Academy of Legal Studies in Business

Transcription

88th Annual Conference
Boston, Massachusetts
August 6-11, 2013
Hosted By:
University of Florida
Warrington College of Business Administration
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2013 Annual Conference
Boston, Massachusetts
Table of Contents
Welcome from the Program Chair ........................................................................... 4
Welcome from the President .................................................................................... 5
ALSB Executive Committee Members ................................................................... 6
Publishers ................................................................................................................. 7
ABLA / ALSB Past Presidents .............................................................................. 17
1995 - 2012 ALSB Annual Award Recipients ...................................................... 18
2013 - 2014 Regional Conferences ........................................................................ 23
Conference Program:
Day-by-Day Schedule.................................................................................. 36
Abstracts ...................................................................................................... 53
Participant Index .......................................................................................... 79
2014 Annual Conference – Seattle ........................................................................ 82
2015 Annual Conference – Philadelphia ............................................................... 82
Map of Hotel Meeting Rooms ............................................................................... 83
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Welcome Letter from the Program Chairperson
Dear Friends and Colleagues,
Our sponsoring schools, the University of Florida, Bentley University, and Boston College,
welcome you to the 2013 Academy of Legal Studies in Business Annual Conference in Boston.
The conference promises to be the biggest (possible exaggeration) and best (no exaggeration, but
of course, I am biased) ALSB conference ever!
This conference celebrates the 30th anniversary of the last ALSB conference in Boston, and
commemorates the presidency of John F. Kennedy on the 50th anniversary of his assassination
with a visit to and dinner at the truly spectacular John F. Kennedy Library and Museum. Our
social events are truly outstanding including the historic Freedom Trail and quirky Duck Boat
tours. If you have not seen enough of the city after these tours, enjoy a totally different
perspective and aerial view of Boston by attending the Ice-Breaker Cocktail Party Wednesday
afternoon on the Skywalk observation deck of the Prudential Tower—fully 51 stories in the air!
Do take the opportunity to explore Boston on your own. The luxurious Fairmont Hotel literally
puts our members unequivocally in the heart of one of the most fabulous cities in the world.
There are a myriad superb and unique restaurants and bars within walking distance—even more
are a short cab ride away. Bring plenty of cash or plastic because you will not be able to resist
the Shops at Prudential Center or Newbury Street—a shopping venue that rivals 5th Avenue in
New York, Michigan Avenue in Chicago, Rodeo Drive in Beverly Hills, and the Champs
Elysées in Paris.
Of course we are literally bursting at the seams with a record number of papers, panels, and
exciting speakers to quench your thirst for knowledge, enlightenment and wisdom. We requested
and received more space to house the incredible demand for presentations, workshops and
panels. Whatever your academic, research, or pedagogical interests are, I have little doubt that
there is something on the schedule to satisfy your curiosity.
Therefore, do take advantage of all the conference has to offer. The program staff of ALSB
Executive Secretary Dan Herron and his family, Program Coordinator Shelly Whitmer, and I
have worked to make the 2013 ALSB Conference truly special and memorable. It has been a
labor of love. I truly hope that you enjoy the conference as much as we have enjoyed bringing it
to fruition.
Robert
Robert E. Thomas
Program Chair
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Welcome message from your President
Colleagues,
Welcome to the 88th annual conference of the Academy of Legal Studies in Business.
Newcomers, I hope that you sense the collegiality and mentoring support that awaits you as a
member of the ALSB family.
Join me for an informal “Teaching Tips” session on Thursday, August 8 from 3:40-5:00 (G1).
Colleagues can share short antidotes or ideas for stimulating student interest in a particular topic.
It is also an opportunity to seek collective feedback from other members on how to handle
particular classroom challenges or student issues. The Master Teacher Symposium offers longer
formal presentations illustrating teaching approaches on Thursday morning. The Research
Symposium has been revived this year, as an alternative for those who prefer advice on fostering
a research agenda. In addition, there are paper presentations on a wide variety of legal and
pedagogical topics.
Program Chairperson, Robert Thomas, has planned a conference that combines scholarly paper
presentations with opportunities for touring and fellowship. Our dinner at the JFK Presidential
Library is a special highlight, coinciding with the 50th anniversary year of the assassination of
President Kennedy.
Last Fall I had the pleasure of compiling a summary of the highlights and locations of our former
annual conferences, recognizing the program chairpersons and presidents who facilitated those
fine experiences. This spreadsheet historical summary can be found under the Members Only
link on the ALSB Website under “About Our Discipline.” It also provides a sense of the
historical evolution of our discipline and organization. Fifty years ago, we had no electronic
interaction among members. ALSB Talk began in 1994 as a mechanism for discussion of legal
and academic issues. Today we are exploring new ways of using technological advances to
enhance communication and learning experiences. While continuing to advocate for our
discipline, J.D. qualifications, and the value of full-time tenure-track faculty positions, we need
to better integrate the part-time instructors who are becoming an increasingly greater component
of our faculties. Emphasizing the relevance of legal and regulatory issues to successful business
practices is as important a challenge today as it was when our organization began.
Best wishes to everyone for a wonderful conference and a successful academic year!
Carol
Carol J. Miller
Missouri State University
ALSB President
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2012 - 2013 ALSB
Executive Committee
President
President-Elect
Vice President
Carol J. Miller
Missouri State University
Robert E. Thomas
University of Florida
Cindy A. Schipani
University of Michigan
carolmiller@missouristate.edu
rethomas@ufl.edu
schipani@umich.edu
Secretary-Treasurer
Past President
Chief Accounting Officer
Daniel R. Cahoy
Penn State University
Constance E. Bagley
Yale School of Management
Linda Christiansen
Indiana University-Southeast
dancahoy@psu.edu
connie.bagley@yale.edu
lchristi@ius.edu
JLSE Editor-in-Chief
AACSB Int'l Liaison
Executive Secretary
Rob Landry
Jacksonville State University
Peter Shedd
University of Georgia
Daniel Herron
Miami University
rlandry@jsu.edu
pshedd@uga.edu
3111-Farmer School of Business
Department of Finance
Oxford, OH 45056
ABLJ Editor-in-Chief
Telephone: 800-831-2903
herrondj@muohio.edu
Robert Bird
University of Connecticut
Robert.bird@uconn.edu
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Past Presidents
American Business Law Association / Academy of Legal Studies in Business
1924-29 - C. Reed, Univ of Pittsburgh
1976 - Charles M. Hewitt, Indiana Univ
1930 - Charles N. Hulvey, Univ of Virginia
1977 - Jordan B. Ray, Univ of Florida
1931 - Alfred W. Bays, Northwestern Univ
1978 - Edwin W. Tucker, Univ of Connecticut
1932-33 - Earl S. Wolaver, Univ of Michigan
1979 - Terry L. Lantry, Colorado State Univ
1934 - Carl J. Altmaier, Drexel Univ
1980 - Michael P. Litka, Univ of Akron
1935-36 - Miles H. Jones, Univ of Pittsburgh
1981 - Gerard Halpern, Univ of Arkansas
1937 - Sheldon C. Tanner, Penn State Univ
1981 - G. Gale Roberson, Northwestern Univ (Honorary)
1938 - John C. Teevan, Northwestern Univ
1982 - William G. Elliot, Saginaw Valley State Univ
1939 - Thomas S. Kerr, Univ of Idaho
1983 - Robert N. Corley, Univ of Georgia
1940 - Harold F. Lusk, Indiana Univ-Bloomington
1984 - John D. Donnell, Indiana Univ-Bloomington
1941 - S. Homer Smith, Temple Univ
1985 - Paul M. Lange, California State Univ-Fresno
1947 - Essel R. Dillavou, Univ of Illinois
1986 - Bruce D. Fisher, Univ of Tennessee
1948 - Gerald O. Dykstra, Ohio Univ
1987 - Patricia Pattison, Univ of Wyoming
1949 - Robert E. Stone, Syracuse Univ
1988 - Frank F. Gibson, Ohio State Univ
1950 - Lewis F. Mayers, City College of New York
1989 - Robert R. Jespersen, Univ of Arkansas-Little Rock
1952 - John F. Sembower, Northwestern Univ
1990 - Thomas W. Dunfee, Univ of Pennsylvania
1953 - Paul C. Roberts, Univ of Illinois
1991 - Bill Shaw, Univ of Texas at Austin
1954 - Edward A. Smith, Syracuse Univ
1992 - Brenda Knowles, Indiana Univ South Bend
1955 - Joseph L. Frascona, Univ of Colorado
1993 - O. Lee Reed, Univ of Georgia
1956 - Milton B. Dickerson, Michigan State Univ
1994 - Marsha E. Hass, College of Charleston
1957 - Wesley C. Harter, Florida State Univ
1995 - Donald R. Nelson, Univ of Denver
1958 - Cornelius W. Gilliam, Univ of Washington
1996 - Richard L. Coffinberger, George Mason Univ
1959 - Harry M. Schuck, Univ of Wisconsin
1997 - Frances J. Hill, Univ of Wisconsin-Whitewater
1960 - William Zelermyer, Syracuse Univ
1998 - Caryn L. Beck-Dudley, Utah State Univ
1961 - Hendrik Swarensteyn, Michigan State Univ
1999 - Peter J. Shedd, Univ of Georgia
1962 - John L. Wyatt, Univ of Florida
2000 - Sally Gunz, Univ of Waterloo
1963 - Dwayne L. Oglesby, Louisiana Tech Univ
2001 - Frank Cross, Univ of Texas
1964 - Kathryn H. Duffy, Univ of Nevada
2002 - Virginia Maurer, Univ of Florida
1965 - William J. Robert, Univ of Oregon
2003 - James Highsmith, California State Univ-Fresno
1966 - Charles Martin, City Univ of New York
2004 - Nancy Kubasek, Bowling Green State Univ
1967 - Dugald W. Hudson, Georgia State Univ
2005 - Terry M. Dworkin, Indiana Univ-Bloomington
1968 - Russell Decker, Bowling Green State Univ
2006 - Frances E. Zollers, Syracuse Univ
1969 - John R. Carrell, North Texas State Univ
2007 - Lynda J. Oswald, Univ of Michigan
1970 - Gary I. Salzman, Univ of Miami
2008 - Robert B. Bennett, Jr., Butler Univ
1971 - Edwin Kassoff, Pace Univ
2009 - Kathleen A. Lacey, CSU-Long Beach
1972 - Gaylord A. Jentz, Univ of Texas at Austin
2010 - Lucien Dhooge, Georgia Institute of Technology
1973 - Thomas J. Wynn, DePaul Univ
2011 - Janine Hiller, Virginia Tech
1974 - Barbara George, CSU-Long Beach
2012 – Connie Bagley, Yale
1975 - Phillip J. Scaletta, Jr., Purdue Univ
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Annual Awards 1992-2012*
Senior Distinguished Faculty Awards
2012
2008
2006
2006
2004
2003
2002
2001
2000
1999
1998
1997
1995
Junior Distinguished Faculty Awards
Mike Bixby, Boise State
Terry Morehead Dworkin, Indiana University
Constance Bagley, Harvard University
Peter Shedd, University of Georgia
George D. Cameron III, University of Michigan
Steve Salbu, University of Texas at Austin
Arthur Marinelli, Ohio University
Gerald Ferrera, Bentley College
Deborah Ballam, Ohio State University
Fran Zollers, Syracuse University
Brenda Knowles, Indiana University at S. Bend
Bill Shaw, University of Texas at Austin
Lee Reed, University of Georgia
2012
2011
2010
2008
2007
2007
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
Norm Bishara, University of Michigan
Patricia Abril, University of Miami
Corey Ciocchetti, University of Denver
David W. Hess, University of Michigan
Leigh Anenson, University of Maryland
Dan Cahoy, Penn State University
Stephanie Greene, Boston College
Ann Morales Olazabal, University of Miami
Robert C. Bird, Seton Hall University
Lucien Dhooge, University of the Pacific
Bruce Zucker, Cal State at Northridge
Martin McCrory, Indiana University
Joan Gabel, Georgia State University
Tim Fort, University of Michigan
Dana Muir, University of Michigan
Dan Ostas, University of Maryland
Kay Duffy Outstanding Service Award (First awarded in 1998)
2010
2010
2008
2006
2005
2005
Virginia Maurer, University of Florida
Gaylord Jentz, University of Texas
Lynda J. Oswald, University of Michigan
Ernie King, University of Southern Mississippi
2002
2001
2000
1999
1998
Sandy Searleman, Adirondack Community College
Sally Gunz, University of Waterloo
Marsha Hass, College of Charleston
Peter Shedd, University of Georgia
Caryn Beck-Dudley, Utah State University
Charles M. Hewitt Master Teacher Awards (First awarded in 1998)
2012
2011
2010
2009
2008
2007
2006
2005
Mike Koval, Salisbury University
Marianne DelPo Kulow, Bentley University
Marisa Pagnattaro, University of Georgia
Marcia Staff, University of North Texas
Ross Petty, Babson College
Patricia Pattison, Texas State University
Corey Ciochetti, University of Denver
Jordan Halgas, California State University, Sacramento
2004
2003
2002
2001
2000
1999
1998
Julie Magid, Indiana University
Jeff Sharp, Penn State University
Tom Cavenagh, North Central College
Peter Bowal, University of Calgary
Carolyn Hotchkiss, Babson College
Nancy Oppenheim, Fort Lew College
Jeff Beatty, Boston College
Virginia Maurer Outstanding Ethics Paper Award (First awarded in 2007)
2012
2012
2012
2011
2010
2009
Catharyn Baird, Regis University
Anita Cava, University of Miami
Don Mayer, University of Denver
Joshua E. Perry, Indiana University
Norman Bishara, University of Michigan
George Siedel, University of Michigan
2008
2007
2007
Carol Bast, University of Central Florida
Linda Samuels, George Mason University
Jackson-Lewis LLP Outstanding Employment Law Paper (First awarded in 2011)
2012
2012
Christine O’Brien, Boston College
2011
2011
Shelley McGill, Wilfrid Laurier Univ
Ann Marie Tracey, Xavier Univ
Gaylord Jentz Memorial Scholar Award (First awarded in 2011)
2012
2012
Keith Diener, Georgetown University
Romain Lorentz, St. Thomas University
2011
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Elizabeth Brown, Bentley College
Annual Awards 1992-2011 Continued*
Holmes-Cardozo Awards (Best Submitted Paper at the Annual Conference)
2012
Best Paper: Nancy King, Oregon State University & V.T. Raja
Outstanding Paper: Nancy King, Oregon State University
Distinguished Paper: Christine O’Brien, Boston College;
Stephanie Greene, Boston College; and Mystica Alexander,
Bentley University
2011
Outstanding Paper: Nathaniel Grow, Univ of Georgia
Distinguished Paper: Phillip Nichols, Wharton; Norman
Bishara, Univ of Michigan; Michelle Westermann-Behaylo;
and David Orozco, Florida State Univ.
2010
Outstanding Paper: Corey Ciocchetti, University of Denver
Distinguished Paper: Robert Sprague, University of
Wyoming, and Aaron J. Lyttle
2009
Best Paper: Robert Emerson, University of Florida
Distinguished Paper: T. Leigh Anenson, University of
Maryland
2008
Best Paper: Wade Chumney, Belmont University, David L.
Baumer, North Carolina State University, and Roby
Sawyers
Distinguished Paper: Adam J. Sulkowski, UMass Dartmouth,
and Robert W. Emerson, Univ of Florida
2007
Best Paper: Robert Bird, University of Connecticut, and Dan
Cahoy, Penn State University
Distinguished Paper: Debra Burke, Western Carolina
University and Leigh Anenson, University of Maryland
2006
Best Paper: Beverly Earle and Gerald Madek, Bentley College
Distinguished Papers: Kevin Marshall and Juanda Lowder
Daniel, University of LaVerne, and Charles H. Smith,
California State University-Fullerton
2005
Best Paper: Nancy King, Oregon State University, and Gail
Lasprogata, Seattle University
Distinguished Paper: T. Leigh Anenson, University of
Maryland
2004
Best Paper: Terence Lau, University of Dayton
Distinguished Paper: T. Leigh Anenson, Univ of Akron
2003
Best Paper: Lynda Oswald, University of Michigan 2002
Best Paper (tie): Dan Cahoy, Penn State University, and
Distinguished Paper: Joshua Newberg; Nancy Mansfield and
Joan Gabel, Georgia State University, and Ross Petty,
Babson College
2001
Best Paper: Royce Barondes, University of Georgia; Eletta
Callahan, Syracuse University; Terry M. Dworkin, Indiana
University; and Tim Fort and Cindy Schipani, University
of Michigan
Distinguished Paper: Sally P. Gunz, University of Waterloo
and Hugh P. Gunz, University of Toronto
2000
Best Paper: Susan L. Martin, Hofstra University
Distinguished Paper: Eletta Callahan, Syracuse University,
and Terry M. Dworkin, Indiana University
1999
Best Paper: Andrea Giampetro-Meyer, Loyola
Distinguished Papers: Lynda Oswald, University of
Michigan, and Nim Razook, Oklahoma University
1998
Best Paper: Neil Browne, Bowling Green State Univ.
Distinguished Papers: Dan Ostas, University of Maryland,
and Robert Thomas, University of Florida
1997
1996
Best Paper: Steve Salbu, University of Texas at Austin
Distinguished Papers: Susan Martin, Hofstra University, and
Virginia Maurer and Robert Thomas, Univ of Florida
1995
1994
Best Paper: Dan Ostas and Burt Leete, University of
Maryland
1993
Best Paper: Edward J. Conry, University of Colorado at
Denver and Caryn Beck Dudley, Utah State University
1992
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Proceedings Papers Awards (First awarded in 1992)
2012
2011
Robert Kearney, Illinois Wesleyan University
Shelley McGill, Wilfrid Laurier University
Christine O’Brien, Boston College
Debra Burke, Western Carolina University
Rita Cain, Univ of Missouri-KC
Sean Melvin, Elizabethtown College
Adam Sulkowski, UMass Dartmouth
2010
Susan L. Martin, Hofstra University
Lucien Dhooge, Georgia Institute of Technology
2009
Corey Ciocchetti, University of Denver
John Holcomb, University of Denver
Dale B. Thompson, University of St. Thomas
Robert Bird, University of Connecticut
2008
Daniel T. Ostas, University of Oklahoma
Wade Chumney, Belmont University
David L. Baumer, North Carolina State University
Roby Sawyers
2007
Beverly Earle, Bentley College
Robert Landry
Christina Madek
Gerald Madek, Bentley College
Amy Yarborough
2001
Cindy Schipani, University of Michigan
2000
1999
Michael Bradley, Duke University
Anant Sundram, Thunderbird
James P. Walsh, University of Michigan
1998
Daniel T. Ostas, University of Maryland
James J. Noone, University of Michigan
1997
Edward Schoen, Rowan University
Joseph Falchek, King's College
1996
Nancy White Huckins, Hofstra University
1995
Shannon K. O'Bryne, University of Alberta
2006
Debra D. Burke, Western Carolina University
Lucien J. Dhooge, University of the Pacific
1994
Susan D. & Jonathan L. Martin, Hofstra University
Bill Shaw, University of Texas
2005
Paula Schaefer, Central Missouri University
Dawn Swink, University of St. Thomas
Jordan T.L. Halgas, CSU, Sacramento
1993
Ramona Paetzold, Texas A&M University
Bill Shaw, University of Texas
Art Marinelli, Ohio University
1992
John Yeargain, Southeastern Louisiana University
John Tanner, Southeastern Louisiana University
Linda S. Hamilton
Michael P. Roberts
Dan Herron, Miami University
Sheila Adams
Richard Engdahl
2004
2003
2002
20
Hoeber Memorial Awards (Journal Articles) (First awarded in 1995)
2012
ABLJ Best Article: Joshua Perry, Indiana University
ABLJ Outstanding Article: Patricia Abril, University of Miami;
Avner Levin, Alissa Del Riego & Robert Weber
ABLJ Excellence in Research: Sandra Miller, Widener
University and Larry DiMatteo, University of Florida
JLSE Outstanding Article: Marianne Jennings, Arizona State
University
2011
ABLJ Outstanding Article: Phillip Nichols, Wharton
ABLJ Excellence in Research: John Hill; Arlen Langvardt,
Anne Massey and Jonathan Rinehart, Indiana University; and
Patricia Abril, University of Miami
JLSE Outstanding Article: Donna Steslow, Kutztown Univ and
Carolyn Gardner
2010
ABLJ Outstanding Article: Robert Prentice and Dain Donelson,
University of Texas at Austin
ABLJ Excellence in Research: Shelley McGill and Wilfrid,
Laurier University
JLSE Outstanding Article: Bill McClendon, Debra Burke, and
Lorrie Willey, Western Carolina University
JLSE Excellence in Research: Susan L. Willey and Peggy B.
Sherman, Georgia State University
2009
ABLJ Best Paper: Robert Prentice, University of Texas at
Austin
ABLJ Excellence in Research: Nim Razook, University of
Oklahoma
JLSE Best Article: Tonia Murphy, Univ of Notre Dame
JLSE Excellence in Research: Robert Bennett, Butler
University, and Roger Johns, New Mexico State Univ
2008
ABLJ Outstanding Article: Daniel T. Ostas, Univ of Oklahoma
ABLJ Excellence in Research: Janine Hiller, Virginia Tech,
Jung-Min Park, Michael Hsiao, and France Belanger
JLSE Outstanding Article: Marianne Jennings, Arizona State
University, and Stephen K. Happel
JLSE Distinguished Article: Shelly McGill, Wilfrid Laurier
University
2007
ABLJ Outstanding Article: Don Mayer, University of Denver
and Paula Schaefer, University of Central Missouri
JLSE Excellence in Research: Carol Miller, Missouri State
University, and Susan Crain, Missouri State University
JLSE Outstanding Article: Larry DiMatteo, University of
Florida, and Leigh Anenson, University of Maryland
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2006
ABLJ Outstanding Article: Jamie Prenkert and Julie Magid
Manning, Indiana University
ABLJ Distinguished Article: Lucien J. Dhooge, University of
the Pacific, and T. Leigh Anenson, University of NevadaLas Vegas
JLSE Outstanding Article: Robert C. Bird, University of
Connecticut
JLSE Distinguished Article: Lucille M. Ponte, University of
Central Florida
2005
ABLJ Outstanding Article: Dan Ostas, University of
Oklahoma
ABLJ Distinguished Article: Lynda Oswald, University of
Michigan
JLSE Outstanding Article: Robert Bird, University of
Connecticut; Lucille Ponte, University of Central Florida;
and Stephen Lichstenstein and Gerald Ferrera, Bentley
College
JLSE Distinguished Article: Marisa Anne Pagnattaro,
University of Georgia
2004
JLSE Outstanding Article: Nim Razook, University of
Oklahoma
JLSE Distinguished Articles: Lucien Dhooge, University of
the Pacific and Janell Kurtz and Drue Schuler, St. Cloud
State University
2003
ABLJ Outstanding Article: Jeffrey Sharp, Penn State
University
ABLJ Excellence in Research: Donna Gitter, Fordham Univ,
and Dan Cahoy, Penn State University
JLSE Outstanding Article: Daniel Ostas and Stephen Loeb,
University of Oklahoma; Marsha Hass and Steven J.
Arsenault, College of Charleston (2002-03)
2002
ABLJ Outstanding Article: Joshua Newberg
JLSE Outstanding Article: Gail Lasprogata; Lucien Dhooge,
University of the Pacific; and Keith Maxwell
Hoeber Memorial Awards Continued
2001
ABLJ Outstanding Article: Larry DiMatteo, University of
Florida
ABLJ Excellence in Research: Lucien Dhooge, University of
the Pacific, and Nim Razook, University of Oklahoma
JLSE Excellence in Research: Lucien Dhooge, University of
the Pacific and Judith Ogdon, Indiana Univ.-Kokomo
2000
ABLJ Outstanding Article: Lucien Dhooge, University of the
Pacific
ABLJ Excellence in Research: Paulette Stenzel, Michigan State
University, Deborah Ballam, Ohio State University, and
Arlen Langvardt, Indiana University
JLSE Outstanding Article: Gerald Ferrera, Stephen
Lichstenstein, and Margo Reder, Bentley College, and Nim
Razook and Larry Ferguson, University of Oklahoma
1999
ABLJ Outstanding Article: Robert Prentice, University of
Texas
ABLJ Excellence in Research: Dan Ostas, University of
Oklahoma, Sandra Miller, Widener University, and Tim Fort,
University of Michigan
JLSE Outstanding Article: Caryn Beck-Dudley, Utah State
University, and Marianne Jennings, Arizona State University
ABLJ Excellence in Research: Robert Thomas and Virginia
Maurer, University of Florida, and Lee Reed, University of
Georgia
JLSE Outstanding Articles: Nancy Kubasek, Bowling Green
State University, and Catharyn Baird, Regis University
1998
ABLJ Outstanding Article: Bob Bennett, Butler University, and
Jordan Leibman, Indiana University
ABLJ Excellence in Research: Lee Reed, University of
Georgia, Terry Dworkin, Indiana University, and Frank
Cross, University of Texas at Austin
JLSE Outstanding Co-Articles: Jack Raisner, St. John's
University, and Al Mukatis, Oregon State University
1997
ABLJ Outstanding Article: Arlen Langvardt and Eric Richards,
Indiana University
1996
ABLJ Outstanding Article: Dan Dalton and Mike Metzger,
Indiana University
ABLJ Excellence in Research: Michael J. Garrison and Terry
W. Knoepfle, North Dakota State University, James
MacDonald, Weber State University; and Caryn BeckDudley, Utah State University
JLSE Outstanding Articles: Lucy Katz, Fairfield University,
and Marianne Jennings, Arizona State University
1995
ABLJ Outstanding Article: Lee Reed, University of Georgia
ABLJ Excellence in Research: John Allison, University of
Texas at Austin, and Michael Braswell, P.R. Chandry,
Stephen Poe, and Charles Foster, University of North Texas
JLSE Outstanding Article: Lynn Sharp Paine, Harvard
University
Ralph Bunche Award for the Best International Paper
2012
Nancy King, Oregon State University
ALSB International Case Competition Awards (First awarded in 1999)
2012
2011
2010
2009
2007
2006
2005
2004
Lucien Dhooge, Georgia Tech
Sean Melvin, Elizabethtown College
Larry DiMatteo, University of Florida
Virginia Maurer, University of Florida
John McCutcheon, Wilfrid Laurier University
Lisa Johnson, University of Portland
Lisa Johnson, University of Puget Sound
Janine Hiller, Virginia Tech
Lucien J. Dhooge, University of the Pacific
2003
2002
2001
2000
1999
Susan Monseau, Rider College
John McCutcheon, Wilfird Laurier University
Peter Bowal, University of Calgary (co-winner)
Bill Shaw, University of Texas (co-winner)
Don Mayer, Oakland University (co-winner)
Chris Car, Cal-Poly/San Luis Obispo (co-winner)
George Siedel, University of Michigan (co-winner)
Bev Earle, Bentley College
* Please send any award corrections to Shelly Whitmer at sjmoore@umich.edu.
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PLENARY LUNCH SPEAKER
Lisa Kelly-Croswell
Ms. Kelly-Croswell has more than twenty-two years of experience in a wide range of global human resources
leadership roles. She is the outgoing Senior Vice President of Vertex Pharmaceuticals where she played a key
leadership role in helping transition the company from a small research organization to a $1.5B sustainable
biotechnology company now delivering two breakthrough medicines to patients around the world.
Prior to her role at Vertex, Ms. Kelly led human resources as Vice President of Human Resources at Nitromed, Inc.,
a former biopharmaceutical firm. Ms. Kelly-Croswell was also the Senior Vice President of Healthcare and Service
Operations at CIGNA where she led the human resources function supporting a 20,000-employee, $15 billion
business unit. Ms. Kelly-Croswell spent a large portion of her career in other world-class human resource
organizations, including roles at Monsanto Company and Frito-Lay, Inc., a division of PepsiCo. While at Monsanto,
Ms. Kelly-Croswell also held an expatriate assignment based in Singapore, leading Human Resources
responsibilities for Southeast Asia.
Ms. Kelly-Croswell currently serves on the boards of several nonprofit and professional organizations including:
Human Resources Leadership Forum, the Commonwealth Corporation, and the Celebrity Series of Boston
She received a B.S. in Finance and an M.A. in Labor and Industrial Relations from the University of Illinois at
Urbana-Champaign.
