Academy of Legal Studies in Business
89th Annual Conference
Seattle, Washington
August 3-7, 2014
Photos courtesy of Howard Frisk, Seattle CVB,
and the Chihuly Garden and Glass.
Hosted By:
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Academy of Legal Studies in Business
2014 Annual Conference
Seattle, Washington
Table of Contents
Welcome from the Program Chair ........................................................................... 4
Welcome from the President .................................................................................... 6
Welcome from Dean Alison Davis-Blake, Ross Business School .......................... 7
Welcome from Visit Seattle ..................................................................................... 8
Sponsors ................................................................................................................... 9
ALSB Executive Committee Members ................................................................. 10
Publishers ............................................................................................................... 11
ABLA / ALSB Past Presidents .............................................................................. 20
1995 - 2013 ALSB Annual Award Recipients ...................................................... 21
2014 - 2015 Regional Conferences ........................................................................ 27
Conference Program:
Day-by-Day Schedule.................................................................................. 39
Abstracts ...................................................................................................... 55
Participant Index .......................................................................................... 81
2015 Annual Conference – Philadelphia ............................................................... 84
2016 Annual Conference – San Juan, Puerto Rico ................................................ 86
Map of Hotel Meeting Rooms ................................................................ Back Cover
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Welcome Letter from the Program Chair
Dear Friends and Colleagues,
Welcome to Seattle and the 89th annual meeting of our Academy! Thank you for all your
contributions which are sure to generate stimulating discussions and path-breaking ideas. This
could not happen without you!
Your Academy is continuing its commitment to go green in several ways. We chose Seattle’s
first LEED certified hotel for our venue, which prides itself on farm to table dining and a salt
water pool. Rather than paper programs, we have commissioned a new interactive conference
app, partially underwritten through the generosity of Cengage Publishing, and have also posted
the program (as well as your papers) on our website. If you avail yourselves of the shops in
Seattle, you will find that merchants are banned from providing plastic shopping bags and are
required to charge for paper bags. You may wish to bring your conference bag with you if you
go out to pick up a few groceries or souvenirs. Our conference bag is made of recycled material
and is designed to fold into a small pouch.
We have a full schedule of presentations each day, running until about 5:00 pm, beginning with
the plenary lunch on Monday. For your convenience, we have commissioned projectors and
computers for PowerPoint presentations in our breakout rooms. We have also arranged for
complimentary WIFI access in your guest rooms at the Hyatt at Olive 8.
Among conference highlights, our own Jere Morehead, President of the University of Georgia,
has graciously agreed to speak with us over the plenary lunch. I am looking forward to the
insights he has gleaned after the first year of his presidency. Please join us for the icebreaker
reception on the third floor hotel foyer on Tuesday, at the end of the day. Please also mark your
calendars to attend the annual business meeting first thing Thursday morning. In addition to the
election of officers, we will vote on whether to adopt electronic voting.
I hope you find time to take to discover all Seattle has to offer. We have organized a number of
add-on social activities to get you started. On Monday evening we have the opportunity to take a
narrated boat cruise through the Locks, Lake Union, Puget Sound, and the Lake Washington
Ship Canal. We have arranged for a block of tickets to watch the Seattle Mariners battle the
Atlanta Braves at Safeco Field on Tuesday evening, along with bus transportation. For those
interested in a walking tour with your colleagues, we will meet on Wednesday evening to walk
the streets of Seattle with a guided tour of the “underground.” Please visit alsb.org to sign up for
these events.
In addition, the Convention Bureau has provided maps and brochures suggesting many more
opportunities for exploration. If you are looking for a chance to relax, you may wish to take
advantage of the 20% discount offered by the hotel spa as well as complimentary access to the
pool and fitness room. On our last evening, our social event will include a ride on the Monorail
to the observation deck of the Space Needle and a tour the Chihuly Museum. We will then
conclude our annual meeting with our awards banquet under the stars in the beautiful Chihuly
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Glasshouse. If you had planned to join us for the social event and banquet but find that your
plans have changed, please contact Dan Herron right away so that we may adjust our counts
accordingly.
I would like to take this opportunity to thank the Michigan Ross School of Business, the
Business Law Area at the Ross School, the Kelley School of Business at Indiana University, the
Albers School of Business and Economics at Seattle University, and all our publishers for
generous support of the conference. In addition, I would like to thank and recognize the
continuing support from Cengage, Irwin/McGraw-Hill, West, and EthicsGame and welcome
newcomer, the Wall Street Journal. The Wall Street Journal is providing complimentary
newspapers for the run of the conference.
I would also like to thank our program staff, including our Executive Secretary Dan Herron and
his wife Deb, who along with Georgia Tech’s Trisha Smith and Program Coordinator Shelly
Whitmer run the conference registration desk. Plus, a behind the scenes thanks to Dan’s
administrative assistant Paula Stevens for coordinating our online conference registrations. They
are very much appreciated for their dedication and tireless efforts to assure the success of this
meeting.
I hope that you have a wonderful time exploring this beautiful city and catching up with your
friends and colleagues, all the while taking in new insights and ideas to energize the next
academic year. Once again, welcome!
All the best,
Cindy
Cindy Schipani
2014 Program Chair
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Welcome message from your President
Colleagues,
Welcome to Seattle! It has been nearly 30 years since the ALSB has held its conference in the
Pacific Northwest, and you are in for a treat. Seattle and the Pacific Northwest is one of the most
popular vacation venues in the World as well as the United States. I do hope that you take some
time to explore and enjoy what the area has to offer. The team of Program Chair Cindy Schipani,
Executive Secretary Dan Herron, Program Coordinator Shelly Whitmer, and Chief Accounting
Officer Linda Christiansen have put together an extraordinary program in a superb hotel in this
world-class city at an incredibly low cost to you and the ALSB. Tuesday’s baseball game
between the Braves and Mariners is a great family outing to spend time with family and ALSB
friends. In addition, the annual banquet at the Chihuly Glasshouse preceded by a visit to the
Seattle Space Needle promises to be a truly memorable experience. As usual the academic
program will easily match the extraordinary social events and entertainment options. Do review
this program for the cutting edge research presentations and panels as well as the always popular
Master Teachers Symposium on Tuesday.
Also please make a point of attending the Annual Business Meeting Thursday morning. The
agenda includes both the election of the next Secretary Treasurer and a vote on whether to switch
to electronic voting. Currently, all ALSB business including elections is conducted at the annual
meeting. There are clear benefits to both approaches. Conducting business at the annual meeting
increases the probability that voters are informed about issues under discussion. By contrast,
electronic voting allows all members to participate in shaping the affairs of the ALSB. If you
can, please attend this year’s meeting to have a role in shaping the future of the ALSB.
Have a fantastic conference and productive academic year!
Robert
Robert E. Thomas
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Academy of Legal Studies in Business Welcome
Welcome to Seattle and to the 2014 Annual Meeting of the Academy of Legal Studies in
Business! The Stephen M. Ross School of Business at the University of Michigan is very proud
to support this year’s annual meeting and the activities of ALSB President-Elect Cindy Schipani,
who chaired the Business Law group at the Ross School for many years. The Business Law
group at the Ross School has a long history of involvement with the ALSB. Past Presidents Earl
Wolaver (1933), and Lynda Oswald (2007), who currently chairs the Business Law group at the
Ross School, have come from the ranks of Ross School Business Law faculty.
At the Ross School, our mission is to develop leaders who make a positive difference in the
world. For us, educating our students in ethical thinking, ethical decision making, and legal
frameworks and approaches that undergird ethical decision making, are an important part of
developing leaders who can and will make a positive difference in the world. I expect that many
of you share this commitment to conducting research and providing education in law and ethics
that helps our students become the kind of leaders we can all be proud of.
I wish you the best for an enjoyable and productive conference as you work together to advance
research and teaching on legal issues in business.
Alison Davis-Blake
Edward J. Frey Dean
Stephen M. Ross Professor of Business
Stephen M. Ross School of Business
University of Michigan
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A Special Thank You to Our Sponsors!
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2013 - 2014 ALSB
Executive Committee
President
President-Elect
Vice President
Robert E. Thomas
University of Florida
Cindy A. Schipani
University of Michigan
Daniel R. Cahoy
Penn State University
rethomas@ufl.edu
schipani@umich.edu
dancahoy@psu.edu
Secretary-Treasurer
Past President
Chief Accounting Officer
Philip Nichols
University of Pennsylvania
Carol J. Miller
Missouri State University
Linda Christiansen
Indiana University-Southeast
nicholsp@wharton.upenn.edu
carolmiller@missouristate.edu
lchristi@ius.edu
JLSE Editor-in-Chief
AACSB Int'l Liaison
Executive Secretary
Rob Landry
Jacksonville State University
Peter Shedd
University of Georgia
Daniel Herron
Miami University
rlandry@jsu.edu
pshedd@uga.edu
3111-Farmer School of Business
Department of Finance
Oxford, OH 45056
ABLJ Editor-in-Chief
Telephone: 800-831-2903
herrondj@muohio.edu
Marisa Anne Pagnattaro
University of Georgia
pagnatta@uga.edu
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Past Presidents
American Business Law Association / Academy of Legal Studies in Business
1924-29 - C. Reed, Univ of Pittsburgh
1976 - Charles M. Hewitt, Indiana Univ
1930 - Charles N. Hulvey, Univ of Virginia
1977 - Jordan B. Ray, Univ of Florida
1931 - Alfred W. Bays, Northwestern Univ
1978 - Edwin W. Tucker, Univ of Connecticut
1932-33 - Earl S. Wolaver, Univ of Michigan
1979 - Terry L. Lantry, Colorado State Univ
1934 - Carl J. Altmaier, Drexel Univ
1980 - Michael P. Litka, Univ of Akron
1935-36 - Miles H. Jones, Univ of Pittsburgh
1981 - Gerard Halpern, Univ of Arkansas
1937 - Sheldon C. Tanner, Penn State Univ
1981 - G. Gale Roberson, Northwestern Univ (Honorary)
1938 - John C. Teevan, Northwestern Univ
1982 - William G. Elliot, Saginaw Valley State Univ
1939 - Thomas S. Kerr, Univ of Idaho
1983 - Robert N. Corley, Univ of Georgia
1940 - Harold F. Lusk, Indiana Univ-Bloomington
1984 - John D. Donnell, Indiana Univ-Bloomington
1941 - S. Homer Smith, Temple Univ
1985 - Paul M. Lange, California State Univ-Fresno
1947 - Essel R. Dillavou, Univ of Illinois
1986 - Bruce D. Fisher, Univ of Tennessee
1948 - Gerald O. Dykstra, Ohio Univ
1987 - Patricia Pattison, Univ of Wyoming
1949 - Robert E. Stone, Syracuse Univ
1988 - Frank F. Gibson, Ohio State Univ
1950 - Lewis F. Mayers, City College of New York
1989 - Robert R. Jespersen, Univ of Arkansas-Little Rock
1952 - John F. Sembower, Northwestern Univ
1990 - Thomas W. Dunfee, Univ of Pennsylvania
1953 - Paul C. Roberts, Univ of Illinois
1991 - Bill Shaw, Univ of Texas at Austin
1954 - Edward A. Smith, Syracuse Univ
1992 - Brenda Knowles, Indiana Univ South Bend
1955 - Joseph L. Frascona, Univ of Colorado
1993 - O. Lee Reed, Univ of Georgia
1956 - Milton B. Dickerson, Michigan State Univ
1994 - Marsha E. Hass, College of Charleston
1957 - Wesley C. Harter, Florida State Univ
1995 - Donald R. Nelson, Univ of Denver
1958 - Cornelius W. Gilliam, Univ of Washington
1996 - Richard L. Coffinberger, George Mason Univ
1959 - Harry M. Schuck, Univ of Wisconsin
1997 - Frances J. Hill, Univ of Wisconsin-Whitewater
1960 - William Zelermyer, Syracuse Univ
1998 - Caryn L. Beck-Dudley, Utah State Univ
1961 - Hendrik Swarensteyn, Michigan State Univ
1999 - Peter J. Shedd, Univ of Georgia
1962 - John L. Wyatt, Univ of Florida
2000 - Sally Gunz, Univ of Waterloo
1963 - Dwayne L. Oglesby, Louisiana Tech Univ
