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Academy of Legal Studies in Business
Academy of Legal Studies in Business 88th Annual Conference Boston, Massachusetts August 6-11, 2013 Hosted By: University of Florida Warrington College of Business Administration 1 2 Academy of Legal Studies in Business 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 3 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 4 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 5 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 [email protected] [email protected] [email protected] 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 [email protected] [email protected] [email protected] JLSE Editor-in-Chief AACSB Int'l Liaison Executive Secretary Rob Landry Jacksonville State University Peter Shedd University of Georgia Daniel Herron Miami University [email protected] [email protected] 3111-Farmer School of Business Department of Finance Oxford, OH 45056 ABLJ Editor-in-Chief Telephone: 800-831-2903 [email protected] Robert Bird University of Connecticut [email protected] 6 7 8 9 10 11 12 13 14 15 16 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 17 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 Lucien Dhooge, University of the Pacific Joan Gabel, Georgia State University 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 Don Mayer, University of Denver Carol Bast, University of Central Florida Linda Samuels, George Mason University Jackson-Lewis LLP Outstanding Employment Law Paper (First awarded in 2011) 2012 2012 Stephanie Greene, Boston College 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 18 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 Lucien Dhooge, University of the Pacific 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 Best Paper: Robert Emerson, University of Florida 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 Best Paper: Robert Emerson, University of Florida 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 Best Paper: Robert Emerson, University of Florida 19 Annual Awards 1992-2011 Continued* Proceedings Papers Awards (First awarded in 1992) 2012 2011 Norman Bishara, University of Michigan Stephanie Greene, Boston College Robert Kearney, Illinois Wesleyan University Shelley McGill, Wilfrid Laurier University Christine O’Brien, Boston College Norman Bishara, University of Michigan 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 Norman Bishara, University of Michigan 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 Debra Burke, Western Carolina University Wade Chumney, Belmont University David L. Baumer, North Carolina State University Roby Sawyers 2007 Debra Burke, Western Carolina University Beverly Earle, Bentley College Robert Landry Christina Madek Gerald Madek, Bentley College Amy Yarborough 2001 Lynda J. Oswald, University of Michigan Dana Muir, University of Michigan Cindy Schipani, University of Michigan 2000 Tim Fort, University of Michigan Cindy Schipani, University of Michigan Susan L. Martin, Hofstra University 1999 Joan Gabel, Georgia State University Michael Bradley, Duke University Cindy Schipani, University of Michigan Anant Sundram, Thunderbird James P. Walsh, University of Michigan Tim Fort, University of Michigan 1998 Daniel T. Ostas, University of Maryland Lynda J. Oswald, University of Michigan James J. Noone, University of Michigan Tim Fort, University of Michigan 1997 Tim Fort, University of Michigan Dana Muir, University of Michigan Edward Schoen, Rowan University Joseph Falchek, King's College 1996 Tim Fort, University of Michigan Dana Muir, University of Michigan Susan L. Martin, Hofstra University Nancy White Huckins, Hofstra University 1995 Lynda J. Oswald, University of Michigan Shannon K. O'Bryne, University of Alberta Dana Muir, University of Michigan 2006 Debra D. Burke, Western Carolina University Lucien J. Dhooge, University of the Pacific Susan L. Martin, Hofstra University 1994 Lynda J. Oswald, University of Michigan Susan D. & Jonathan L. Martin, Hofstra University Bill Shaw, University of Texas 2005 Dana Muir, University of Michigan Cindy Schipani, University of Michigan Paula Schaefer, Central Missouri University Dawn Swink, University of St. Thomas Jordan T.L. Halgas, CSU, Sacramento Lucien Dhooge, University of the Pacific 1993 Ramona Paetzold, Texas A&M University Bill Shaw, University of Texas Art Marinelli, Ohio University Cindy Schipani, University of Michigan 1992 Lynda J. Oswald, University of Michigan John Yeargain, Southeastern Louisiana University John Tanner, Southeastern Louisiana University Susan L. Martin, Hofstra University Linda S. Hamilton Michael P. Roberts Dan Herron, Miami University Sheila Adams Richard Engdahl 2004 Dana Muir, University of Michigan Cindy Schipani, University of Michigan Lucien Dhooge, University of the Pacific Robert Kearney, Illinois Wesleyan University 2003 Robert Kearney, Illinois Wesleyan University Lynda J. Oswald, University of Michigan 2002 Robert Kearney, Illinois Wesleyan University Cindy Schipani, University of Michigan Tim Fort, University of Michigan 20 Annual Awards 1992-2010 Continued* 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 21 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 Annual Awards 1992-2011 Continued* 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 Sally Gunz, University of Waterloo 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 Sally Gunz, University of Waterloo 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 [email protected]. 22 23 24 25 26 27 28 29 30 31 32 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. 33 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 Academic Break-Out Sessions 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 Cindy Schipani, University of Michigan 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: Cyber Law / Internet Law 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 Academic Break-Out Sessions 2:00 PM – 3:20 PM See Sessions F1-F6 Coffee Break 3:20 PM – 3:40 PM Ballroom Foyer Academic Break-Out Sessions 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) Robert Bird, University of Connecticut 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 Daniel Cahoy, Penn State University 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 Cyber Law / Internet Law 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 Cyber Law / Internet Law 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, University of Pennsylvania 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 Employment / Labor Law Forum Moderator: Franklyn Salimbene, Bentley University 1. The Empirical Impact of Covenants Not to Compete on Entrepreneurial Activity by Robert Bird and John Knopf, University of Connecticut 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 Continental Breakfast 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 Academic Break-Out Sessions 9:00 AM – 10:20 AM See Sessions H1-H6 Coffee Break 10:20 AM – 10:40 AM Ballroom Foyer Academic Break-Out Sessions 10:40 AM – 12:00 PM See Sessions I1-I7 12:00 PM – 1:45 PM Ballroom Underwritten through the generosity of Cengage Learning Academic Break-Out Sessions 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) Sally Gunz, University of Waterloo David Orozco, Florida State University Norm Bishara, University of Michigan Don Mayer, University of Denver 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 Lucien Dhooge, Georgia Institute of Technology 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, University of Connecticut 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) Robert Bird, University of Connecticut 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) Lucien Dhooge, Georgia Institute of Technology Robert Bird, University of Connecticut Session J2 Robert Thomas, University of Florida Jamie Prenkert, Indiana University Daniel Cahoy, Penn State 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, University of Connecticut 4. Health Care Reform and the Limits of Federal Authority by Ilene Goldberg, Rider University Session J5 Development Track: Employment / Labor Law 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 Continental Breakfast 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 Academic Break-Out Sessions 10:40 AM – 12:00 PM See Sessions K1-K7 12:00 PM – 2:50 PM St. James Academic Break-Out Sessions 1:30 PM – 2:50 PM See Sessions L1-L7 Coffee Break 2:40 PM – 3:10 PM Ballroom Foyer Academic Break-Out Sessions 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 Sally Gunz, University of Waterloo 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 Employment / Labor Law 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 Employment / Labor Law 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 Bird, University of Connecticut Daniel Cahoy, Penn State University 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 University of Pennsylvania 4. What Can “The Parable of the Sadhu” Teach Us 30 Years Later by Josh Perry, Indiana University Session M7 Development Track: Employment / Labor Law 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