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MARKETING & SPORT LAW SECTION BREAKFAST SPEAKER
Lisa P. Masteralexis, J.D.
For the past 15 years, Lisa Masteralexis has been one of only a handful of women certified by the Major League
Baseball Players Association to serve as a baseball agent. As a founding partner in DiaMMond Management
Group (DMG), an Amherst, Massachusetts-based baseball-only representation firm, Masteralexis
has handled amateur draft, salary arbitration and free agency negotiations for DMG clients.
She has also handled numerous player grievances involving issues ranging from performance-enhancing
drug suspensions to workers compensation. The latter issue was litigated all the way to the Maine Supreme Court,
with a ruling favorable for the player (see, Masteralexis, J.T. & Masteralexis, L.P. "If You're Hurt, Where is Home?
Recently Drafted Minor League Baseball Players Are Compelled to Bring Workers' Compensation Action in Team's
Home State or in Jurisdiction More Favorable to Employers" 21:2 Marquette Sports Law Journal 574-597 (2011)).
She recently co-authored an article entitled "Sport Agent Regulations: Many groups attempt regulation, but are the
answer federally mandated independent industry regulations?” (20:1 Jeffrey S. Moorad Sports Law Journal 69-105
(2013)).
Masteralexis is the Department Head and an Associate Professor in the Mark H. McCormack Department of Sport
Management at the University of Massachusetts Amherst. She holds a J.D. from Suffolk University
Law School and a B.S. in Sport Management from the University of Massachusetts. In addition to the issue of sport
labor relations, Masteralexis has also written extensively on issues relating to intercollegiate athletics.
In 2000, Professor Masteralexis co-authored an amicus brief to the U.S. Supreme Court on behalf of disabled
professional golfer Casey Martin. She is the lead editor of Principles and Practice of Sport Management (a top
selling textbook on Sport Management), and currently serves on the Advisory Board of the Sports Law Institute.
EMPLOYMENT LAW SECTION LUNCH SPEAKER
Extraordinary Advocate, Robert P. Joy
Robert P. Joy, who successfully argued Lechmere, Inc. v. N.L.R.B., before the Supreme Court of the United States,
will speak at the Employment Law Section luncheon on August 8, 2013 at noon. Mr. Joy, chair of the management
committee at Morgan, Brown, & Joy, was the 2011 recipient of the Cushing-Gavin Award for labor relations, and he
is an inductee of The Litigation Council of America, a trial lawyer honorary society.
Mr. Joy has been recognized as one of the nation’s most respected lawyers for many years in succession by different
organizations, and he has authored several articles including an article about the Lechmere case. You can listen to
the argument in Lechmere at oyez.org in anticipation of this event.
ETHICS SECTION LUNCH SPEAKER
Dr. Beverly Kracher
Dr. Beverly Kracher, The Robert B. Daugherty Endowed Chair in Business Ethics & Society, Creighton University;
Executive Director and President, Business Ethics Alliance; Professor of Business Ethics and Society, Marketing
and Management.
Stepping Out of the Ivory Tower: Ethics in the City. Responding to the ethical crises in business, under the
leadership of Dr. Kracher, Creighton University, Business Ethics Alliance, and the Omaha Chamber of Commerce
developed a program to help members of the business community develop a shared understanding of ethical values
and behaviors that would define doing business in Omaha, Nebraska. The model has received national attention
through the U. S. Chamber of Commerce and provides a vision for how academics can work effectively with local
communities to shape an ethical culture.
34
35
Tues, 8/6 – Wed, 8/7
Day-by-Day Schedule
Tuesday, August 6
Executive Committee Meeting and Lunch
Registration
11:00 AM – 3:00 PM
Commonwealth
2:00 PM – 5:00 PM
Ballroom Foyer
3:30 PM
Instructions in Registration
Packet
Duck Boat Tour and Freedom Trail Tour
Wednesday, August 7
8:00 AM – 5:00 PM
Ballroom Foyer
Task Force Committee Meeting
8:00 AM – 10:00 AM
Singleton
House of Delegates Meeting
10:00 AM – 12:00 PM
Forum
Exhibitors
12:00 PM – 5:00 PM
Ballroom Foyer
Newcomers Lunch
12:00 PM – 1:30 PM
St. James
ABLJ Invited Scholars Colloquium
12:00 PM – 4:30 PM
See Session A1
Academic Break-Out Sessions
1:30 PM – 3:00 PM
See Sessions B1-B6
Coffee Break
3:00 PM – 3:15 PM
Ballroom Foyer
3:15 PM – 4:45 PM
See Sessions C1-C6
Ice-Breaker Cocktail Party
5:30 PM – 7:30 PM
The Hub (off-site)
7:30 PM
The Hub
Registration
ABLJ Invited Scholars Colloquium Dinner
A
ABLJ Invited Scholars Colloquium (A1)
12:00 PM – 4:30 PM
Singleton
Moderator: Jamie Darin Prenkert, Indiana University
~ This session is by invitation only. ~
1.
A Case of First Impressions: Protecting Websites’ Look and Feel by Liz Brown, Bentley University
(Daniel Cahoy, Penn State University - Discussant)
2.
Corporate Social Responsibility and the Global Commons: An Agent-Driven Approach to Global Governance by
Stephen Park**and Gerlinde Berger-Walliser, University of Connecticut
(Jamie Darin Prenkert, Indiana University and Marisa Pagnattaro, University of Georgia - Tag Teaming Lead
Discussant)
3.
The Digital Millennium Copyright Act, Interoperability, and the Violation of Your Constitutional Rights: How a
Constitutional Challenge to Copyright’s Anti-Circumvention Provisions Could Save the Fifth Amendment by Kenneth
Sanney, Central Michigan University
(Lynda Oswald, University of Michigan - Discussant)
4.
Teaching an Old Dog New Tricks: Adapting Public Utility Commissions to Meet Twenty-First Century Energy
Challenges by Inara Scott, Oregon State University
(Robert Prentice, University of Texas - Discussant)
**Stephen will be the participating author in the Colloquium activities.
We also are fortunate to have two additional excellent discussants who will be participating in all of the Colloquium activities:
Robert Bird, University of Connecticut and current ABLJ editor in chief, and Larry DiMatteo, University of Florida.
36
Day-by-Day Schedule
Wed, 8/7
B
Academic Sessions (B1 – B6)
1:30 PM – 3:00 PM
Locations
Panel
Copley
Session B1
A Cross Cultural Perspective on Advancing Women to Top Leadership in Organizations
Virginia Maurer, University of Florida (Chair)
Terry Dworkin, Indiana University & Seattle University
Session B2
Chizu Nakajima, Cass Business School, London
Constitutional Law
Venetian
Moderator: Patricia Abril, University of Miami
1.
First Amendment Concerns in Off-Label Promotion: Sciences vs. Marketing by Stephanie Greene, Boston College
2.
Recess Appointments: An Idea Whose Time is Past by Burke Ward and Labhras MacGabhann, Villanova School of
Business
3.
Religious Pretenders in the Courts: Unmasking the Imposters by John Hayward, Bentley University
4.
Tipping the Scales in Favor of Civilian Taping of Encounters with Police Officers by Carol Bast, University of Central
Florida
Session B3
Business Organizations and Combinations
Back Bay
Moderator: Robert Bennett, Butler University
1.
Balancing Women’s Rights and Religious Freedom Under the ACA by Karen Gantt, University of Hartford
2.
Regulatory/Political Climate, Education, Income, Sustainability & Company Headquarter Locations: What Connection
Exists, How to Interpret It and Next Steps for Business Law Scholarship by Adam Sulkowski, Kyle Potvin, and Amie
Tailor, University of Massachusetts
3.
The Sum of Their Parts: Unrelated Business Income Tax Liability Issues for the Entrepreneurial Activity of Small
Colleges and Universities by John McArdle, Centenary College and County College of Morris
Session B4
Tax Law
Commonwealth
Moderator: Stuart Graham, Georgia Institute of Technology
1.
Contextualizing Corporate Tax Planning by Karie Davis-Nozemack, Georgia Institute of Technology
2.
Eminent Domain of Mortgages: A Federal Income Tax Perspective by Valrie Chambers and Brian Elzweig, Texas
A&M University
3.
Insider Trading, One-Percenters and IRC Section 6103(e) by David Baumer and Roby Sawyer, North Carolina State
University and Wade Chumney, Georgia Institute of Technology
4.
Retroactive Revenue Grabs: Coming Soon to a State Near You by Mystica Alexander, Bentley University
Session B5
Ethics & CSR
Oval
Moderator: Elizabeth Brown, Georgia State University
1.
Duplicity in Higher Education: The Ethics of an Ethics Chair Search by John Holcomb, University of Denver
2.
Employees’ Perceptions of Ethics in Organizations by Tammy Cowart, Sherry Avery, Afton Barber, Jerry Gilley,
University of Texas and Ann Gilley, Ferris State University
3.
Ethics and Employment Law Challenge by Ilse Hawkins, University of Cincinnati
4.
Hypothetical Efficiency is not Grounds for Breach by Daniel Isaacs, Temple University
Session B6
Cyber Law / Internet Law
Ballroom
Moderator: Justin Blount, Stephen F. Austin State University
1.
Botnet Takedowns: Law and Policy by Janine Hiller, Virginia Tech
2.
Illuminating the Elusive Cyber-Infrastructure Policy Resolution: The Industrial Organization Lens by John Bagby,
Penn State University
3.
Pliers and Screwdrivers as Contributory Infringement Devices: Why Your Local Repair Shop Might be a Copyright
Infringement and What We Must Do To Stop the Craziness by Anjanette Raymond, Indiana University
4.
Sit Down and Shut Up: Common Courtesy in the Classroom (and Beyond): Use of Social Media in the Classroom by
Nina Golden, California State University, Northridge (Development Track)
37
Day-by-Day Schedule
Wed, 8/7
C
Academic Sessions (C1 – C6)
Session C1
3:15 PM – 4:45 PM
Locations
Development Track:
Employment / Labor Law and Policies
Copley
Moderator: John Bagby, Penn State University
1.
The Perils of Social Media: Navigating the Legal Risks by Patricia Nunley, Baylor University and Justin Blount,
Stephen F. Austin State University
2.
Mean or Misunderstood? Obstacles to Women Receiving Mentorship from Other Women in Law by Keith Hunter and
Monika Hudson, University of San Francisco
3.
New Model for an Age Old Problem of Child Protection in Higher Education by Seletha Butler, Georgia Institute of
Technology, Willie Lovett, Atlanta’s John Marshall School of Law and Valerie Njiiri, Voices for Children
4.
Females Are Absent from Undergraduate Business Schools: An Isolated Ailment or Silent Epidemic? by Laura Davis
and Victoria Geyfman, Bloomsburg University of Pennsylvania
Session C2
International Law
Venetian
Moderator: Elizabeth Cameron, Alma College
1.
State Responsibility for Bribe Solicitation and Extortion in International Business Transactions and Foreign Direct
Investment: Obligations, Obstacles and Opportunities by Bruce Klaw, University of Denver
2.
Food Security and Safety: Socio-Economic Considerations in Biotechnology Regulation by Debra Strauss, Fairfield
University
3.
Foreign Jurisdictional Algebra and Kiobel vs. Royal Dutch Petroleum: Foreign Cubed and Foreign Squared Cases by
Robert Wiener, Pace University
4.
The Human Rights-Related Aspects of Indigenous Knowledge in the Context of Common Law Equitable Doctrines and
Implications of the Kiobel Decision by Kevin McGarry, Texas Wesleyan University, David Orozco, Florida State
University and Lydie Cabrera Pierre-Louis, University of San Francisco
Session C3
Development Track:
Back Bay
Moderator: Konrad Lee, Utah State University
1.
As You ‘Like’ It: Facebook and Free Speech in the Workplace by Paula O’Callaghan, University of Maryland
University College and Jerome O’Callaghan, State University of New York at Cortland
2.
Emerging Legal Issues in Social Media by Margo Reder, Boston College
3.
Preservation, Proportionality and Sanctions Under the Federal and State Rules, and Current Case Trends by Vicki
Luoma, Minnesota State University and Milton Luoma, Metropolitan State University
4.
The Right to be Forgotten by Patricia Abril, University of Miami
Session C4
Intellectual Property Law
Commonwealth
Moderator: Karen Gantt, University of Hartford
1.
Do Investors Value Secrecy in Patenting? Evidence from the American Inventor’s Protection Act in 1999 by Stuart
Graham, U.S. Patent & Trademark Office and Georgia Institute of Technology and Deepak Hegde, U.S. Patent &
Trademark Office and New York University
2.
Fair Use in Australia? Fair Dinkum! by Richard Kunkel, University of St. Thomas
3.
Obviousness-type Double Patenting: A Surprising Impediment to Collaborative Research and Development by David
Silverstein, Sawyer Business School and Onello & Mello, LLP
4.
Eating Beyond 2050: A Coordinated Approach to Preserving Food Innovation and Access by Daniel Cahoy, Penn
State University
38
Wed, 8/7 – Thurs, 8/8
Day-by-Day Schedule
Regulatory Law and Environment, Energy &
Sustainability Law
Session C5
Oval
Moderator: Nina Golden, California State University, Northridge
1.
Food Safety in China: Chinese and World Legal Reactions by Nancy Carr, Community College of Philadelphia
2.
Franchise Hostages: Fast-Food, God and Politics by Robert Emerson, University of Florida
3.
Materiality, Investor Demands, Dodd-Frank: All Signs Greater Sustainability Disclosures Are Required by Adam
Sulkowski, University of Massachusetts
4.
Linking Business and Sustainability Concepts Using WRI’s Sustainability SWOT by Elet Callahan, Sustainable
Enterprise Partnership and Syracuse University
Session C6
Ethics & CSR
Ballroom
Moderator: Norm Bishara, University of Michigan
1.
Monsters, Incorporated: Why Corporations Aren’t Persons and Why We Shouldn’t Care Anyway by Amy Sepinwall,
University of Pennsylvania
2.
Reconsidering Lawyer Autonomy: The Nexus Between Firm, Lawyer and Client in Large Commercial Practice by
Ronit Dinovitzer, Hugh Gunz, and Sally Gunz, University of Toronto
3.
The Conflict Between Intellectual Property Protection and Innovation: Introducing a Duality Model for Ethical
Innovation by Wade Chumney, Georgia Institute of Technology, Gunther Schumaker, ICN Business School and
David Wasieleski, Duquesne University
4.
The Ethical Implications of Cloud Computing for Lawyers: Cloudy at Best by Stuart Pardau, California State
University, Northridge
Thursday, August 8
International Section Breakfast
7:30 AM – 9:00 AM
St. James
Technology Section Breakfast
7:30 AM – 9:00 AM
Singleton
Continental Breakfast
8:00 AM – 9:00 AM
Ballroom Foyer
Registration
8:00 AM – 5:00 PM
Ballroom Foyer
Exhibits
8:00 AM – 5:00 PM
Ballroom Foyer
Master Teacher Symposium
9:00 AM – 12:30 PM
See Session D1
Coffee Break
10:20 AM – 10:40 AM
Ballroom Foyer
Research and ABLJ Panel
10:40 AM – 12:15 PM
See Session E1
Environmental Law Section Lunch
Speakers: Jacob Vaillancourt,
Sustainable Business Entrepreneur and
Fred Kalisz, Mayor of Massachusetts’
fourth largest city and an expert on
brownfielding: the transfer, remediation,
and reuse of contaminated land.
12:30 PM – 2:00 PM
Singleton
Employment Law Section Lunch
12:30 PM – 2:00 PM
St. James
2:00 PM – 3:20 PM
See Sessions F1-F6
Coffee Break
3:20 PM – 3:40 PM
Ballroom Foyer
3:40 PM – 5:00 PM
See Sessions G1-G6
Speaker: Michael Meurer, Harvard
GLB & Friends Reception
Social Event
5:00 PM – 6:00 PM
St. James
Buses Depart at 5:45-6:15 PM
JFK Library (off-site)
39
Day-by-Day Schedule
Thurs, 8/8
D
9:00 AM – 12:30 PM
Location
Master Teacher Symposium
Ballroom
Academic Session (D1)
Session D1
Moderator: Mike Koval, Salisbury University
The Master Teacher Symposium is underwritten through the generosity of Irwin-McGraw Hill
1.
The Legal Beagle News Show: An Extreme Makeover for Socrates to Engage Students in Any Business Law Course by
Sandra Benson, Middle Tennessee State University
2.
“Jury, Jury, Halleluiah”: Replacing Myths With Understanding by Mark DeAngelis, University of Connecticut
3.
What’s So Funny About Peace, Love, Understanding and Pasta? by John McArdle, Centenary College and County
College of Morris
4.
Teaching Behavioral Ethics by Robert Prentice, University of Texas
E
10:40 AM – 12:15 PM
Locations
Research and ABLJ Panel
States A & B
Academic Sessions (E1)
Session E1
Demystifying the ABLJ and Establishing a Productive Research Agenda
Marisa Anne Pagnattaro, University of Georgia (Chair)
Daniel Cahoy, Penn State University
Jamie Darin Prenkert, Indiana University
F
Academic Sessions (F1 – F6)
2:00 PM – 3:20 PM
Locations
Panel
Copley
Session F1
Intellectual Property Strategic Behavior: Have Patent Trolls Finally Met Their Waterloo?
Website: http://patenttrolls.ist.psu.edu
John Bagby, Penn State University (Chair)
David Baumer, North Carolina State University
Tammy Cowart, University of Texas
David Orozco, Florida State University
Session F2
John Allison, University of Texas
Susan Marsnik, University of St. Thomas
Lynda Oswald, University of Michigan
Development Track:
Torts/Products Liability
State Suite A
Moderator: Keith Diener, George Washington University
1.
Studying is Dangerous? The Call for a National Uniform Standard for Study Abroad Liability by Robert Aalberts,
University of Nevada, Chad Marzen and Darren Prum, Florida State University
2.
Extending the Learned Intermediary Doctrine by Fred Morgan, Jeffrey Stoltman and Brad Carmean, Wayne State
University, John Miller and Kendi Pate, University of Kentucky, Karl Boedecker, University of San Francisco and
William Jones, University of South Dakota
\
3.
Faulty Cribs and Tainted Lipstick by Melanie Williams, California State University, Northridge
4.
Protecting Universities and Faculty in Experiential Education from Suits by Students: Practical Tips in Designing
Releases of Liability by Franklyn Salimbene, Bentley University
40
Day-by-Day Schedule
Session F3
Thurs, 8/8
Environment, Energy & Sustainability Law
Back Bay
Moderator: Sally Gunz, University of Waterloo
1.
Wind Farms: Remedy for Dependence on Fossil Fuels or New Threat to the Environment? by Sharlene McEvoy,
Fairfield University
2.
Does the Privatization of Public Lands Implicate the Public Trust Doctrine: An Analysis of Pennsylvania’s Statutory
and Common Law Treatment of Public Land by Michael Valenza, Temple University
3.
RRR via Brownfields by Michael O’Hara, University of Nebraska
4.
Green Building Geography Across the United States: Does Governmental Incentives or Economic Growth Stimulate
Construction? by Darren Prum and Tetsuo Kobayashi, Florida State University
Session F4
Development Track:
Employment / Labor Law
Commonwealth
Moderator: Miriam Albert, Hofstra University
1.
Enough Already: Workplace Bullying Statutory Protection is Not Needed by John Matejkovic and Margaret
Matejkovic, University of Akron
2.
Occam’s Razor in Employment Discrimination Law by Julie Manning Magid and Jamie Darin Prenkert, Indiana
University
3.
The Affirmative Action Debate: Diversity or Discrimination? by Winston Waters, Adelphi University
4.
Using Mediation to Address Conflicts Involving Religious Accommodation in the Workplace by Debbie Kaminer,
Baruch College/CUNY
Session F5
State Suite B
Moderator: Mark Bender, Monash University
1.
#IHateMyBoss: What Every Employer Needs to Know about regulating Employees’ Use of Social Media by Jessica
Magaldi and Richard Kraus, Pace University
2.
Crowd Funding, Emerging Growth Companies and Internet Fraud: A Brave New World or Lawyer’s Full Employment
by R. Clayton Trotter, University of Alaska Anchorage
3.
Employee Internet Privacy: Striking a Proper Balance Between Legitimate Employer Interests and Employee Privacy
by Susan Park, Boise State University
Session F6
Development Track:
Pedagogy and Tax
Forum
Moderator: Paula Murray, University of Texas
1.
Alterative Fee Arrangements: Some Basic Concepts for Business Students by Robert Draba, USDOJ and Alexander
Hewes, Private Practice
2.
Beyond the Black Letter Law: Re-Assessing How We Teach Corporate Governance by Alexis Stokes, Texas State
University, San Marcos
3.
Tax Issues Arising From Cell Phone Tower Leases: Can Landowners Overcome the Substitute for Ordinary Income
Doctrine? by Joel Tuoriniemi, Michigan Tech University
4.
The Federal Government Crack-down on Offshore Accounts: What it Means to Taxpayers by Trisha Wald,
Southwestern Oklahoma State University
G
Academic Sessions (G1 – G6)
Session G1
3:40 PM – 5:00 PM
Locations
Teaching Tips
Copley
Teaching Tips Discussion
Carol Miller, Missouri State University (Chair)
Thomas Wesner, Boston College
41
Day-by-Day Schedule
Session G2
Thurs, 8/8
Distinguished Proceedings
State Suite A
Moderator: Susan Marsnik, University of St. Thomas
1.
Transitioning a River Outfitter to the Next Generation by Debra Burke and Carroll Brown, Western Carolina
University
2.
Protecting Employee Rights and Prosecuting Corporate Crimes: A Proposal for Criminal Cumis Counsel by
Josephine Nelson, University of California, Berkeley and Richard Parry, California State University, Fullerton
3.
Conflict Minerals and Polycentric Governance of Business and Human Rights by Jamie Darin Prenkert, Indiana
University
4.
Governing the Final Frontier: A polycentric Approach to Managing space Weaponization and Debris by Scott
Shackelford, Indiana University
Session G3
Back Bay
Moderator: David Baumer, North Carolina State University
1.
Social Media Privacy: What’s in a Password? Rights and Protection by Elizabeth Cameron, Kelsey Blades and
Mason Molesky, Alma College and Dawn Swink, University of St. Thomas
2.
The Discoverability of Social Media by Bonnie Roach, Ohio University
3.
The Top Ten NLRB Cases on Facebook Firings and Employer Social Media Policies by Christine O’Brien, Boston
College
4.
Discovery in the Internet Age: How the Courts are Dealing with Requests for Social Media Evidence by Daniel Rice,
Syracuse University
Session G4
Ethics & CSR
Commonwealth
Moderator: Bonnie Persons, California State University, Chico
1.
ESOPs and the Fiduciary Standard Recently Adopted by the Seventh Circuit by Jack Karns, East Carolina University
and Bruce McNeil
2.
Apple, Inc.: Labor and Social Responsibility Issues in China by Don Mayer and Andy Reger, University of Denver
3.
Be Still My Fear for Loss: Perfectionism as Moral Strategy in Business contracting by Gaston de los Reyes,
4.
Combating Corruption to Respect Human Rights: Understanding the Ethical Responsibilities of Corporations by
Norm Bishara and David Hess, University of Michigan
Session G5
Healthcare
State Suite B
Moderator: Tonia Murphy, University of Notre Dame
1.
Balancing the Rights of Children, Parents and the State: The Legal, Ethical and Psychological Implications of Genetic
Testing in Children by Susan Denbo, Rider University
2.
Pharmaceutical Efficacy: The Illusory Legal Standard by Jonathan Darrow, Bentley University
3.
The Court Strikes a Balancing Pose as Companies Race to Patent Gene Sequences for Breast Cancer by Penny
Herickhoff, Minnesota State University
Session G6
Forum
Moderator: Franklyn Salimbene, Bentley University
1.
The Empirical Impact of Covenants Not to Compete on Entrepreneurial Activity by Robert Bird and John Knopf,
2.
The Changing Landscape of Disparate Impact Discrimination: Criminal Conviction Policies, EEOC, Enforcement, and
the Courts by Lucas Loafman, Texas A&M University and Andrew Little, Abilene Christian University
3.
Two Hats, One Head, No Heart: The Anatomy of the ERISA Settlor/Fiduciary Distinction by Dana Muir, University of
Michigan and Norman Stein, Drexel University
4.
You Ain’t No Friend of Mine: A Review and Analysis of Legislation Prohibiting Employers From Demanding Access to
Employees’ and Job Applicants’ Social Media Accounts by Robert Sprague, University of Wyoming
42
Day-by-Day Schedule
Fri, 8/9
Friday, August 9
ADR Section Breakfast
7:30 AM – 9:00 AM
Singleton
African-American Faculty Breakfast
7:30 AM – 9:00 AM
St. James
JLSE Staff Breakfast
8:00 AM – 9:00 AM
Venetian
8:00 AM – 9:00 AM
Ballroom Foyer
Registration
8:00 AM – 5:00 PM
Ballroom Foyer
8:00 AM – 5:00 PM
Ballroom Foyer
9:00 AM – 10:20 AM
See Sessions H1-H6
Coffee Break
10:20 AM – 10:40 AM
Ballroom Foyer
10:40 AM – 12:00 PM
See Sessions I1-I7
12:00 PM – 1:45 PM
Ballroom
Underwritten through the generosity of
Cengage Learning
2:00 PM – 3:20 PM
See Sessions J1-J7
Coffee Break
3:20 PM – 3:50 PM
Ballroom Foyer
Women’s Tea
3:30 PM – 5:00 PM
St. James
3:30 PM
Instructions in Registration
Packet
6:15 PM – 7:15 PM
Copley-Singleton
Meet in Hotel Lobby at 7:00 PM
Moo Restaurant
9:00 AM – 10:20 AM
Locations
Panel
Copley
Exhibits
Plenary Lunch
Speaker: Lisa Kelly-Croswell
Duck Boat Tour and Freedom Tail Tour
ABLJ Staff Reception
Past President’s Dinner
H
Academic Sessions (H1 – H6)
Session H1
Publishing in Business Ethics Journals
Gerlinde Berger-Walliser, University of Connecticut (Chair)
David Orozco, Florida State University
Norm Bishara, University of Michigan
Wade Chumney, Georgia Institute of Technology
Session H2
Panel
State Suite A
Discipline of Faculty for Classroom Political Activity
David Schein, Virginia State University (Chair)
Richard Davis, Susquehanna University
Session H3
Holmes-Cardozo
Back Bay
Moderator: Robert Bird, University of Connecticut
1.
Whither Zauderer? The Disclosure of Payments to Foreign Governments and the Compelled Speech Doctrine by
2.
The Proper Role of Common Law Doctrine in Multi-Actor Patent Infringement Cases by Lynda Oswald, University of
Michigan
3.
Teaching an Old Dog New Tricks: Adapting Public Utility Commissions to Meet Twenty-First Century Energy
Challenges by Inara Scott, Oregon State University
43
Day-by-Day Schedule
Fri, 8/9
Session H4
Commercial Law and Contracts
Commonwealth
Moderator: Ira Sprotzer, Rider University
1.
Fortune Favors the Franchisor: Survey and Analysis of the Franchisee’s Decision Whether to Hire Counsel by
Robert Emerson, University of Florida
2.
Life Settlements: Legal Gambling, Property Rights, and Freedom to Contract are Insufficient Reasons to Pervert the
Purpose of Life Insurance by Susan Martin, Hofstra University
3.
Principles of Contract Formation in American Law: When the Parties’ Writings Do Not Conform: United States and
International Implications by Richard Hunter and Dennis De Almeida, Seton Hall University
4.
Franchise Savoire-Faire by Robert Emerson, University of Florida
Session H5
Tax Law
State Suite B
Moderator: Vincent Carrafiello, University of Connecticut
1.
States Taxing Our Email Messages? Should They…Could They? An In-Depth Analysis Into the Future of Email
Taxation in the Wake of the Expiration of the Internet Tax Freedom Act by Kathryn Kisska-Schulze, North Carolina
A&T State University
2.
Taxation and Tribes: Federal and States Activities by George Generas, University of Hartford
3.
Taxing Luck by Peter Prescott, Butler University
4.