2001 - Frank Cross, Univ of Texas
1964 - Kathryn H. Duffy, Univ of Nevada
2002 - Virginia Maurer, Univ of Florida
1965 - William J. Robert, Univ of Oregon
2003 - James Highsmith, California State Univ-Fresno
1966 - Charles Martin, City Univ of New York
2004 - Nancy Kubasek, Bowling Green State Univ
1967 - Dugald W. Hudson, Georgia State Univ
2005 - Terry M. Dworkin, Indiana Univ-Bloomington
1968 - Russell Decker, Bowling Green State Univ
2006 - Frances E. Zollers, Syracuse Univ
1969 - John R. Carrell, North Texas State Univ
2007 - Lynda J. Oswald, Univ of Michigan
1970 - Gary I. Salzman, Univ of Miami
2008 - Robert B. Bennett, Jr., Butler Univ
1971 - Edwin Kassoff, Pace Univ
2009 - Kathleen A. Lacey, CSU-Long Beach
1972 - Gaylord A. Jentz, Univ of Texas at Austin
2010 - Lucien Dhooge, Georgia Institute of Technology
1973 - Thomas J. Wynn, DePaul Univ
2011 - Janine Hiller, Virginia Tech
1974 - Barbara George, CSU-Long Beach
2012 – Connie Bagley, Yale
1975 - Phillip J. Scaletta, Jr., Purdue Univ
2013 – Carol Miller, Missouri State University
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Annual Awards 1992-2013*
Senior Distinguished Faculty Awards
2013
2012
2008
2006
2006
2004
2003
2002
2001
2000
1999
1998
1997
1995
Junior Distinguished Faculty Awards
Larry DiMatteo, U of Florida
Mike Bixby, Boise State
Terry Morehead Dworkin, Indiana Univ
Constance Bagley, Harvard Univ
Peter Shedd, U of Georgia
George D. Cameron III, U of Michigan
Steve Salbu, U of Texas at Austin
Arthur Marinelli, Ohio Univ
Gerald Ferrera, Bentley College
Deborah Ballam, Ohio State
Fran Zollers, Syracuse Univ
Brenda Knowles, Indiana Univ at South Bend
Bill Shaw, U of Texas at Austin
Lee Reed, U of Georgia
2013
2012
2011
2010
2008
2007
2007
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
Joshua Perry, Indiana Univ
Norm Bishara, U of Michigan
Patricia Abril, U of Miami
Corey Ciocchetti, U of Denver
David W. Hess, U of Michigan
Leigh Anenson, U of Maryland
Dan Cahoy, Penn State
Stephanie Greene, Boston College
Ann Morales Olazabal, U of Miami
Robert C. Bird, Seton Hall Univ
Lucien Dhooge, U of the Pacific
Bruce Zucker, Cal State at Northridge
Martin McCrory, Indiana Univ
Joan Gabel, Georgia State
Tim Fort, U of Michigan
Dana Muir, U of Michigan
Dan Ostas, U of Maryland
Kay Duffy Outstanding Service Award (First awarded in 1998)
2013
2010
2010
2008
2006
2005
2005
Janine Hiller, Virginia Tech
Virginia Maurer, U of Florida
Gaylord Jentz, U of Texas
Lynda J. Oswald, U of Michigan
Ernie King, U of Southern Mississippi
Lucien Dhooge, U of the Pacific
Joan Gabel, Georgia State
2002
2001
2000
1999
1998
Sandy Searleman, Adirondack Community College
Sally Gunz, U of Waterloo
Marsha Hass, College of Charleston
Peter Shedd, U of Georgia
Caryn Beck-Dudley, Utah State
Charles M. Hewitt Master Teacher Awards (First awarded in 1998)
2013
2012
2011
2010
2009
2008
2007
2006
2005
Robert Prentice, Univ of Texas
Mike Koval, Salisbury Univ
Marianne DelPo Kulow, Bentley Univ
Marisa Pagnattaro, U of Georgia
Marcia Staff, U of North Texas
Ross Petty, Babson College
Patricia Pattison, Texas State Univ
Corey Ciocchetti, U of Denver
Jordan Halgas, Cal State Univ, Sacramento
2002
2001
2000
1999
1998
1997
1995
1994
1993
Tom Cavenagh, North Central College
Peter Bowal, U of Calgary
Carolyn Hotchkiss, Babson College
Nancy Oppenheim, Fort Lewis College
Jeff Beatty, Boston College
Gerald Ferrera, Bentley College
Frank Darr
Brenda Knowles, Indiana Univ South Bend
Marianne Jennings, Arizona State
Virginia Maurer Outstanding Ethics Paper Award (First awarded in 2007)
2013
2013
2012
2012
2012
2011
Norman Bishara, U of Michigan
David Hess, U of Michigan
Catharyn Baird, Regis Univ
Anita Cava, U of Miami
Don Mayer, U of Denver
Joshua E. Perry, Indiana Univ
2010
2009
2008
2007
2007
Norman Bishara, U of Michigan
George Siedel, U of Michigan
Don Mayer, U of Denver
Carol Bast, U of Central Florida
Linda Samuels, George Mason Univ
Jackson-Lewis LLP Outstanding Employment Law Paper (First awarded in 2011)
2013
2012
2012
T. Leigh Anenson, U of Maryland
Stephanie Greene, Boston College
Christine O’Brien, Boston College
2011
2011
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Shelley McGill, Wilfrid Laurier Univ
Ann Marie Tracey, Xavier Univ
Annual Awards 1992-2013 Continued*
Holmes-Cardozo Awards (Best Submitted Paper at the Annual Conference)
2013
Outstanding Paper: Lynda Oswald, Univ of Michigan
Distinguished Paper: Lucien Dhooge, Georgia Tech, and
Inara Scott, Oregon State Univ
2003
Best Paper: Lynda Oswald, University of Michigan
2012
Outstanding Paper: Nancy King & V.T. Raja, Oregon State
Distinguished Paper: Stephanie Greene & Christine O’Brien,
Boston College; Mystica Alexander, Bentley Univ
2011
Outstanding Paper: Nathaniel Grow, U of Georgia
Distinguished Paper: Phillip Nichols, Wharton; Norman
Bishara, U of Michigan; Michelle Westermann-Behaylo;
and David Orozco, Florida State Univ
2010
Outstanding Paper: Corey Ciocchetti, U of Denver
Distinguished Paper: Robert Sprague, U of Wyoming, and
Aaron J. Lyttle
2009
Best Paper: Robert Emerson, U of Florida
Distinguished Paper: T. Leigh Anenson, U of Maryland and
Deborah Kemp, California State University, Fresno
2008
Best Paper: Wade Chumney, Belmont Univ, David L. Baumer,
North Carolina State Univ, and Roby Sawyers
Distinguished Paper: Adam 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
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
Distinguished Paper: Ross Petty, Babson College
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
2004
Best Paper: Terence Lau, University of Dayton
Distinguished Paper: T. Leigh Anenson, Univ of Akron
1992
Best Paper: Robert Emerson, University of Florida
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Annual Awards 1992-2013 Continued*
Proceedings Papers Awards (First awarded in 1992)
2013
2012
Carroll Brown, Western Carolina Univ
Debra Burke, Western Carolina Univ
Josephine Nelson, UC Berkeley
Richard Parry, UC Fullerton
Jamie Darin Prenkert, Indiana Univ
Scott Shackelford, Indiana Univ
Norman Bishara, University of Michigan
Stephanie Greene, Boston College
Robert Kearney, Illinois Wesleyan University
Shelley McGill, Wilfrid Laurier University
Christine O’Brien, Boston College
2011
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
2007
2006
2005
Daniel T. Ostas, University of Oklahoma
Debra Burke, Western Carolina University
Wade Chumney, Belmont University
David L. Baumer, North Carolina State University
Roby Sawyers
Debra Burke, Western Carolina University
Beverly Earle, Bentley College
Robert Landry
Christina Madek
Gerald Madek, Bentley College
Amy Yarborough
Debra D. Burke, Western Carolina University
Lucien J. Dhooge, University of the Pacific
Susan L. Martin, Hofstra University
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
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
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2002
Robert Kearney, Illinois Wesleyan University
Cindy Schipani, University of Michigan
Tim Fort, University of Michigan
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
1994
Lynda J. Oswald, University of Michigan
Susan D. & Jonathan L. Martin, Hofstra University
Bill Shaw, University of Texas
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
Annual Awards 1992-2013 Continued*
Hoeber Memorial Awards (Journal Articles) (First awarded in 1995)
2013
ABLJ Outstanding Article: Bonnie Buchanan, Jeffry Netter,
Annette Poulson, & Tina Yang
ABLJ Excellence in Research: Gideon Mark, Univ of Maryland
JLSE Outstanding Article: Perry Binder & Nancy Mansfield,
Georgia State Univ
JLSE Excellence in Research: Susan Marsnick & Dale
Thompson, Univ of St. Thomas
2012
ABLJ Outstanding Article: Joshua Perry, Indiana University
ABLJ Excellence in Research: Patricia Abril, University of
Miami, Avner Levin, Ryerson University, & Alissa Del
Riego; Robert Weber, University of Tulsa
JLSE Outstanding Article: Marianne Jennings
JLSE Excellence in Research: Sandra Miller, Widener
University and Larry DiMatteo, University of Florida
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
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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
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 1992-2013 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
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
1994
ABLJ Outstanding Article: Deborah Ballam, Ohio State Univ
1992
ABLJ Outstanding Article: Michael Phillips, Indiana Univ
1991
ABLJ Outstanding Article: Daniel Ostas, U of Maryland
1990
ABLJ Outstanding Article: Michael Metzger & Charles
Schwenk, Indiana Univ
1989
ABLJ Outstanding Article: Michael Garrison, North Dakota
State Univ
1988
ABLJ Outstanding Article: G. Richard Shell, Wharton
1987
ABLJ Outstanding Article: Michael Garrison, North Dakota
State Univ
1997
ABLJ Outstanding Article: Arlen Langvardt and Eric Richards,
Indiana University
ALSB International Case Competition Awards (First awarded in 1999)
2013
2012
2011
2010
2009
2007
2006
2005
Debra Burke, Western Carolina Univ
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
2004
2003
2002
2001
2000
1999
25
Lucien J. Dhooge, University of the Pacific
Susanna Monseau, Rider University
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
Annual Awards 1992-2013 Continued*
Gaylord Jentz Memorial Scholar Award (First awarded in 2011)
2013
2012
2012
John McArdle, Salem State University
Keith Diener, Georgetown University
Romain Lorentz, St. Thomas University
2011
Elizabeth Brown, Bentley College
Ralph Bunche Award for the Best International Paper
2013
2012
Jamie Darin Prenkert, Indiana Univ
Nancy King, Oregon State University
John Bonsignore Award (First awarded in 2013)
2013
Frances Chapman, Lakehead Univ
* Please send any award corrections to Shelly Whitmer at sjmoore@umich.edu.
26
Canadian Academy of Legal Studies in Business
www.calsb.ca
ALSB’s Newest Regional invites one and all to
CALSB 2015 Conference in Toronto!
When:
Thursday May 7, 8 and 9, 2015
Where:
Pantages Hotel
Downtown Toronto, Ontario
Canada
http://www.pantageshotel.com/
What:
Icebreaker Cocktail Party
Paper Presentations
Panels on Pedagogical Issues including Academic Integrity and Misconduct
Best Paper Award – Paper Submission Date April 30, 2015
Great Colleagues, Great Food, Great Fun
Plus all the sights, sounds, tastes and life of Toronto – Check out visiting Toronto at:
http://www.toronto.ca
Find all the details of our Conference at the CALSB website www.calsb.ca or email Sally Gunz,
sgunz@uwaterloo.ca or Shelley McGill smcgill@wlu.ca
Oh Canada!
27
28
MIDWEST ACADEMY OF LEGAL STUDIES IN BUSINESS
Annual Conference
The Palmer House Hilton
Chicago, Illinois
March 25 - March 27, 2015
*
Held in conjunction with MBAA International Conference (“America’s best conference value”)
*
Opportunity to attend sessions regarding: legal studies, management, marketing, finance,
accounting, business economics, international business, case research, health administration,
entrepreneurship, information systems and business/society/government.
*
Draws 700 to 800 attendees from across the country and several foreign countries.
*
Two nights of entertainment associated with conference
*
Hotel rate of $174/night
*
Master Teacher competition
*
Refereed MALSB Proceedings
*
MBAA International Distinguished Paper Award for Legal Studies
*
MALSB Proceedings Outstanding Paper Award
Registration deadline: October 17, 2014 (to be included in program; completed papers due for
consideration regarding MBAA International Distinguished Paper Award or Master Teacher
competition)
Refereed Proceedings Submission Deadline: January 15, 2015 (for consideration)
For more information or a registration packet, visit our website: www.malsb.org
Matt Hlinak, MALSB Vice-President and Program Chair
Dominican University mhlinak@dom.edu
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30
31
32
33
34
35
36
37
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Day-by-Day Schedule
Sun, 8/3 – Mon, 8/4
Sunday, August 3
Executive Committee Meeting & Working Lunch
8:30 AM – 3:00 PM
Cobalt
Registration
2:00 PM – 5:00 PM
Ballroom Foyer
Add-on Ticketed Event:
Pikes Place Market Tour
Meet in hotel lobby at 3:20 PM sharp!
4:00 PM – 6:00 PM
Pike Place Market
Monday, August 4
Continental Breakfast
7:30 AM – 9:00 AM
Ballroom Foyer
Cengage Focus Groups
7:30 AM – 9:00 AM
Azure
Registration
8:00 AM – 5:00 PM
Ballroom Foyer
Exhibitors Set-up and Opening by Noon
8:00 AM – 5:00 PM
Ballroom Foyer
Task Force Committee Meeting
8:00 AM – 10:00 AM
Cobalt
House of Delegates Meeting
10:00 AM – 12:00 PM
Steel
Plenary Lunch
Underwritten in part through the generosity of
Cengage publishing Company
Speaker: Jere W. Morehead, President, University
of Georgia
12:00 PM – 1:30 PM
Ballroom A, B & C
ABLJ Invited Scholars Colloquium
1:30 PM – 5:30 PM
See Session A1
Academic Breakout Sessions
1:30 PM – 3:00 PM
See Sessions B1-B5
Coffee Break
3:00 PM – 3:15 PM
Ballroom Foyer
Academic Breakout Sessions
Note: Session C5 will run until 5:00 PM.
3:15 PM – 4:45 PM
See Sessions C1-C5
GLB & Friends Reception
5:00 PM – 6:15 PM
Ballroom D
6:00 PM
Off-Site
6:30 PM – 9:15 PM
Underneath Argosy Cruise
Dock, Pier 55
Goodtime III Boat
ABLJ Invited Scholars Colloquium Dinner
Add-on Ticketed Event:
Locks Cruise
Meet in hotel lobby at 5:15 PM sharp!
A
ABLJ Closed Session (A1)
A1
1:30 PM – 5:30 PM
Locations
ABLJ Invited Scholars Colloquium
(Closed Session)
Cobalt
Moderator: Robert Bird, University of Connecticut
1.
2.
3.
4.
Blurred Lines and Fluid Identities: Rethinking Race and Sex under Title VII in Light of Multiracial and Transgender
Plaintiffs by Leora Eisenstadt, Temple University.
Workplace Information Forcing by Charlotte Alexander, Georgia State University.
Same-Sex Harassment after Boh Brothers by Alex Reed, University of Georgia.
Ownership of Employment-Related Social Media Accounts by Susan Park, Boise State University.
