the other problems Enron
employees have faced and are still facing.
Millon, David. “Worker Ownership Through 401(k) Retirement Plans: Enron’s
Cautionary Tale.” St. John’s Law Review 76.4 (2002): 835-853. Worker’s can
basically gain ownership of their corporations through the way 401(k) plans
are
currently set, which is not a good system as Enron proved. Workers gain a
right to vote their shares of company stock, but at huge corporations like
Enron, this is not enough to make any significant difference, even if all
employees voted the same way. There are many arguments presented in this
article for using the current pension plan system, however; Enron’s collapse
shows that these arguments should not be upheld. Congress is currently
considering a “mandatory diversification” which would keep employees from over-
investing their pension plans through buying stocks. This article is very
useful in explaining the organization of pension plans, and clearly
illustrates
how Enron exemplifies the gaps in the system.
Near, Janet P., and Marcia P. Miceli. “Effective Whistle-Blowing.” The
Academy of Management Review 20.3 (1995): 679-708. There are individual and
situational variables that affect the outcome of whistle- blowing. These
variables also provide a model, which shows predictors of whistle-blowing that
result in wrongdoing being stopped. This model also provides a place for
propositions to be drawn about how to make whistle-blowing more effective from
the research it produces. Whistle-blowing is considered effective when change
is implemented in a company to fix the problem that was revealed. Since, this
does not frequently occur, research should be conducted to find conditions
that
would be more conducive ot successful whistle-blowing. This article has good
research and a very extensive bibliography. It provides an excellent
definition of effective whistle-blowing, and makes an important point that
whistle-blowing is not something that should be done without consideration of
the adverse effects it may have.
Near, Janet P., Terry Morehead Dworkin, and Marcia P. Miceli. “Explaining the
Whistle-Blowing Process: Suggestions from Power Theory and Justice Theory.”
Organization Science 4.3 (1993): 393-411. Legal procedures do not seem to be
as effective in encouraging positive results for the whistle-blower and its
corporation as legalistic responses designed by the organization itself. The
theories of power relations and justice provide a framework for explaining
whistle-blowing and produce information useful for policy suggestions to
encourage companies to respond positively to whistle-blowers. Legalistic
responses are set up by companies to provide policies and procedures to
encourage whistle-blowing within their own corporations without influence from
outside laws. The power relations theory deals with the process of the
whistle-
blower and the company trying to exert power over each other in order to
resolve the issue. The justice theory relies on procedural justice that
predicts how satisfied whistle-blowers are with the procedures taken to deal
with the problem and distributive justice which produces that satisfaction.
These are excellent theoretical foundations that allow for policies to be
formed which will encourage whistle-blowing.
Sims, Ronald R., and Johannes Brinkmann. “Enron Ethics (or: Culture Matters
More
Than Codes).” Journal of Business Ethics 45.3 (2003): 243-256. The culture
that Enron executives created is what set up Enron’s unethical way of doing
business. Enron is a pipeline company that became a very large and powerful
corporation; however, its top executives frequently compromised ethics to make
money, which ended up causing Enron to go bankrupt. In order to see where the
executives went wrong and how the new CEO, Stephen Cooper can restructure the
company, Schein’s five primary mechanisms to developing culture need to be
implemented. These are attention focusing, reaction to crises, role modeling,
rewards allocation, and criteria for hiring and firing. This article gives
very good advice on how Cooper can restructure the company. It also focuses
on
how the employees are affected by the poor choices of the leaders, which is
very important to the ethical health of a corporation.
Watkins, Sherron. “Pristine Ethics: Who Do You Trust?” Vital Speeches of the
Day
69.14 (2003): 435-439. Enron is the epitome of the abuse of power at the
corporate level. Sherron Watkins tells her story of how she discovered Enron’s
wrongdoings and exposed them. She then discusses how her life has been
affected and why she considers herself to have failed in her whistle-blowing
efforts. Watkins also discusses how Enron has affected the public, along with
the way its executives caused the problems. She concludes that in order for
the business world to move forward, trust needs to be reestablished in
executives. Her personal story is very informative about the background
surrounding Enron, and how it has affected her and the public.
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