The Tainted Whistleblower Dilemma by Karie Davis-Nozemack, Georgia Institute of Technology and Sarah Webber,
University of Dayton
Development Track:
Ethics & CSR
Session H6
Forum
Moderator: Rick Kunkel, University of St. Thomas
1.
Is a Bribe Always a Bribe? A Second Look at Facilitation Payments and Pharma by Beverley Earle, Bentley
University and Anita Cava, University of Miami
2.
Thwarting Corruption While Violating Human Rights? The Criminalization of Illicit Enrichment by Jeffrey Boles,
Temple University
3.
Constructing the Ethical Corporation: The Role of Mandatory Disclosure Regulation in CSR by Stephen Park,
4.
What is a “Social” Business and Why Does the Answer Matter? by Justin Blount, Stephen F. Austin State University
and Patricia Nunley, Baylor University
I
Academic Sessions (I1 – I7)
10:40 AM – 12:00 PM
Locations
Panel
Copley
Session I1
Integrating a Business Legal Studies Curriculum: First Year Course, Legal Environment Course, and Capstone Course –
Incorporating Stakeholder Theory into the Law and Business Curriculum and
Paper entitled “Reconciling Democracy and Capitalism” by Daniel Herron
Daniel Haughey, Miami University (Chair)
Daniel Herron, Miami University
Laura Tholke, Miami University
Neal Schuett, Miami University
Session I2
Panel
State Suite A
Publishing in Other Disciplinary and Foreign Law Journals
Larry DiMatteo, University of Florida (Chair)
Connie Bagley, Yale University
John Bagby, Penn State University
44
Day-by-Day Schedule
Session I3
Fri, 8/9
ADR / Bankruptcy
Back Bay
Moderator: Will Mawer, Southeast Oklahoma State University
1.
The Next Chapter: Revisiting the Policy in Favor of Arbitration in the Context of Collective Statutory Claims by
Shelley McGill, Wilfrid Laurier University and Ann Marie Tracey, Xavier University
2.
Bankruptcy Reform and National Consumer Bankruptcy Filing Rates: An Interrupted Time-Series Analysis by Rob
Landry, Ben Boozer, and Keith Lowe, Jacksonville State University
3.
Evaluation of the Proposal to Amend the Bankruptcy Code to Prohibit Private Employers from Refusing to Hire
Applicants on the Basis of Bankruptcy Filing by David Schein, Virginia State University
4.
Religiosity and Consumer Bankruptcy: A State-Level Analysis by David Read, Weber State University and Rob
Landry, Jacksonville State University
Session I4
Pedagogy
Commonwealth
Moderator: Stuart Pardau, California State University, Northridge
1.
Adding Risk analysis to Legal Courses: More than Liability, It’s a Separate Dimension by Susan Willey and Harold
Weston, Georgia State University
2.
Collaborative Critical Thinking Exercises for Business Law Students by Lynn Forsythe, Ida Jones and Deborah
Kemp, California State University, Fresno
3.
Exceptionalism by Kenneth Schneyer, Johnson & Wales University
4.
Instructional Rubrics: A Tool for Improving Student Writing by Susan Willey and Nancy Mansfield, Georgia State
University
Session I5
Constitutional Law
State Suite B
Moderator: Philip Nichols, University of Pennsylvania
1.
When a Public Employer Doesn’t Like What Its Employees ‘Like’: Social Media and the First Amendment by Tanya
Marcum and Sandra Perry, Bradley University
2.
Soft Law as Foreign Relations Law by David Zaring, University of Pennsylvania
3.
You Say ‘Lean Finely Textured Beef’; I Say ‘Pink Slime’ by Rita Cain, University of Missouri, Kansas City
4.
The Digital Millennium Copyright Act, Interoperability, and the Violation of Your Constitutional Rights: How a
Constitutional Challenge to Copyright’s Anti-Circumvention Provisions Could Save the Fifth Amendment by Kenneth
Sanney, Central Michigan University
Session I6
Sports Law
Forum
Moderator: Kevin McGarry, Texas Wesleyan University
1.
A Question of Competitive Balance by Jessie Roberson, Ohio University
2.
Fairness, Due Process and the NCAA: Time to Dismiss the Fiction of the NCAA as a “Private Actor” by Richard
Hunter, John Shannon, and Laurence McCarthy, Seton Hall University
3.
Sports Gambling: New Jersey and Beyond by Ira Sprotzer, Rider University and Joshua Winneker, Misericordia
University
4.
The Big Red Mess: The Cardinals Concessions Contract by Eric Yordy and Taylor Snell, Northern Arizona
University
Session I7
Potpourri Session
Singleton
Moderator: Aaron Pennington, York College of Pennsylvania
1.
The Adolescent-Guardian Entrepreneurial Relationship: A Default Entity Status? by Jason Gordon, Georgia Gwinnett
College
2.
A Comparison of the Handling of the Financial Crisis in Ireland and the United States by Elizabeth Brown, Georgia
State University
3.
Can Incentives to Generic Manufacturers Save Doha’s Paragraph 6? by Stacey Lee, Johns Hopkins University
4.
Management Information Systems, Regulation and Public Policy: Moving State and Local Next Generation (NG) 911
Policy-Making and Management Closer to Business Functions by Elaine Seeman, James Holloway and James
Kleckley, East Carolina University
45
Day-by-Day Schedule
Fri, 8/9
J
Academic Sessions (J1 – J7)
2:00 PM – 3:20 pm
Locations
Panel
Copley
Session J1
Symposia, Colloquia, and Workshops: Models for Increasing Research Fora in the Academy
Lynda Oswald, University of Michigan (Chair)
Session J2
Robert Thomas, University of Florida
Jamie Prenkert, Indiana University
Development Track:
International Law
State Suite A
Moderator: Daniel Isaacs, Temple University
1.
“NML vs. Argentina” and the Future of Sovereign Debt Enforcement by Tim Samples, University of Georgia
2.
Enforcement Actions Under the Foreign Practice Act and the U.K. Bribery Act by Lora Koretz, Arizona State
University
3.
Examining European Banking Supervision with Optimal Freedom by Dale Thompson, University of St. Thomas
4.
If the Door is not “Ajar” Can it Still be Opened: The Key to Claims Against Corporations is Available Although it
Might be Through a Door Other Than the One Locked by SCOTUS in “Kiobel” by Marsha Cooper and Kathleen
Lacey, California State University, Long Beach
Session J3
Pedagogy & Immigration Law
Back Bay
Moderator: Henry Lowenstein, Coastal Carolina University
1.
News to Use: The Best News Stories of the Last Year for Teaching Business Law by Karen Morris, Monroe
Community College and Marianne Jennings, Arizona State University
2.
The Uncheatable Class by Corey Ciocchetti, University of Denver
3.
You Be The Judge: Using Classroom Academic Integrity Violations to Teach Business Ethics and Legal Sanctions by
Hilary Buttrick, Peter Prescott, and Deborah Skinner, Butler University
4.
Catholic Social Teaching, the Right to Immigrate, and the Right to Regulate Borders: A Proposed Solution for
Immigration Reform by Chad Marzen and William Woodyard, Florida State University
Session J4
Development Track:
Consumer Protection and Environment,
Energy, & Sustainability Law
Commonwealth
Moderator: Janet Hale, Texas State University
1.
Fairness for Farmers by Peters Shears, Plymouth University
2.
From Food Desert to Cornucopia: A Lawyer’s Primer for Growing a Local Food Scene by Amber Kingery
3.
Beyond Compliance: Ecological Crises, Sustainable Management and Proactive Law by Gerlinde Berger-Walliser,
4.
Health Care Reform and the Limits of Federal Authority by Ilene Goldberg, Rider University
Session J5
Development Track:
State Suite B
Moderator: Laura Ginger, Indiana University
1.
How Patterns of Dissent are Shackled in Public Sector Organizations in Canada by Alan Levy, Brandon University
2.
The Overtime Issue for Accountants by Randall Hanson, University of North Carolina
3.
Vance vs. Ball State University: New Rules for Applying the “Supervisor Liability Rule” in Hostile Environment Cases
by J.L. Yranski Nasuti, Iona College
4.
Are Nation of Origin Based Wage Differentials a Violation of Acceptable International Labor Standards? A Review of
Labor Practices in the Arabian Gulf Arab States by Gary Gold, American University of Sharjah
46
Fri , 8/9 – Sat, 8/10
Day-by-Day Schedule
Development Track:
Business Organizations & Combinations
Session J6
Forum
Moderator: Kenneth Ginsberg, Hodges University
1.
Corporate Formation Before the Birth of Septuplets: When New Jersey was the State of Choice for Incorporators Prior
to the Seven Sisters Act by John McArdle, Centenary College and County College of Morris
2.
The Road Less Traveled: Lawyers as CEO by Dex Gruber and Jonathon Mote, Southern Illinois University and
Kevin Sullivan, Virginia Tech University and Virginia Tech Foundation, Inc.
3.
Using Film to Enhance International Business Law Education: The Social Network Film and the Law Student by
Janice Denoncourt, Nottingham Trent University
4.
The Best of Both Worlds: Default Fiduciary Duties and Contractual Freedom in Alternative Business Entities by
Sandra Miller, Widener University
Session J7
Potpourri Session
Singleton
Moderator: Jane Mallor, Indiana University
1.
Migrating Digital Forensics and Electronic Discovery into the Cloud: An Injustice Risk Analysis by John Bagby, Penn
State University and Joseph Schwerha, California University of Pennsylvania
2.
Will Smart Meters Outsmart Us From a Privacy Perspective? Articulating the Privacy Concerns by Nancy King,
Oregon State University
3.
Comparative Risks in Mortgage Foreclosures by Patricia Pattison, William Chittenden, and Kirsten Jacobvitz,
Texas State University
4.
Postmodernists and Remembering Bonsignore by Bill Shaw, University of Texas
Saturday, August 10
7:30 AM – 9:00 AM
Singleton
8:00 AM – 9:00 AM
Ballroom Foyer
Registration
8:00 AM – 12:00 PM
Ballroom Foyer
Exhibits
8:00 AM – 12:00 PM
Ballroom Foyer
Annual Business Meeting
9:00 AM – 10:20 AM
Oval
ABLJ Board Meeting
10:00 AM – 3:00 PM
Commonwealth
Marketing and Sports Law Section
Breakfast
Speaker: Lisa P. Masteralexis, J.D.
Coffee Break
10:20 AM – 10:40 AM
Ballroom Foyer
10:40 AM – 12:00 PM
See Sessions K1-K7
12:00 PM – 2:50 PM
St. James
1:30 PM – 2:50 PM
See Sessions L1-L7
Coffee Break
2:40 PM – 3:10 PM
Ballroom Foyer
3:10 PM – 4:30 PM
See Sessions M1-M7
Pre-Banquet Reception
6:30 PM
Grand Ballroom Foyer
Annual Banquet
7:30 PM
Grand Ballroom
Ethics Section Lunch
Speaker: Dr. Beverly Kracher, Creighton
University: “Stepping Out of the Ivory
Tower: Ethics in the City.”
47
Day-by-Day Schedule
Sat, 8/10
K
Academic Sessions (K1 – K7)
10:40 AM – 12:00 PM
Locations
Panel
Copley
Session K1
Navigating the Appointment, Reappointment, Promotion and Tenure Process
Elliot Axelrod, Baruch College/City University of New York (Chair)
Carol Bast, University of Central Florida
Kathleen Lacey, California State University, Long Beach
Patricia Pattison, Texas State University, San Marcos
Daniel Ostas, University of Oklahoma
Nim Razook, University of Oklahoma
Lee Reed, University of Georgia
Session K2
State Suite A
Moderator: Carolyn Hotchkiss, Babson College
1.
The Paula Deen Enterprise Case and the Use of the N-Word in the Workplace: Anathema: Blind Love for the
Antebellum? by Darryll Lewis, University of Nebraska
2.
Abandoning ENDA by Alex Reed, University of Georgia
3.
Cloaking: Public Policy and Pregnancy by Julie Manning Magid, Indiana University
4.
Domestic Violence Workplace Legislation: Minimizing Costs and Maximizing Benefits by Marianne Kulow, Bentley
University
Session K3
Pedagogy
Back Bay
Moderator: Kenneth Goldsmith, Chattanooga State Community College
1.
A Narrative (Novel) Approach to Teaching Business Law by Joe Labatt, University of the Incarnate Word
2.
A Stealth Drug Recall: Who Protects Consumers and Shareholders? by Susanna Monseau, Nancy Lasher, and
Timothy Pfenninger, The College of New Jersey
3.
Occupational Fraud: A Justification for Inclusion in the Undergraduate Business Curriculum by Aaron Pennington,
York College of Pennsylvania
4.
Tricky Business: A Decision-Making Framework for Ethically Suspect, Legally Sound Business Tactics by Corey
Ciocchetti, University of Denver
Session K4
Consumer Protection & Privacy
Venetian
Moderator: Richard Davis, Susquehanna University
1.
The Application of the Fair Debt Collection Practices Act to Condominium Assessments: A Review of the Current State
of the Law in the United States by Jennifer Cordon Thor, Oakland University
2.
Can Financial Statement Fair presentation and Federal Securities Disclosure Law be Reconciled Through a Bayesian
Regulatory Rubric? by Kurt Schulzke, Kennesaw State University and Lydie Pierre-Louis, University of San
Francisco
3.
From Conjecture to Hypothesis: Undertaking an Empirical Study of Disputes and Disputants in the People’s Court by
Shelley McGill, Wilfrid Laurier University
4.
Civil Liability for Securitized Mortgage Obligations: The Case of Standard and Poor’s by Don Mayer and Kevin
O’Brien, University of Denver
48
Day-by-Day Schedule
Sat, 8/10
Development Track:
Commercial Law and Contracts
Session K5
State Suite B
Moderator: Christina Benson, Elon University
1.
Legal Globalism: Use of Soft Law in International commercial Contract Arbitration by Larry DiMatteo, University of
Florida
2.
Promoting Investment in Agricultural Production: Increasing Legal Tools for Small to Medium Farmers by Abbey
Stemler and Anjanette Raymond, Indiana University
3.
The Doctrine of Unconscionable Contracts: At the Intersection of Ethics and Law by Keith Diener, George
Washington University
Session K6
International Law
Forum
Moderator: Kevin Farmer, California Polytechnic, Pomona
1.
Show Me the Way: South Africa’s “New Governance” Approach Charts the Path to Integrated Corporate Reporting by
Ruth Jebe, University of Denver
2.
Public Policy and the Recognition of Foreign Judgments in Canada by Lucien Dhooge, Georgia Institute of
Technology
3.
Some Current Issues in the U.S.-China Trade and Investment Relationship by Clyde Stoltenberg, Wichita State
University
4.
Sovereign Wealth Funds and International Financial Regulation by Salar Ghahramani, Penn State University
Session K7
Potpourri Session
Singleton
Moderator: Mary Ellen Wells, Alvernia University
1.
Manuscript in Progress, Perverse Incentives and Corporate Conspiracy: Why We Are Asking the Wrong Basic
Question in Assessing Personal Liability for Corporate Officers by Josephine Nelson, University of California,
Berkeley
2.
Information Asymmetry and Indigenous Knowledge: Moving Towards a Model of Fairness for the Development of
Genetic and Traditional Knowledge by Gavin Clarkson, New Mexico State University, Marshall Van Alstyne,
Boston University and Anjali Patel, Spiegel & McDiarmid
3.
Joint Patent Infringement Following “Akamai” by Nathaniel Grow, University of Georgia
4.
The Knowledge Police by David Orozco, Florida State University
L
Academic Sessions (L1 – L7)
1:30 PM – 2:50 PM
Locations
Panel
Copley
Session L1
Innovative Assignments: Beyond Homework, Toward Engaged Learning
Mark DeAngelis, University of Connecticut (Chair)
Eric Yordy, Northern Arizona University
Valeriya Avdeev, William Paterson University
Mitchell Sargen, Penn State University
Mark Spurling, University of Connecticut
Session L2
Ethics Session
State Suite A
Ethics Scholar in Residence: Dr. Beverly Kracher
The Robert B. Daugherty Endowed Chair in Business Ethics & Society, Creighton University; Executive Director and President,
Business Ethics Alliance; Professor of Business Ethics and Society, Marketing and Management.
Dr. Beverly Kracher, the ALSB Ethics Scholar in Residence, will facilitate a conversation about how the academic community
can work effectively with local business and chambers of commerce to develop a strong ethical culture. Dr. Kracher will share
how the students of Creighton have been involved with initiatives such as the Ethics Super Hero's. She will also lead an
interactive exercise to show how the model developed in Omaha can work in our local communities.
49
Day-by-Day Schedule
Session L3
Sat, 8/10
Development Track: International Law
Back Bay
Moderator: Winston Waters, Adelphi University
1.
Legal Institution Determinants of International Trade Structure: An Economic Analysis of Property Rights, Industry
Complexity and Comparative Advantage by Gregory Bonadies, University of Southern Mississippi
2.
Sovereign Anti-Corruption Law and a Globalized Business Environment by Philip Nichols, University of
Pennsylvania
3.
The CISG at 25: Is Use by United States Firms on the Wane? by Marcia Staff, University of North Texas
4.
Trans Pacific Partnership: A Model for Future FTAs, or a Threat to the Multilateral Trading System? by Christina
Benson, Elon University
Session L4
Development Track: Pedagogy
Venetian
Moderator: Joel Tuoriniemi, Michigan Tech University
1.
Best Uses of Business Cases in Online and Traditional Business Law Classes by Cheryl Kirschner, Babson College
2.
Brinkman vs. Summit Pharmaceuticals: A Sexual Harassment Jury Simulation by Susan Marsnik, University of St.
Thomas
3.
Integrating Service Learning into the Business Curriculum in Federal Taxation and Marketing by Mary Ellen Wells
and Samuel Bradley, Alvernia University
4.
Advising Students or Practicing Law: The Formation of Implied Attorney-Client Relationships with Students by
Patricia Sheridan, Manhattan College
Session L5
Development Track: Constitutional Law
State Suite B
Moderator: Mark Usry, Bloomsburg University of Pennsylvania
1.
Are There Limits to the Right to Political Advocacy Speech Possessed by Corporations: The Post-Citizen’s United
Environment by Thomas Cavenagh, North Central College
2.
Game of Phones: Expectations of Privacy in Cell Phone GPS Data by Tucker Greene, Cape & Island District
Attorney’s Office
3.
Teaching the U.S. vs. Windsor Same Sex Marriage Case by Corey Ciocchetti, University of Denver
4.
The Takings Trilogy: The Roberts Court and Takings Jurisprudence by James Holloway and Donald Guy, East
Carolina University
Session L6
Forum
Moderator: Kenneth Schneyer, Johnson & Wales University
1.
Do Unions Have a Right to Private Sector, Nonmember Home Contact Information for Individuals Who Are Protected
by a Clear Right to Privacy? by Kevin Farmer, California Polytechnic, Pomona
2.
Licensed Practical Nurses: Protected “Employees” or Statutory “Supervisors” Under the NLRA? The Impact of the
Eleventh Circuit’s Lakeland Health Care Decision by David Twomey, Boston College
3.
Reforming Public Pensions by Leigh Anenson, University of Maryland and Monash University and Alex Slabaugh
and Karen Eilers-Lahey, University of Akron
4.
The Legislative Response to Employers’ Requests for Password Disclosure by Jody Blanke, Mercer University
Session L7
Development Track:
Property Law / Real Estate
Singleton
Moderator: Abbey Stemler, Indiana University
1.
International Island Disputes by Will Mawer, Southeastern Oklahoma State University and Paul Becker, Miami
University
2.
Abandoned in Arkansas; Mislaid in Michigan by John Norwood, University of Arkansas and Lara Kessler , Grand
Valley State University
3.
An Analysis of the Structure and Use of Real Estate Foundations and Their Future Impact Upon Their Institutions and
Charitable Organizations by Jason Malone and Kevin Sullivan, Virginia Tech
4.
An Empirical Look at Residential Leases: An Outline and Proposal by Robert Bennett, Butler University
50
Day-by-Day Schedule
Sat, 8/10
M
Academic Sessions (M1 – M7)
3:10 PM – 4:30 PM
Locations
Panel
Copley
Session M1
Perspectives on Measuring the Value and Impact of Legal Research
Lucien Dhooge, Georgia Institute of Technology (Chair)
Robert Prentice, University of Texas
Session M2
Student Session
State Suite A
Moderator: Michael A. Katz, Delaware State University
1.
The Effects of the PPAC on Small and Medium-Sized American Businesses by Vivian Lacayo, Georgia Institute of
Technology (Sponsor: Karie Davis-Nozemack)
2.
Machine Based Gambling: Do I Win the Lottery or Spin the Wheels Each Time I Play by Carlin McCrory, Florida
State University (Sponsor: Darren Prum)
3.
Current and Future Development on Trademark Law in China by AnZhi Zhang, University of St. Thomas (Sponsor:
Susan Marsnik)
Session M3
Development Track:
Regulatory and Consumer Law
Back Bay
Moderator: Melanie Williams, California State University, Northridge
1.
The Ties That Bind: Historical Market Crashes as Legal History and Regulatory Policy by Lydie Cabrera PierreLouis, University of San Francisco
2.
Assisted Living or Unassisted Existence: The Lack of Consistent Regulation Across the United States by Linda
Christiansen, Indiana University Southeast and Joanie Sompayrac, University of Tennessee Chattanooga
3.
What the FICO? The Leveraging of American Consumers by Laurie Lucas, Oklahoma State University
4.
The IRS Whistleblowing Act: Room for Improvement by Denise Farag, Linfield College
Session M4
Corporate Governance and Antitrust
Venetian
Moderator: Eric Yordy, Northern Arizona University
1.
Corporate Governance as Stakeholder Coordination by Schan Duff, University of Pennsylvania
2.
The Ex-Officio Conundrum in Corporate Governance by Salar Ghahramani, Penn State University
3.
Inequitable Conduct and Walker Process Claims After Therasense and the American Invents Act by Gideon Mark and
Leigh Anenson, University of Maryland
4.
Antitrust and Product Strategy: A Conceptualization for Managers by Ross Petty, Babson College
Session M5
Development Track:
Pedagogy
State Suite B
Moderator: David Zaring, University of Pennsylvania
1.
Teaching Use of ADR by William Greenhaw, University of Arkansas
2.
23 Chromosomes in Class by Pam Gershuny, Southeast Missouri State University
3.
Universal Design for Learning: More than Making Reasonable Accommodations by Ida Jones, California State
University, Fresno
4.
Extended Warranties, the Ultimate Protection or the Ultimate Money Maker: A Proposed Statute by David Missirian,
Bentley University
51
Day-by-Day Schedule
Session M6
Sat, 8/10
Development Track:
Ethics & CSR
Forum
Moderator: James Highsmith, California State University, Fresno
1.
From Social License to Operate to Legal License to Operate: A Survey of Corporate Non-Financial Reporting as a
Condition of Stock Exchange Listing by Ruth Jebe, University of Denver
2.
Institutional Review Boards in Business Schools: A Role for LEB and Business Law Faculty by Williams Wiggins,
Bentley University
3.
Teaching Ethics: Imbedded, Stand Alone and What Help from GenEd? by Mark Usry and Monica Favia, Bloomsburg
4.
What Can “The Parable of the Sadhu” Teach Us 30 Years Later by Josh Perry, Indiana University
Session M7
Development Track:
Singleton
Moderator: Vincent Carrafiello, University of Connecticut
1.
Are Nation of Origin Based Wage Differentials a Violation of Acceptable International Labor Standards? A Review of
Labor Practices in the Arabian Gulf Arab States by John Matejkovic and Margaret Matejkovic, University of Akron
2.
Evolution in Jurisprudence: UK Unfair Dismissal Law Challenges Outdated Precedents by Tor Brodtkorb, American
University of Sharjah
3.
Genetic Testing and Legal Consequences by Megan Mowrey, Clemson University
4.
How Do We Define Implicit Bias? by Natalie Pedersen, Drexel University
52
Abstracts of Paper Presentations
A
Avery, Sherry: See Tammy Cowart
Aalberts, Robert, Chad Marzen, and Darren Prum:
Studying is Dangerous? The Call for a National
Uniform Standard for Study Abroad Liability.
Each academic year, thousands of U.S. students
study abroad for academic credit. Despite the many
benefits of study abroad programs, risks are incurred
overseas and a number of incidents have resulted in which
students have been harmed. This paper will not only
discuss the various types of study abroad programs and
current court cases which have addressed the murky
standards of study abroad liability, but also will discuss the
policy implications of national, uniform standard for study
abroad liability. This paper proposes a federal cause of
action for wrongful death in cases where a student is
enrolled in a study abroad program.
Axelrod, Elliot, Carol Bast, Sally Gunz, Kathleen Lacey,
Patricia Pattison, Daniel Ostas, Nim Razook, and Lee
Reed: Navigating the Appointment, Reappointment,
Promotion and Tenure Processes.
This session will provide guidance and advice for
junior faculty for achieving appointment, reappointment,
promotion and tenure. Specific attention will be given to
avoiding the pitfalls, hindrances and politics commonly
experienced by junior faculty. The relative significance of
teaching, scholarship and service will be discussed.
Questions are encouraged and will be specifically
addressed. The panel is made up of experienced and wellpublished senior faculty who collectively has vast
experience in personnel matters, including as department
chairs, deans, grievance officers, appeals committee
members and more.
Abril, Patricia: The Right to Be Forgotten.
The EU is seeking to create a "right to be
forgotten" or a "right to delete" ("RTD") on the Internet.
This unprecedented right grants individuals the right to
compel websites to remove their personal information
(including photos) from the internet. The objectives of this
project include: (1) describing the versions of the RTD for
international audiences; (2) comparative analysis of
proposed RTD with American privacy doctrine; (3)
discussing the repercussions of the RTD from consumer
and international business perspectives; and (4) forecasting
the future of international privacy law.
B
Bagby, John: Intellectual Property Strategic Behavior Have Patent Trolls Finally Met their Waterloo?
Rising patent troll litigation arguably reduces
innovation and startups while damaging downstream users.
Trolls manage IP assert portfolios but are engaged in
neither R&D nor goods or services production. This panel
leverages ALSB's interdisciplinary in patent law,
technology management, standardization, property rights,
technology markets, antitrust, and litigation reform by
exploring how proposed federal and recently enacted state
laws might effectively target trolls. The panel will explore
public policies to balance deeply rooted values of market
liquidity and property alienability derived from patent
reform targeting the allegedly dysfunctional patent system,
which arguably imposes social cost without providing more
corresponding social benefit.
Alexander, Mystica: Retroactive Revenue Grabs:
Coming Soon to a State Near You?
Retroactive tax changes are those changes
which apply new consequences to past actions. Despite the
inherent unfairness of allowing the government to "change
the rules" midstream, historically, retroactive tax actions
have been upheld by the courts as long as such actions are
modest in scope. In recent years, however, there has been a
growing trend of increasingly aggressive retroactive tax
reaches as states seek to find creative ways to maintain
balanced budgets. This paper considers whether states are
taking such actions at the expense of the due process rights
of taxpayers.
Bagby, John: Illuminating the Elusive CyberInfrastructure Policy Resolution: The Industrial
Organization Lens.
Infrastructure challenges continue to drive
considerable public policy debate - so far with limited
success. The nation's economy relies on interconnected
infrastructures - critical services the loss of which would
debilitate national economic security, public health and
safety. Increasing vulnerability to cyber-attacks and cyberwarfare now clearly presents a "cyber-infrastructure
security conundrum." This conundrum continues to defy
simple, straightforward resolution due to strong and
persistently opposing factions. However, the antitrust
systems analysis approach discussed here provides insight
into
better
aligning
cyber-security
investment
(dis)incentives with national security and economic
interests. This industrial organization lens guides resolution
to these contradictory influences.
Anenson, Leigh: See Gideon Mark
Anenson, Leigh, Alex Slabaugh, and Karen EilersLahey: Reforming Public Pensions.
Pension reform has taken center stage as states
struggle to deal with the Great Recession. Retirement
benefits are not only a critical component of incomemaintenance for retirees, but also a source of economic
stimulus to every state economy. We integrate and extend
the pension reform movements in law, education and
economics by studying teacher pensions across the United
States. Our interdisciplinary approach concentrates on
defined benefit plans in states that do not fund Social
Security. Focusing on this vulnerable and important group
of workers, we improve theory and practice by providing a
valuable perspective as states reconsider their pension
obligations.