39
Day-by-Day Schedule
Mon, 8/4 Continued
B
Academic Sessions (B1 – B5)
1:30 PM – 3:00 PM
Locations
Panel
Azure
Session B1
So You Wanna Use Technology
Ida Jones, California State University, Fresno (Chair)
Denise Farag, Linfield College
Lori Harris-Ransom, Caldwell College
Session B2
Constitutional Law
Cyan A
Moderator: James Holloway, East Carolina University
1.
2.
3.
4.
Religion as Sword and Shield: The Debate about Religious Freedom and Same Sex Marriage by Eric Yordy, Northern
Arizona University.
Running Mom and Pop Businesses by the Good Book: The Scope of Religious Rights of Sole Proprietors and Partners by
Loren F. Selznick, Bloomsburg University.
Religion, Inc.: Implications of Corporations Having Freedom of Religious Rights by Karen Gantt, University of Hartford.
The Free Exercise Clause: Fealty to God or Caesar? by John Hayward, Bentley University.
Session B3
Torts / Products Liability
Cyan B
Moderator: George McNary, Creighton University
1.
2.
3.
4.
Studying is Dangerous? Possible Federal Remedies for Study Abroad Liability by Robert Aalberts, University of Nevada,
and Chad Marzen and Darren Prum, Florida State University.
Reviewing an Old Controversy of ‘But-for’ vs. ‘Proximate Cause’: Is it Time for Reevaluation in Light of Developing Tort
Law in England and the U.S.? by Daniel Herron, Miami University, Elisabeth Silvaggio, Herron Realty Group, and Laura
Powell, Miami University.
A Review of the Current Status of Tort Reform by Georges Generas, University of Hartford.
Who is Sovereign: An Analysis of Derivative Sovereign Immunity by Jason Malone, Virginia Tech (Development Track).
Session B4
Ethics & CSR
Steel A
Moderator: Laura Ginger, Indiana University
1.
2.
3.
The Intra-corporate Conspiracy Trap by Josephine Nelson, Stanford University.
Behavioral Ethics: Can it Help People be Their Best Selves? by Robert Prentice, University of Texas at Austin.
Is it Ethical to Sell a College Sports Team to Play another Team of Lesser Competitive Skill? by Gregory Huckabee,
University of South Dakota.
Session B5
Intellectual Property Law
Steel B
Moderator: Robert Bennett, Butler University
1.
2.
3.
4.
‘Specifically Irish’ Copyright Law Reform by Richard Kunkel, University of St. Thomas.
For Secondary Users of Copyright Material in the Digital Age: Fair Use or Fair Dealing? by Susanna Monseau, The
College of New Jersey.
Thwarting Patent Trolls and Other IP Bullies to the Detriment of University Stakeholders by Dan Cahoy, Penn State Univ.
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, Anjali Patel, Spiegel & McDiarmid, and
Marshall Van Alstyne, Boston University and MIT.
C
Academic Sessions (C1 – C5)
3:15 PM – 4:45 PM
Locations
Panel
Azure
Session C1
The New AACSB Standards:
What You Should Know and How You Can Demonstrate Your Value
Eric Yordy, Northern Arizona University (Chair)
Caryn Beck-Dudley, Florida State University
40
Peter Shedd, University of Georgia
Ellen Harshman, Saint Louis University
Day-by-Day Schedule
Mon, 8/4 Continued – Tues, 8/5
Academic Sessions (C1 – C5)
3:15 PM – 4:45 PM
Locations
Tax Law
Cyan A
Session C2
Moderator: Kevin Farmer, California Poly Pomona
1.
2.
3.
4.
A Taxing Process: Whistleblowing Under the IRS Reward Program by Denise Farag, Linfield College and Terry
Morehead Dworkin, Seattle University.
IRS Rulings Allow Expanded Use of Like-Kind Exchange Parking Transactions by Walter Antognini and Vincent
Barrella, Pace University.
The Amazon Tax’s Impact on Etailer Supply Chain by Kevin McGarry and Trisha Anderson, Texas Wesleyan University.
U.S. International Taxation in Comparison with Other Regulatory Regimes by Alexander Wu, UCLA.
Session C3
Employment / Labor Law
Cyan B
Moderator: Konrad Lee, Utah State University
1.
2.
3.
4.
The Fiduciary Role of Financial Advisors by Dana Muir, University of Michigan.
Don’t Update Your Status Without Knowing the Rules: How the NLRB has Been Deciding Cases Involving Social Media
and What it Means for Employers (and Employees) by Jessica Magaldi, Pace University.
The ‘Deeply Toxic’ Impact of the Abolition of Mandatory Retirement Coupled with the Existence of Tenure in Higher
Education: A Proposal for Statutory Change by Beverley Earle and Marianne DelPo Kulow, Bentley University.
Title IX and Academic Freedom in the College and University Classroom: Coexistence or Conflict? by Carolyn Hotchkiss
and Cheryl Kirschner, Babson College.
Session C4
Intellectual Property Law
Steel A
Moderator: Lucas Loafman, Texas A&M University
1.
2.
3.
4.
Parody in Trademark Law: Dumb Starbucks Makes Trademark Law Look Dumb by Deborah Kemp, Lynn Forsythe, and
Ida Jones, California State University, Fresno.
Taking Pictures: Transformative Use in Big Art after Cariou by Liz Brown, Bentley University.
Franchises as Moral Rights by Robert Emerson, University of Florida.
Who Owns Employee Created or Commissioned Works? Pitfalls in a Globally Distributed Work Environment by Susan
Marsnik and Romain Lorentz, University of St. Thomas.
Session C5
Development Track:
International Law
Steel B
NOTE: Session C5 runs from 3:15 – 5:00 PM
Moderator: Jason Malone, Virginia Tech
1.
2.
3.
4.
5.
Fighting Corruption to Enhance Peace: The FCPA, Conflict Zones, and Changing DOJ Standards by John Katsos and Tor
Brodtkorb, American University of Sharjah.
International Status of Refugees by Will Mawer, Southeastern Oklahoma State University and Paul Becker, Miami
University of Ohio.
Counterfeiting: Dangers to Consumers and Businesses Alike by Lora Koretz, Arizona State University.
Corporate Sustainability Reporting: The EU Modernization Directive and Harmonization of Reporting Standards within the
European Union by Ruth Jebe, University of Denver.
High Frequency Trading and Fiduciary Duties: On a Collision Course? by R. Clayton Trotter, University of Alaska.
Tuesday, August 5
Continental Breakfast
7:30 AM – 9:00 AM
Ballroom Foyer
Employment Law Section Breakfast
Underwritten through the generosity of Jackson-Lewis
Law Firm, Richmond, Virginia
7:30 AM – 9:00 AM
Cobalt
Environmental Section Breakfast
7:30 AM – 9:00 AM
Cyan A
Technology Section Breakfast
7:30 AM – 9:00 AM
Ballroom D
Cengage Focus Groups
7:30 AM – 9:00 AM
Azure
Wall Street Journal Open Session Focus Groups
7:45 AM – 8:45 AM
Steel A
Registration
8:00 AM – 5:00 PM
Ballroom Foyer
Exhibits
8:00 AM – 5:00 PM
Ballroom Foyer
41
Day-by-Day Schedule
Tues, 8/5 Continued
Master Teacher Symposium
9:00 AM – 12:30 PM
See Session D1
Research and ABLJ Panel
9:00 AM – 12:30 AM
See Session E1
Coffee Break
10:20 AM – 10:40 AM
Ballroom Foyer
Newcomers Lunch
12:30 PM – 2:00 PM
Ballroom D
Academic Breakout Session
2:00 PM – 3:20 PM
See Sessions F1-F6
Coffee Break
3:20 PM – 3:40 PM
Ballroom Foyer
Academic Breakout Sessions
3:40 PM – 5:00 PM
See Sessions G1-G6
Icebreaker Cocktail Party
Underwritten in part through the generosity of
Indiana University.
5:15 PM – 6:15 PM
Ballroom Foyer
7:10 PM
Safeco Field
Add-on Ticketed Event:
Seattle Mariners Ball Game (against Atlanta Braves)
Meet in hotel lobby at 5:45 PM sharp!
D
Academic Session (D1)
Session D1
9:00 AM – 12:30 PM
Location
Master Teacher Symposium
Ballroom C
Moderator: Robert Prentice, University of Texas at Austin
Underwritten in part through the generosity of Irwin/McGraw-Hill Publishing
1.
2.
3.
4.
I Won! (?) - Using the Movie ‘Nebraska’ and a Publishers Clearing House Mailing to Illustrate the Elements of Unilateral
Contracts and Illegal Gambling by Suzanne Palmer, Albright College.
Using Scaffolding to Improve Student Learning in Legal Environment Courses by Diane May, Winona State University.
On the Island by Roxanne DeLaurell, College of Charleston.
Choose Your Business Organization by Lawrence Keller, Georgia Tech.
E
Academic Sessions (E1)
9:00 AM – 12:30 PM
Locations
Session E1
ABLJ Reviewer Panel
Azure
Underwritten in part through the generosity of Wiley Publishing Company
Demystifying the ABLJ Review Process:
Tips for Mastering Manuscript Reviews for Current and Prospective Reviewers
Robert Sprague, University of Wyoming (Chair)
Robert Emerson, University of Florida
Laurie Lucas, Oklahoma State University
Marisa Anne Pagnattaro, University of Georgia
Miriam Albert, Hofstra University
F
Academic Sessions (F1 – F6)
2:00 PM – 3:20 PM
Locations
Panel
Azure
Session F1
Teaching Negotiation
Melanie Williams, California State University, Northridge (Chair)
Terry Foster, Seattle University
Sarah Light, University of Pennsylvania
Dale Thompson, University of St. Thomas
Robert Thomas, University of Florida
42
Day-by-Day Schedule
Academic Sessions (F1 – F6)
Session F2
Tues, 8/5 Continued
2:00 PM – 3:20 PM
Locations
Consumer Protection and Privacy
Cyan A
Moderator: Vincent Carrafiello, University of Connecticut
1.
2.
3.
4.
The Impact of Rising Small Claims Court Limits on Claim Characteristics and Use of Legal Representation by Shelley
McGill, Wilfrid Laurie University.
A Classroom Activity for Teaching the Fair Debt Collections Practices Act by Konrad Lee and Matthew Thue, Utah State
University.
The Dilemma of Private Justice Systems: Big Data Sources, the Cloud and Predictive Analytics by Angie Raymond,
Indiana University.
Pre-dispute Mandatory Arbitration Clauses: The Not So Secret Weapon of ‘Class’ Destruction by Shelley McGill, Wilfrid
Laurie University.
Session F3
Development Track:
Intellectual Property
NOTE: Session F3 runs from 2:00 – 3:35 PM
Cyan B
Moderator: Laura Ginger, Indiana University
1.
2.
3.
4.
5.
A Variable Fame Standard: National vs. Niche Fame for Blurring and Tarnishment Claims by Tim Lemper, Indiana
University, Bloomington and Anthony Smith, Indiana University, South Bend.
New Evidence on Patent Litigation Outcomes Across Technologies and Industries by John Allison, University of Texas at
Austin.
WIPO? Why Not? by John Norwood, Bill Greenhaw, and Catherine Atchison, University of Arkansas.
Expanding TTAB Authority to Modify Descriptions of Goods and Services under Section 18 of the Lanham Act by Tim
Lemper, Indiana University, Bloomington, Anthony Smith, Indiana University, South Bend, and Linda McLeod, Kelley
IP, LLP.
The Global Battle Over Copyright Reform: Developing the Rule of Law in the Chinese Business Context by Shruti Rana,
University of Maryland.
Session F4
Employment / Labor Law
Steel A
Moderator: Deborah Kemp, California State University, Fresno
1.
2.
3.
4.
The Promise and Peril of Working Time by Robert Bird, University of Connecticut.
New Whistleblower Protection for Federal Contract Employees by David Schein, University of St. Thomas.
When Does Compensation for ‘Time Spent under the Employer’s Control’ Include Pre and Post Shift Waiting and Other
Activities? by Hilary Goldberg and Nanci Carr, California State University, Northridge.
Putting Causation in Context: Burrage vs. U.S. and the False Equivalency Between Employment Discrimination and
Criminal Law by Leora Eisenstadt, Temple University.
Session F5
Ethics & CSR
Steel B
Moderator: Joshua Perry, Indiana University
1.
2.
3.
4.
Corporate Conspiracy: How Not Calling a Conspiracy a Conspiracy is Warping the Law on Corporate Wrongdoing by
Josephine Nelson, Stanford University.
Ben & Jerry’s: Challenges for Corporate Social Responsibility in an International Context by J. Haskell Murray, Belmont
University.
Whom Can One Trust? by Robert Wiener, Pace University.
Combating Corruption in International Business: The Big Questions by David Hess, University of Michigan.
Session F6
Development Track:
Corporate Governance
Cobalt
Moderator: Jennifer Cordon Thor, Oakland University
1.
2.
3.
4.
The Corporation as Person: Religious Expression, the First Amendment & Obamacare by Corey Ciocchetti, University of
Denver.
Executive Compensation: The Growing Challenge for a Board of Directors by Bonnie Persons, California State University,
Chico.
Mandatory Adoption of Stakeholder Review Processes to Improve Sustainability and Responsiveness of Utility Governance
by Inara Scott, Oregon State University.
The Supreme Court 2013-14 Term: The Business Implications by Corey Ciocchetti, University of Denver.
43
Day-by-Day Schedule
Tues, 8/5 Continued
G
Academic Sessions (G1 – G6)
3:40 PM – 5:00 PM
Locations
Panel
Azure
Session G1
Cutting Edge Issues in Privacy Law and Policy
Jody Blanke, Mercer University (Chair)
Avner Levin, Ryerson University
Session G2
Janine Hiller, Virginia Tech
Carol Bast, University of Central Florida
Corporate Governance
Cyan A
Moderator: Robert Wiener, Pace University
1.
2.
3.
4.
The GSK Bribery Scandal in China: Corporate Governance Failures of Multinational Corporations by Cindy Schipani,
University of Michigan, Junhai Liu, Renmin University of China, and Haiyan Xu, University of International Business and
Economics, Beijing.
Social Enterprise Innovation: Delaware’s Public Benefit Corporation Law by J. Haskell Murray, Belmont University.
Laws vs. Compliance: Who Should be the Conscience of the Firm? by Robert Bird and Stephen Park, University of
Connecticut.
Bad (And Not So Bad) Arguments against Shareholder Primacy by Ian Maitland, University of Minnesota.
Session G3
Intellectual Property Law
Cyan B
Moderator: Martin McCrory, Indiana University Bloomington
1.
2.
3.
4.
Patenting the Human Genome: Private Property, Profit and Public Policy by Georgia Holmes and Penny Herickhoff,
Minnesota State University.
Sports Gambling Regulation, Your Grandfather (Clause), and Intellectual Property by Ryan Rodenberg, Florida State
University.
Patent Grant Back Clauses in International License Agreements by David Orozco, Florida State University.
Dead Celebrities Perform Live on Stage: Collision of Patent, Copyright, and Right of Publicity Issues by Tammy Cowart
and Barbara Wooldridge, University of Texas at Tyler.
Session G4
Development Track:
Employment / Labor Law
Steel A
Moderator: Ruth Jebe, Denver University
1.
2.
3.
4.
Food Allergies and Workplace Accommodations by Alexis Stokes, Texas State University, San Marcos.
A Weighty Issue: How Can Employers Take Adverse Employment Action Against an Obese Job Candidate without Running
Afoul of the ADA? by Linda Ficht, Indiana University Kokomo.
Mental Illness in the Workplace and the ADAAA by Debbie Kaminer, Baruch College/CUNY.
Sex, Beer, Wings, and Lawsuits: Using Hooters to Teach Employment Discrimination Law by Michael Koval, Salisbury
University.
Session G5
Securities Law
Steel B
Moderator: Will Mawer, Southeastern Oklahoma State University
1.
2.
3.
4.
Advocate or Adversary? When Attorneys Act as Whistleblowers by Jennifer Pacella, City University of New York, Baruch
College.
Too Big to Fail: How to Limit the Future Fallout by Cris de la Torre, University of Northern Colorado.
Risk vs. Reward: Regulation and Access to Crowd-funding by Sandra Malach, Robert Malach, and Peggy Hedges,
University of Calgary.
Illiquid Indians: How Federal Statutes and Regulations Impose Discriminatory Penalties on Tribal Governmental Securities
by Gavin Clarkson, Clint Elkins, and Harikumar Sankaran, New Mexico State University.
Session G6
International Law
Cobalt
Moderator: Patricia Nunley, Baylor University
1.
2.
3.
4.
Delhi Metro Rail Corporation by Constance Bagley, Ashraf Virk, and Jas Awla, Yale University.
Entrepreneurial Risk in International Markets: Focus on Bribery and Corruption by Lawrence Trautman, Entrepreneur &
Professional Corporate Director.
Curbing Costs: Integration of the French Constat into the American Legal System by Robert Emerson, Univ of Florida.
The Road Less Traveled: Gender Identity Discrimination in the U.S. and U.K. by Patricia Pattison, Texas State University
and Jessica Guth, Bradford University.
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Day-by-Day Schedule
Wed, 8/6
Wednesday, August 6
Continental Breakfast
7:30 AM – 9:00 AM
Ballroom Foyer
Ethics Section Breakfast
7:30 AM – 9:00 AM
Ballroom A
African-American Faculty Breakfast
7:30 AM – 9:00 AM
Ballroom D
Cengage Focus Groups
7:30 AM – 9:00 AM
Azure
Wall Street Journal Open Session Focus Group
7:45 AM – 8:45 AM
Ballroom C
Registration
8:00 AM – 5:00 PM
Ballroom Foyer
Exhibits
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-I6
ADR Section Lunch
12:00 PM – 1:45 PM
Ballroom A
JLSE Staff Lunch
12:00 PM – 1:45 PM
Ballroom D
Women’s Luncheon
Underwritten in part through the generosity of the
Business Law Area at the University of Michigan Ross
School of Business.
12:00 PM – 1:45 PM
Ballroom C
Academic Break-Out Sessions
2:00 PM – 3:20 PM
See Sessions J1-J6
Coffee Break
3:20 PM – 3:40 PM
Ballroom Foyer
Academic Break-Out Sessions
3:40 PM – 5:00 PM
See Sessions K1-K6
Add-on Ticketed Event:
Underground Tour
Meet in hotel lobby at 5:10 PM sharp!
6:00 PM – 7:00 PM
608 1st Avenue
ABLJ Staff Reception
6:15 PM – 7:15 PM
Ballroom A
7:15 PM
Off-Site
Past President’s Dinner
H
Academic Sessions (H1 – H6)
9:00 AM – 10:20 AM
Locations
Panel
Azure
Session H1
Fighting Corruption in the Caribbean Basin
Cindy Schipani, University of Michigan (Chair)
Terry Morehead Dworkin, Seattle University
Chizu Nakajima, London Metropolitan University
Session H2
Ethics Section Scholar in Residence
Cyan A
Academic Freedom vs. Assurance of Learning: Strategies for Bridging the Gap
Drawing upon the results of the 2014 EthicsGame Ethics Survey, Dr. Catharyn Baird, the ALSB Ethics Scholar in Residence,
will present her findings on the tension between the desire for academic freedom and requirements for assurance of learning. Dr.
Baird will discuss changes in the 2013 AACSB accreditation requirements concerning ethics, demonstrate how various
universities are bridging the faculty-administration gap, and facilitate a conversation among the participants as to their challenges
and best practices.
Session H3
Administrative Law / Risk Management
Cyan B
Moderator: Miriam Albert, Hofstra University
1.
2.
3.
4.
University Disciplinary Hearings: A Miscarriage of Justice by Dan Herron and Daniel Haughey, Miami University.
Civilian and Commercial Drones are Coming, Are We Ready? by Brian Elzweig, Texas A&M University.
The First Amendment and Disclosure Regulations: Compelled Speech or Corporate Opportunism? by Lucien Dhooge,
Georgia Institute of Technology.
Managing Risk in a Complex and Connected World by Margaret Sherman, Harold Weston, Susan Willey, and Nancy
Mansfield, Georgia State University.
45
Day-by-Day Schedule
Academic Sessions (H1 – H6)
Session H4
Wed, 8/6 Continued
9:00 AM – 10:20 AM
Locations
Constitutional Law
Steel A
Moderator: Peter Bowal, University of Calgary
1.
2.
3.
4.
Eminent Domain: Appropriate Use of the Power to Help Underwater Homeowners? by Paula Murray, University of Texas
at Austin.
Falsity or Fair Comment: The Tangled Web by Brad Reid, Lipscomb University and Sarah Gibson, George Fox Univ.
President Obama: Constitutional Utilization of Executive Privilege or Usurper of Legislative Authority by Andrew
Emerson, Palmer & Manuel, LLP.
U.S. Antitrust Law and the Practice of Marketing: A Historical Analysis by Ross Petty, Babson College.
Session H5
Employment / Labor Law
Steel B
Moderator: Amy Sepinwall, University of Pennsylvania
1.
2.
3.
4.
Opening the Floodgates: Expanded Employer Liability for Same-Sex Harassment by Alex Reed, University of Georgia.
Precarious Work: The Need for Flextime Employment Rights and Proposals for Reform by Robert Bird, University of
Connecticut.
Newsflash: My Hair Is Not Like Yours: Workplace Hair Grooming Policies for Black Women as Racial Stereotyping in
Violation of Title VII by Dawn Bennett-Alexander, University of Georgia.
Solicitor General Challenges Majority ‘Moench’ Fiduciary Presumption in Stock-Drop Cases by Jack Karns, East
Carolina University, Bruce J. McNeil, Attorney, and Fred Schadler, East Carolina University.
Session H6
Curriculum / Pedagogy
Cobalt
Moderator: Kevin McGarry, Texas Wesleyan University
1.
2.
3.
4.
The LGBT Community, Service-Learning, and Legal Education by Franklyn Salimbene and Marianne DelPo Kulow,
Bentley University.
Aguinda vs. Texaco: Who Needs a Textbook for Learning about International Dispute Resolution? by Lucas Loafman,
Texas A&M University, Central Texas.
A Case for Enhanced Self-Regulation of Business Programs as Influenced by Higher Education Reform Proposals by Mary
Ellen Wells, Alvernia University and Suzanne Palmer, Albright College.
Lessons and Reflections from Across the Pond: How Should we Education Lawyers? by Susan Marsnik, University of St.
Thomas and Caroline Strevens, University of Portsmouth.
I
Academic Sessions (I1 – I6)
10:40 AM – 12:00 PM
Locations
Panel
Azure
Session I1
Managing the Legal Nexus Between Intellectual Property and Employees
(Papers listed below will be discussed.)
1.
2.
3.
4.
5.
6.
7.
Reducing the Risk of Cross-Border Trade Secret Misappropriation by Liz Brown, Bentley University. (Chair)
Monetize vs. Incentivize: Health Care Innovation at a Crossroads by Julie Manning Magid, Indiana University.
Who Owns Employee Created or Commissioned Works? Pitfalls in a Globally Distributed Work Environment by Susan J.
Marsnik, University of St. Thomas.
Patent Grant-Back Clauses in International License Agreements: A Survey and Ethical Analysis by David Orozco, Florida
State University.
Introducing Managing the Legal Nexus Between Intellectual Property and Employees by Lynda Oswald, University of
Michigan and Marisa Anne Pagnattaro, University of Georgia.
Employee Misappropriation: Using Section 337 to Combat Trade Secret Theft by Marisa Anne Pagnattaro, University of
Georgia and Stephen Park, University of Connecticut.
Certification Marks as Private Employment Regulation by Jamie Prenkert, Indiana University.
46
Day-by-Day Schedule
Wed, 8/6 Continued
Academic Sessions (I1 – I6)
Session I2
10:40 AM – 12:00 PM
Locations
Distinguished Proceedings
Cyan A
Moderator: Ronnie Cohen, Christopher Newport University
1.
2.
3.
4.
Privacy Implications of Big Data and Predictive Analytics by Robert Sprague, University of Wyoming.
Bankruptcy Reform’s Impact on Access to Bankruptcy’s ‘Fresh Start’ Policy: Reforms Needed to Restore Access to Justice
by Rob Landry, Jacksonville State University and David Read, Weber State University.
Franchise Terminations: ‘Good Cause’ Decoded by Robert Emerson, University of Florida.
Selling Privacy by Patricia Abril, University of Miami.
Session I3
Ethics & CSR
Cyan B
Moderator: Nim Razook, University of Oklahoma
1.
2.
3.
Language of the Codes: Comparing the Frequency of Ethics and Compliance Terms in Corporate Codes of Conduct by
Susan Willey, Kelly Grace, Nancy Mansfield, and Margaret Sherman, Georgia State University.
Revisiting Donaldson and Dunfee’s Integrative Social Contract Theory and Reviving the Structural Hypernorm of
Necessary Social Efficiency by Don Mayer, University of Denver.
Paradigm Shifts: Applying Transformative Learning Theories in Teaching Ethics, Sustainability and Social
Entrepreneurship by Christina Benson and Gary Palin, Elon University.
Session I4
Corporate Governance
Steel A
Moderator: David Zaring, University of Pennsylvania
1.
2.
3.
Compliance Officers: More Jobs, More Responsibility, More Liability by Susan Martin, Hofstra University.
The Value of the Chief Legal Officer to the Firm by Robert Bird, Paul Borochin, and John Knopf, Univ of Connecticut.
Boardroom Diversity: Why It Matters by Lawrence Trautman, Entrepreneur & Professional Corporate Director.
Session I5
Development Track:
Employment / Labor Law
Steel B
Moderator: Jay Weiser, Baruch College
1.
2.
3.
4.
How Patterns of Dissent are Shackled in Public Sector Organizations in Canada by Alan Levy, Brandon University.
ENDing Sexual Orientation Workplace Discrimination: A Proposal to Amend ENDA so that Congress Will Pass It by
Marianne DelPo Kulow, Bentley University.
Employment Law: Overtime Pay for Accounting Professionals by Randall Hanson, University of North Carolina.
Are Control-Focused Worker Classification Tests Effective for Determining Relationship Status within the Franchise
Business Model? by Maxine Morgan, Long Island University.
Session I6
Development Track:
Potpourri Session
Cobalt
Moderator: Jennifer O’Reilly, Victoria University
1.
2.
3.
4.
Rethinking the Governance of Publicly-Traded Partnerships by Karie Davis-Nozemack, Georgia Institute of Technology
and Sandy Miller, Widener University.
Statutory Discretion and Equitable Defenses by Leigh Anenson, University of Maryland.
Adoption: The Interests of Others and Conflicting Court Rulings Threaten the Systems Used for States and the Native
American Tribes by Marsha Cooper, California State University, Long Beach.
Legally Effective Informed Consent: An Elusive Concept in Needed of a Uniform Legal Standard by William Wiggins and
Mystica Alexander, Bentley University.
J
Academic Sessions (J1 – J6)
2:00 PM – 3:20 PM
Locations
Panel
Azure
Session J1
Using Technology to Enhance the Classroom Learning Experience
Stephen Lichtenstein, Bentley University (Chair)
Mystica Alexander, Bentley University
Robert Bird, University of Connecticut
Dan Herron, Miami University
Carolyn Hotchkiss, Babson College
47
Day-by-Day Schedule
Academic Sessions (J1 – J6)
Session J2
Wed, 8/6 Continued
2:00 PM – 3:20 PM
Locations
Holmes-Cardozo
Cyan A
Moderator: Marisa Anne Pagnattaro, University of Georgia
1.
2.
3.
Social Enterprise, Corporate Objectives, and the Corporate Governance Narrative by Patricia Nunley, Baylor University
and Justin Blount, Stephen F. Austin University.