Bagby, John and Joseph Schwerha: Migrating Digital
Forensics and Electronic Discovery into the Cloud: An
Injustice Risk Analysis.
Digital forensic standards have consistently
evolved with changes in technology. The cloud's efficiency
promises translate well into digital forensics: crowd
sourcing of investigations could profoundly change dispute
resolution. However, it also imposes burdens on privacy,
Avdeev, Valeriya: See Mark DeAngelis
53
security and provokes injustice. Cloud data is generally
opaque, undermining the forensic quality of evidence from
the off-shoring of data, persistent file rotation and frequent
metadata modification. This paper recommends
deployment of existing standards and re-interpretations of
procedural and evidence law to reduce injustice risk as
cloud architectures evolve. Traditional expectations for
evidence transparency are needed as data continues to
migrate into the cloud.
likely would have a significant impact on the multilateral
system. This paper addresses: (1) lack of transparency in
TPP negotiations; (2) analysis of which industries/sectors
would be most impacted; (3) the interplay between TPP
and other FTAs; and (4) whether TPP is compatible with
RTA requirements under GATT Art. XXIV.
Benson, Sandra: The Legal Beagle News Show: An
Extreme Makeover for Socrates to Engage Students in
Any Business Law Course.
I will present an activity that requires students to
pose as attorneys in recent U.S. Supreme Court cases. The
student-attorneys act is if they have just argued their cases
and are now appearing on "The Legal Beagle News
Show." The students in the audience act as reporters trying
to get their stories. The twist to the long-standing Socratic
Method is that the instructor acts as the moderator while the
student-reporters ask the probing questions. The austerity
of the Socratic Method typically used in law schools gives
way to a fun and updated learning pedagogy that appeal to
today's business students.
Barber, Afton: See Tammy Cowart
Bast, Carol: See Elliot Axelrod
Bast, Carol: Tipping the Scales in Favor of Civilian
Taping of Encounters with Police Officers.
The original purposes of eavesdropping statutes
were to protect the citizen against government intrusion
into the citizen's privacy and to authorize law enforcement
interception to fight organized crime. Yet, in certain
instances, the statutes have been used offensively by the
government to avoid citizen oversight of policing and have
even been used to intimidate citizens. The prohibition
against taping police activity ultimately hurts society more
that it benefits society, given over-enforcement of
eavesdropping statutes and under-enforcement of discipline
or penalties for officers lying or falsifying evidence.
Berger-Walliser, Gerlinde, Sally Gunz, David Orozco,
Norm Bishara, Don Mayer, and Wade Chumney:
Publishing in Business Ethics Journals.
Many ALSB members include ethics in their
teaching and research, or even make it a focus of their legal
scholarship. This panel will debate the value for legal
studies scholars of publishing their research in business
ethics journals. (Past) editorial board members and authors
who have previously published in one of the leading
business law journals, will share their experience, and will
discuss how to prepare for a successful submission.
Baumer, David, Wade Chumney, and Roby Sawyers:
Insider Trading, One-Percenters and IRC Section
6103(e).
Although tax returns are generally confidential
and not disclosed to the public, in certain circumstances,
corporate shareholders can request from the IRS a copy of
the corporate tax return. The information in the return
cannot be disclosed to another person. The question is
whether or not a shareholder’s request and receipt of the
corporate tax return and subsequent purchases and sales of
corporate stock are or should constitute illegal insider
trading.
Berger-Walliser, Gerlinde: Beyond Compliance:
Ecological Crises, Sustainable Management and
Proactive Law.
This paper defines the concept of sustainable
development, differentiates it from sustainability, and
summarizes its historic development. It gives an overview
of the current state of national and international sustainable
development law and how corporations have embraced the
principle of sustainability. It addresses the weaknesses of
the legal system to effectively regulate sustainable
development and points to possible future solutions and
developments. The paper analyzes and identifies some of
the shortcomings of the corporate sustainability concept,
and shows ways how a proactive approach to law could
address them, and ultimately help organizations to become
more sustainable.
Becker, Paul: See Will Mawer
Bennett, Robert: An Empirical Look at Residential
Leases: An Outline and Proposal.
The Landlord/Tenant relationship is one of the
oldest relationships in the law which carries historic
baggage associated with both property law and contract
law. It is also a relationship which frequently involves
contracts of adhesion and asymmetries between the parties
in sophistication, bargaining power, bargaining experience,
and access to legal advice, particularly in the context of
residential leases. The paper proposes to discuss these
asymmetries in light of examples from the case law and to
develop a proposed empirical examination of a random
sample of residential leases looking for evidence of these
asymmetries including violations of controlling law.
Bird, Robert: See Lucien Dhooge
Bird, Robert: See Marisa Pagnattaro
Bird, Robert: See Lynda Oswald
Bird, Robert and John Knopf: The Empirical Impact of
Covenants Not to Compete on Entrepreneurial Activity.
Do covenants not to compete impact the growth
of new firms? We explore this question by examining the
impact of such covenants on the creation and expansion of
commercial banks. Using a twenty-year dataset that ranks
the strength covenant not to compete laws, we show that
state laws allowing for stronger restrictive covenants
impact the growth of new business in that particular state.
Benson, Christina: Trans Pacific Partnership: A Model
for Future FTAs, or a Threat to the Multilateral
Trading System?
The Trans-Pacific Partnership (TPP) is a
proposed regional free trade agreement (FTA) currently
under negotiation between 13 countries. China has not
been invited to join the negotiations, thus TPP may serve as
a counterweight to Chinese trade dominance. As the
largest regional FTA since the WTO was formed, TPP
54
prohibitions and the constitutional validity and human
rights concerns raised by this criminal legislation.
Bishara, Norm and David Hess: Combating Corruption
to Respect Human Rights: Understanding the Ethical
Responsibilities of Corporations.
The issue of corruption is a well-recognized legal
and business challenge for multinationals. However, the
connection between corruption and human rights abuses is
not well understood. Although there is awareness that
these topics are intimately connected, the reform proposals
on improving social performance are treated separately. We
argue that companies must see combating corruption and
promoting human rights as complementary moral duties.
We also explore corporation social responsibility efforts
that address human rights, including the UN’s Guiding
Principles on Business and Human Rights, and advocate a
new mindset toward promoting human rights and fighting
corruption in a single effort.
Bonadies, Gregory: Legal Institution Determinants of
International Trade Structure: An Economic Analysis
of Property Rights, Industry Complexity and
Comparative Advantage.
Differences in legal systems as a source of
comparative advantage between countries and as a
determinant of intra-region trade patterns in Africa,
Eastern/South Asia, Western Europe, and South America
are explored in a Ricardian trade model. Types of
manufacturing industries vary in their dependence on legal
systems. Production of more complex goods in more
complex industries requires more effective property rights
and contract enforceability laws to reduce transaction costs.
Differences between countries in legal systems, and the
capabilities they enable, determine the proportions of goods
manufactured in more and less complex industries for a
given country and hence trade structure.
Bishara, Norm: See Gerlinde Berger-Walliser
Blades, Kelsey: See Elizabeth Cameron
Blanke, Jody: The Legislative Response to Employers'
Requests for Password Disclosure.
As often happens when a new societal problem
emerges, there has been a quick legislative response.
Several states, including Maryland, Illinois, California, and
Michigan have already passed legislation prohibiting an
employer from requesting or requiring an employee or a
prospective employee from disclosing password
information that would provide access to one’s personal
social media account. This article will explore the
incidents that led to this response and will compare the
various approaches taken by these four states and by bills
proposed in many other states and the federal government.
Boozer, Ben: See Rob Landry
Bradley, Samuel: See Mary Ellen Wells
Brodtkorb, Tor: Evolution in Jurisprudence: UK
Unfair Dismissal Law Challenges Outdated Precedents.
UK unfair dismissal law is unduly favorable to
the interests of the employer. The problem is not the
statutory language, but the precedents surrounding it, which
have turned issues of interpretation to the disadvantage of
dismissed employees. Most significantly, the Range of
Reasonable Responses test, which has no statutory basis,
makes it very difficult for an Employment Tribunal to find
a dismissal unfair. Since 2010, however, a series of judicial
decisions has established a theory of interpretation that
challenges important aspects of the test. This may allow
unfair dismissal law to play a more meaningful role in
protecting UK employees.
Blount, Justin and Patricia Nunley: What is a "Social"
Business and Why Does the Answer Matter?
The concept of "social" business has been widely
embraced in the business and academic worlds. However,
it remains ill-defined. Current definitions of terms in this
area are fractured, often conflicting, and frequently
tautological. This paper will analyze current definitions
and theories of commonly used terms such as "social
entrepreneurship" and "social enterprise" from both the
business and legal literature and argue that the business
literature provides more robust definitions. In light of this,
this paper analyzes the flaws of current "hybrid entities"
created for social businesses and argues how simpler
changes to corporate governance law would actually be
more beneficial.
Brown, Carroll: See Debra Burke
Brown, Elizabeth: A Comparison of the Handling of the
Financial Crisis in Ireland and the United States.
The financial sector plays a substantial role in
both the Irish and U.S. economies, comprising over 9
percent of each nation's GDP. The primary cause of the
recent financial crisis in both nations was the same -- the
bursting of a housing bubble that had been created by easy
mortgage standards and the growth of securitization. In
addition, both nations undertook substantial bailouts. The
similarities, however, end there. This article focuses on (1)
how each nation dealt with the crisis and (2) the post-crisis
actions to reform each nation's financial sector and
economy.
Blount, Justin: See Patricia Nunley
Boedecker, Karl: See Brad Carmean
Boles, Jeffrey: Thwarting Corruption While Violating
Human Rights? The Criminalization of Illicit
Enrichment.
Article 20 of the United Nations Convention
against Corruption criminalizes illicit enrichment, defined
as the “significant increase in the assets of a public official
that he or she cannot reasonably explain in relation to his or
her lawful income.” Many countries have enacted criminal
statutes that prohibit illicit enrichment, but no such laws
exist in the United States, Canada, and much of Western
Europe. This Paper explores the nature of illicit enrichment
Burke, Debra and Carroll Brown: Transitioning a
River Outfitter to the Next Generation.
This case is designed to highlight business and
legal issues that should be considered when operations
expand and ownership changes. Of particular significance
in this case is the focus on modernizing operations without
losing the original organization's commitment to the
environment and its cultural mission. The case examines
the legal, managerial and marketing concerns surrounding a
decision to expand and diversify operations with the change
in ownership.
55
cut hundreds of jobs and filed for bankruptcy. BPI sued
ABC and others for product disparagement, defamation,
tortious interference. This research analyzes those claims
and discusses the future of such cases.
Butler, Seletha, Willie Lovett, and Valerie Njiiri: New
Model for an Age Old Problem of Child Protection in
Higher Education.
Chaos exists around child maltreatment reporting
laws in part due to the lack of uniformity and clarity. Many
such laws and policies are too vague, broad, or narrow to
provide a clear and consistent platform for the mandated
reporter to comfortably execute and implement a more
secure child protection centric environment for the higher
education system. To better insulate the higher education
system and its stakeholders, the article contains a model
framework, focused on child and institutional and other
stakeholder protection. Given governance challenges
of higher education organizations, this Article contribution
to the field of organizational governance.
Callahan, Elet: Linking Business and Sustainability
Concepts Using WRI's Sustainability SWOT.
The World Resource Institute (WRI) engages
governments, society, and business to address
sustainability-related challenges. WRI developed the
Sustainability SWOT (sSWOT), which was launched in
December 2012. Based on the strategy framework familiar
to company executives and business school students and
faculty, the sSWOT is designed to promote long-term
consideration of environmental and social challenges and
their relevance to business opportunities and risks (see
http://www.wri.org/publication/sswot-sustainability-swotuser-guide). A team final project based on the sSWOT was
piloted in a graduate sustainable enterprise course in spring
2013. Assignment details, objectives, and outcomes are
presented and discussed.
Buttrick, Hilary, Peter Prescott, and Deborah Skinner:
You Be the Judge: Using Classroom Academic Integrity
Violations to Teach Business Ethics and Legal
Sanctions.
Undergraduate business students often have
difficulty internalizing abstract ethical and legal concepts
because they do not connect those concepts to their real-life
experiences. Our paper explores the use of classroom
academic integrity violations to make that connection by
engaging students in a discussion of (1) whether the
behavior in question violated classroom law and/or was
unethical, (2) how to choose an appropriate legal sanction
taking into account the policy objectives supporting each
option, and (3) how students might rationalize their
illegal/unethical behavior. We will use empirical data
harvested from trial classroom use to evaluate effectiveness
and develop possible future variations.
Cameron, Elizabeth, Dawn Swink, Kelsey Blades, and
Mason Molesky: Social Media Privacy: What's in a
Password? Rights and Protection.
The use of social media is the global norm for
most people. We check Facebook messages at work and
tweet what happens at lunch. Approximately 901 million
users are on Facebook, Twitter, Pinterest, LinkedIn, and
Google+. Employers now screen potential employees by
requesting social media passwords in order to evaluate
candidates. This article addresses the right to privacy and
protection of passwords by employees. It also considers
the role of public information versus private, protected
information. Recent case law and legislation is discussed
along with international perspectives. Social media privacy
is a contemporary issue that will continue in its complexity.
C
Cahoy, Daniel: See Lucien Dhooge
Carmean, Brad, John Miller, Kendi Pate, Fred Morgan,
Karl Boedecker, Jeffrey Stoltman, and William Jones:
Extending the Learned Intermediary Doctrine.
Consumers harmed by the used of prescription
drugs do not have access to legal redress in the same
fashion as those injured by, say, defective automobiles. The
learned intermediary doctrine prevents consumers suing
pharmaceutical manufacturers. Under learned intermediary
reasoning, the drug manufacturer satisfies it legal
obligations by providing adequate warnings to prescribing
physicians. These manufacturers have no duty to try to
warn consumers directly. In this paper we review the
learned intermediary doctrine and discuss related regulatory
and legal issues.
Cahoy, Daniel: See Marisa Pagnattaro
Cahoy, Daniel: See Lynda Oswald
Cahoy, Daniel: Eating Beyond 2050: A Coordinated
Approach to Preserving Food Innovation and Access.
The shift to high technology solutions in
agriculture is necessary to address issues of climate change
and population growth. But these technological advances
are not cheap and they require legal protection -- patents,
trade secrets, plant variety protection, etc. -- to ensure an
adequate return on investment. Unfortunately, the legal
protections may limit access, creating a potential conflict
between the human rights to adequate food and health and
business interests. This paper will explore mechanisms for
creating an equitable balance that will preserve innovation
and sustainability.
Carr, Nancy: Food Safety in China: Chinese and World
Legal Reactions.
During two Study Tours, Centers for
International Business and Educational Research (CIBER)
"China and the Global Economy" (2011) and Title VI
"China: An Emerged Economic Powerhouse" (2012), I
became aware of the food safety issues abounding in
China. Newspapers reported serious food safety issues
with food in China and food exported by China to other
countries. I then checked the legal responses and issues in
how these serious, often deadly, food safety situations were
handled in China and in other countries affected by the
tainted food. Reactions to these ideas are presented in this
paper.
Cain, Rita: You Say 'Lean Finely Textured Beef;' I say
'Pink Slime'.
In 2012, ABC News broadcast a segment
regarding the manufacture of “lean finely textured beef” by
Beef Products, Inc. The broadcast, as well as follow up
reports and social media communications, repeatedly
referred to the product as “pink slime,” a term originally
articulated by a USDA employee for the processed meat.
The market backlash against the product was immediate
and intense. Ultimately, BPI closed three processing plants,
56
organizations and solutions for patent law process failure
are offered.
Cava, Anita: See Beverley Earle
Cavenagh, Thomas: Are There Limits to the Right to
Political Advocacy Speech Possessed by Corporations:
The Post-Citizen's United Environment.
Citizen's United v. FEC is one of the most
controversial decisions rendered by the Roberts Court. The
rancorous 5-4 opinion established an independent right for
business entities, including corporations and unions, to
spend and speak in ways calculated to influence elections.
This paper explores some of the questions not answered by
Citizens: are the speech rights of corporations’ equivalent
to those of individual citizens? If so, should the barriers to
direct corporate contributions to campaigns be lifted? And,
can the speech rights of corporations be measured for
truthfulness? If so, by whom and consistent with what
standard of accuracy?
Ciocchetti, Corey: Tricky Business: A Decision-Making
Framework for Ethically Suspect, Legally Sound
Business Tactics.
Despite possessing philosophically strong codes
of ethics, some businesses are not above employing tricky
tactics. These tricks often involve the legal system and are
crafted in such a way that they survive legal scrutiny. This
article discusses three so-called tricky business cases. The
legal analysis tracks why the courts upheld each practice.
The ethical analysis introduces Utilitarianism, Deontology
and Virtue Ethics. These frameworks are appropriate to
evaluate cases at the intersection of business, law and
ethics. The goal is to compare and contrast the legal verdict
in the courts and the ethical verdict under the frameworks.
Chambers, Valrie and Brian Elzweig: Eminent Domain
of Mortgages: A Federal Income Tax Perspective.
Abstract In order to help borrowers restructure
their mortgages with materially lower monthly payments
municipalities are exploring the taking of mortgages in
order to refinance the underlying properties at lower
principal
amounts,
interest
rates,
or
both.
Municipalities exploring this option feel that refinanced
properties can result in a healthier property
market, increasing both the property tax base and property
tax revenues. Pertinent legal issues are identified and key
cases are applied to the taking and reforming of the
mortgage. The final structure, legality and tax
consequences of the taking of a liability through eminent
domain remain questions of first impression.
Ciocchetti, Corey: Teaching the U.S. v. Windsor Same
Sex Marriage Case.
The U.S. v. Windsor case seems too complex to
teach to undergraduates. This paper discusses the best ways
to simplify the law and teach the case. 90 slides are
included to pick and choose.
Chittenden, William: See Patricia Pattison
Chumney, Wade: See Gerlinde Berger-Walliser
Clarkson, Gavin, Marshall Van Alstyne, and Anjali
Patel: Information Asymmetry and Indigenous
Knowledge: Moving Towards a Model of Fairness for
the Development of Genetic and Traditional
Knowledge.
Information asymmetry exists when one party
possesses private knowledge that is unavailable to other
parties and that creates a potential advantage when the
parties interact. Such asymmetry is clearly evident in the
quest for innovations based on information obtained from
indigenous populations. Although the development of
indigenous knowledge has grown into a multi-billion dollar
industry involving a variety of stakeholders, all of the
participants have not been equal beneficiaries. In this paper
we explore the failings of the current global IP regime's
approach to traditional knowledge and the need to create a
fair system for successful future development.
Chumney, Wade, Gunther Schumaker, and David
Wasieleski: The Conflict between Intellectual Property
Protection and Innovation: Introducing a Duality
Model for Ethical Innovation.
This paper examines the conflict between current
patent laws and the innovation capabilities of
organizations. We propose a solution that enables the
company to assure its long-term survival. This presumes
that the firm will maintain its innovation capacities while
preserving the company’s respect of its own ethical values
and those of its social environment. We offer a theoretical
model that is designed to help managers and policy-makers
reorient their governance strategies for managing the
innovation process. Our Integrated Causal Model of Ethical
Innovation for patents is posited and implications for
Cooper, Marsha and Kathleen Lacey: If the Door Is Not
"Ajar" Can It Still Be Opened: The Key to Claims
Against Corporations Is Available Although it Might Be
Through a Door Other Than the One Locked by
SCOTUS in Kiobel.
The Kiobel decision was supposed to resolve the
issue of whether or not corporations can be held liable
under the Alien Tort Statute (ATS); it did not. It did,
however, add the issue of extraterritoriality into the
analysis. This paper will discuss what liability remains for
corporations and how the Kiobel decision will be applied to
the pending cases under the circuits' varying applications.
Further, plaintiffs' alternatives to the ATS will be explored,
as well as, the ethical implications of multinational
corporations profiting within repressive nations while
Ciocchetti, Corey: The Uncheatable Class.
This paper covers the uncheatable class. It is an
all oral Constitutional Law course offered to undergraduate
business students. 50% of their grade is participation and
50% is an oral final. The paper covers how students
typically cheat and why; the layout of an all oral class, how
it prevents cheating and how classes like this might
represent the future of undergraduate business education.
Christiansen, Linda and Joanie Sompayrac: Assisted
Living or Unassisted Existence: The Lack of Consistent
Regulation Across the United States.
As the population in this country ages,
legislatures and courts must address the growing need to
develop comprehensive and consistent law in this area.
This paper discusses the inconsistent regulation across the
50 states, and supports the need for more uniform industry
standards or federal regulation of assisted living especially with regard to abuse, licensing, training, and
continuum of care for residents/patients.
Chumney, Wade: See David Baumer
57
trying to avoid participation in international human rights
abuses.
Davis-Nozemack, Karie and Sarah Webber: The
Tainted Whistleblower Dilemma.
Whistleblowers can serve a vital role by
providing critical information to assist in collecting
underreported taxes. Historically, the IRS has been
reluctant to communicate with whistleblowers during
ongoing investigations. The IRS should take a more
nuanced view of whistleblower tip utilization. This view
should address Fourth Amendment search limitations,
satisfy statutory taxpayer privacy requirements, and
promote effective tax administration. Effective tax
administration requires setting incentives and screening
mechanisms to recruit the optimal number and type of tips.
It also requires implementing processes that effectively
screen for tips producing the greatest return on investment
and public salience.
Cowart, Tammy, Sherry Avery, Afton Barber, Ann
Gilley, and Jerry Gilley: Employees' Perceptions of
Ethics in Organizations.
This study explores leadership practices that
influence employees' perceptions that their managers are
ethical. The survey instrument was administered to master'
and PhD students from five four-year, public universities in
diverse locations (Mountain West, Midwest, and South)
over three semesters. Respondents were asked to specify,
in their opinion, how frequently firm managers were
considered ethical. The three items that measured positive
management behaviors included trust, treating employees
as unique individuals, and promoting work-life balance.
The three items that measured negative behaviors included
creating a hostile work environment, lack of management
skills, and ineffectiveness. Results and implications are
discussed.
De Almeida, Dennis: See Richard Hunter
DeAngelis, Mark: "Jury, Jury, Halleluiah": Replacing
Myths with Understanding.
The legal system abounds with ritualistic symbols
and practices from the bailiff's formal announcement of the
opening of court to the judges' black robes. Perhaps none
remains more mysterious to the public than the role of the
jury. The proposed teaching method has three components:
First, turn the students into jurors by presenting them with a
hypothetical case and charging them with the jury's role.
Second, monitor their deliberations looking for the
teachable moments where they seem to be yearning for
understanding or exhibiting misinformation. Third, bring
the class back together to substitute knowledge for
misunderstanding.
D
Darrow, Jonathan: Pharmaceutical Efficacy: The
Illusory Legal Standard.
It is widely understood that federal law allows the
FDA to approve only those drugs that are "safe and
effective." Surprisingly, however, there is no particular
level of efficacy either specified in the statute or required
by the FDA. The result is predictable: drugs that are nearly
indistinguishable from placebo can be lawfully approved
for human consumption. This article explores the illusory
legal standard for drug efficacy and explains how the
rigorous quality and certainty standards enforced by the
FDA are often misunderstood as guaranteeing that drugs
are meaningfully effective, when this may not be the case.
DeAngelis, Mark, Eric Yordy, Valeriya Avdeev,
Mitchell Sargen, and Mark Spurling: Innovative
Assignments: Beyond Homework, Toward Engaged
Learning.
How can we extend the classroom with
assignments that engage students without exuding the
drudgery of homework? Panelists will present ideas and
methods and encourage comment and discussion.
Davis, Laura and Victoria Geyfman: Females Are
Absent from Undergraduate Business Schools: An
Isolated Ailment or Silent Epidemic?
It is widely reported that females are heading to
college in record numbers and earning more undergraduate
degrees than males. Despite these enrollment trends, in
recent years public undergraduate schools of business in
Pennsylvania have not increased female matriculation. The
authors' sample business school has shown a negative
correlation between female enrollment and the overall
university growth. This paper reports on the decline of
females entering undergraduate programs, and the
implications this trend has on the available talent pool for
business, and for the universities who wish to grow, and
who purport to seek diversity in the classroom.
de los Reyes, Gaston: Be Still My Fear for Loss:
Perfectionism as Moral Strategy in Business
Contracting.
In the realm of contracting, how can business
managers safeguard virtue? Easy, one might think. They
just need to act on an unflinching commitment to
contractual compliance. This view is fatally incomplete.
Compliance with the terms of an agreement does not
always provide a recipe for virtue in contracting. To make
matters worse, it characteristically fails when a relationship
is most in need-in the aftermath of unplanned disruption.
Following legal compliance alone, too many managers will
get lost in their quest for virtue. Managers seeking a
superior moral strategy need an additional compass. This
compass is perfectionism.
Davis-Nozemack, Karie: Contextualizing Corporate
Tax Planning.
Apple was simultaneously praised and
condemned for its lawful avoidance of corporate income
tax on $74 billion. Why? The answer lies in
irreconcilable views on tax planning. There is no
consensus for addressing tax planning despite existing
ethical, economic and statutory scholarship. The lack of
consensus is because tax planning is not solely an ethical,
economic, or statutory problem. It is all of these, but it also
has cultural and legal historical components. Ignoring its
complex context is like treating only a disease’s side
effects. This article identifies the context of tax planning to
better understand its existence.
Denbo, Susan: Balancing the Rights of Children,
Parents and the State: The Legal, Ethical and
Psychological Implications of Genetic Testing in
Children.
Genetic testing enables medical professionals to
predict whether an individual has a predisposition to suffer
from a particular disease before he or she manifests any
58
symptoms of that disease. The benefits of genetic testing
include the ability to prevent or slow the onset of the
disorder. Genetic testing also enables the individual to
prepare psychologically and financially for the onset of the
disorder. While adults may undergo genetic testing, there is
debate regarding whether parents should be able to
authorize genetic testing for their children. This paper
explores the legal, ethical and psychological issues
surrounding the genetic testing of children.
that a lower standard of review applicable to disclosure in
consumer protection cases is appropriate despite the
absence of clear guidance from the U.S. Supreme Court.
Diener, Keith: The Doctrine of Unconscionable
Contracts: At the Intersection of Ethics and Law.
This essay begins by tracing the history of
unconscionable contracts from its roots in English common
law through contemporary application. It discusses three of
the major variations upon the doctrine of unconscionable
contracts across the United States, provision §2-302 of the
Uniform Commercial Code (UCC), comments contained in
the UCC, and analyzes the doctrine of unconscionable
contracts from both legal and ethical dimensions. Although
the doctrine of unconscionable contracts is often
convoluted and misinterpreted, its application is justifiable
even in face of the normative concerns pertaining to
promise keeping inherent in contractual situations.
Denoncourt, Janice: Using Film to Enhance
International Business Law Education: The Social
Network Film and the Law Student.
Although the use of film to enhance legal
education at university level is not new, it is lost in the
mists of time and relatively rare in legal studies. My
presentation will consider how using key scenes from
mainstream commercial films such as 'The Social Network'
(a drama about the founding of Facebook) can enhance
business law education and inspire students to succeed with
their studies. Key business law topics arise expressly in
film which depicts an account of resulting legal
actions Zuckerberg faced in the US. Lesson plans,
copyright guidance, student feedback and a portfolio of
relevant films will be discussed.
DiMatteo, Larry: Publishing in Other Disciplinary and
Foreign Law Journals.
Senior research scholars will report on their
experiences and provide tips on publishing in other
disciplinary (e.g., management journals) and in foreign law
journals (e.g., European law journals).
Dhooge, Lucien: See Lynda Oswald
DiMatteo, Larry: Legal Globalism: Use of Soft Law in
International Commercial Contract Arbitration.
Despite a long history of international customary
law and lex mercatoria, the mainstream view is that
international private law has always been based upon
national sovereignty. In recent decades, there have been a
proliferation of hard law (UN Convention on Contracts for
the International Sale of Goods or CISG) and, especially,
soft law instruments (CISG as soft law, Unidroit Principles
of International Commercial Contract Law, Principles of
European Contract Law). This paper will examine the roles
and interrelationship between hard and soft law in the
context of international commercial arbitration.
Dhooge, Lucien, Robert Bird, Daniel Cahoy, and
Robert Prentice: Perspectives on Measuring the Value
and Impact of Legal Research.
This panel will provide perspectives on various
measures for assessing the value and impact of legal
research, which measures are recommended and which
ones are to be avoided, and how they may be utilized in
constructing a legal research strategy and in promotion and
tenure reviews.
Dhooge, Lucien: Public Policy and the Recognition of
Foreign Judgments in Canada.
This paper analyzes litigation encaptioned
Yaiguaje v. Chevron Corporation which seeks recognition
in Canada of an $18.2 billion judgment entered in Ecuador.
The paper examines Chevron's involvement in Ecuador and
the history of proceedings in Ecuador, Canada, and the
United States and before the permanent Court of
Arbitration. The paper then discusses the recognition of
foreign judgments in Canada with emphasis upon the
public policy defense. The paper concludes that utilization
of this defense presents significant issues affecting the
reputation and credibility of the Canadian judiciary and its
liberal approach with respect to recognition of foreign
judgments.
Draba, Robert and Alexander Hewes: Alterative Fee
Arrangements: Some Basic Concepts for Business
Students.
Our remarks provide basic information about
attorney fees, which faculty may use in an instructional
plan to supplement the textbooks of their students. Our
thesis is that while the traditional law firm model may not
be dead, it is under considerable pressure. Various forces
fostered an imbalance between the supply of legal services
and the demand for those services. This imbalance
stimulated competition for legal work among law firms,
which promoted various marketing tactics such as
alternative fee arrangements (AFAs). We believe business
students would benefit from knowing something about this
dynamic environment and its impact on attorney fees.
Dhooge, Lucien: Whither Zauderer? The Disclosure of
Payments to Foreign Governments and the Compelled
Speech Doctrine.
This paper analyzes the foreign government
payment disclosure requirement contained in the DoddFrank Wall Street Reform and Consumer Protection Act as
implemented by the Securities and Exchange Commission
in the context of the First Amendment to the U.S.
Constitution. Resource extraction issuers are currently
challenging the disclosure requirement utilizing the
compelled speech doctrine. These issuers contend that the
disclosure requirement is subject to review utilizing
an intermediate standard of review. This paper determines
Duff, Schan: Corporate Governance as Stakeholder
Coordination.
Corporate governance theorists traditionally have
focused on agency problems caused by the separation of
ownership and control. This perspective fails to account
for more recent interest in a stakeholder model of the firm.
How do effective governance structures differ between
agency and stakeholder models of the firm? I conclude that
the stakeholder model demands a coordination approach
that is best served by the board of directors. The board is
well-suited to prioritize the interests of stakeholders, but
59
certain director biases must be anticipated and avoided. I
posit specific ways in which boards can be structured to
counter such biases.
A $104 million award by the IRS to former
banker Bradley Birkenfeld last year drew headlines across
the world. It was the single largest payout by the IRS under
the revised IRS Whistleblower Act (26 U.S.C Section
7623). Despite the massive award, the IRS has been slow to
process whistleblowing claims. Part I of this article
provides a brief history of § 7623 and explains its major
provisions. Part II surveys other federal and state
whistleblowing laws. An evaluation of the IRS
Whistleblower Act and suggestions for improvement in
light of other whistleblowing laws are outlined in Part III.
Dworkin, Terry: See Virginia Maurer
E
Earle, Beverley and Anita Cava: Is a Bribe Always a
Bribe? A Second Look at Facilitation Payments and
Pharma.
This paper follows a presentation at a
Symposium organized by Professor Phil Nichols at UPenn
on "Public Sector Corruption and Private Business Firms".
We follow up examining facilitation payments, Pharma and
DOJ opinions reflecting on the current state of enforcement
of the FCPA and the international environment.
Farmer, Kevin: Do Unions Have a Right to Private
Sector, Nonmember Home Contact Information for
Individuals Who Are Protected by a Clear Right to
Privacy?
The NLRA grants unions’ access to nonmember
home contact information for use in collective bargaining
and contract administration. Private sector workers find no
refuge against such disclosure under a federal right to
privacy but those who work for the federal government are
afforded protection because they enjoy a strong privacy
right. Does a clear right to privacy, such as that granted by
the California Constitution, provide a defense to
nonmember workers in the private sector? This article
addresses a recent case bearing on the issue and criticizes
the prevailing precedent based on evidentiary and
pragmatic reasons.
Eilers-Lahey: See Leigh Anenson
Emerson, Robert: Fortune Favors the Franchisor:
Survey and Analysis of the Franchisee's Decision
Whether to Hire Counsel.
A survey conducted for this article indicates that
potential franchisees often fail to consult an attorney. This
failure, in turn, certainly affects the "bargained for"
franchise contracts and thus should impact franchising
relationship law. Indeed, legislators and judges can employ
various legal standards to protect some franchisees from
their own folly, particularly when these franchisees are
unsophisticated parties, with little or no business
experience. The common law duty to avoid fraud, the
public policy encouraging good faith bargaining, and
legislative concerns over an unequal playing field indicate
that franchisors must do more to encourage franchisees'
early retention of competent counsel.
Favia, Monica: See Mark Usry
Forsythe, Lynn: See Ida Jones
G
Gantt, Karen: Balancing Women's Rights and Religious
Freedom Under the ACA.
The Patient Protection and Affordable Care Act
(ACA or “the Act”) requires employers to provide coverage
for contraceptives to their employees. This article explores
the numerous lawsuits filed by religious organizations over
the contraceptive mandate in the context of the tension
between government ability to legislate for the public
interest and religious liberty. It also analyzes a number of
issues the contraceptive mandate controversy has raised
including whether for profit corporations are persons with
free religious exercise rights in light of Citizen’s United,
and ministerial exception rights in light of Hosanah Tabor.
Emerson, Robert: Franchise Hostages: Fast-Food, God
and Politics.
Every person has a right of free speech, including
franchisor chief executive officers and franchisee business
owners. But what of the economic interests of parties
impacted by the controversial speech of their business
associates? Despite the Constitutional right to speak, in
practice, political or social commentary can be very costly
for both franchisors and franchisees insofar as it impacts
how consumers view the franchised brand. This mixing of
business and politics may be a breach of duty to another
business party.
Generas, George: Taxation and Tribes: Federal and
State Activities.
Taxation of the tribes has continued to be a
contentious issue for many years and the Supreme Court
has addressed it several times. Federal taxation is under the
control of Congress and they have not seen any urgency in
addressing it, therefore federal taxation of tribal income is
not discussed in this paper. This paper will present a brief
history of state efforts to tax activities occurring on tribal
land, the judicial response on several occasions, the reasons
behind the state attempts to tax activities and how a federal
response to possible terrorist activities aided the states in
their quest.
Emerson, Robert: Franchise Savoire-Faire.
Savoir-faire is a fundamental concept in
European distribution law, including franchising. Judges
rely heavily on the application and interplay of the French
Commercial Code, Civil Code, codes of deontology, and
EU regulations. So, a Civil Law franchise contract requires,
inter alia, transmission of know-how (secret, substantial,
experimental and identifiable). American franchise law has
little appreciation for savoir-faire, but focuses on contract
terms. This difference in perspective poses enormous
consequences for international franchisors and their
franchisees.
F
Gershuny, Pamela: 23 Chromosomes in Class.
Presenting the results of direct to consumer
(DTC) sales of DNA tests by 23andme creates new
perspectives for students on nationality, race, and
Farag, Denise: The IRS Whistleblowing Act: Room for
Improvement.
60
ethnicity. During the height of their working careers, DNA
and epigenetic will play an increasingly important role in
law and policy. Self-identifications with racial, religious,
national, and ethnic groups based on phenotype or family
history are not reliable. Chromosomes identify cousins as
well as health vulnerabilities. The inexpensive availability
of genetic information forever alters discussions of
employment discrimination, ethics, the ACA, international
law, and tort causation.
provisions are scheduled to take effect soon, but
implementation remains uncertain. This paper discusses
the need for improved access to affordable health care and
the federal government’s ability to address that goal.
Golden, Nina: Sit Down and Shut Up: Common
Courtesy in the Classroom (and Beyond).
Texting in class: it’s rude, distracting, and can
significantly impact a student’s chance of success, both in
school and professionally. Along with other media
distractions such as Facebook, Twitter, and emails, texting
has led to a generation of students who have difficulty
focusing on only one thing at a time. That lack of focus
leads to consequences such as lower grades and fewer job
prospects because of the student’s inability to ignore
distractions. This paper will examine multitasking from
both a courtesy and a learning perspective and suggest how
we can tame the digital natives who inhabit our classrooms.
Geyfman, Victoria: See Laura Davis
Ghahramani, Salar: Sovereign Wealth Funds and
International Financial Regulation.
International financial relations have largely been
defined by cross-border trade, foreign direct investments,
and global banking relations. This paper demonstrates that
another activity, sovereign investments by special vehicles
known as sovereign wealth funds, is rapidly redefining the
traditional paradigms, providing both opportunities for
further integration of the financial markets as well as
posing particular challenges for policymakers.
Gordon,
Jason:
The
Adolescent-Guardian
Entrepreneurial Relationship: A Default Entity Status?
This research explores the relationship between a
guardian and adolescent ward (guardian-adolescent) in the
context of an entrepreneurial venture. The adolescent often
receives material support from a legal guardian similar to
that provided by a partner in a business venture. This
research looks at the legal treatment of adolescent-guardian
entrepreneurial relationships in various contexts.
Specifically, this research addresses the legal rights and
potential liabilities of the guardian at different degrees of
participation in the entrepreneurial activity. The article
proposes a uniform approach in addressing the guardianadolescent relationship as a default partnership.
Ghahramani, Salar: The Ex Officio Conundrum in
Corporate Governance.
Should governors serve on the boards of
incorporated universities as ex officio members? This paper
examines the question by considering the experience of
Penn State University. The paper asserts that if the ex
officio director is in a position where he may not be able to
serve the corporation's interests, the law must mandate that
the fiduciary steps aside from the board, as the constant
tensions that the current paradigm condones (those between
public governance political objectives and private corporate
governance principles as defined by centuries of fiduciary
law), cannot be sustained.
Graham, Stuart and Deepak Hegde: Do Inventors
Value Secrecy in Patenting? Evidence from the
American Inventor's Protection Act of 1999.
We examine the revealed preferences of
inventors towards secrecy in patenting by analyzing their
disclosure choices before and after the American Inventor’s
Protection Act (AIPA) of 1999. We find that about 7.5% of
U.S. patent applications use AIPA’s provisions to keep
their inventions secret before patent grant. Small U.S.
inventors are more likely than large corporations to prefer
disclosure over secrecy for their most important inventions.
Our findings question the conventional wisdom -- which
seems to have shaped important policy -- that the disclosure
of patent applications harms U.S. invention by increasing
the risk of imitation for small inventors.
Gilley, Ann: See Tammy Cowart
Gilley, Jerry: See Tammy Cowart
Gold, Gary: Are Nation of Origin Based Wage
Differentials a Violation of Acceptable International
Labor Standards? A Review of Labor Practices in the
Arabian Gulf Arab States.
In many countries, incorporating expatriates into
the local work force is a relatively non-controversial
undertaking. The presence of non-discrimination laws,
including equal pay for equal work, ensures that most
recruited expatriates earn a salary commensurate with
nationals in a similar job classification. A common wage
practice used in the Arabian Gulf Arab States is to pay
wage differentials based on a worker's nation of origin. Is
this practice a form of wrongful discrimination or is this
model based on sound economic theory? The contours of
the issues arising from this socioeconomic phenomenon in
the Gulf countries will be explored.
Greene, Stephanie: First Amendment Concerns in OffLabel Promotion: Science vs. Marketing.
The government has successfully prosecuted
pharmaceutical companies for off-label promotion of drugs,
maintaining that such promotion impermissibly undermines
the FDA's pre-market approval process and jeopardizes the
public health.
In several recent cases, however,
pharmaceutical companies have alleged that regulations
prohibiting such promotion are unconstitutional because
off-label promotion is protected under the First
Amendment. Two recent Supreme Court cases contain
language that gives broad protection to advertising and
marketing in the pharmaceutical field. This paper questions
the reach of these cases as applied to the practice of
detailing.
Goldberg, Ilene: Health Care Reform and the Limits of
Federal Authority.
After a decades-long struggle to expand access to
affordable health care, Congress passed the Patient
Protection and Affordable Care Act (ACA) in 2010.
Critics challenged the Act as an unconstitutional power
grab by the federal government. Although the Supreme
Court upheld most provisions, there are continuing efforts
to repeal the ACA and/or thwart its implementation. Key
61
Greene, Tucker: Game of Phones: Expectations of
Privacy in Cell Phone GPS Data.
The Supreme Court has carefully considered
whether a Fourth Amendment search has occurred when
the government obtains information from a GPS (global
positional system) device which reveals an individual's
location. The increasing popularity of smart phones
equipped with GPS technology has forced courts to grapple
with the issue of tracking an individual's location through
cell phone data. This paper examines the state of the law
relating to the government's ability to warrantlessly obtain
GPS data to determine a person's location and questions the
applicability of the current standard to cell phone GPS data.
Guy, Donald: See James Holloway
H
Hanson, Randall: The Overtime Issue for Accountants.
The Big Four Accounting Firms are all facing
class action lawsuits claiming that the firms have failed to
pay overtime to entry level staff accountants who work in
excess of 40 hours per week. To date the accounting firms
have been able to treat entry level accountants as salaried
workers who are exempt from overtime pay benefits. Since
many entry level accountants often can work over 70 hours
per week during busy season, this issue looms large for the
firms.
Greenhaw, William: Teaching Use of ADR.
Arkansas, as many other states, has now seen
many trial judges require cases to be submitted to
mediation prior to assigning trial dates. With this
becoming very common, this paper is designed to be
presented to a Legal Environment class to give an overview
of what mediation is and what to expect at a mediation
session.
Haughey, Daniel, Laura Tholke, Daniel Herron, and
Neil Schuett: Integrating a Business Legal Studies
Curriculum: First Year Course, Legal Environment
Course, and
Capstone
Course---Incorporating
Stakeholder Theory into the Law and Business
Curriculum.
"Business Law" or Business Legal Studies is
such a misnomer because we teach so much more. At
Miami University's Farmer School of Business, we have
linked three law-based courses to form an offering that
1)introduces first year's to business; 2) teaches the legal
environment; and, 3) explores law, ethics, and business in a
senior capstone. The first two courses are required of all
business majors and the third is the most popular capstone
course in the university. We utilize stakeholder theory as
the common platform in all three.
Grow, Nathaniel: Joint Patent Infringement Following
Akamai.
This paper provides a critical analysis of the
Federal Circuit Court of Appeals' recent en banc decision in
Akamai Technologies v. Limelight Networks. The Akamai
decision significantly altered the law of inducement in
order to address cases of so-called "joint" patent
infringement, in which no single actor directly infringes the
patent-in-suit, but where two or more parties collectively
perform each step of an asserted patent claim. This paper
argues that the Akamai decision was unjustified as a matter
of statutory interpretation, legislative history, and policy,
and furthermore contends that the court's new standard can
still be circumvented with relative ease.
Hawkins, Ilse: Ethics and Employment Law Challenge.
This paper describes the Ethics and Employment
Law Challenge, inspired by the APPE annual ethics bowl
competition, which has been adapted to require that the
students analyze the legal and ethical issues, and apply the
laws and ethical reasoning models they have studied.
Actual cases, in which some of the identifying factors have
been changed to encourage analysis, are utilized. The
challenge requires students to determine whether the law
and ethics converge or diverge in the individual case, and it
is designed to provide the students with preparation
for values-based action as advocated by Businessweek in
its critique of business school ethics education.
Gruber, Dex, Kevin Sullivan, and Jonathan Mote: The
Road Less Traveled: Lawyers as CEO.
Prior research indicates that a CEO’s personal
attributes are predictive of strategic predispositions and the
current power structure of the related organization.
However, for this work to be as useful as intended by its
authors, the CEO background categorization must be
correct. The instant empirical study of the backgrounds of
the CEOs of the 100 largest U.S. companies reveals that
scholars who have examined executive backgrounds have
used inconsistent categorizations resulting in significant
discrepancies in their assessments and reporting of trends,
especially with respect to those with legal backgrounds.
Gunz, Sally: Reconsidering Lawyer Autonomy: The
Nexus Between Firm, Lawyer and Client in Large
Commercial Practice.
This paper reports on a study of lawyers in large
commercial law firms examining the impact both of client
relationships and firm on their role as autonomous
professional decision maker. It builds on findings reported
elsewhere that suggest more complex forms of professional
types (identities) than were once assumed and assesses the
impact of these on ethical decision making.
Hayward, John: Religious Pretenders in the Courts:
Unmasking the Imposters.
When courts decide First Amendment "Free
Exercise" cases, they often must define "religion" or "a
church." This article examines how judicial definitions of
religion have
evolved
over
many
decades,
including recognition of wicca (witchcraft) and Hare
Krishna as "religions," and how courts avoid the issue
when, for example, faced with members of the "Church of
Body Modification," who claim their employer's dress code
violates their religion. It also explores how judges have
sought to uncover deception and fraud hiding behind a
mantle of disingenuous religious conviction. Finally, the
article advances a definition of "religion" in the hope of
advancing judicial appreciation and understanding of this
age-old human phenomenon.
Gunz, Sally: See Elliot Axelrod
Hegde, Deepak: See Stuart Graham
Gunz, Sally: See Gerlinde Berger-Walliser
62
issues will provide more insight into the Roberts Court's
development of takings jurisprudence. An early indication
points to little change from the Rehnquist Court that found
it extremely difficult to establish bright line tests. The
Court's decisions on issues of a temporary physical taking,
standard of review, and takings defense will give more
insight into the Roberts Court's development of takings
jurisprudence.
Herickhoff, Penny: The Court Strikes a Balancing Pose
as Companies Race to Patent Gene Sequences for
Breast Cancer.
Following completion of DNA mapping,
businesses invested significant capital to isolate specific
gene sequences which identify individuals who are predisposed to suffer specific diseases, as an aid in early
diagnosis and treatment. This term, the Supreme Court will
decide whether several isolated gene sequences, namely,
BRCA1 and BRCA2 genes, which identify specific forms
of breast cancer, may be patented by the entrepreneurs who
isolated these DNA components. This paper analyzes the
Court‘s 2013 decision in The Association for Molecular
Pathology v. Myriad Genetics, Inc. and discusses the
implications of the court's decision for science, medicine
and free enterprise.
Hudson, Monika: See Keith Hunter
Hunter, Keith and Monika Hudson: Mean or
Misunderstood? Identifying Obstacles to Women
Receiving Mentorship from Other Women in Law.
Gender disparity is troubling but more so for
those charged with upholding equity. National bar
associations have a vested interest in this topic, especially
as it relates to junior attorneys. How do the experiences of
senior lawyers, particularly those who are female, affect
their capacity to develop, inspire or mentor newer
colleagues? Using information gathered from an Eastern
US mid-sized law firm, we examine how interpersonal
conflict, administrative transparency and the framing of
internal firm activity serve as factors that empower or
detract from junior and senior women’s ability to positively
contribute to the developmental culture of law firms.
Herron, Daniel: See Daniel Haughey
Herron,
Daniel:
Reconciling
Democracy
and
Capitalism.
Capitalism is essentially an anti-democratic
economic activity at odds with our so-called fundamental
views of democracy. Can the two concepts be reconciled
and if so how might that happen?
Hess, David: See Norm Bishara
Hunter, Richard and Dennis De Almeida: Principles of
Contract Formation in American Law: When the
Parties' Writings Do Not Conform: United States and
International Implications.
In the area of contracting, it is always safer to
agree completely on all material (important) contract terms
before performance is made or tendered-that is, either
before payment is tendered or goods are shipped or
accepted. However, parties will frequently begin
performance before the terms of a deal have been
completely worked-out. This article will provide a
discussion and statutory solution to the problem as seen in
the Uniform Commercial Code Section 2-207. In addition,
the article takes the discussion to the international
contracting stage by referencing the United Nations
Convention on Contracts for the International Sale of
Goods.
Hewes, Alexander: See Robert Draba
Hiller, Janine: Botnet Takedowns: Law and Policy.
Botnets, a network of computers infected with
malicious code, controlled centrally from a distance, are not
new. It is essential to dismantle networks of “hijacked”
computers that are used for cybercrime and other harmful
activities; botnets can potentially affect the core
functionality of the fundamental Internet infrastructure. The
legal and policy questions surrounding a takedown of a
botnet are complex. Government and private sector roles in
takedowns have evolved considerably, while risks and
rewards have increased concurrently. This paper provides a
brief technical description of a botnet and a discussion of
the legal methods for tackling botnet destruction and
remediation.
Holcomb, John: Duplicity in Higher Education: The
Ethics of an Ethics Chair Search.
The paper will examine the roles of a search
committee, business school department, dean, other
administrators, and university trustees in the search for an
endowed chair holder in business ethics. In examining both
the procedural and substantive aspects of the search and
ultimate decision, the paper will apply concepts of ethics,
governance, and leadership. The paper will also consider
the impacts on various stakeholders, including the
competing applicants, professional colleagues, and
students. It will also weigh the reputational interests of all
parties affected.
Hunter, Richard, John Shannon, and Laurence
McCarthy: Fairness, Due Process and the NCAA: Time
to Dismiss the Fiction of the NCAA as a "Private
Actor".
This paper will argue that the Supreme Court
"got it right" in Brentwood Academy as it goes forward in
determining the issue of "state action" in the area of
collegiate sports-at least as it would be applied to
enforcement proceedings carried out by the NCAA. We
will argue that this interpretation is a logical and practical
extension of earlier decisions of the Supreme Court which
focused on the "involvement" of the state with an otherwise
private entity, indicating that the time had come for a
reappraisal of the majority's and the minority's views in
Tarkanian - taking into account an essential fairness
argument.
Holloway, James: See Elaine Seeman
Holloway, James and Donald Guy: The Takings
Trilogy:
The
Roberts
Court
and
Takings
Jurisprudence.
The US Supreme Court granted writs of certiorari
to decide takings issues of two federal courts of appeal and
one state Supreme Court. The Court's decisions on these
I
Isaacs, Daniel: Hypothetical Efficiency is not Grounds
for Breach.
63
The law does not approve of efficient breach of
contract. Although there are situations where the law
implies contract terms, there is no basis for an implied
covenant of efficiency. Hypothetical contracts cannot be
used to bind people to results, even efficient ones, to which
they did not agree. Where it is inefficient to demand
performance, flexibility should come from the promise.
section introductory business law/legal environment
course. It highlights the authors' efforts to ensure that
students will experience similar academic rigor,
consistency of performance evaluation, and explicit
development of critical thinking skills regardless of their
instructor. The authors introduce problem- solving
activities using humorous and simple problems so that
students will feel motivated and empowered to continue
developing their critical thinking skills through successful
experiences in their introductory coursework.
J
Jacobvitz, Kirsten: See Patricia Pattison
Jones, William: See Brad Carmean
Jebe, Ruth: Show Me the Way: South Africa's "New
Governance" Approach Charts the Path to Integrated
Corporate Reporting.
In 2009, the Johannesburg Stock Exchange (JSE)
began requiring an annual "integrated report" from all
companies listed on the exchange. The JSE's action was
ground-breaking in several ways. It was the first exchange
to mandate reports that integrated financial and nonfinancial information as a condition of listing. The
requirement specifically connects corporate reporting with
sustainability, an approach that signals a new paradigm for
corporate reporting. This paper investigates South Africa's
integrated reporting law and argues that the country's New
Governance approach is a more effective method for
improving corporate reporting as a sustainability tool than
are traditional regulatory approaches.
K
Kaminer, Debbie: Using Mediation to Address Conflicts
Involving Religious Accommodation in the Workplace.
This article will examine how mediation can be
an effective means of addressing conflicts involving
religious accommodation in the workplace. In recent years
the number of religious discrimination charges filed with
the Equal Employment Opportunity Commission has
increased dramatically. Litigating these cases can be
expensive, time consuming and stressful for employers and
employees alike. Mediation can be an effective alternative
to litigation since conflicts involving religious
accommodation often result from miscommunication and
misunderstanding and are best addressed with creative
solutions.
Jebe, Ruth: From Social License to Operate to Legal
License to Operate: A Survey of Corporate NonFinancial Reporting as a Condition of Stock Exchange
Listing.
Corporate reporting of non-financial information
is on the rise, with over 3,000 companies now reporting in
accordance with the standards developed by the Global
Reporting Initiative (GRI). While such reporting has
traditionally been voluntary, a number of European
countries are moving to requiring disclosure of nonfinancial information as a condition of stock exchange
listing. This paper surveys the current and future use of
stock exchanges as a mechanism for increased corporate
reporting by examining existing and proposed laws and
requirements in the United Kingdom and other countries,
and projects the trajectory of this trend.
Karns, Jack and Bruce McNeil: ESOPs and the
Fiduciary Standard Recently Adopted by the Seventh
Circuit.
Employer Stock Ownership Plans (ESOP) have
been popular items to include in employee 401(k) benefit
and retirement plans for some time. Recently, ESOPs have
come under attack by employees mounting putative class
action efforts to re-coup some of the money lost when
corporate stock prices declined during the 2008-09 global
economic crisis. This paper reviews a recent decision,
White, et. al v. Marshall & Isley, by the Seventh Circuit
making it harder for these lawsuits to proceed on the theory
that company Plan fiduciaries had violated the duty of
prudence owed to Plan participants pursuant to the ERISA
statute.
Jennings, Marianne: See Karen Morris
Kemp, Deborah: See Ida Jones
Jones, Ida: Universal Design for Learning: More than
Making Reasonable Accommodations.
How do we promote more and deeper learning
for all our students? One way is to apply the principles of
Universal Design (UDL)to the way we present material,
request that students demonstrate mastery of skills and
concepts and keep students engage. UDL requires more
than reasonable accommodation, but instead a fundamental
shift in how one presents. When applied, it can create a
richer learning environment and lessen the need for
reasonable accommodation for students with disabilities.
Its' bonus? Using the approach promotes deeper learning
for all learners.
Kemp, Deborah: Fair Use and Fame: The Words and
Images of George Washington, J. D. Salinger, and
Richard Prince.
Judge Batts, Southern District of New York,
denied fair use defenses in two infringement cases,
applying similar to law to both. The Second Circuit
affirmed her fair use analysis in Salinger v. Colting, but
reversed in Cariou v. Prince. There is a lack of
predictability in fair use cases in general. Adopting the
method of analysis used by Pierre N. Leval, Circuit Judge
for the Second Circuit, in an earlier J.D. Salinger case
would simplify and add predictability to the fair use
analysis that the courts have been considering in many
copyright infringement suits.
Jones, Ida, Lynn Forsythe, and Debora Kemp:
Collaborative Critical Thinking Exercises for Business
Law Students.
This paper discusses critical thinking,
collaborative learning, and case problem writing in a multi-
Kessler, Lara: See John Norwood
64
viability of investor-State arbitration for corruption claims,
and making appropriate use of State-to-State dispute
resolution mechanisms like diplomatic protection. It
examines the circumstances under which a State may be
responsible for corrupt acts against foreigners under
international law and assesses the opportunities and
obstacles currently associated with invoking State
responsibility. It proposes improvements to existing
international dispute resolution mechanisms that should
better enable them to help prevent corruption.
King, Nancy: Will Smart Meters Outsmart Us From A
Privacy Perspective? Articulating the Privacy
Concerns.
Smart meters are being installed in consumers’
homes as the world moves to the smart grid of intelligent
energy networks. These near real-time communication
devices collect rich personal data about customers’ energy
uses to help energy suppliers better manage the energy
supply. Equipment makers, third-party marketers, law
enforcement and commercial data banks all may seek
access to smart meter data for secondary purposes. This
paper focuses on data sharing and consumer privacy
concerns related to who should have access to smart meter
data and for what purposes, with the goal of advancing
discussion about solutions to protect consumers’ privacy.
Kleckley, James: See Elaine Seeman
Knopf, John: See Robert Bird
Kobayashi, Tetsuo: See Darren Prum
Kingery, Amber: From Food Desert to Cornucopia: A
Lawyer's Primer for Growing a Local Food Scene.