Holding Copyright Officers Strictly Liable Under Patent and Corporate Law by Lynda Oswald, University of Michigan.
Putting a Gag on Farm Whistleblowers: Food Safety and Free Speech Confront State Agricultural Protection by RitaMaria Cain Reid, University of Missouri-Kansas and Amber Kingery, U.S. Army, attending in her personal capacity.
Session J3
Privacy Law
Cyan B
Moderator: Kenneth Goldsmith, Chattanooga State University
1.
2.
3.
4.
Business Collaboration with Government Under the Foreign Intelligence Surveillance Act: Study of Social Networks in
Support of the Nation’s Counterterrorism Efforts by Carol Bast, University of Central Florida.
One Hundred Years of Privacy Law: A Latent Semantic Analysis by Robert Sprague, University of Wyoming, Kevin
Grauberger, University of Nebraska, and Nicole Barberis, IBM.
Privacy by Design: The Federal Trade Commission’s Efforts to Protect Consumer Privacy through Directed Self-Regulation
by Stuart Pardau, California State University, Northridge.
A Contagion of Fear: Post 9/11 Alarm Expands Executive Branch Authority and Sanctions Prosecutorial Exploitation of
American’s Privacy by Carol Bast, University of Central Florida and Cynthia Brown, Brown & Associates, PLLC.
Session J4
Healthcare / FDA
Steel A
Moderator: Sally Gunz, University of Waterloo
1.
2.
3.
4.
Trust and Transparency: Patient Perceptions of Physicians’ Financial Relationships with Pharmaceutical Companies by
Joshua Perry, Dena Cox, and Anthony Cox, Indiana University.
FDA Related Events and the Valuation of Bio-pharmaceutical Firms by Jenny Zhang, Missouri State University.
E-Cigarettes: Need for FDA Regulation by Carol Miller, Missouri State University.
Matters of Life and Death: End-of-Life Choices by Ilene Goldberg, Rider University (Development Track)
Session J5
Financial Services & Franchise Law
Steel B
Moderator: James Highsmith, California State University, Fresno
1.
2.
3.
4.
‘Stripping Off’ Home Mortgages in Chapter 7: A Lifeline to Debtors by Rob Landry, Jacksonville State University.
Beyond Dodd-Frank: Addressing Too-Big-to Fail without Making Other Banks Too-Small-to Succeed by Dale Thompson,
University of St. Thomas.
The Impact of the Shift Away from Defined Benefit Plans to Defined Contribution Plans in Australia, the U.K., and the U.S.
by Elizabeth Brown, Georgia State University.
Franchising Constructive Termination: Quirk, Quagmire or a Solution for Problematic Relations by Robert Emerson,
University of Florida.
Session J6
Development Track:
Ethics & CSR
Cobalt
Moderator: Kathleen Lacey, University of California, Long Beach
1.
2.
3.
4.
The Ethical Decision-Action Model by Matthew Phillips, Wake Forest University.
Contingency, Irony, Solidarity by Bill Shaw, University of Texas at Austin.
Whistleblower Lawsuits: Using Classification Trees to Predict Outcomes by Tammy Cowart, University of Texas at Tyler,
Kurt Schulzke, Kennesaw State University, and Sherry Avery, University of Texas at Tyler.
Navigating the Generations at Work: Are there Generational Differences in Ethics at Work? by Kabrina Chang, Boston
University.
48
Day-by-Day Schedule
Wed, 8/6 Continued
K
Academic Sessions (K1 – K6)
3:40 PM – 5:00 PM
Locations
Panel
Azure
Session K1
th
How Could a 4 Amendment Revival Impact Business & Economic Resilience?
John Bagby, Penn State University (Chair)
Jody Blanke, Mercer University
Deven Desai, Georgia Institute of Technology
Session K2
Patricia Abril, Miami University
Janine Hiller, Virginia Tech
Ross Petty, Babson College
Environment, Energy & Sustainability Law
Cyan A
Moderator: Les Crall, Southwestern Oklahoma State University
1.
2.
3.
The Environmentally Conscious Skies: Did the European Union’s Game of Brinksmanship Lead to a Viable Global Plan for
Emissions Trading in Aviation? by Darren Prum, Florida State University and Kathryn Kisska-Schulze, North Carolina
A&T State University.
Sustainability Reporting by Cities: As a Securities Law Exemption Erodes, a Nascent Legal Obligation May be Arising by
Adam Sulkowski, University of Massachusetts.
Grandma Got Run Over by a Freeway by David Schein, University of St. Thomas.
Session K3
Development Track:
International Law
Cyan B
Moderator: Diane May, Winona State University
1.
2.
3.
4.
Employee Protection Payments as a ‘Reasonably Necessary Business Expense’? A Look Back at the Effect of the United
States vs. Chiquita Brands International, Inc. by Marcia Staff, University of North Texas.
The Foreign Corrupt Practices Act after U.S. vs. Esquenazi: The Eleventh Circuit Court of Appeals Weighs In by Karl
Boedecker, University of San Francisco.
End of an Era? The Legal Dimensions of Mexico’s 2013 Energy Reform by Tim Samples, University of Georgia.
Judges as Guardian Angels: The German Practice of Hints and Feedback by Robert Emerson, University of Florida.
(Academic Session)
Session K4
Development Track:
Consumer Protection and Privacy
Steel A
Moderator: Matthew Phillips, Wake Forest University
1.
2.
3.
Business and Big Brother: A New Paradigm by Laura Davis, Bloomsburg University of Pennsylvania.
CPRs: The Story so Far by Peter Shears, Plymouth University.
Underwater, Like a Room without a Roof: Dodd-Frank’s Qualified Mortgage and Qualified Residential Mortgage
Regulations by Jay Weiser, Baruch College.
Session K5
Development Track:
Tax Law
Steel B
Moderator: Abbey Stemler, Indiana University
1.
2.
3.
One Tax to Rule Them All: Rethinking Fiscal Federalism’s Tax-Assignment Problem by Peter Prescott, Butler University.
Statutory Definitions of an ‘Employee’ by James Jurinski, University of Portland.
‘Cut – And That’s a Wrap’: The Film Industry’s Fleecing of State Tax Incentive Programs by Randle Pollard, Indiana
University.
Session K6
Development Track:
Pedagogy
Cobalt
Moderator: Mark Bender, Monash University
1.
2.
3.
4.
‘Are You There, Student? It’s Me, Your (Techie) Professor.’ Active Learning with Automated Technology for Online and
Traditional Classes by Kim Petrone, University of Arkansas.
News to Use: The Best News Stories of the Last Year for Teaching Business Law by Marianne Jennings, Arizona State
University and Karen Morris, Monroe Community College.
Business Law Case Competitions: Student Enthusiasm and Pedagogy Development by Gil Lan, Ryerson University.
Law and Entrepreneurship Education: Bridging the Divide between Entrepreneur and Attorney by Jason Gordon, Georgia
Gwinnett College.
49
Day-by-Day Schedule
Thurs, 8/7
Thursday, August 7
7:30 AM – 9:00 AM
Continental Breakfast
Ballroom Foyer
Annual Business Meeting
8:00 AM – 9:15 AM
Ballroom C
Registration
8:00 AM – 12:00 PM
Ballroom Foyer
Exhibits
8:00 AM – 12:00 PM
Ballroom Foyer
Academic Breakout Sessions
9:20 AM – 10:20 AM
See Sessions L1-L6
9:30 AM – 1:30 PM
Ballroom C
Coffee Break
10:20 AM – 10:40 AM
Ballroom Foyer
Academic Breakout Sessions
10:40 AM – 12:00 PM
See Sessions M1-M6
International Section Lunch
12:00 PM – 1:30 PM
Ballroom A
Marketing and Sports Law Section Lunch
Speaker: Lindsey Mohle, Senior Attorney in the
Corporate Marketing Legal Team at Intel Corp in San
Francisco.
12:00 PM – 1:30 PM
Ballroom D
Academic Breakout Sessions
1:30 PM – 2:50 PM
See Sessions N1-N6
Coffee Break
2:40 PM – 3:10 PM
Ballroom Foyer
ABLJ Board Meeting
Academic Breakout Sessions
3:10 PM – 4:30 PM
See Sessions O1-O6
Annual Banquet
Underwritten in part through the generosity of Seattle
University and the University of Michigan Ross
School of Business.
6:00 PM – 10:00 PM
Space Needle & Chihuly
L
Academic Sessions (L1 – L6)
9:20 AM – 10:20 AM
Locations
Panel
Azure
Session L1
Jack is Back! How Bistro 24 has been Adapted and Transformed
Michael Koval, Salisbury University (Chair)
Seth Lipner, Baruch College, City University of New York
David Orozco, Florida State University
Marcia Staff, University of North Texas
Charles Thomas, California State University
Session L2
Panel
Cyan A
Teaching Trademarks in a Single Class
Ross Petty, Babson College (Chair)
Craig Morris, US PTO, Washington DC
Stephanie Greene, Boston College
Session L3
Student Session
Cyan B
Moderator: Denise Smith, Eastern Illinois University
1.
2.
Net Neutrality: Restoring the Balance by John Bullock, Indiana University (sponsored by Jane Mallor, Indiana
University).
Foul Ball: Major League Baseball’s CBA Exploits College Seniors in the MLB Draft by Jonathan Gordon, University of
Notre Dame (sponsored by Tonia Murphy, University of Notre Dame).
50
Day-by-Day Schedule
Thurs, 8/7 Continued
Academic Sessions (L1 – L6)
Session L4
9:20 AM – 10:20 AM
Locations
Development Track:
Bankruptcy & Creditors’ Rights
Steel A
Moderator: Alexis Stokes, Texas State University
1.
2.
International Approaches to the Misuse of the Corporate Form in Insolvency by Michelle Welsh, Monash University and
Helen Anderson, University of Melbourne.
ERISA and IRA Funds: Planning for Divorce, Death, or Bankruptcy by Gerald Madek, Bentley University.
Session L5
Social Media
Steel B
Moderator: Don Mayer, University of Denver
1.
2.
Share and Steal Alike: The Evolution in Society’s Understanding of Copyright and Fair Use by Sarah Gibson, George Fox
University and Brad Reid, Lipscomb University.
The Courts are not my Friend: How Can They Access my Social Media Account? by Dan Rice, Syracuse University.
Session L6
Development Track:
International Law
Cobalt
Moderator: Gwendolyn Gordon, University of Pennsylvania
1.
2.
A Renewed Crackdown on Bribery and Money Laundering in the Last Decade? Comparative Evaluation of the Efficacy of
International, EU and U.S. Implementation of Policy Reforms by Kathleen Lacey, California State University, Long Beach.
Changing Clothes and Shifting Gears: The Future of Automotive and Textile Trade under the Trans-Atlantic Trade and
Investment Partnership (T-TIP) by Christina Benson, Elon University.
M
Academic Sessions (M1 – M6)
10:40 AM – 12:00 PM
Locations
Panel
Azure
Session M1
The Hobby Lobby Case: What it Means for Religious Expression, Corporate Personhood,
and the Contraceptive Mandate Under the Affordable Care Act
Sandra Benson, Middle Tennessee State University (Chair)
Joshua Perry, Indiana University
Eric Yordy, Northern Arizona University
Caroline Kaeb, Northwestern University (University of Connecticut beginning Aug 23)
Session M2
Cyber / Internet Law & Electronic Discovery
Cyan A
Moderator: Kabrina Chang, Boston University
1.
2.
3.
4.
Civil Cyber Conflict: Microsoft, Cybercrime and Botnets by Janine Hiller, Virginia Tech.
Sustainable Cyber-Security: Applying Lessons from the Green Movement to Managing Cyber Attacks by Scott Shackelford,
Indiana University and Stanford University, Jamie Prenkert and Tim Fort, Indiana University.
Resolution of Federal ESI Civil Discovery Rule Revisions: A Unique Pedagogical Tool of Policy Analysis by John Bagby,
Penn State University and Joseph Schwerha, California University of Pennsylvania.
Proportionality in Electronic Discovery: In Light of Current Case Law are the Proposed Changes to F.R.C.P. Rule 26
Necessary? by Vicki Luoma and Emmy Buboltz, Minnesota State University, and Milton Luoma, Metropolitan State
University.
Session M3
International Law
Cyan B
Moderator: Paul Becker, Miami University
1.
2.
Sovereign Wealth Funds and Human Rights Protection by Salar Ghahramani, Penn State University.
A Modest Proposal: Outlawing Incitement to Acts of Terrorism under International Law by Frederick Perry and Wendy
Gelman, Florida International University.
51
Day-by-Day Schedule
Thurs, 8/7 Continued
Academic Sessions (M1 – M6)
Session M4
10:40 AM – 12:00 PM
Locations
Curriculum / Pedagogy
Steel A
Moderator: Karen Gantt, University of Harford
1.
2.
3.
4.
Being Honest about Tenure in the United States: The Need for Tenure System Reform within Institutions of Higher
Education by Arthur Gross-Schaefer, Sona Gala, Jillian Jaccard, and Luke Vetter, Loyola Marymount University.
Closing the Loop or Jumping Through Hoops: The Impact of Assessment on the Legal Studies Curriculum by Nancy
Lasher, The College of New Jersey, Donna Steslow, Kutztown University of Pennsylvania, and Sue Kong, Kutztown
University of Pennsylvania.
When is Your Lawyer or Law Professor a Doctor? by Larry Moore, University of Memphis.
Social Entrepreneurship: Improving Conditions on the Ground Using Technology in the Cloud by T. Noble Foster and
G.A. Lasprogata, Seattle University (Development Track)
Session M5
Whistleblowing & Social Policy
Steel B
Moderator: Gil Lan, Ryerson University
1.
2.
3.
The New Alberta Public Interest Disclosure (Whistleblower Protection) Act by Peter Bowal, University of Calgary.