America is facing fallout from a broken food
system on many fronts. We’re poisoning our environment,
facing skyrocketing rates of obesity and diet-related
diseases, and, increasingly, limiting access to healthy foods
to the privileged classes. The good news is, the grassroots
“locavore” movement is gaining momentum, and with it
comes the opportunity to reverse course. This article
discusses how to tap into the locavore wellspring and start
or support a local scene for your community with help from
federal programs and a roadmap to pertinent federal, state,
and local regulations.
Koretz, Lora: Enforcement Actions under the Foreign
Practice Act and the U.K. Bribery Act.
The paper will discuss recent trends in
enforcement actions under the Foreign Corrupt Practices
Act as well as the U.K. Bribery Act.
Kraus, Richard: See Jessica Magaldi
Kulow, Marianne: Domestic Violence Workplace
Legislation: Minimizing Costs and Maximizing
Benefits.
The annual cost of domestic violence to U.S.
business in lost productivity, medical costs, absenteeism,
and lawsuits totals $3-5 billion. Forty states have enacted
laws that give employers increased responsibility in
combating domestic violence. Congress has considered
several bills that would provide protections analogous to
those adopted by various states. Nonetheless, only 12% of
corporate leaders believe that corporations should play a
role in addressing domestic violence. This paper reviews
the existing laws from a business perspective to assess their
effectiveness at reducing business costs and then makes
recommendations for enhancements to better serve both
public policy and business goals.
Kirschner, Cheryl: Best Uses of Business Cases in
Online and Traditional Business Law Classes.
For decades, business schools have employed the
use of business cases as a major pedagogical tool. Yet,
business law professors are often reluctant to use business
cases. This paper seeks to explore the best uses of business
cases in both online and traditional classroombased business law courses. It also explores approaches to
writing and developing business cases - from
conceptualization through publication.
Kisska-Schulze, Kathryn: States Taxing Our Email
Messages? Should They... Could They?? An In-Depth
Analysis Into the Future of Email Taxation In the Wake
of the Expiration of the Internet Tax Freedom Act.
In March, 2013 California City Councilman
Wozniak proposed imposing a tax on emails. Such
proposal is not surprising since the Internet Tax Freedom
Act (ITFA) expires in 2014. The plausibility of taxing
emails requires an understanding of how email works;
arguments for and against the permanent extension of the
ITFA; how to characterize emails for taxation; how
jurisdictions could establish nexus with email service
providers or account holders; and how to source emails.
This article explores he evolution of tax imposition,
analyzes opportunities which states have undertaken to
impose taxes; examines the possibility of taxing emails,
and offer proposals for policymakers.
Kunkel, Richard: Fair Use in Australia? Fair Dinkum!
This article will discuss the comprehensive
review of copyright law being conducted in Australia
though the auspices of the Australian Law Reform
Commission (ALRC). The inquiry began in mid-2012 and
will conclude with a final report by November 30, 2012.
The ALRC inquiry covers a broad range of issues including
caching,
cloud
computing,
transformative
use,
retransmission of free to air broadcasts, and other important
issues. However, this article will focus on the ALRC’s
recent recommendation that Australia adopt a flexible fair
use exemption to copyright, similar to U.S. law, and related
modifications to its existing exemptions for fair dealing.
L
Labatt, Joe: A Narrative (Novel) Approach to Teaching
Business Law.
I published a novel (with a co-author) last fall,
and it occurred to me that a narrative approach to teaching
Business law will reinforce legal concepts in a different,
engaging, and memorable way. In the narrative, a young
entrepreneur starts and runs a business, encountering a
range of legal issues from business formation to contract
law. The story links legal case studies and involves a
Klaw, Bruce: State Responsibility for Bribe Solicitation
and Extortion in International Business Transactions
and Foreign Direct Investment: Obligations, Obstacles
and Opportunities.
This Article explores how bribe solicitation and
extortion in international business transactions and foreign
direct investment may be prevented by holding States
accountable under international law, improving the
65
recurring cast of characters. In the paper, I would present
two chapters of the novel, the legal concepts involved, and
actual cases available for comparison (i.e., Dodge v. Ford
and Board of Director conflicts.)
intimidation, ridicule, fear and insult, the heart and soul of
the prohibitions against the maintenance of a hostile
workplace. The paper explores the legal ramifications of
the use of the N-word by supervisors in the workplace.
Lacey, Kathleen: See Elliot Axelrod
Little, Andrew: See Lucas Loafman
Lacey, Kathleen: See Marsha Cooper
Loafman, Lucas and Andrew Little: The Changing
Landscape of Disparate Impact Discrimination:
Criminal Conviction Policies, EEOC Enforcement, and
the Courts.
The main purpose of this paper is to examine
evidence in support of the current state of "law" and
governmental policy with regards to the use criminal
convictions in employment decisions and the potential for
disparate impact claims. Heavy emphasis is placed on
examining recent major policy and enforcement actions by
the EEOC, as well as recent case law. The ultimate
argument presented is that this particular disparate impact
theory has questionable judicial support and may pose a
substantial and unjustifiable burden on employers and even
taxpayers.
Landry, Rob: See David Read
Landry, Rob, Ben Boozer, and Keith Lowe: Bankruptcy
Reform and National Consumer Bankruptcy Filing
Rates: An Interrupted Time-Series Analysis.
The Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 was designed to address perceived
abuses by individuals of the consumer bankruptcy system.
The primary research question of this study is as follows:
What impact, if any, has Reform Act had on the consumer
bankruptcy filing rate? Regression analyses were run
employing several dependent variables to detect any
causation between Reform Act and the applicable
dependent variable. The results indicate that the Reform
Act does not have a long-term impact on filing rates.
Lovett, Willie: See Seletha Butler
Lasher, Nancy: See Susanna Monseau
Lowe, Keith: See Rob Landry
Lee, Stacey: Can Incentives to Generic Manufacturers
Save Doha's Paragraph 6?
A primary objective of the Doha Declaration was
to create a process for member countries with insufficient
manufacturing capabilities to access generic versions of
patented drugs without violating TRIPS. Referred to as the
"Paragraph 6 compulsory licenses provisions," this only
amendment to TRIPS was intended to ensure developing
countries access to affordable medicines. Over the past
decade, these provisions have failed to provide the gains
initially anticipated. This Article explores the reasons for
this failure and suggests that an under-examined approach
to reaching the Doha Declaration's goal lies in reframing
the role of generic manufacturers in the Paragraph 6
process.
Lucas, Laurie: What the FICO? The Leveraging of
American Consumers.
This paper considers how the use of consumer
credit scores within the financial services industry has
changed conceptions of consumer creditworthiness and risk
in the industry and in society. This paper extends prior
research evaluating the appropriateness of incorporating
legal precedent from employment law (disparate impact) to
determinations of financial creditworthiness and
discrimination within the lending industry. The sociocultural implications of using credit scores as a proxy for
creditworthiness and the implications of this phenomenon
for consumers, the industry, and society are considered
within the framework of the recent recession and the
financial bubble in consumer lending that preceded it.
Levy, Alan: How Patterns of Dissent are Shackled in
Public Sector Organizations in Canada.
The thesis of this paper/talk will be that in
democratic societies the need for dissent is the oxygen of
democratic thought and behavior. We are living in a period
where democratic actions in our public organizations are
fettered in every turn. Be it speech or direct political
involved in the civil service and related public agencies.
Thus majoirtian democracies given lip service with our
government public sector organizations. The talk is on
Whistle Blowing in Canada and how the law has failed its
objective.
Luoma, Vicki and Milton Luoma: Preservation,
Proportionality and Sanctions Under the Federal and
State Rules, and Current Case trends.
Courts and litigants are looking toward
proportionality to resolve the issues of increasing costs and
inefficiency in the present discovery process.
Proportionality takes into account the costs of producing
information in response to a discovery request compared to
the potential value of the case. A few states, including
Minnesota, have established new rules to address
proportionality. Proportionality must examine the conduct
of the litigants, preparation of the companies, and the role
of sanctions. This paper addresses the notion of
proportionality and its role in controlling the costs of
discovery.
Lewis, Darryll: The Paula Deen Enterprise Case and
the Use of the N-Word in the Workplace: Anathema:
Blind Love for the Antebellum?
A race discrimination lawsuit is brought by Lisa
Jackson against the Paula Dean Enterprise. The allegations
primarily focus on the conduct of corporate supervisory
personnel and higher-ups, and their pawns in an interwoven
web of corporate and personal racism. The law regarding
the maintenance of a hostile work environment perpetrated
by supervisory personnel is explored. The accusations
paint an anachronistic workplace permeated with
Luoma, Milton: See Vicki Luoma
M
MacGabhann, Labhras: See Burke Ward
66
Magaldi, Jessica and Richard Kraus: #IHateMyBoss:
What Every Employer Needs to Know about Regulating
Employees' Use of Social Media.
As social medial use becomes more prevalent in
our society, the impact of social media on employment is
becoming more pronounced. Can an employer restrict
employees from mentioning the company on Twitter?
From displaying the company trademarks on Pinterest?
From complaining about workplace policies on Facebook?
This article analyzes the recent challenges to employers'
social media policies and parses the NLRB's
pronouncements on appropriate, legal and enforceable
social media policies. It looks for unifying themes to
provide guidance to employers drafting social media
policies and addresses what social media activities a
workplace social media policy can legally restrict.
Marcum, Tanya and Sandra Perry: When a Public
Employer Doesn't Like What Its Employees 'Like':
Social Media and the First Amendment.
Social media forums exist in which individuals
can express their thoughts and opinions in many different
ways. Although the First Amendment of the U.S.
Constitution provides the basic fundamental right to free
speech, it is not an absolute right to free speech. When a
citizen accepts employment in the government sector, that
citizen may experience, due to governmental necessity,
certain limitations on free speech rights. This article
explores free speech limitations on a public employee’s
speech and use of new social media.
Mark, Gideon and Leigh Anenson: Inequitable Conduct
and Walker Process Claims After Therasense and the
America Invents Act.
This Article examines the dramatic constriction
of the inequitable conduct defense to patent infringement
accomplished by the Federal Circuit's decision in
Therasense v. Becton and the enactment of the America
Invents Act. The Article argues that Therasense and
specific features of the AIA, particularly its adoption of
new post-issuance review proceedings and a new best mode
amendment, will operate in tandem to sharply curtail the
availability of the inequitable conduct defense and thereby
impair the operation of the U.S. patent system.
Simultaneously, Therasense will operate to overly constrict
the opportunity for parties to assert Walker Process
antitrust claims.
Malone, Jason and Kevin Sullivan: An Analysis of the
Structure and Use of Real Estate Foundations and
Their Future Impact Upon Their Institutions and
Charitable Organizations.
The use and benefits of general charitable
foundations to accomplish socially beneficial goals has
become a well established and accepted practice as public
funding continues to decline. However, in conjunction
with these general charitable foundations, there has been an
emergence of specifically purposed real estate foundations.
These real estate foundations provide flexibility and the
opportunity for growth through real property development
that has in the past gone unrealized. This paper reviews
how these new subset foundations are organized, the
reasoning behind their establishment, how they are
evolving and expanding, and the impact they are having on
their parent charitable foundations.
Marsnik,
Susan:
Brinkman
vs.
Summit
Pharmaceuticals: A Sexual Harassment Jury
Simulation.
For decades, colleagues teaching business law
and legal studies in business have designed and used jury
simulations for introductory courses. This sexual
harassment jury simulation, which has been used for over a
decade, adds to the body of literature. This exercise is
designed to be used as a first day of class exercise that can
be returned to later in the semester when teaching evidence,
dispute resolution, the nature of damages and employment
law.
Manning Magid, Julie and Jamie Darin Prenkert:
Occam's Razor in Employment Discrimination Law.
In the interest of structural employment
discrimination law, the Occam's razor that distinguishes
religion and pregnancy from all other Title VII protected
classes has been overlooked. This paper examines the two
areas of Title VII that inherently demand accommodation,
religion and pregnancy, but did so prior to the Americans
with Disabilities Act's development of a formal
accommodation structure. The protected traits of religion
and pregnancy are unique because of their mutability.
Simplifying the structural morass of antidiscrimination and
accommodation legislation, as Occam's razor principle
advocates, may clarify the legal distinctions of these
mutable but protected traits.
Martin, Susan: Life Settlements: Legal Gambling,
Property Rights, and Freedom to Contract are
Insufficient Reasons to Pervert the Purpose of Life
Insurance.
In the last ten years, financial schemes involving
life insurance policies have become a big preoccupation of
courts, state legislatures, and the SEC. This article asserts
that life settlements are not in the public interest and should
be discouraged. Wagering on the lives of strangers is an
idea that has been appalling for centuries, but the industry
has been gaining acceptance as a supplier of a legitimate
financial product, paradoxically, in no small part, because
of increased state regulation.
Manning Magid, Julie: Cloaking: Public Policy and
Pregnancy.
This paper examines the way economic policy
decisions impacting women and pregnancy are often
cloaked in language that advance related aims - particularly
gender, disability and family -- but fail to address the
specifics of pregnancy and its economic impact on women.
It outlines a past pattern of policy-making that treats
pregnancy as derivative rather than fundamental in
economic policy and labor force demands. Finally, this
paper advocates for freeing pregnancy from this cloak of
deception and inefficiency and for advancing policies that
are more transparent and focused on desired policy
outcomes.
Marzen, Chad: See Robert Aalberts
Marzen, Chad and William Woodyard: Catholic Social
Teaching, the Right to Immigrate, and the Right to
Regulate
Borders: A
Proposed
Solution
for
Immigration Reform.
In the past decade, policymakers from various
perspectives have discussed and debated proposals to
Mansfield, Nancy: See Susan Willey
67
reform America's immigration system. This article
discusses not only the history of the Catholic legal and
intellectual tradition's contribution to social teaching on the
issue of immigration, but emphasizes the development of
two strands of Catholic thought: the right to immigrate, and
the right to regulate borders. Applying the Catholic legal
and intellectual tradition, this article provides a proposal for
immigration reform at the federal level that incorporates
key tenets of Catholic social thought.
corporate social responsibility. This case looks at Apple's
ongoing relationship with Foxconn as a key supplier in
China, and questions raised about labor practices by
Foxconn in supplying Apple over the past several years.
McArdle, John: Corporate Formation Before the Birth
of Septuplets: When New Jersey was the State of Choice
for Incorporators Prior to the Seven Sisters Act.
For a brief period of time at the turn of the 20th
century, New Jersey was the "incorporator's choice" - home
to the most promoter friendly and liberal corporate
formation legislation in the United States. Delaware copied
the New Jersey Acts almost verbatim in 1899 - and in 1900
ruled that NJ legal precedent would be binding in
Delaware. But for the passage of reform legislation known
as the "Seven Sisters' Act" championed by Governor
Woodrow Wilson, NJ might still today be the incorporator's
choice. This paper explores the events surrounding the
passage of that legislation, and imagines "what if?"
Matejkovic, John and Margaret Matejkovic: Enough
Already: Workplace Bullying Statutory Protection Is
Not Needed.
With growing attention regarding bullying in the
workplace, some legislators and academics have suggested
the need for statutory prohibition of workplace bullying.
The authors of this article contend that such regulation
would be unwieldy and is neither necessary nor desirable.
Such behavior should more appropriately be addressed by
the adoption and consistent enforcement of workplace
policies and practices.
McArdle, John: The Sum of Their Parts: Unrelated
Business Income Tax Liability Issues for the
Entrepreneurial Activity of Small Colleges and
Universities.
This
paper
explores
the
largely
overlooked dilemma small colleges’ face when they risk
Unrelated Business Income Tax (UBIT) exposure for
engaging in revenue generating activity that is outside of
their educational mission. This paper will give a
brief history and overview of UBIT issues as related to
higher education institutions, discuss the twin issues of
potential tax exposure for aggregate operations and the
danger of interlocking boards, and offer some
suggestions for institutions which seek to recapture
potential income from profit making activities might
consider in structuring those efforts. (2013 Gaylord Jentz
Scholar Paper)
Matejkovic, Margaret: See John Matejkovic
Maurer, Virginia, Cindy Schipani, Terry Dworkin, and
Chizu Nakajima: A Cross Cultural Perspective on
Advancing Women to Top Leadership in Organizations.
Both theory and evidence point to the positive
impact on organizational performance large organizations
achieve in having gender diversity on governing boards and
in top leadership positions. Nonetheless, women remain
disproportionately under-represented in these positions of
power, and the disparity of leadership in some fields, such
as finance, is striking. Drawing on extant research, this
panel will identify the limits and possibilities for private
and public approaches to increasing effective contribution
and participation by women in leadership at the highest
levels of organizations. It will introduce preliminary data
from a survey of U.S. and European business school
graduates.
Mawer, Will and Paul Becker: International Island
Disputes.
The most litigated topic before the International
Court of Justice involves the claim of sovereignty and
ownership of many different nations who border upon an
ocean or sea. This paper attempts to identify the various
factors and theories that the Court of Justice has used in
determining the sovereignty rights of nations.
McArdle, John: What's So Funny About Peace, Love,
Understanding and Pasta?
The theory behind this exercise is to present
material to first--‐time undergraduate business law students
on the initial day of our tort law segment in an interactive
and fun way. The hypothetical serves both as a way to get
them excited about torts, introduce the type of scenario they
will find on a midterm exam, and provide a structured
writing exercise designed to teach a model negligence
analysis exam answer. The practitioner takeaway will be a
lesson plan and a full set of instructor materials.
Mayer, Don: See Gerlinde Berger-Walliser
McCarthy, Laurence: See Richard Hunter
Mayer, Don and Kevin O’Brien: Civil Liability for
Securitized Mortgage Obligations: The Case of
Standard and Poor's.
This paper explores those current existing
lawsuits against Standard and Poor's for negligence and/or
misrepresentation of the quality of subprime mortgage
obligations that were consistently rated AAA by S & P and
other ratings agencies, despite evident or discoverable
deficiencies in the underlying mortgage pools that were
securitized.
McEvoy, Sharlene: Wind Farms: Remedy for
Dependence on Fossil Fuels or New Threat to the
Environment?
In the search for alternative sources of energy,
wind farms consisting of turbines as tall as 490 feet have
been proposed. Yet for various reasons discussed in this
article wind farms have generated opposition from
environmentalists and others from concerns about
aesthetics to dangers to animals as well as health risks for
humans.
Mayer, Don and Andy Reger: Apple, Inc.: Labor &
Social Responsibility Issues in China.
In the midst of considerable commercial success,
Apple, Inc. has been criticized for certain shortcomings in
McGarry, Kevin, David Orozco, and Lydie Cabrera
Pierre-Louis: The Human Rights-Related Aspects of
Indigenous Knowledge in the Context of Common Law
68
Equitable Doctrines and Implications of the Kiobel
Decision.
This article examines the nexus between human
rights, and knowledge produced, maintained and regulated
by indigenous societies, and equitable principles inherent
within private contract law. The issue of indigenous
knowledge has generated significant controversy and
challenges for the international business community.
Scholars have begun to address the need for business
managers to be aware of the ethical issues involving
indigenous knowledge. The article will discuss
international law, trade law and the questionable conduct of
certain business entities in the context of common law
doctrines of equity including good faith, fair dealing,
unconscionability, and unjust enrichment.
the Revised Uniform Limited Liability Company Act
(2006) (RULLCA), particularly as modified by California,
offer compelling alternatives to the Delaware paradigm.
McGill, Shelley: From Conjecture to Hypothesis:
Undertaking an Empirical Study of Disputes and
Disputants in the People's Court.
Doctrinal
legal
research compares
new
developments
in
the
law with
existing
legal
principles; usually building to logical conjecture about how
this new development may impact future behavior.
Empirical evidence to support such conjecture is often
lacking and this limits the impact of the research. In an
effort to strengthen the persuasiveness of my doctrinal
conjecture on access to civil justice, I initiated an empirical
study of disputes in small claims court. This paper shares
the journey of this empirical study as it moves from
development to implementation in the hope that others may
gain insight from my progress and missteps along the way.
Monseau, Susanna, Nancy Lasher, and Timothy
Pfenninger: A Stealth Drug Recall: Who Protects
Consumers and Shareholders?
In 2010 William Weldon, CEO and Chairman of
Johnson & Johnson, testified in front of a Congressional
Committee to explain the largest product recalls in the 125
year history of the company. This case traces the story of
the Motrin and Tylenol recalls and cover-ups and is
accompanied by analysis of the roles of Johnson & Johnson
leadership, the FDA and the Justice Department in the
scandals. It includes primers on corporate governance and
the regulatory role of the FDA.
Missirian, David: Extended Warranties, the Ultimate
Protection or the Ultimate Money Maker A proposed
statute.
This paper examines both the state and federal
protections offered regarding extended consumer product
warranties. I will be looking at which states have specific
protections and requirements for these warranties and
which do not. I shall also propose a uniform statute for the
protection of the consumer.
Molesky, Mason: See Elizabeth Cameron
Morgan, Fred: See Brad Carmean
Morris, Karen and Marianne Jennings: News to Use;
The Best News Stories of the Last Year for
Teaching Business Law.
The news is rich with real-life examples of the
principles we teach. But not all news stories are created
equal. The two presenters will highlight some of the best of
the last 12 months, and will provide suggestions on how to
incorporate them into your class lessons.
McGill, Shelley and Ann Marie Tracey: The Next
Chapter: Revisiting the Policy in Favor of Arbitration
in the Context of Collective Statutory Claims.
In 2011, the U.S. and Canadian Supreme Courts
addressed the consumer class action vs. arbitration debate
with decisions restricting collective access to judicial
forums when the disputes are governed by arbitration
clauses. Now the U.S. Supreme Court is revisiting the FAA
policy in favor of arbitration, this time considering the
effective vindication of business's collective statutory
claims. This paper examines the aftermath of the U.S. and
Canadian decisions in AT&T Mobility v. Concepcion and
Seidel v. Telus Communications and opines on the impact
of the next chapter unfolding in the U. S. case of American
Express v. Italian Colors.
Mote, Jonathon: See Dex Gruber
Mowrey, Megan: Genetic Testing and Legal
Consequences.
The Genetic Information Nondiscrimination Act
(GINA) encourages protection against discriminatory
treatment by employers and insurers. This paper discusses
the history of GINA, experience with the law and its
necessity, and the ramifications for employees and firms.
McNeil, Bruce: See Jack Karns
Miller, Carol: Teaching Tips Discussion.
This is an informal session in which faculty
members can share teaching tips and discuss teachingrelated problems. It was a very beneficial session to
people who attended it last year, so I would like a time slot
reserved for that purpose this year.
Muir, Dana and Norman Stein: Two Hats, One Head,
No Heart:
The Anatomy of the ERISA
Settlor/Fiduciary Distinction.
RISA's settlor/fiduciary doctrine permits plan
sponsors to act free of fiduciary obligation when their
actions parallel those of a trust settlor. We identify two
strands to the doctrine: the implementation strand and the
ordinary business strand. After examining the application
of those strands, we critique situations where the doctrine's
application lacks appropriate nuance to account for
employees' roles as co-settlors in employee benefit plans.
Miller, John: See Brad Carmean
Miller, Sandra: The Best of Both Worlds: Default
Fiduciary Duties and Contractual Freedom in
Alternative Business Entities.
This paper examines why default fiduciary duties
in alternative entities reflect sound legal policy in the wake
of the recent controversy in Delaware as to whether default
fiduciary duties exist in alternative business entities. The
paper argues that the Revised Uniform Partnership Act and
N
Nakajima, Chizu: See Virginia Maurer
69
mislaid, and abandoned property? If so, this paper is for
you! It centers around a recent Arkansas case in which
four different individuals claimed ownership of a $1
million Arkansas lottery ticket. Although the paper focuses
on cases in Arkansas and Michigan (the home states of the
authors) they were all decided on general principles of
common law, and can be used for attention grabbing
examples in any business law class.
Nasuti, J.L. Yranski: Vance v. Ball State UniversityNew Rules for Applying the "Supervisor Liability
Rule" in Hostile Environment Cases.
Fifteen years ago, the U.S. Supreme Court held
that an employer, under certain circumstances, could be
held vicariously liable for a hostile environment created by
a supervisor. This year the Court was asked to revisit the
question of who qualifies as a supervisor. Is a supervisor
only an employee who has the power to hire, fire, promote,
transfer, or discipline the accuser? Or, is a supervisor also
someone who has the authority to direct and oversee the
accuser's daily work? This paper will review the
conflicting approaches of the various circuit courts as well
as the Supreme Court's final decision.
Nunley, Patricia: See Justin Blount
Nunley, Patricia and Justin Blount: The Perils of Social
Media: Navigating the Legal Risks.
In recent years, social media websites have
increased at such a rapid rate that they have exceeded the
development of rules designed to regulate them. The
prevalent use of social media by both employees and
employers presents opportunities as well as risks. While a
valuable tool, employers face legal challenges and liability
as they navigate the turbulent and unfamiliar waters of the
virtual world. Therefore, employers must be cautious and
proactive in addressing these emerging legal issues. This
article will examine the legal issues resulting from use of
social media, discussing the implications of recent case law
and legislative developments.
Nelson, Josephine: Manuscript in Progress, Perverse
Incentives and Corporate Conspiracy: Why We Are
Asking the Wrong Basic Question in Assessing Personal
Liability for Corporate Officers.
At the intersection of agency law, tort, and
criminal law, the law of conspiracy misplaces incentives
for employee behavior when the harm from a business
association's action is particularly great. This paper will
explore what is wrong with existing incentives, the history
that those incentives are rooted in, and what the emphasis
of conspiracy law in evaluating employee behavior should
be instead.
O
O’Brien, Christine: The Top Ten NLRB Cases on
Facebook Firings and Employer Social Media Policies.
In the context of unfair labor practice cases, the
National Labor Relations Board has been reviewing
employer social media policies and actions that interfere
with rights that apply whether employees are in a union or
not. This article outlines the top ten cases in this area to
instruct employers and employees on what policies and
comments are lawful and protected. The cases encompass
employer policies that an employee would reasonably
perceive to infringe upon employee rights to engage in
National Labor Relations Act- protected concerted
activities, and instances where an employee is disciplined
or discharged for engaging in protected activity.
Nelson, Josephine and Richard Parry: Protecting
Employee Rights and Prosecuting Corporate Crimes: A
Proposal for Criminal Cumis Counsel.
In the $600 billion context of corporate crime,
government, business, and employees' objections to
corporate indemnification ultimately rest on the conflict of
interest for employee’s counsel when counsel is being
controlled by the corporation. Most importantly, these
conflicts of interest violate individual employee
defendant’s Sixth Amendment rights. To address these
conflict of interest problems in directors and officers
(D&O) indemnification cases, we propose a solution that
was originally developed for civil insurance cases in
California, but that has an even more powerful and
appropriate application in the context of criminal employee
defendants.
O’Brien, Kevin: See Don Mayer
O’Callaghan, Jerome: See Paula O’Callaghan
Nichols, Philip: Sovereign Anti-Corruption Law and a
Globalized Business Environment.
Corruption imposes significant burdens on
businesses and Polities. Polities have responded with an
international regime of national laws, coordinated through
regional organizations. This paper examines whether the
regime, which is promulgated by policymakers oriented
toward national systems, comports with the realities of
business, which is oriented toward supply and distribution
networks. The paper analyzes ten discrete laws along three
vectors: connection to territoriality, breadth of jurisdiction
(particularly the extent to which the laws can follow a chain
of relationships in a network), and affirmative defenses for
relationships. The paper finds substantial variance, and
recommends closer coordination of these laws.
O’Callaghan, Paula and Jerome O’Callaghan: As You
"Like" It: Facebook and Free Speech in the Workplace.
In Bland vs. Roberts a sheriff's office employee
was discharged, at least in part, for pressing the "Like"
button on the Facebook page of his supervisor's political
rival. This closely-watched case, currently on appeal before
the 4th Circuit, illustrates the tensions between the
expansive view many workers have of their First
Amendment Free Speech rights and the limited view of
those rights held by their supervisors and the courts. It
involves what activity is considered speech, what levels of
protection "speech acts" are afforded and whether those
acts can be the basis of negative employment actions.
O’Hara, Michael: RRR via Brownfields.
Reduce, Reuse, and Recycle (RRR) is a mantra of
sustainability. Redevelopment of brownfields (e.g.,
repurposing the site of closed factory in the city core) does
all three of RRR, but does so with respect to different
inputs (e.g., urban sprawl; city core; factory components).
Njiiri, Valerie: See Seletha Butler
Norwood, John and Lara Kessler: Abandoned in
Arkansas; Mislaid in Michigan.
Have you longed for a paper presenting
memorable cases illustrating the differences between lost,
70
Brownfield redevelopment is inherently business centric
and inherently legally centric endeavor as well as
necessarily interdisciplinary (e.g., STEM) and most
welcoming to alternative methods of dispute resolution.
Accordingly, as a research agenda and as a pedagogical
vehicle, brownfields offer many positive attributes. This
paper will explore that agenda and that pedagogy.
technology costs and has enabled the smallest of players to
gain access to virtually limitless document and other file
storage space. These developments have particular
implications for practicing attorneys who avail themselves
of the "cloud. How secure is attorney-client and other
confidential information? What ethical and professional
rules of responsibility are placed on attorneys in the event
of security or other breaches? This paper will survey
current trends, including an analysis of recent state bar
opinions and applicable case law.
Orozco, David: The Knowledge Police
This
article
examines
the
interagency
coordination efforts of various federal agencies. The United
States government has yet to coordinate the efforts of
various federal agencies that enforce criminal intellectual
property statutes. Recently, the Office of the Intellectual
Property Enforcement Coordinator (IPEC) was created by
statute to achieve these interagency coordination efforts.
This article will critically examine the IPECs activities.
Park, Stephen: Constructing the Ethical Corporation:
The Role of Mandatory Disclosure Regulation in CSR.
This paper examines the role of disclosure in the
fulfillment of corporate social responsibility (CSR) by
multinational corporations (MNCs). MNCs are increasingly
subject to a variety of U.S. laws that require public
disclosure of the social impacts of their cross-border
activities, such as human rights and environmental
sustainability. Prevailing views fail to take into account
how social disclosure can help catalyze changes in
corporate behavior through firm-level discourse. This paper
explores how the process of disclosure may facilitate
practices through which MNCs internally integrate CSR
with other corporate objectives and externally express the
meaning and value of their CSR actions.
Orozco, David: See Gerlinde Berger-Walliser
Orozco, David: See Kevin McGarry
Ostas, Daniel: See Elliot Axelrod
Oswald, Lynda: The Proper Role of Common Law
Doctrine in Multi-Actor Patent Infringement Cases.
This article examines the role of traditional
common law doctrines of agency and tort should play in the
context of multi-actor patent infringement cases, which
encompasses the sub-categories of joint infringement and
divided infringement. The Federal Circuit has articulated
increasingly refined bases of liability for multi-actor
infringement, while losing sight of the relationship of
patent liability norms to the traditional application or tort
and agency law.
Park, Susan: Employee Internet Privacy: Striking a
Proper Balance Between Legitimate Employer Interests
and Employee Privacy.
In the past two years, eleven states have enacted
legislation prohibiting employers from asking employees or
job applicants for online account password information as a
prerequisite to employment. These statutes vary in scope,
ranging from those which apply only to social networking
sites to others which extend to any personal only accounts
or services. They also differ regarding possible exceptions,
such as employee misconduct and enforcement. Congress
and twenty-eight other states are currently considering
similar legislation. This paper analyzes these statutes,
including the significance of the trend and the impact on
employee privacy. It also makes recommendations for
future legislation.
Oswald, Lynda, Robert Thomas, Lucien Dhooge, Jamie
Darin Prenkert, Robert Bird, and Daniel Cahoy:
Symposia, Colloquia, and Workshops: Models for
Increasing Research Fora in the Academy.
Receiving critical feedback on works in progress
is crucial to the development of research. ALSB and
Regional conferences provide such outlets, however,
opportunities to receive more extensive feedback in fora
such as ALSB Invited Scholars, Florida-Georgia, and
Huber Hurst is paramount to the enrichment of research in
our discipline.
This panel provides guidance and
recommendations for offering in-depth research fora such
as the ones mentioned above as well as special-topic
research colloquia. Panelists will identify the benefits of
each type of forum and will help attendees fashion research
colloquia that will be most effective at achieving the
colloquia objectives.
Parry, Richard: See Josephine Nelson
Pate, Kendi: See Brad Carmean
Patel, Anjali: See Gavin Clarkson
Pattison, Patricia: See Elliot Axelrod
Pattison, Patricia, William Chittenden, and Kirsten
Jacobvitz:
Comparative
Risks
in
Mortgage
Foreclosures.
In the past six years millions of homes have been
lost when mortgages have been foreclosed. The mortgage
foreclosure process, based on state law, is complex,
uncertain, and unpredictable. This paper will first report on
the scope of the problem and provide a background on
securitization, fraud and “Robo-Signing,” UCC Articles 3
& 9, judicial v. non-judicial closures, and recent litigation.
Second, it will discuss the consumer perspective, and third,
the banking perspective. It concludes recommending
legislative revisions and alterations to banking procedures.
P
Pagnattaro, Marisa, Robert Bird, Daniel Cahoy, and
Jamie Darin Prenkert: Demystifying the ABLJ and
Establishing a Productive Research Agenda.
This panel will discuss the ABLJ submission and
review process, as well as make suggestions about how to
establish a productive research agenda.
Pardau, Stuart: The Ethical Implications of Cloud
Computing for Lawyers: Cloudy at Best.
The growth and wide adoption of cloud
computing has dramatically reduced information
Pedersen, Natalie: How Do We Define Implicit Bias?
71
The concept of implicit bias has received much
attention from legal scholars in recent years. However, one
single definition of implicit bias does not seem to unite
legal scholars' efforts. This paper will analyze different
scholarly approaches to implicit bias within the law.
Interestingly, many authors who define implicit bias do not
really differentiate it from subtle explicit bias. The failure
to draw this distinction has important implications for how
the law can act on implicit bias. I will conclude with
suggestions for a unifying definition and how such a
definition can help to further the potential for real-world
solutions.
Federal regulators continue to analyze the causal links
between the structural collapse of the financial markets and
the inability of federal and state regulators to regulate
financial markets. What is lacking from the analysis is
recognition that excessive speculative behavior of market
participants is driven by an obsessive need to pursue and
acquire property at any cost.
Potvin, Kyle, Amie Tailor, and Adam Sulkowski:
Regulatory/Political Climate, Education, Income,
Sustainability & Company Headquarter Locations:
What Connection Exists, How to Interpret It & Next
Steps for Business Law Scholarship.
Do the regulatory and political climates of states
affect the number of company headquarters in their
boundaries? Are other factors better explanatory variables,
such as median educational attainment, incomes, or
“greenness” of the state? Are businesses in Democratic vs.
Republican-leaning states more socially responsible,
ethical, or transparent? This exploratory study found a
strong and positive relationship between political climate
and the number of corporations headquartered in that state.
No other tested explanatory variable had a significant
relationship. The authors acknowledge the limitations of
this study, offer several interpretations of this statistical
outcome, and provide several provocative directions for
future research.
Pennington,
Aaron:
Occupational
Fraud:
A
Justification for Inclusion in the Undergraduate
Business Curriculum.
Fraud is a constant in business. Post Sarbanes
Oxley, many undergraduate business programs have
responded by creating courses in fraud education.
However, these courses often carry accounting prefixes.
Fraud is not limited to the accounting function of business;
any function in business may be susceptible to fraud. This
paper will articulate the importance of every business major
gaining an understanding of basic fraud principles. It also
will provide justification for the inclusion of basic fraud
principles into the required business law or legal
environment course.
Perry, Josh: What Can "The Parable of the Sadhu"
Teach Us 30 Years Later?
Originally published in 1983 by the Harvard
Business Review, Bowen McCoy's "Parable of the Sadhu"
has acquired canonical status in many business ethics
syllabi. The harrowing tale of life and death decision
making on the side of a Himalayan mountain has been used
effectively to discuss conflicts of interest, individual versus
group dynamics, and the complexity of corporate cultures.
But in the last thirty years, a number of important insights
from the fields of moral psychology and behavioral ethics
have been published that provide a fresh perspective on and
highlight valuable new applications of McCoy’s classic
tale.
Prenkert, Jamie Darin: See Marisa Pagnattaro
Prenkert, Jamie Darin: See Julie Manning Magid
Prenkert, Jamie Darin: See Lynda Oswald
Prenkert, Jamie Darin: Conflict Minerals and
Polycentric Governance of Business and Human Rights.
The U.N. "Protect, Respect, and Remedy"
Framework has been described as creating a polycentric
governance system. What exactly that means has not been
carefully elucidated. This paper places that description in
the context of a deep and varied literature on polycentric
governance. In particular, the paper uses as a case study an
emerging potential polycentric governance system related
to the sourcing of minerals from conflicted-affected
countries in the African Great Lakes region. The paper
concludes with a recommendation for further study of the
business and human rights sector generally, and conflict
minerals regulation specifically, in accordance with the
polycentric governance literature.
Perry, Sandra: See Tanya Marcum
Petty, Ross: Antitrust and Product Strategy: A
Conceptualization for Managers.
This paper proposes three broad categories of
product strategies and demonstrates how past antitrust
challenges and labels fit within this simplified scheme.
This proposal is based on the concept of consumer
sovereignty and is intended to serve as a guide to antitrust
issues associated with product strategy.
Prentice, Robert: Teaching Behavioral Ethics.
The most exciting and promising current
development in ethics education comes from the field of
behavioral ethics, in part because the most important
question in business ethics is why good people do bad
things. The behavioral ethics literature reveals that
cognitive bias and social and organizational pressures often
cause even well-intentioned people to make unethical
decisions, sometimes consciously but often unconsciously.
This presentation will help teachers of business ethics to
incorporate this material into their courses.
Pfenninger, Timothy: See Susanna Monseau
Pierre-Louis, Lydie Cabrera: See Kevin McGarry
Pierre-Louis, Lydie Cabrera: See Kurt Schulzke
Pierre-Louis, Lydie Cabrera: The Ties That
Bind: Historical Market Crashes as Legal History and
Regulatory Policy.
The current financial crisis resonates with every
American. Few people can claim any understanding of the
causes of the collapse. Why did federal regulators fail to
properly regulate the markets to prevent the collapse?
Prentice, Robert: See Lucien Dhooge
Prescott, Peter: See Hilary Buttrick
Prescott, Peter: Taxing Luck.
72
Like everything else in life, luck-generated
economic success has federal income tax consequences for
the lucky recipient. This Article considers taxation of luck
income from a number of different perspectives. That
analysis leads to a luck income definition and the
conclusion that such income should be taxed at a fixed tax
rate between 80 and 90 percent. After using tax policy
considerations to evaluate the desirability of such an
approach, the Article closes with a preliminary
implementation proposal for taxing luck income that is
designed to capture the identified tax policy benefits
without incurring too many of the accompanying costs.
consumer bankruptcy filings and the composition of
consumer filings under Chapter 7 and 13.
Reder, Margo: Emerging Legal Issues in Social Media.
Social
media
(SM)
has
transformed
communications, as we instantly share data, messages,
music, video, and more. Users are driving this
phenomenon by coalescing to create their own sites - in
contrast to the pre-internet era when just a few large
corporate entities were the publishers. This presentation
covers the top legal issues in the past five years, including
SM in education, employment; speech and defamation;
intellectual property; discovery and litigation; as well as
heavily regulated industries including healthcare and
financial services. Recommendations for best practices and
management of compliance and liability issues are featured.
Prum, Darren: See Robert Aalberts
Prum, Darren and Tetsuo Kobayashi: Green Building
Geography Across the United States:
Does
Governmental Incentives or Economic Growth
Stimulate Construction?
As green building activity continues to rise across
the country, some state governments decided to create
incentives that would motivate developers to voluntarily
pursue third party certification for their real estate projects
in order to assist in meeting sustainability and
environmental goals. As such, we consider the spatial
distributions of certified green buildings in relation to
governmental incentives while applying a regression
analysis over time to determine the impact of such a course
of action in relation to economic growth.
Reed, Alex: Abandoning ENDA.
LGBT persons should oppose the Employment
Non-Discrimination Act (ENDA) because it threatens to
disrupt a burgeoning movement within the EEOC and
among federal courts whereby LGBT-based employment
discrimination is perceived as prohibited sex discrimination
under Title VII. Assuming this trend is allowed to
continue, LGBT persons will gain access to many
protections that would be unavailable under ENDA,
including a cause of action for disparate impact
discrimination, recourse against religious employers, and
access to affirmative action. This article analyzes the
impact these protections would have on LGBT persons and
concludes that the benefits are sufficiently great to warrant
ENDA’s abandonment.
R
Raymond, Anjanette: See Abbey Stemler
Reed, Lee: See Elliot Axelrod
Raymond, Anjanette: Pliers and Screwdrivers as
Contributory Infringement Devices: Why Your Local
Repair Shop Might Be a Copyright Infringer and What
We Must Do To Stop the Craziness.
Congress is currently considering legislation
relating wider access to key pieces of information to
facilitate widespread support of the digital refurbish and
reuse environment. Legislation such as the Right to Repair,
Unlocking Technology Act, Responsible Electronics
Recycling Act, and the introduction of Congressional
hearings on reforming Copyright law are all seeking to
address key issues in relation to the digital devices and the
push to reuse prior generation technology. This article
seeks to unify several key components of these legislative
texts in an effort to encourage the abandonment of the
throw-away digital culture and instead encourage
widespread digital re-use.
Reger, Andy: See Don Mayer
Rice, Daniel: Discovery in the Internet Age. How the
courts are dealing with requests for social media
evidence.
Those of us who teach on a college campus have
noticed that more conversations appear to be conducted
online than in person. I frequently notice groups of
students’ texting other individuals while they ignore the
people around them. The courts have also been drawn into
the internet age as the parties routinely request access to
social media accounts during discovery. As a result, some
of the statements that our students (and ourselves) are
sending out could be subject to discovery.
Roach, Bonnie: The Discoverability of Social Media.
Social Media such as Facebook and Twitter has
exploded onto the scene. However, many do not realize
that even though social media appears to be private, an
organization may demand discovery of social media to
resolve various legal issues in employment such as false
Worker Compensation claims; sexual harassment claims
and other employment related issues. This paper reviews
the current legal stance as to when social media is
discoverable and how it may be used as evidence for
various employment issues.
Razook, Nim: See Elliot Axelrod
Read, David and Rob Landry: Religiosity and
Consumer Bankruptcy: A State-Level Analysis.
Congress passed the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005 (Reform
Act) to modify the Bankruptcy Code to curb the alarming
increase of consumer-bankruptcy filings. The rate of
consumer-bankruptcy filings after passage of the Reform
Act has remained high. While researchers have explored
possible causes of this high rate of filings, the authors
explore herein a relatively overlooked factor in the
scholarly literature that may impact state-level consumer
bankruptcy filing rates: religiosity. The central objective of
the study is to explore whether religiosity impacts total-
Roberson, Jessie: A Question of Competitive Balance.
The paper will examine the issues involved when
interscholastic athletic associations have tried to resolve the
perceived inequities that can flow from allowing private
and parochial schools to compete against public schools.
73
licensing and employment, including hiring, if that
applicant for licensure or employment, or licensed or
employed person, has filed for bankruptcy. Subsection (b)
applies to the private employment sector. It does not extend
such protection to applicants, but it does protect currently
employed persons. Under both subsections, factors other
than bankruptcy may be considered in the employment
context. This paper briefly examines the judicial history of
subsection (b) and examines the practical and ethical
considerations.
S
Salimbene, Franklyn: Protecting Universities and
Faculty in Experiential Education from Suits by
Students: Practical Tips in Designing Releases of
Liability.
The growth in the number of off-campus
experiential learning programs, such as, service-learning
and active field study have increased the potential for
student injuries and consequently the potential for suits
against the sponsoring university and its agents. To protect
themselves from suits by their students many universities
and faculty leaders rely on releases of liability. While there
is some disagreement as to the efficacy of such releases, a
well-designed release can be helpful. This presentation
provides several practical suggestions for designing a
release that addresses both substantive and procedural
issues.
Schipani, Cindy: See Virginia Maurer
Schneyer, Kenneth: Exceptionalism.
Professor Schneyer is a published author of
science fiction and fantasy, including several stories that
involve law, lawyers, or the political process. He will read
a 1,600-word science fiction story in the form of a judicial
opinion, inspired by a particular line of philosophical
inquiry. Audience members may wish to consider the
usefulness of science fiction as a pedagogical tool.
Samples, Tim: NML vs. Argentina and the Future of
Sovereign Debt Enforcement.
This paper explores legal issues related to recent
rulings made in the NML vs. Argentina case, which could
have major implications for the enforcement of sovereign
debt.
Schuett, Neal: See Daniel Haughey
Schulzke, Kurt and Lydie Cabrera Pierre-Louis: Can
Financial Statement Fair Presentation and Federal
Securities Disclosure Law be Reconciled Through a
Bayesian Regulatory Rubric?
Federal securities disclosure laws, accounting
standards, and auditing standards have been in conflict for
decades over how the overall fairness or accuracy of
financial statements should be evaluated. The
inconsistencies, both within and among them, create
unnecessary risks for preparers, auditors and users of
financial statements. We propose to mitigate these risks by
reconciling and redefining professional accounting and
auditing standards and federal securities law, consolidating
them around a harmonized fair presentation rubric focused
on the Bayesian predictive usefulness of the financial
statements.
Sanney, Kenneth: The Digital Millennium Copyright
Act, Interoperability, and the Violation of Your
Constitutional Rights: How a Constitutional Challenge
to Copyright’s Anti-Circumvention Provisions Could
Save the Fifth Amendment.
The United States Supreme Court has interpreted
the Takings Clause of the Fifth Amendment to provide
substantially less protections for personal property than for
real property. These rulings have created a constitutional
misalignment of public policy and law. This research
demonstrates how a Takings-Clause challenge to the anticircumvention provisions of the Digital Millennium
Copyright Act (DMCA) would present the judiciary with a
set of facts that are extremely well suited to allow the
judiciary to realign the Fifth Amendment’s public policy
goals with the law as interpreted and enforced in the United
States.
Schumaker, Gunther: See Wade Chumney
Schein, David: Discipline of Faculty for Classroom
Political Activity.
Discussion of recent Broward County
Community College case of teacher who was discharged
for endorsing President Obama in her classroom during the
recent election. Discussion points include: Contrasting
university vs. community college rules for faculty; tenure
vs. non-tenured faculty protection for political speech;
private vs. public school rules on political activity in and
outside the classroom; and appropriate responses of
administration and faculty.
Scott, Inara: Teaching an Old Dog New Tricks:
Adapting Public Utility Commissions to Meet TwentyFirst Century Energy Challenges.
Public utility commissions serve as gatekeepers
for investment in the electric utility system. This
paper analyzes the authority and purpose of commissions,
and finds that their jurisdiction has been narrowly defined
to focus almost exclusively on short-term rate impacts to
current utility customers. As a result, efforts to modernize
or transform the utility system will not come from
commissions, and in fact may be blocked by the same.
Accordingly, the article recommends the adoption of longterm planning processes that meld economic and
environmental goals, yet remain squarely within the
jurisdiction and historical purpose of the regulatory
commission.
Schein, David: Evaluation of the Proposal to Amend the
Bankruptcy Code to Prohibit Private Employers from
Refusing to Hire Applicants on the Basis of Bankruptcy
Filing.
A unique statutory situation exists with regard to
Section 525 of the US Bankruptcy Code. Subsection (a)
applies to governmental units. It prohibits discrimination in
Seeman, Elaine, James Holloway, and James Kleckley:
Management Information Systems, Regulation and
Public Policy: Moving State and Local Next Generation
(NG) 911 Policy-Making and Management Closer to
Business Functions.
Much information is collected and analyzed by
management information systems (MIS) to support
Sargen, Mitchell: See Mark DeAngelis
Sawyers, Roby: See David Baumer
74
business decision-making. In fact, MIS is fast becoming
the linchpin of state Next Generation (NG) 911 emergency
call systems. Database management and other areas of
MIS must be given greater consideration when federal and
state policy-makers consider communications and other
policy and legislation to manage state NG911 systems and
operate local 911 emergency call centers. The business
purposes of MIS support the use of information and
analysis to conduct state NG911 policy-making and
management.
current student exposes the professor to potential claims for
legal malpractice and creates obligations that may conflict
with the duties owed by the professor to the academic
institution.
Silverstein, David: Obviousness-type Double Patenting A Surprising Impediment to Collaborative Research
and Development.
When U.S. patent terms were 17 years from a
patent's issue date, "obviousness-type double patenting"
prevented a related but later-issued/later-expiring patent
from extending beyond that term. In 1995 the patent term
was set at 20 years from the earliest patent application
filing date. Because rules regarding "obviousness-type
double patenting" have not been updated, however,
situations arise where a later-filed application by one of
several collaborators directed to that organization's own
contribution faces an obviousness-type double patenting
rejection based on an earlier collaborative patent, even
though there is no extension of the patent term. This paper
describes a pending case.
Sepinwall, Amy: Monsters, Incorporated: Why
Corporations Aren’t Persons and Why We Shouldn’t
Care Anyway.
This paper seeks to advance the debate about
corporate moral personhood by focusing on an aspect of
personhood often overlooked – viz., a capacity for moral
emotion – and arguing that because the corporation almost
surely lacks this capacity, we have good reason to deny that
corporations are persons. But the paper also seeks to
advance the debate in a more profound way, by arguing
that corporate personhood is neither necessary nor
sufficient for the issues that matter most to us -- e.g.,
whether we should accord corporations’ constitutional
rights, or hold them criminally liable for wrongdoing.
Skinner, Deborah: See Hilary Buttrick
Slabaugh, Alex: See Leigh Anenson
Shackelford, Scott: Governing the Final Frontier: A
Polycentric
Approach
to
Managing
Space
Weaponization and Debris.
This article examines the growth and
effectiveness of polycentric networks to manage the
pressing collective action problems of space weaponization
and debris, arguing for the application of sustainable
development policies to better manage the space commons.
Snell, Taylor: See Eric Yordy
Sompayrac, Joanie: See Linda Christiansen
Sprague, Robert: You Ain't No Friend of Mine: A
Review and Analysis of Legislation Prohibiting
Employers From Demanding Access to Employees' and
Job Applicants' Social Media Accounts.
This paper examines the recent legislative
phenomenon prohibiting employers from requesting or
requiring username and password information from job
applicants and employees for their online social media
accounts. This legislation is analyzed from a variety of
perspectives. First, the various legislation, enacted and
proposed, is summarized and analyzed. Next, this paper
raises the issue of whether this legislation is even needed,
from both practical and legal perspectives. This paper then
examines the potential impact of this legislation on
employees, job applicants, and employers. This paper's
ultimate conclusion is that this legislation raised more
questions than it answers.
Shannon, John: See Richard Hunter
Shaw, Bill: Bonsignore and the Postmodernists.
An analysis of the late legal studies professor
John Bonsignore, and his development of legal studies
pedagogy in the context of postmodernism.
Shears, Peter: Fairness for Farmers.
For many years the UK had heard the wailing of
farmers about the practices of supermarket chains. In 2008
the Competition Commission found that they had a point.
In 2010 a Groceries Supply Code of Practice was
established. Where there is a Code there is an Adjudicator.
In 2013 the Adjudicator was given statutory authority to
arbitrate disputes, investigate confidential complaints from
direct and indirect suppliers, hold to account retailers who
break the rules by 'naming and shaming' or, if necessary,
imposing a fine. This paper will look at this new rural view
and consider the implications for consumers.
Sprotzer, Ira and Joshua Winneker: Sports Gambling:
New Jersey and Beyond.
This paper focuses on the current legal battle
between the State of New Jersey, the federal government
and the four major professional sports leagues.
Approximately one year ago, Governor Christie signed into
state law a bill that would permit the state's racetracks and
Atlantic City casinos to offer betting on sports similar to
that in Nevada. At present, only Nevada can offer
widespread sports betting under a 1992 federal law called
the Professional and Amateur Sports Protection Act. This
paper focuses on the legal issues in the New Jersey law suit
and the ramifications of the ultimate decision.
Sheridan, Patricia: Advising Students or Practicing
Law: The Formation of Implied Attorney-Client
Relationships with Students.
The law professor serves as an academic advisor
to students in addition to handling regular classroom
teaching responsibilities. A law teacher may also be
consulted by students seeking professional legal advice to
resolve their personal legal problems. A lawyer who
conveys more than generalized legal information to a
student must carefully consider the implications of
providing legal advice. The formation of an implied
attorney-client relationship between a law professor and a
Spurling, Mark: See Mark DeAngelis
Staff, Marcia: The CISG at 25: Is Use by United States
Firms on the Wane?
75
Since becoming the law of the United States in
1988, the U.N. Convention on Contracts for the
International Sale of Goods (CISG) is the default law
governing most international sales contracts entered into by
U.S. firms. After being the default contract law for 25
years, one would expect the number of cases involving
contacts with U.S. firms to increase in both number and
quality of legal analysis. This paper will examine cases and
recent survey data regarding the current knowledge and use
of the CISG by practitioners and courts in the United
States.
deliberations in upcoming international conferences and
national policymaking. Food safety concerns are
heightened in the area of Genetically Modified Organisms
(GMOs), where scientific uncertainty compounds the issues
in determining and evaluating the risks of harm to human
health and the environment. This paper explores key
questions for policymakers, proposing a unified multilateral
approach that engages governmental units, international
organizations, and a broad array of stakeholders.
Stein, Norman: See Dana Muir
Sulkowski, Adam: Materiality, Investor Demands,
Dodd-Frank: All Signs Indicate Greater Sustainability
Disclosures Are Required.
A correct understanding of materiality combined
with a review of contemporary investor demands clearly
indicates that publicly traded companies should now be
making greater disclosures of sustainability data. Already
95% of the largest 250 companies in the world engage in
such reporting of their economic, societal, and
environmental impacts. Additionally, other countries and
in the United States, through vehicles such as the DoddFrank Act, greater disclosures are being mandated. This
article updates the most recent guidance on what should be
disclosed and counsels executives and their attorneys and
accountants to work with regulators to codify best practices
in sustainability reporting.
Sulkowski, Adam: See Kyle Potvin
Stemler, Abbey and Anjanette Raymond: Promoting
Investment in Agricultural Production: Increasing
Legal Tools for Small to Medium Farmers.
Since 2000, the demand for agricultural
commodities has increasingly outstripped supply, leading
to high food prices and chronic hunger in low-income
countries. Numerous international organizations have
participated in a vast amount of research, legal text creation
and harmonizing law to change and develop legal
frameworks to promote financing. These efforts would
likely help alleviate food scarcity. This article explores
current existing international and regional legal text to
determine the necessity of reform. The article considers the
text in light of new research and suggests areas of
necessary improvement or gap coverage. The paper
concludes by suggesting areas of further development.
Sullivan, Kevin: See Dex Gruber
Stokes, Alexis: Beyond the Black Letter Law: ReAssessing How We Teach Corporate Governance.
Continuing news of corporate scandal and
malfeasance casts doubt on the efficacy of current
corporate governance pedagogy. This paper explores the
disconnect between corporate governance principles and
practice, and assesses whether current curriculum is
sufficient for twenty-first century expectations of corporate
social responsibility. The paper draws from literature in
law, management, psychology, accounting, finance, and
education as it offers suggestions for moving beyond black
letter law instruction of corporate governance --which
focuses on regulatory standards and the fiduciary duties of
officers and directors -- and toward a pragmatic,
experiential, multi-perspective, and ethically holistic
pedagogical agenda.
Sullivan, Kevin: See Jason Malone
Swink, Dawn: See Elizabeth Cameron
T
Tailor, Amie: See Kyle Potvin
Tholke, Laura: See Daniel Haughey
Thomas, Robert: See Lynda Oswald
Thompson, Dale: Examining European Banking
Supervision with Optimal Federalism.
In the midst of a number of financial crises, the
European Union has decided that it should once again
change how financial regulation is conducted, this time
with the proposal for a "single-supervisory mechanism"
(SSM). Under this proposal, the European Central Bank
would assume the role of the bank supervisor for most of
the banks in the Eurozone. This article uses the Optimal
Federalism framework to examine the efficiency of using a
single banking supervisor in the Eurozone.
Stoltenberg, Clyde: Some Current Issues in the USChina Trade and Investment Relationship.