The Necessity of the Tax Whistleblower by Karie Davis-Nozemack, Georgia Institute of Technology.
The Lure of Tax Revenue from Recreational Marijuana: At What Cost? by Mystica Alexander and William Wiggins,
Bentley University.
Session M6
Development Track:
Securities Law
Cobalt
Moderator: Bonnie Persons, California State University, Chico
1.
2.
3.
Toward a Unified Theory of Materiality in Federal Securities Cases: Reading Federal Securities Statutes and Regulations
as Civil Code by Kurt Schulzke, Kennesaw State University and Gerlinde Berger-Walliser, University of Connecticut.
The Case for the Regulation of Bitcoin Mining as a Security by Jason Gordon, Benjamin Akins, and Jennifer Chapman,
Georgia Gwinnett College.
Do Investors Care about Corporate Wrongdoing? An Empirical Study into the Materiality of Revelations of Corporate
Malfeasance by Bruce Klaw and Tricia Olsen, University of Denver.
N
Academic Sessions (N1 – N6)
1:30 PM – 2:50 PM
Locations
Panel
Azure
Session N1
Looking Across the Border: Contrasting Canadian and American Employment Law
Robert Malach, University of Calgary (Chair)
Sandra Malach, University of Calgary
Jim Jurinski, University of Portland
Session N2
Employment / Labor Law
Cyan A
Moderator: Mary Ellen Wells, Alvernia University
1.
2.
3.
4.
NLRA Impasse Cases: What’s Right, What’s Not Right, and What can be Done About It? by David Twomey, Boston
College.
Keeping the Lights On: Examining and Re-imagining NLRA Preemption in a Time of Electric Necessity by Inara Scott,
Oregon State University.
Positive Discrimination across the Atlantic: A Comparative Analysis of U.K. and U.S. Race Conscious Positive Action to
Promote Substantive Equality of Employment by Gary Gold, American University of Sharjah.
Reconciling Social Justice vs. Public Safety in the Hiring of Ex-Offenders by Stacy Hickox, Michigan State University.
(Development Track)
52
Day-by-Day Schedule
Thurs, 8/7 Continued
Academic Sessions (N1 – N6)
1:30 PM – 2:50 PM
Locations
Session N3
Development Track:
Ethics & CSR
Cyan B
Moderator: Franklyn Salimbene, Bentley University
1.
2.
3.
4.
Strengthening Anti-Money Laundering Laws by Targeting Bank Executives: An Invitation of Wisdom or Folly by Jeffrey
Boles, Temple University.
DC Appeals Court Claims, ‘We Were Only Doing Our Job’, When They ‘Accidentally’ Shot New Neutrality in the Head by
David Missirian, Bentley University.
Normative Stockholder Theory and the Allegory of Stockholder Syndrome by Keith Diener, George Washington University.
There is a Really Big E in Legal Obedience: Common Law Obedience as Both a Legal and an Ethical Guide for Business
Actors by Nim Razook, University of Oklahoma.
Session N4
Business Organizations & Combinations
Steel A
Moderator: Aaron Pennington, York College of Pennsylvania
1.
2.
3.
Maori Acumen: Talking Business and Talking Culture in an Indigenously Owned Corporation by Gwendolyn Gordon,
University of Pennsylvania.
Putting the ‘Corporate’ Back into Corporate Personhood: A Comparative Legal Analysis by Caroline Kaeb, Northwestern
University (University of Connecticut beginning Aug 23).
Perception, Trust, and Control: The Value Effect of Venture Capital Term Sheet Provisions as Risk Allocations Tools by
Jason Gordon, Georgia Gwinnett College
Session N5
Development Track:
Curriculum / Pedagogy
Steel B
Moderator: Richard Kunkel, University of St. Thomas
1.
2.
3.
4.
Moving From Preventive to Positive Legal Strategies for Value Creation by George Siedel, University of Michigan.
Before and After You Say ‘I Do’: What Every Business Student Should Know about Divorce Law by David Read, Weber
State University.
Online Discussion Forums as Part of an Online or Face-to-Face Course by Linda Christiansen, Indiana Univ Southeast.
Painting a Business Law Course TEAL: Teaching in a Technology Enhanced Active Learning (TEAL) Classroom by Marta
Yellin, Montana State University.
Session N6
Development Track:
Cyber / Internet Law
Cobalt
Moderator: Laura Davis, Bloomsburg University of Pennsylvania
1.
2.
3.
Text 12 34 56 SMITH to Vote for the Defendant: Social Media Voting Enters the Dispute Resolution Area by Angie
Raymond and Scott Shackelford, Indiana University.
Accounting in the Cloud: Legal Issues Involved in Cloud Service Agreements for Accountants by Lori Harris-Ransom,
Caldwell College.
Crowd-funding and Online Dispute Resolution: A Happy Marriage of Technology, Online Behavior, and Crowd Mentality
by Angie Raymond and Abbey Stemler, Indiana University.
O
Academic Sessions (O1 – O6)
3:10 PM – 4:30 PM
Locations
Panel
Azure
Session O1
Corporate Governance Research
Multijurisdictional M&A Litigation by Gideon Mark, University of Maryland
Jeffrey Boles, Temple University (Chair)
John Holcomb, University of Denver
David Zaring, University of Pennsylvania
Seletha Butler, Georgia Institute of Technology
Gideon Mark, University of Maryland
53
Day-by-Day Schedule
Academic Sessions (O1 – O6)
Session O2
Thurs, 8/7 Continued
3:10 PM – 4:30 PM
Locations
Employment / Labor Law
Cyan A
Moderator: Gregory Huckabee, University of South Dakota
1.
2.
3.
The EEOC’s Duty to Conciliate before Filing Suit by Stephanie Greene and Christine O’Brien, Boston College.
Employment at Will vs. Social Media: The Winner is Still Unknown by Linda Ficht, Indiana University Kokomo.
Are An Employer’s Promises of Neutrality and Facilitation in a Union Organizing Campaign ‘Things of Value’ Under
Section 302 of the Labor Management Relations Act and, If So, Does That Statute Authorize a Private Right of Action? by
Kevin Farmer, California Poly Pomona.
Session O3
Pedagogy
Cyan B
Moderator: Jody Blanke, Mercer University
1.
2.
3.
4.
Methods Used to Transition a Traditional Legal Environment of Business Course to a Flipped Classroom by Tanya
Marcum and Sandra Perry, Bradley University.
Grand Canyon Skywalk: Views of Law and Ethics by Debra Burke and Lorrie Willey, Western Carolina University.
‘Flipped’ and Team-Based Learning in a Law Course: Lessons Learned by Jennifer O’Reilly, Victoria University.
Covenants Not to Compete in Employment Contracts: Worth a Closer Look in the Classroom by Tonia Murphy, University
of Notre Dame.
Session O4
Sports Law
Steel A
Moderator: Anthony Smith, Indiana University South Bend
1.
2.
3.
4.
Regulating Professional Sports Leagues by Nathaniel Grow, University of Georgia.
A Furious Folly: Alex Rodriguez Attempts to Challenge his Suspension for Using Performance Enhancing Substances by
Jessie Roberson, Ohio University.
MMA and the First Amendment by Jason Cruz, Cruz Law, PLLC.
Pay for Play: Is O’Bannon the Tip of the Iceberg in College Sports? by David Arnesen and William L. Weis, Seattle
University (Development Track)
Session O5
Development Track:
Commercial Law and Contracts
Steel B
Moderator: John Katsos, American University of Sharjah
1.
2.
3.
Business Court: The Modified Law Merchant by Jennifer Cordon Thor, Oakland University.
Without a Survival Clause, Will That Provision be voted out of the Contract? by Steven Maier and Nanci Carr, California
State University, Northridge.
The Personal Liability of Insurance Claims Adjusters for Insurance Bad Faith by Chad Marzen, Florida State University.
Session O6
Development Track:
Constitutional Law
Cobalt
Moderator: Tim Lemper, Indiana University Bloomington
1.
2.
3.
4.
When Business and Conscience Collide: Hobby Lobby as a Case Study in Corporate Conscientious Objection by Amy
Sepinwall, University of Pennsylvania.
The Uncertain Future of Marijuana Regulations in the State of Washington: What Marijuana Business Owners Need to
Know by Kimberly Houser, Washington State University.
Expanding Theory by Applying Doctrine to Justify Heightened Scrutiny: Reaffirming Dolan in Knootz by Broadening
Doctrine by James Holloway and Donald Guy, East Carolina University.
Hope in Citizens United by Philip Nichols, University of Pennsylvania.
We hope you enjoyed the
Conference and Seattle!
54
Abstracts of Paper Presentations
potential impact to America's standing in the global
community. Recreational marijuana - is it worth the price?
A
Aalberts, Robert, Chad Marzen, and Darren Prum:
Studying is Dangerous? Possible Federal Remedies for
Study Abroad Liability.
Although study abroad programs have many
economic, cultural, diplomatic and educational benefits for
participants, potential risks exist overseas. The current
liability standards in reported cases to date involving study
abroad liability are nebulous. This Article discusses three
potential federal remedies for study abroad liability: first,
the implementation of a federal standard of study abroad
liability; second, a proposed federal cause of action for
wrongful death; and finally, the creation of an oversight
entity at the federal level to regulate study abroad
programs.
Alexander, Mystica: See Stephen Lichtenstein
Alexander, Mystica: See William Wiggins
Allison, John: New Evidence on Patent Litigation
Outcomes across Technologies and Industries.
We coded data from every patent infringement
lawsuit filed in a federal district court during 2008-2009,
and included in our data set all merits decisions on
infringement and validity occurring by Dec. 31, 2013. We
coded for 30 distinct outcomes at all levels of the litigation
process, but here I present statistical results for only 10
major outcomes across 6 technology areas and 11 industry
categories, these technology and industry assignments
based on definitions I developed over a period of many
years in various projects. Descriptive statistics,
comparisons of success rates for significance, and logistic
regression results are presented.
Abril, Patricia: Selling Privacy.
From social media to Big Data, everywhere we
turn we see evidence of private information propertized -that is, made into a commodity that is bought and sold. Our
personal data is the fuel of the information economy.
However, we do not reap the benefits of its sale. Some have
argued that the transfer of private information should be
governed by an intellectual property-like system allowing
for individual control over information. The idea of selling
privacy -whether private data should be sold and how poses the intriguing legal and ethical questions with which
this paper grapples.
Anderson, Helen: See Michelle Welsh
Anderson, Trisha: See Kevin McGarry
Anenson, Leigh: Statutory Discretion and Equitable
Defenses.
Scholars are critical of judicial authority to deny
equitable relief for statutory violations. However, scant
attention is paid to remedial doctrines that similarly result
in dismissal. It is axiomatic that courts can alter the value
of rights by the liberal or restrictive interpretation of
defenses that negate liability. What do these judge-made
defenses mean in the age of statutes? By which principles is
that meaning discerned? Is there a methodology for
exercising discretion? This Article answers these questions
by analyzing federal jurisprudence. It begins with a
doctrinal account of the scope of statutory discretion before
turning to more theoretical matters.
Abril, Patricia: See John Bagby
Akins, Benjamin: See Jason Gordon
Alexander, Charlotte: Workplace Information Forcing.
Many statutory, regulatory, and court-made rules
force or strongly incentivize employers to provide
information about workers’ labor and employment rights in
the form of break room posters, worksite notices, and
employee policies and procedures. This “workplace
information forcing” is designed to increase workers’ legal
knowledge and in turn enable them to become enforcers of
their own workplace rights. Yet drafting employers into the
role of rights-informer raises a number of economic,
constitutional, and policy questions. Nevertheless, the
Article concludes that workplace information forcing
should be preserved, and even expanded, as one necessary
component of a robust workplace rights enforcement
regime.
Antognini, Walter and Vincent Barrella: IRS Rulings
Allow Expanded Use of Like-Kind Exchange Parking
Transactions.
IRC Section 1031 provides for tax-free treatment
of like-kind exchanges, including transactions using an
intermediary where property is sold to and/or acquired from
a third party. In one variation, known as a parking
transaction, the taxpayer causes the intermediary to acquire
property prior to identification of property to be
relinquished. The IRS has published rules for engaging in
such transactions and has recently blessed transactions
where the acquired property is built on leased land and
where multiple affiliates of a taxpayer enter into an
agreement with the intermediary but only one such affiliate
actually completes the transaction.
Alexander, Mystica and William Wiggins: The Lure of
Tax Revenue From Recreational Marijuana: At What
Price?
On National Weed Day, 2014 proponents of
legalized marijuana gathered in cities throughout the
country with much to celebrate. In Colorado and
Washington recreational sales of marijuana had begun,
opening new commercial markets that are expected to fill
state coffers with tax revenue. This paper looks beyond the
lure of tax revenue to consider legalization's real costs: sin
taxes that regulate behavior, confusion as federal and state
authorities seek to reconcile conflicting classifications of
marijuana, the social costs of increased use, and the
Arnesen, David and William L. Weiss: Pay for Play: Is
O’Bannon the Tip of the Iceberg in College Sports?
New sports stadiums, multi-million dollar
coaches' salaries and billion dollar broadcasting
contracts...but what about the student-athletes? Studentathletes are strictly limited by the NCAA in what they can
receive from the university...tuition, room & board, and a
few miscellaneous expenses. But should student-athletes
55
receive more? Without student-athletes these revenue
streams would not exist. Some argue they should receive
additional compensation since it is their play that results in
television revenue, jersey sales and other income to the
university. Others believe that compensating studentathletes beyond the costs of their college education would
destroy college sports as we know it.
guarantees under the United States Constitution by
reforming foreign intelligence legislation.
Bast, Carol and Cynthia Brown: A Contagion of Fear:
Post-9/11 Alarm Expands Executive Branch Authority
and Sanctions Prosecutorial Exploitation of America's
Privacy.