A number of recent proceedings involving import
regulation of Chinese exports to the US and regulation of
Chinese investment in the US are analyzed to assess current
trends and likely future developments in this important
bilateral relationship. Special consideration is given to the
role of national security issues and the impact of these
proceedings on multiple stakeholders.
Thor, Jennifer Cordon: The Application of the Fair
Debt Collection Practices Act to Condominium
Assessments: A Review of the Current State of the Law
in the United States.
The Fair Debt Collection Practices Act (FDCPA)
only applies to obligations which meet the Act's statutory
definition of debt. This paper reviews various courts'
interpretation of that definition and how it has been applied
in both the condominium and non-condominium context.
The paper concludes that condominium assessments do not
meet the FDCPA's definition of debt and that recent
Stoltman, Jeffrey: See Brad Carmean
Strauss, Debra: Food Security and Safety: SocioEconomic Considerations in Biotechnology Regulation.
This paper arose as an invited chapter for a
book that represents a global collaborative effort to explore
the methodologies of socio-economic considerations as part
of developing regulatory frameworks for agricultural
biotechnology, which will be a component of the
76
decisions by the federal Circuit Courts of Appeals are in
error.
Of Pennsylvania's Statutory And Common Law
Treatment Of Public Land.
Pennsylvania has recently experienced efforts by
local municipalities to privatize public parks and other
public lands. Pennsylvania's Constitution contains an
expansive view of the public trust, and Pennsylvania
statutory law provides a specific judicial process for
privatization. Recent efforts to amend Pennsylvania
statutory law to restrict judicial oversight threaten the
continued viability of the state's Public Trust Doctrine and
Pennsylvania's protection of public parks.
Tracey, Ann Marie: See Shelley McGill
Trotter, R. Clayton: Crowd Funding, Emerging Growth
Companies and Internet Fraud: A Brave New World or
Lawyer's Full Employment?
The JOBS Act passed into law on April 5,
2012, significantly changes the conduct of the sale of
securities in the internet world. The SEC has not met
deadlines in the law imposed by Congress so the future is
not clear. Already significant amounts of capital are being
accumulated for "projects" on the internet through "crowd
funding". This paper will address internet phenomenon of
"crowd funding" from a technical perspective with an
overview of the parameters of the JOBS act and seek to
predict the application of the convergence of the
technology and the law.
Van Alstyne, Marshall: See Gavin Clarkson
W
Wald, Trisha: The Federal Government Crack-down on
Offshore Accounts: What it Means to Taxpayers.
The United States taxes its citizens on worldwide
income, including income from accounts in other
countries. A taxpayer with an offshore account must report
all offshore income on his tax return and file a report of
foreign bank and financial account. Recently, the IRS has
increased its efforts to find taxpayers with offshore
accounts and when they find one, they can proceed civilly,
while the Department of Justice can proceed criminally.
This paper will discuss cases in this area, as well as the
possible consequences thereof, including the denouncing of
U.S. citizenship by U.S. citizens to avoid taxation.
Tuoriniemi, Joel: Tax Issues Arising From Cell Phone
Tower Leases: Can Landowners Overcome The
Substitute For Ordinary Income Doctrine?
Landowners with existing cell tower leases are
frequently approached with offers to sell the lease in
exchange for a lump-sum payment. Oftentimes, such offers
are accompanied with the representation that the sale would
be financially advantageous because the payment qualifies
for preferential capital gains tax treatment as opposed to
being classified as ordinary income. Whether this
representation is with merit is questionable, and this paper
explores whether landowners can structure a sale of a cell
tower lease in a manner that overcomes the substitute for
ordinary income doctrine and, therefore, have the lumpsum payment qualify as a capital gain.
Ward, Burke and Labhras MacGabhann: Recess
Appointments: An Idea Whose Time is Past.
The practice of Presidents filling vacant offices
using their recess appointment powers under Article II of
the Constitution has a long and rich history. Originally,
these powers were intended to secure the smooth
functioning of government at a time when federal
infrastructure was limited, Senate recesses were lengthy
and technological limitations made travel to and from
Washington difficult. None of these is consistent with
today's reality. In this paper, we examine the historical
background of the recess appointment power, analyze some
of its more salient dimensions, discuss recent case law, and
advance a proposal intended to restore constitutional
balance.
Twomey, David: Licensed Practical Nurses: Protected
“Employees” or Statutory “Supervisors” Under the
NLRA? The Impact of the Eleventh Circuits Lakeland
Health Care Decision.
In the Lakeland Health Care decision an Eleventh
Circuit majority vacated the NLRB’s decision that LPNs
working at a Florida nursing home were protected
employees covered by the National Labor Relations Act.
This decision is perceived to have a major negative impact
on the collective bargaining rights of these individuals and
to LPNs throughout the Eleventh Circuit, consisting of
Florida, Georgia and Alabama. The paper evaluates the
majority’s decision and presents options that could possibly
provide LPNs the protections of the NLRA.
Wasieleski, David: See Wade Chumney
Waters, Winston: The Affirmative Action Debate:
Diversity or Discrimination?
The United States Supreme Court announced on
February 21, 2012, that it would hear the matter of Fisher v.
University of Texas. The case will be argued during the
October 2012 term. In this article, a review is made of the
arguments presented in the Fisher case. Specifically, this
article explores the arguments presented against the use of
“diversity” as a means of affirmative action. Conversely, an
examination is made of the controlling rule of law
presented in the Grutter decision which defends the
application of “diversity” as a lawful means of affirmative
action.
U
Usry, Mark and Monica Favia: Teaching Ethics:
Imbedded, Stand Alone and What Help from GenEd?
Teaching Ethics has for many legal studies
educators become expected as part of the core course legal
environment course many teach or as a standalone course.
The issue of effectiveness as an imbedded part of each or
most business classes, stand alone courses on the subject
and potential help from GenEd are all considered in this
paper. Perhaps more questions than answers.
Webber, Sarah: See Karie Davis-Nozemack
V
Wells, Mary Ellen and Samuel Bradley: Integrating
Service Learning into the Business Curriculum in
Federal Taxation and Marketing.
Valenza, Michael: Does the Privatization of Public
Lands Implicate the Public Trust Doctrine: An Analysis
77
This paper reviews the literature in the field of
service learning and examines the integration of service
learning in a federal taxation class and a marketing class in
a business major. The similarities and differences of the
service learning outcomes in the two courses are compared
with respect to mastery of course content, business ethics,
social responsibility and civic engagement. In conclusion,
recommendations are set forth for the further development
of the use and assessment of service learning in these
business courses.
thinking, while scoring rubrics, a scaled set of weighted
criteria that define a range of acceptable and unacceptable
performance, enable instructors to evaluate student papers
more accurately and consistently. After discussing both,
we share sample scoring and instructional rubrics
developed for law-related writing assignments.
Williams, Melanie: Faulty Cribs and Tainted Lipstick:
Can Consumers Get Benefit-of-the-Bargain Recoveries
in Products Liability Cases?
Can consumers obtain a benefit-of-the bargain
remedy for defective products that do not cause physical
injury or out-of-pocket loss? In cases as diverse as faulty
cribs, mislabeled orange juice, defective automobile brakes
and tainted lipstick, courts have been split. Using economic
models, loss can be demonstrated in the diminishment of
value a consumer would place on a product that does not
meet its manufacturer’s representations. Do such cases fail
to demonstrate harm that is concrete and palpable, or do
sophisticated research methodologies reveal the loss
manifested when a product fails to meet reasonable
consumer expectations?
Weston, Harold: See Susan Willey
Wiener, Robert: Foreign Jurisdictional Algebra and
Kiobel vs. Royal Dutch Petroleum: Foreign Cubed and
Foreign Squared Cases.
In its recent term, the United States Supreme
Court decided 5-4 in Kiobel v. Royal Dutch Petroleum that
U.S. federal courts cannot hear and decide foreign cubed
cases in which “a foreign plaintiff is suing a foreign
defendant for acts committed on foreign soil.” (emphasis
added) Justice Kennedy, in his concurring opinion, seems
to leave the jurisdictional door open for foreign squared
cases in which two of the three foreign factors exist. This
paper analyzes the case’s four opinions and considers
possible foreign squared scenarios.
Winneker, Joshua: See Ira Sprotzer
Woodyard, William: See Chad Marzen
Y
Wiggins, William: Institutional Review Boards in
Business Schools: A Role for LEB and Business Law
Faculty.
Most major colleges and universities in the
United States have an Institutional Review Board (IRB).
These boards review proposed research involving human
subjects. Other names used to describe IRBs include
university ethical review boards and independent ethics
committees. While the size and scope of IRBs may vary
from one university to the next, the central role of
reviewing, approving, and monitoring research remains
constant. This paper examines the role of IRBs in business
schools and suggests ways for LEB and Business Law
faculty to contribute to the review process.
Yordy, Eric: See Mark DeAngelis
Yordy, Eric and Taylor Snell: The Big Red Mess: The
Cardinals Concessions Contract.
The University of Phoenix stadium, home to the
Arizona Cardinals is one of the 10 most impressive sports
facilities in the world. In recent years, the concessions
contract for the stadium expired and management was
faced with an ethical dilemma as large as the stadium
itself: what company should have the multimillion dollar
concessions contract? The options: go with an open
bidding process, hire a subsidiary company of the
management company or hire Rojo Hospitality, a company
owned by the largest client of the stadium - the Cardinals.
This case study looks at the decisions made and the ethical
implications.
Willey, Susan and Harold Weston: Adding Risk
Analysis to Legal Courses: More than Liability, It's a
Separate Dimension.
Lawyers typically think of risk as liability to be
avoided, shifted or disclaimed, or at least insured.
Corporate counsel may look beyond, at compliance,
benchmarking and standards of care. But risk is more than
the legal view of risk. It is exposure to a potential loss or
gain, which might be worth taking if within the firm's
tolerance and strategy. As corporate counsel expand their
understanding of risk, business law classes should address
this broader dimension of risk by expanding beyond
liability to strategy and operations, and how risk
management as a discipline can anticipate and manage
risks.
Z
Zaring, David: Soft Law as Foreign Relations Law.
International law-making increasingly relies on
“soft law” and, in particular, on transnational regulatory
cooperation in the absence of legally binding international
commitments. But soft law has little if any place in foreign
relations law. Instead, soft law is understood as a
competitor to foreign relations law, one that is implemented
through ordinary administrative law. This Article argues
that concepts from foreign relations law can be used to give
soft law a firmer footing within U.S. law. This will help
further the domestic implementation of informal
international agreements in issues as different as
international financial regulation and climate change.
Willey, Susan and Nancy Mansfield: Instructional
Rubrics: A Tool for Improving Student Writing.
Despite nearly 40 years of "writing across the
curriculum" initiatives, we still question what writing
assignments - and feedback - can develop business
students' writing skills. In this paper, we argue that taskspecific rubrics can enhance student writing. Instructional
rubrics provided to students can improve student attainment
of learning outcomes related to writing and critical
78
Participant Index by Last Name
A
D
Aalberts, Robert ........................................... 40, 53, 67, 73
Abril, Patricia..................................................... 37, 38, 53
Albert, Miriam ............................................................... 41
Alexander, Mystica .................................................. 37, 53
Allison, John .................................................................. 40
Anenson, Leigh ................................. 50, 51, 53, 60, 67, 75
Avdeev, Valeriya ............................................... 49, 53, 58
Avery, Sherry..................................................... 37, 53, 58
Axelrod, Elliot ............................ 48, 53, 54, 62, 65, 71, 73
Darrow, Jonathan ..................................................... 42, 58
Davis, Laura ....................................................... 38, 58, 61
Davis, Richard ................................................................ 48
Davis-Nozemack, Karie ......................... 37, 44, 51, 58, 77
De Almeida, Dennis ........................................... 44, 58, 63
DeAngelis, Mark ........................ 39, 49, 53, 58, 74, 75, 78
de los Reyes, Gaston ................................................ 42, 58
Denbo, Susan ........................................................... 42, 58
Denoncourt, Janice ................................................... 47, 59
Dhooge, Lucien .............. 43, 46, 49, 51, 54, 56, 59, 71, 72
Diener, Keith ...................................................... 40, 49, 59
DiMatteo, Larry............................................ 36, 44, 49, 59
Dinovitzer, Ronit ............................................................ 39
Draba, Robert ..................................................... 41, 59, 63
Duff, Schan .............................................................. 51, 59
Dworkin, Terry ................................................... 37, 60, 68
B
Bagby, John ...................................... 37, 38, 40, 44, 47, 53
Bagley, Connie .............................................................. 44
Barber, Afton ..................................................... 37, 54, 58
Bast, Carol ................................................... 37, 48, 53, 54
Baumer, David .................................. 37, 40, 42, 54, 57, 74
Becker, Paul ....................................................... 50, 54, 68
Bender, Mark ................................................................. 41
Bennett, Robert .................................................. 37, 50, 54
Benson, Christina ............................................... 49, 50, 54
Benson, Sandra ........................................................ 39, 54
Berger-Walliser, G. ......... 36, 43, 46, 54, 55, 57, 62, 68, 71
Bird, Robert ........ 36, 40, 42, 43, 44, 46, 51, 54, 59, 65, 71
Bishara, Norm ................................... 39, 42, 43, 54, 55, 63
Blades, Kelsey ................................................... 42, 55, 56
Blanke, Jody ............................................................ 50, 55
Blount, Justin ..........................................37, 38, 44, 55, 70
Boedecker, Karl ................................................. 40, 55, 56
Boles, Jeffrey ........................................................... 44, 55
Bonadies, Gregory ................................................... 50, 55
Boozer, Ben ....................................................... 45, 55, 66
Bradley, Samuel................................................. 50, 55, 77
Brodtkorb, Tor ......................................................... 52, 55
Brown, Carroll ......................................................... 42, 55
Brown, Elizabeth ............................................... 37, 45, 55
Brown, Liz ..................................................................... 36
Burke, Debra ............................................................ 42, 55
Butler, Seletha ............................................. 38, 56, 66, 70
Buttrick, Hilary ............................................... 46, 56, 72, 75
E
Earle, Beverley ................................................... 44, 57, 60
Eilers-Lahey, Karen ........................................... 50, 53, 60
Elzweig, Brian .......................................................... 37, 57
Emerson, Robert ................................................. 39, 44, 60
F
Farag, Denise ........................................................... 51, 60
Farmer, Kevin .................................................... 49, 50, 60
Favia, Monica..................................................... 52, 60, 77
Forsythe, Lynn ................................................... 45, 60, 64
G
Gantt, Karen ....................................................... 37, 38, 60
Generas, George ....................................................... 44, 60
Gershuny, Pam ......................................................... 51, 60
Geyfman, Victoria .............................................. 38, 58, 61
Ghahramani, Salar .............................................. 49, 51, 61
Gilley, Ann ......................................................... 37, 58, 61
Gilley, Jerry ........................................................ 37, 58, 61
Ginger, Laura ................................................................. 46
Ginsberg, Kenneth.......................................................... 47
Gold, Gary ................................................................ 46, 61
Goldberg, Ilene ......................................................... 46, 61
Golden, Nina ...................................................... 37, 39, 61
Goldsmith, Kenneth ....................................................... 48
Gordon, Jason........................................................... 45, 61
Graham, Stuart ............................................. 37, 38, 61, 63
Greene, Stephanie .................................................... 37, 61
Greene, Tucker ......................................................... 50, 62
Greenhaw, William .................................................. 51, 62
Grow, Nathaniel ....................................................... 49, 62
Gruber, Dex .................................................. 47, 62, 69, 76
Gunz, Hugh .................................................................... 39
Gunz, Sally ................................. 39, 41, 43, 48, 53, 54, 62
Guy, Donald ....................................................... 50, 62, 63
C
Cahoy, Daniel ....................... 36, 38, 40, 46, 51, 56, 59, 71
Cain, Rita ................................................................. 45, 56
Callahan, Elet........................................................... 39, 56
Cameron, Elizabeth........................... 38, 42, 55, 56, 69, 76
Carmean, Brad ............................ 40, 55, 56, 64, 69, 71, 76
Carr, Nancy .............................................................. 39, 56
Carrafiello, Vincent ................................................. 44, 52
Cava, Anita ........................................................ 44, 57, 60
Cavenagh, Thomas .................................................. 50, 57
Chambers, Valrie ..................................................... 37, 57
Chittenden, William ........................................... 47, 57, 71
Christiansen, Linda ............................................ 51, 57, 75
Chumney, Wade ......................... 37, 39, 43, 54, 57, 74, 77
Ciocchetti, Corey ......................................... 46, 48, 50, 57
Clarkson, Gavin ........................................... 49, 57, 71, 77
Cooper, Marsha.................................................. 46, 57, 66
Cowart, Tammy ................................ 37, 40, 53, 54, 58, 61
H
Hale, Janet ...................................................................... 46
79
Hanson, Randall....................................................... 46, 62
Haughey, Daniel .....................................44, 62, 63, 74, 76
Hawkins, Ilse ........................................................... 37, 62
Hayward, John ......................................................... 37, 62
Hegde, Deepak................................................... 38, 61, 62
Herickhoff, Penny .................................................... 42, 63
Herron, Daniel ................................................... 44, 62, 63
Hess, David ........................................................ 42, 55, 63
Hewes, Alexander .............................................. 41, 59, 63
Highsmith, James ........................................................... 52
Hiller, Janine ............................................................ 37, 63
Holcomb, John ......................................................... 37, 63
Holloway, James .....................................45, 50, 62, 63, 74
Hotchkiss, Carolyn ........................................................ 48
Hudson, Monika ...................................................... 38, 63
Hunter, Keith ........................................................... 38, 63
Hunter, Richard................................. 44, 45, 58, 63, 68, 75
Lovett, Willie ..................................................... 38, 56, 66
Lowe, Keith .............................................................. 45, 66
Lowenstein, Henry ......................................................... 46
Lucas, Laurie ............................................................ 51, 66
Luoma, Milton.......................................................... 38, 66
Luoma, Vicki ........................................................... 38, 66
M
MacGabhann, Labhras ....................................... 37, 66, 77
Magaldi, Jessica ................................................. 41, 65, 67
Mallor, Jane .................................................................... 47
Malone, Jason..................................................... 50, 67, 76
Manning Magid, Julie .................................. 41, 48, 67, 72
Mansfield, Nancy ............................................... 45, 67, 78
Marcum, Tanya .................................................. 45, 67, 72
Mark, Gideon ..................................................... 51, 53, 67
Marsnik, Susan ....................................... 40, 42, 50, 51, 67
Martin, Susan ........................................................... 44, 67
Marzen, Chad ......................................... 40, 46, 53, 67, 78
Matejkovic, John ................................................ 41, 52, 68
Matejkovic, Margaret ......................................... 41, 52, 68
Maurer, Virginia ..................................... 37, 60, 68, 69, 74
Mawer, Will ................................................. 45, 50, 54, 68
Mayer, Don ................................ 42, 43, 48, 54, 68, 70, 73
McArdle, John .............................................. 37, 39, 47, 68
McCarthy, Laurence ........................................... 45, 63, 68
McCrory, Carlin ............................................................. 51
McEvoy, Sharlene .................................................... 41, 68
McGarry, Kevin ..................................... 38, 45, 68, 71, 72
McGill, Shelley ............................................ 45, 48, 69, 77
McNeil, Bruce .................................................... 42, 64, 69
Miller, Carol ............................................................. 41, 69
Miller, John ........................................................ 40, 56, 69
Miller, Sandra........................................................... 47, 69
Missirian, David ....................................................... 51, 69
Molesky, Mason ................................................. 42, 56, 69
Monseau, Susanna ........................................ 48, 66, 69, 72
Morgan, Fred ...................................................... 40, 56, 69
Morris, Karen ..................................................... 46, 64, 69
Mote, Jonathan ................................................... 47, 62, 69
Mowrey, Megan ....................................................... 52, 69
Muir, Dana ......................................................... 42, 69, 76
Murphy, Tonia................................................................ 42
Murray, Paula ................................................................. 41
I
Isaacs, Daniel ..................................................... 37, 46, 63
J
Jacobvitz, Kirsten .............................................. 47, 64, 71
Jebe, Ruth .......................................................... 49, 52, 64
Jennings, Marianne ............................................ 46, 64, 69
Jones, Ida ..................................................... 45, 51, 60, 64
Jones, William ................................................... 40, 56, 64
K
Kaminer, Debbie ...................................................... 41, 64
Karns, Jack......................................................... 42, 64, 69
Katz, Michael................................................................. 51
Kemp, Deborah ........................................................ 45, 64
Kessler, Lara ...................................................... 50, 65, 70
King, Nancy ............................................................. 47, 64
Kingery, Amber ....................................................... 46, 65
Kirschner, Cheryl ..................................................... 50, 65
Kisska-Schulze, Kathryn ......................................... 44, 65
Klaw, Bruce ............................................................. 38, 65
Kleckley, James ................................................. 45, 65, 74
Knopf, John ....................................................... 42, 54, 65
Kobayashi, Tetsuo ............................................. 41, 65, 73
Koretz, Lora ............................................................. 46, 65
Koval, Mike ................................................................... 39
Kracher, Beverly ............................................................ 49
Kraus, Richard ................................................... 41, 65, 67
Kulow, Marianne ..................................................... 48, 65
Kunkel, Richard ................................................. 38, 44, 65
N
Nakajima, Chizu ................................................. 37, 68, 69
Nasuti, J.L. Yranski .................................................. 46, 70
Nelson, Josephine ......................................... 42, 49, 70, 71
Nichols, Philip .................................................... 45, 50, 70
Njiiri, Valerie ..................................................... 38, 56, 70
Norwood, John ................................................... 50, 65, 70
Nunley, Patricia ............................................ 38, 44, 55, 70
L
Labatt, Joe................................................................ 48, 65
Lacayo, Vivian............................................................... 51
Lacey, Kathleen ................................ 46, 48, 53, 57, 65, 66
Landry, Rob ................................................. 45, 55, 66, 73
Lasher, Nancy .................................................... 48, 66, 69
Lee, Konrad ................................................................... 38
Lee, Stacey............................................................... 45, 66
Levy, Alan ............................................................... 46, 66
Lewis, Darryll .......................................................... 48, 66
Little, Andrew .......................................................... 42, 66
Loafman, Lucas ....................................................... 42, 66
O
O’Brien, Christine .................................................... 42, 70
O’Brien, Kevin ................................................... 48, 68, 70
O’Callaghan, Jerome ................................................ 38, 70
O’Callaghan, Paula................................................... 38, 70
O’Hara, Michael ....................................................... 41, 70
Orozco, David ............................ 38, 40, 43, 49, 54, 68, 71
Ostas, Daniel ...................................................... 48, 53, 71
Oswald, Lynda ..........36, 40, 43, 46, 54, 56, 59, 71, 72, 76
80
Sprague, Robert ........................................................ 42, 75
Sprotzer, Ira .................................................. 44, 45, 75, 78
Spurling, Mark ......................................................... 49, 75
Staff, Marcia............................................................. 50, 75
Stein, Norman .................................................... 42, 69, 76
Stemler, Abbey ............................................. 49, 50, 73, 76
Stokes, Alexis........................................................... 41, 76
Stoltenberg, Clyde .................................................... 49, 76
Stoltman, Jeffrey ................................................ 40, 56, 76
Strauss, Debra .......................................................... 38, 76
Sulkowski, Adam ......................................... 37, 39, 72, 76
Sullivan, Kevin....................................... 47, 50, 62, 67, 76
Swink, Dawn ...................................................... 42, 56, 76
P
Pagnattaro, Marisa Anne................... 36, 40, 54, 56, 71, 72
Pardau, Stuart..................................................... 39, 45, 71
Park, Stephen ..................................................... 36, 44, 71
Park, Susan .............................................................. 41, 71
Parry, Richard .................................................... 42, 70, 71
Pate, Kendi......................................................... 40, 56, 71
Patel, Anjali ....................................................... 49, 57, 71
Pattison, Patricia ............................... 47, 48, 53, 57, 64, 71
Pedersen, Natalie ..................................................... 52, 71
Pennington, Aaron ............................................. 45, 48, 72
Perry, Josh ............................................................... 52, 72
Perry, Sandra ..................................................... 45, 67, 72
Persons, Bonnie ............................................................. 42
Petty, Ross ............................................................... 51, 72
Pfenninger, Timothy .......................................... 48, 69, 72
Pierre-Louis, Lydie Cabrera.............. 38, 48, 51, 68, 72, 74
Potvin, Kyle ....................................................... 37, 72, 76
Prenkert, Jamie Darin ................. 36, 41, 42, 46, 67, 71, 72
Prentice, Robert ................................ 36, 39, 40, 51, 59, 72
Prescott, Peter .............................................. 44, 46, 56, 72
Prum, Darren .................................... 40, 41, 51, 53, 65, 73
T
Tailor, Amie ....................................................... 37, 72, 76
Thomas, Robert .................................................. 46, 71, 76
Tholke, Laura ..................................................... 44, 62, 76
Thompson, Dale ....................................................... 46, 76
Thor, Jennifer Cordon .............................................. 48, 76
Tracey, Ann Marie ............................................. 45, 69, 77
Trotter, R. Clayton ................................................... 41, 77
Tuoriniemi, Joel ................................................. 41, 50, 77
Twomey, David ........................................................ 50, 77
R
U
Raymond, Anjanette .................................... 37, 49, 73, 76
Razook, Nim ...................................................... 48, 53, 73
Read, David ....................................................... 45, 66, 73
Reder, Margo ..................................................... 38, 68, 73
Reed, Alex ............................................................... 48, 73
Reed, Lee ........................................................... 48, 53, 73
Reger, Andy ............................................................. 42, 73
Rice, Daniel ............................................................. 42, 73
Roach, Bonnie ......................................................... 42, 73
Roberson, Jessie....................................................... 45, 73
Usry, Mark ................................................... 50, 52, 60, 77
V
Valenza, Michael...................................................... 41, 77
Van Alstyne, Marshall........................................ 49, 57, 77
W
S
Wald, Trisha ............................................................. 41, 77
Ward, Burke ....................................................... 37, 66, 77
Wasieleski, David .............................................. 39, 57, 77
Waters, Winston ................................................. 41, 50, 77
Webber, Sarah .................................................... 44, 58, 77
Wells, Mary Ellen ........................................ 49, 50, 55, 77
Wesner, Thomas ............................................................. 41
Weston, Harold ........................................................ 45, 78
Wiener, Robert ......................................................... 38, 78
Wiggins, William ..................................................... 52, 78
Willey, Susan ..................................................... 45, 67, 78
Williams, Melanie .............................................. 40, 51, 78
Winneker, Joshua ............................................... 45, 75, 78
Woodyard, William ............................................ 46, 67, 78
Salimbene, Franklyn .......................................... 40, 42, 74
Samples, Tim ........................................................... 46, 74
Sanney, Kenneth ................................................ 36, 45, 74
Sargen, Mitchell....................................................... 49, 74
Sawyer, Roby..................................................... 37, 54, 74
Schein, David..................................................... 43, 45, 74
Schipani, Cindy ................................................. 37, 68, 74
Schneyer, Kenneth ............................................. 45, 50, 74
Schuett, Neal ...................................................... 44, 62, 74
Schulzke, Kurt ................................................... 48, 72, 74
Schumaker, Gunther .......................................... 39, 57, 74
Schwerha, Josepha ................................................... 47, 53
Scott, Inara ......................................................... 36, 43, 74
Seeman, Elaine ............................................ 45, 63, 65, 74
Sepinwall, Amy ....................................................... 39, 75
Shackelford, Scott .................................................... 42, 75
Shannon, John .................................................... 45, 63, 75
Shaw, Bill ................................................................ 47, 75
Shears, Peter ............................................................ 46, 75
Sheridan, Patricia ..................................................... 50, 75
Silverstein, David .................................................... 38, 75
Skinner, Deborah ............................................... 46, 56, 75
Slabaugh, Alex................................................... 50, 53, 75
Snell, Taylor ...................................................... 45, 75, 78
Sompayrac, Joanie ............................................. 51, 57, 75
Y
Yordy, Eric ....................................... 45, 49, 51, 58, 75, 78
Z
Zaring, David ..................................................... 45, 51, 78
Zhang, AnZhi ................................................................. 51
81
82
83
MAP OF MEETING ROOMS

Academy of Legal Studies in Business

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