The manuscript examines how the weapon of fear
in the hands of America's leaders delivers prosecutors a
tempting license to convict at any cost - including the loss
of individual freedoms that have been the foundation of this
country. Congressional authorization through the Foreign
Intelligence Surveillance Act, as amended, is part of the
contagion of fear produced by the War on Terror. The
results facilitate expanded executive power and allow
prosecutors to reap the political benefits of increased
convictions through legislative mission creep - charging
violations beyond the boundaries of terrorism-related
atrocities and into the realm of ordinary, everyday crimes.
Atchison, Catherine: See John Norwood
Avery, Sherry: See Tammy Cowart
Awla, Jas: See Constance Bagley
B
Bagby, John and Joseph Schwerha: Resolution of
Federal ESI Civil Discovery Rule Revisions: A Unique
Pedagogical Tool of Policy Analysis.
Recent FRCP revisions reveal how strong
political interests are quietly battling over limiting pre-trial
discovery
of
electronically
stored
information.
Congressional legislative veto threatens this unique
rulemaking process. This paper discusses these influences
based on policy analysis conducted by cyber-forensic
students. Their findings were published in an integrated,
class co-authored paper.
Bast, Carol: See Jody Blanke
Beck-Dudley, Caryn: See Eric Yordy
Becker, Paul: See Will Mawer
Bennett-Alexander, Dawn: Newsflash: My Hair Is Not
Like Yours: Workplace Hair Grooming Policies for
Black Women As Racial Stereotyping in Violation of
Title VII.
An Alabama district court recently rejected a race
discrimination claim by a black female employee who was
required to cut off her dreadlocks in order to accept a job
offer. Also rejected was EEOC's contention that workplace
grooming policies should take into consideration African
Americans' differing hair texture when establishing
grooming policies. This paper argues that it is time to
recognize that grooming policies are based on white
aesthetics that force black women to straighten their hair to
be acceptable in the workplace and as such are racial
stereotyping that violate Title VII of the 1964 Civil Rights
Act.
Bagby, John, Patricia Abril, Janine Hiller, Ross Petty,
Deven Desai, and Jody Blanke: How Could a 4th
Amendment Revival Impact Business & Economic
Resilience?
PII dossiers constructed from bulk electronic
surveillance or maintained by advertising aggregators
signals a public policy tipping point; these issues impact
ALSB research and instruction. This panel explores future
privacy regulation with constitutional implications for
Executive power, computer forensics and big data mining.
We provide a website with research resources.
Bagley, Constance, Ashraf Virk, and Jas Awla: Delhi
Metro Rail Corporation.
Delhi Metro Rail Corporation is a teaching case
dealing with the successful public-private partnership that
built a modern metro system in Delhi, India, on time and
under budget. During his tenure as Managing Director, the
protagonist E. Sreedharan imbued the firm with a strong
culture of honesty, hard work, and transparency.
Benson, Christina: Changing Clothes and Shifting
Gears: The Future of Automotive and Textile Trade
under the Trans-Pacific Partnership (TPP) and TransAtlantic Trade and Investment Partnership (T-TIP).
The Trans-Pacific Partnership is a proposed FTA
under negotiation among 12 countries, including the United
States and Australia, Brunei, Malaysia, Canada, Chile,
Mexico, New Zealand, Peru, Singapore, Vietnam and
Japan. The Trans-Atlantic Trade and Investment
Partnership is a proposed FTA between the European
Union and the United States. Both the TPP and the T-TIP
contain provisions that go well beyond existing WTO
obligations in areas like intellectual property, labor rights,
movement of workers, environmental, and investment
provisions. This paper focuses on how the automotive and
textile sectors are likely to be impacted by the TPP and TTIP.
Barberis, Nicole: See Robert Sprague
Barrella, Vincent: See Walter Antognini
Bast, Carol: Business Collaboration with Government
under the Foreign Intelligence Surveillance Act: Study
of Social Networks in Support of the Nation's
Counterterrorism Efforts.
The federal government makes increasing use of
big data and predictive analytics to graph social networks
in its counterterrorism effort. Although certain safeguards
were built into the Foreign Intelligence Surveillance Act,
both the National Security Agency aggregation and the use
of the communication data have become controversial.
With the use of predictive analytics in terrorism, one should
be concerned both with collection and use of data. The
paper reaches the conclusion that it is time to preserve
Benson, Christina and Gary Palin: Paradigm Shifts:
Applying Transformative Learning Theories in
Teaching
Ethics,
Sustainability
and
Social
Entrepreneurship.
Transformative learning has been described as
"learning that induces more far-reaching change in the
56
learner than other kinds of learning, to produce a significant
impact or paradigm shift that affects the learner's
subsequent experiences." Transformative learning theory
suggests that such transformation often begins with a
‘disorienting dilemma', followed by cycles of critical
reflection, ultimately leading to perspective transformation.
This paper explores how transformative learning
pedagogies can be applied to enhance courses in ethics,
sustainability, and social entrepreneurship by cultivating
mindsets that help students transform their own
perspectives on social and ethical issues for deeper social
and personal understanding and impact.
Bird, Robert and Stephen Park: Law vs. Compliance Who Should be the Conscience of the Firm?
Who should be the conscience of the firm? To
answer this question, this paper focuses on the unique role
of the Chief Legal Officer (CLO) in the modern-day
corporation. The authority of the CLO is being challenged
by the rapidly growing field of corporate compliance and
the rising prominence of chief compliance officers. We
consider the merits of corporate compliance, examine the
various ways that the CLO can enhance corporate
governance and, subject to certain qualifications,
limitations, and exceptions, determine that the CLO should
retain ultimate authority over the ethical conduct and
integrity of the firm.
Benson, Sandra, Joshua Perry, and Eric Yordy: The
Hobby Lobby Case: What it Means for Religious
Expression,
Corporate
Personhood,
and
the
Contraceptive Mandate under the Affordable Care Act.
Is a corporation considered a “person” who can
engage in the free exercise of religion? The Hobby Lobby
case raises this and other intriguing issues, such as whether
a company can object to a government mandate on
religious grounds; the rights of women to preventative
health care coverage (including contraception); whether a
businessperson waives any right to the free exercise of
religion by incorporating; and the interests of the
government in ensuring preventative health coverage under
the ACA. The panelists collectively have practice
experience and research interests in business and health
care law, biomedical ethics, and Amendment issues.
Bird, Robert: See Stephen Lichtenstein
Blanke, Jody, Janine Hiller, Avner Levin, and Carol
Bast: Cutting Edge Issues in Privacy Law and Policy.
This panel will address new issues in privacy law
and policy.
Blanke, Jody: See John Bagby
Blount, Justin and Patricia Nunley: Social Enterprise,
Corporate Objectives, and the Corporate Governance
Narrative.
Many proponents of social enterprise have
advocated for the creation of "hybrid" business entities
designed to accommodate the needs of these businesses.
We have argued that new entity structures are not
necessary, because existing corporate law is sufficiently
flexible. This Article explores these issues and argues that
the social enterprise movement would be better served by a
slight change to corporate law - requiring corporations to
state their objectives in their certificate of incorporation.
We argue that such a requirement is easy to implement,
accommodates the needs of social enterprise, and can help
reshape the narrative of corporate governance.
Berger-Walliser, Gerlinde: See Kurt Schulzke
Bird, Robert: Precarious Work: The Need for Flextime
Employment Rights and Proposals for Reform.
Millions of Americans are under intense pressure
to balance work and family responsibilities. The feeling of
overwork is rampant, with nearly half of employees feeling
overworked or overwhelmed by their workplace
responsibilities. This manuscript argues for a suite of legal
protections that would allow working families, especially
single-parent and low-income families, basic access to the
rights and protections of flexible work.
Boedecker, Karl: The Foreign Corrupt Practices Act
After U.S. vs. Esquenazi: The Eleventh Circuit Court of
Appeals Weighs In.
The Foreign Corrupt Practices Act (FCPA)
makes it illegal to offer money, gifts or anything of value to
foreign officials for the purpose of obtaining or retaining
business. Until recently, aggressive SEC and DOJ
enforcement of anti-bribery provisions has gone
unchallenged as investigations and criminal charges have
been resolved through negotiated settlements short of trial.
Some defendants have begun to challenge the government's
approach by litigating rather than settling. This paper
reviews the judicial standards for determining
"instrumentality" and "foreign official" that have resulted
from that litigation, including those from the first federal
appellate to rule on this issue.
Bird, Robert: The Promise and Peril of Working Time.
This article examines the legal and business
implications of varying hours and location of work, also
known as flextime. Flextime can improve morale, increase
productivity, and reduce turnover, but can also force
employees into undesirable shifts and impede work-life
balance. This manuscript focuses on the practice of
flextime from primarily an employer and business practice
perspective.
Bird, Robert, Paul Borochin, and John Knopf: The
Value of the Chief Legal Officer to the Firm.
This empirical study examines whether the Chief
Legal Officer (CLO) creates firm value when financial
mismanagement occurs. We consider two possible channels
for this added value: legal expertise and internal
monitoring. We distinguish between the two by examining
the effect of corporate governance, firm opacity, CLO/CEO
turnover, and firm valuation on CLO standing. We
conclude that it is the internal monitoring function rather
than her legal expertise that is the source of the CLO's
greatest contribution to the firm.
Boles, Jeffrey, Seletha Butler, John Holcomb, Gideon
Mark, and David Zaring: Corporate Governance
Research.
This panel will present a spectrum of issues that
affect the ways in which companies are directed and
controlled in a period where the traditional mechanisms of
oversight are increasingly under stress. The panel will
consider private and public examples of this phenomenon.
57
copying is legal. The Second Circuit's decision in Cariou v.
Prince has led to a dramatic reversal of the roles of artists
and judges in evaluating works of art. This article examines
the transformative use defense and its impact on "Big Art."
It explores whether a federal compulsory licensing scheme
should replace the transformative use defense in the visual
arts and examines potential statutory amendments that
might clarify that defense.
Boles, Jeffrey: Strengthening Anti-Money Laundering
Laws by Targeting Bank Executives: An Invitation of
Wisdom or Folly?
This paper will discuss the present state of antimoney laundering (AML) initiatives in the United States
and will put forth policy proposals for strengthening current
AML law.
Borochin, Paul: See Robert Bird
Buboltz, Emmy: See Vicki Luoma
Bowal, Peter: The New Alberta Public Interest
Disclosure (Whistleblower Protection) Act.
New whistleblower legislation in Alberta
establishes a process for the disclosure of wrongdoing,
attempts to protect from reprisal those who make
disclosures, seeks to act upon recommendations arising
from investigations and promote confidence in the public
sector. It covers the Alberta Public Service and provincial
agencies, boards and commissions, as well as postsecondary academic institutions, school boards and the
health sector. This article is a critical analysis of the
application of this new public sector whistleblowing
legislation.
Bullock, John: Net Neutrality: Restoring the Balance.
Net neutrality is the communication debate of
modern times. Until recently, the FCC had a set of rules
that very nearly balanced the interests of broadband ISPs,
consumers, and internet startups like Netflix. These rules
were struck down in January and since then Comcast and
Verizon have begun turning their networks into
burdensome toll ways. Soon enough consumers will begin
feeling the monetary pain of these tolls, and then in the
long term everyone suffers from a stifling of innovation.
Before this happens, Congress needs to give the FCC just
enough jurisdictions to restore balance to this delicate
system.
Brodtkorb, Tor: See John Katsos
Burke, Debra and Lorrie Willey: Grand Canyon
Skywalk: Views of Law and Ethics.
The story of the development and operation of
the Grand Canyon Skywalk is a tale of dreams, schemes,
law and the legal system, but, most importantly, it is a tale
of how people behave and how that behavior raises
questions of ethics regardless of the legal outcomes. This
teaching case provides students the chance to look at the
story of the Skywalk from different perspectives, and to
learn that perspective plays an important role in defining
ethical conduct. Examining contract law, eminent domain,
defamation and trademark infringement, Skywalk is an
intriguing story of possibilities gone badly.
Brown, Cynthia: See Carol Bast
Brown, Elizabeth: The Impact of the Shift Away From
Defined Benefit Plans to Defined Contribution Plans in
Australia, the United Kingdom, and the United States.
This paper examines the shift away from defined
benefit plans towards defined contribution plans in
Australia, the United Kingdom, and the United States and
will compare how this changed the relationship between
workers and the financial industry. For example, workers'
investments helped fuel the growth and volatility of these
countries' stock markets. This movement also required
workers to have a greater financial literacy than prior
generations had. Unfortunately, the educational systems in
these countries left many workers financially illiterate.
These factors played a role in the recent financial crisis
and, if left unaddressed, may contribute to future financial
crises.
Butler, Seletha: See Jeffrey Boles
C
Cahoy, Dan: Thwarting Patent Trolls and Other IP
Bullies to the Detriment of University Stakeholders.
In 2014, Penn State conducted the nation's first
university-run auction of patent rights. According to
University officials, the auction was arranged to dissuade
patent trolls from purchasing the rights, which may have
limited its success. This strategy may have societal
benefits, but arguably harms certain stakeholders such as
faculty-inventors and the university community. To whom
does the University owe the greatest duty? This paper will
explore the fiduciary responsibilities of university
technology managers with respect to IP ownership and
enforcement. It will consider whether certain practices or
consortium structures can achieve an optimal blend of
social good and local income.
Brown, Liz, Julie Magid, Susan Marsnik, David
Orozco, Marisa Anne Pagnattaro, Stephen Park, and
Jamie Prenkert: Managing the Legal Nexus Between
Intellectual Property and Employees.
This panel previews the findings of a
forthcoming book called Managing the Legal Nexus
Between Intellectual Property and Employees: Domestic
and Global Contexts, (Lynda Oswald and Marisa
Pagnattaro (Eds.)) Edward Elgar (2015). Each panelist is
writing a chapter, covering subjects ranging from the global
protection of trade secrets to the use of patent grant-back
clauses in international licenses to the use of certification
marks as private employment regulation. The panelists will
present a lively and engaging discussion of the nexus
between IP and employment law in global trade. No prior
international law experience is required to enjoy it.
Carr, Nanci: See Hilary Goldberg
Carr, Nanci: See Steven Maier
Brown, Liz: Taking Pictures: Transformative Use in
Big Art after Cariou.
In the wake of a 2012 ruling broadening the
scope of copyright law's fair use defense, lawyers, artists
and dealers face growing uncertainty as to what kind of
Chang, Kabrina: Navigating the Generations at Work:
Are there Generational Differences in Ethics at Work?
58
For the first time in American history four
generations will be working side-by-side. What views and
values do these different populations bring to work?
Research has shown that while different generations work
differently, that doesn't necessarily translate into different
values and ethics at work. However, there are some specific
differences attributed to generation that can have a
significant impact on conduct at work. Understanding these
specific differences can help managers develop more
effective ethics and compliance programs.
multi-billion dollar industry, all of the participants have not
been equal beneficiaries. The commercial users of the
knowledge in the developed world tend to be the
“information rich,” whereas, the custodians of traditional
knowledge tend to be the “information poor.” This
imbalance results in situations where the original “owners”
of the knowledge rarely receive a fair share of the proceeds.
Cooper, Marsha: Adoption: The Interests of Others and
Conflicting Court Rulings Threaten the Systems Used
for States and the Native American Tribes.
Conflicting state and federal rulings in adoption
cases and the interests of Native American Tribes along
with various religious groups will be discussed along with
the effects on the prospective adoptees. In addition, the
paper will focus on the need of changes in the adoption
processes and the need for consistency among the state and
federal courts while looking into the issue of tribal
sovereignty.
Chapman, Jennifer: See Jason Gordon
Christiansen, Linda: Online Discussion Forums as Part
of an Online or Face-to-Face Course.
As more education moves to online, either by a
hybrid/blended format or completely online, educators need
to develop engaging and effective online assignments.
Online discussion forums are an effective tool, not only to
incorporate online platforms, but also to give students
practice applying course material to real-world business
situations. These assignments are particularly suited for law
and ethics classes.
Cowart, Tammy, Kurt Schulzke, and Sherry Avery:
Whistleblower Lawsuits: Using Classification Trees to
Predict Outcomes.
The number of high-profile whistleblower
lawsuits has increased in recent years. However, some of
these lawsuits appear to be more successful than others for
the whistleblowers. The authors collected data from years
of whistleblower litigation and use classification trees to
analyze the data. From this analysis, we discuss factors
which determine successful outcomes for whistleblowers.
Ciocchetti, Corey: The Corporation as Person:
Religious Expression, the First Amendment &
Obamacare.
In the Hobby Lobby case the Supreme Court
dealt with whether corporations are able to express religion.
This dovetails with other corporate personhood rights the
Court has found constitutionally required such as political
speech. These decisions cause quite an uproar. This paper
discusses an ethical and legal approach to this issue using
the current Constitutional structure.
Cowart, Tammy and Barbara Wooldridge: Dead
Celebrities Perform Live on Stage - Collision of Patent,
Copyright, and Right of Publicity Issues.
Michael Jackson recently performed a previously
unreleased song at the Billboard Music Awards, years after
his death. This was possible with the use of hologram-type
technology. The owner of the patents covering the
technology sued the owner of the copyright for Michael
Jackson's performance. A discussion of this collision of
intellectual property issues is presented.
Ciocchetti, Corey: The Supreme Court 2013-2014
Term: The Business Implications.
This paper evaluates the current term of the
Roberts Court and its business implications.
Clarkson, Gavin, Clint Elkins, and Harikumar
Sankaran: Illiquid Indians: How Federal Statutes and
Regulations Impose Discriminatory Penalties on Tribal
Governmental Securities.
Under the Securities Exchange Act of 1934, all
securities offered to the public must be registered with the
SEC unless the law provides an exemption. Traditional
municipal debt is exempt from registration, but tribal
government debt is not, even though tribal municipal debt
is bought and sold in the same marketplace. Therefore
tribal municipal debt is less liquid than comparable
municipal debt that is exempt from registration. This lack
of an exemption is detrimental to tribes’ abilities to employ
debt finance, to perform the municipal functions they are
required to perform, and to lay the foundations for tribes’
economic development.
Cox, Anthony: See Joshua Perry
Cox, Dena: See Joshua Perry
Cruz, Jason: MMA and the First Amendment.
The ongoing battle to legalize live professional
MMA continues in the state of New York. The UFC has
challenged the state's ban of its sport in court which
included a challenge under the First Amendment. This
paper looks at the challenge under the First Amendment.
Clarkson, Gavin, Anjali Patel, and Marshall Van
Alstyne: 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 which creates a potential advantage when the parties
interact. As the quest for innovations based on information
obtained from indigenous populations has grown into a
59
shareholder wealth maximization (SWM) and how
stockholder syndrome arises from this interrelationship.
Section III examines major groups that have claims to
primary decision-making power over corporate concerns.
Section IV develops a normative stockholder theory model
of external controls, which allocates primary decisionmaking to stockholders. Section V lays out a good trust
model of internal controls.
D
Davis, Laura: Business and Big Brother - A New
Paradigm.
Recent actions taken by the NSA toward private
citizens does more than raise the unpleasant specter of Big
Brother and concerns about civil liberties. The scope of
access the federal government has into information
collected, stored and used by businesses raises concerns
about how business can protect proprietary information,
plan for unauthorized release of data by third parties, and
otherwise adjust to surveillance powers broadly exercised
by the federal government. This paper will examine the
laws and regulations that enable the government to acquire
information from businesses and their employees without
their knowledge, and actions businesses are taking in
response.
Dworkin, Terry Morehead: See Denise Farag
Dworkin, Terry Morehead: See Cindy Schipani
E
Earle, Beverley and Marianne DelPo Kulow: The
'Deeply Toxic' Impact of the Abolition of Mandatory
Retirement Coupled with the Existence of Tenure in
Higher Education: A Proposal for Statutory Change.
This article examines the history of the Age
Discrimination Act (ADEA) and its impact on universities.
The law contained an exemption for tenured faculty in
higher education until December 31, 1993. The paper
proposes a statutory change that would reinstate the
exemption for tenured faculty in higher education (much
like the public safety exemption was reinstated). Our
proposal allows tenure to expire at 70 and thereafter
professors would have to be treated in a non-discriminatory
way. We conclude with a justification of this proposed
change based upon the future viability of higher education.
Davis-Nozemack, Karie: The Necessity of the Tax
Whistleblower.
This paper is about the role of whistleblowers in
tax compliance. It argues, using polycentric governance
theory, that an expanded role for whistleblowers would
have a positive effect on tax compliance.
Davis-Nozemack, Karie: See Sandy Miller
de la Torre, Cris: Too Big to Fail: How to Limit the
Future Fallout.
In 2008, the U.S. financial system suffered the
most severe financial crisis since the Great Depression.
AIG, Fannie, Freddie, Indy Mac, Country Wide, Bear
Sterns, Merrill Lynch, Lehman Brothers, and others
became casualties of the mortgage related meltdown that
required significant intervention by the Federal Reserve. In
the following years, Congress grappled with the appropriate
response. The legislation that passed in 2010 has produced
an even larger concentration of bank assets in the U.S. This
paper discusses the principles that caused the problems and
why these solutions will not work in long run.
Eisenstadt, Leora: Putting Causation in Context:
Burrage v. U.S. and the False Equivalency between
Employment Discrimination and Criminal Law.
This Article critiques the Supreme Court's
Burrage vs. United States opinion and its equivalency
between factual causation standards in criminal law and
employment discrimination. The Court typically cautions
that statutory language must be interpreted in context, yet
continues to import meaning across statutes without
considering statute type, policy goals, or overall
functioning of causation. In Burrage, the Court takes this acontextual approach further, drawing an illogical
equivalency between criminal law and discrimination. This
Article examines the history of "but-for" causation in
employment, explores the problems with Burrage, and
details why it may negatively impact discrimination
doctrine into the future.
Desai, Deven: See John Bagby
Dhooge, Lucien: The First Amendment and Disclosure
Regulations: Compelled Speech or Corporate
Opportunism?
This manuscript analyzes challenges to disclosure
regulations by businesses and trade associations on the
basis that they unconstitutionally compel speech. These
challenges raise issues regarding the type of speech
required by the regulations, the governmental interests at
stake, and the appropriate level of scrutiny. Resolution of
these issues has been complicated by conflicting court
decisions and the absence of clear guidance from the U.S.
Supreme Court. The manuscript concludes the majority of
constitutional challenges should be determined utilizing the
reasonable relationship standard while a smaller subset of
such challenges should be analyzed utilizing the
intermediate scrutiny standard.
Elkins, Clint: See Gavin Clarkson
Elzweig, Brian: Civilian and Commercial Drones are
Coming, Are We Ready?
In 2012 Congress passed the FAA Modernization
and Reform Act which requires the FAA to pass
regulations for the safe integration of civil unmanned
systems into the national airspace by September 30, 2015.
Until these regulations are put into place, the FAA has
taken the position that commercial unmanned aerial
systems may not be flown in the United States. This was
called into question by the 2014 case Huerta v. Pirker. This
paper addresses the regulations that will be created as well
as other legal and practical matters regarding unmanned
aerial systems.
Diener, Keith: Normative Stockholder Theory and the
Allegory of Stockholder Syndrome.
This essay utilizes normative stockholder theory
to develop an allegory of stockholder syndrome. Section I
labels and defines the theory of traumatic bonding. Section
II discusses the influence of traumatic bonding upon
60
Emerson, Andrew: President Obama: Constitutional
Utilization of Executive Privilege or Usurper of
Legislative Authority.
This is an academic paper that surveys the issues
and conflicts that have arisen between the executive and
legislative branches during the Obama administration and
highlights and analyzes various issues in the areas of
prosecutorial discretion, presidential inaction in areas such
as the Controlled Substances Act and immigration, the use
of the Executive Order, and recess appointments.
Emerson,
Robert:
Franchising
Constructive
Termination: Quirk, Quagmire or a Solution for
Problematic Relations?
The Supreme Court has decided that the
constructive termination of franchised gas dealerships must
involve actual abandonment by franchisees. However,
related fields of American law, and other nations' franchise
law, show that a more refined view of constructive
termination - embracing the franchisees' possible continued
operations under the franchise network's trademark presents a fairer, more efficient standard reflecting the
particular parties' expectations and, more generally, the
norms for most franchised enterprises.
Emerson, Robert: Judges as Guardian Angels: The
German Practice of Hints and Feedback.
The
German
practice
of
Richterliche
Hinweispflicht is a judicial duty to give hints and feedback.
The German judge asks questions of the parties designed to
clarify and sharpen the key facts and issues and give the
parties a chance to correct matters. This also ensures that
parties understand all matters that could affect a case's
outcome. There are four areas of American civil procedure
where this kind of judicial participation could increase
without overwhelming resistance and with a strongly
positive effect: pre-trial conferences, pre-trial scheduling
orders, use of special masters, and the calling and
questioning of witnesses.
F
Farag, Denise: See Ida Jones
Farag, Denise and Terry Morehead Dworkin: A Taxing
Process: Whistleblowing under the I.R.S. Reward
Program.
U.S. taxpayers report tax on worldwide income.
One tool used to reduce the “tax gap,” the difference
between the amount taxpayers owe and the amount
voluntarily and timely paid, is the IRS Whistleblower Act.
The Act offers financial incentives—a percentage of the
proceeds actually recovered—for claimants alerting
officials to violations of the Tax Code. This Article places
the IRS Whistleblower Act in an international context.
Next, it compares and contrasts the IRS Whistleblower Act
with other federal and state whistleblowing statutes.
Deficiencies of the Act are then identified. Finally, this
Article recommends how the IRS Whistleblowing Act can
be improved.
Emerson, Robert: Curbing Costs: Integration of the
French Constat into the American Legal System.
In France and many other Civil Code nations,
there is a long tradition of permitting or even encouraging
the use of written reports relating facts likely to lead to
legal consequences. This report, known as a constat (more
formally, a "constatation") in France, is prepared by a
legally trained court officer, and it may be either ordered by
a judge or requested by an individual. The constat has no
American counterpart, but there would be many benefits to
introducing it into the American legal system.
Farmer, Kevin: Are An Employer's Promises of
Neutrality and Facilitation in a Union Organizing
Campaign 'Things of Value' Under Section 302 of the
Labor Management Relations Act and, If So, Does That
Statute Authorize a Private Right of Action?
Section 302 of the Labor Management Relations
Act makes it a crime for an employer to promise or provide
anything of value to a union that represents or seeks to
represent its employees. The Eleventh Circuit recently held
that an employer’s promise to remain neutral and facilitate
a union’s organizing drive were things of value. In so
holding the court deviated from decisions of the Third and
Fourth Circuits. An argument is made that neutrality
agreements are not things of value. Moreover, even if such
agreements were things of value, the LMRA does not
authorize a private right of action.
Emerson, Robert: Franchise Terminations: 'Good
Cause' Decoded.
The body of law surrounding franchises is far
from uniform, including laws governing the termination of
franchises. "Good cause" for termination is usually defined
narrowly by statutes or court decisions as the failure of a
franchisee or dealer to comply substantially with essential
and reasonable requirements imposed by the franchisor or
supplier. However, variance creates uncertainty,
inefficiency, and injustice. By collecting and examining
342 cases dealing with franchise termination, the author has
performed statistical analyses on the frequency, trends, and
likelihood of courts reaching a "good cause" outcome. The
results point to significant reforms that should be instituted.
Ficht, Linda: Employment at Will Versus Social Media:
The Winner is Still Unknown.
A significant employment law issue currently is
the use of social media in the selection process. This issue
is an extension of the new practice of employers scouring
the internet for information regarding employees which
began to receive attention in 2010. In this manuscript I will
describe two main issues. The first issue is related to
employer use of social media accounts in selection. The
second issue is related to employers demanding job
applicants to turn over passwords to their social media
accounts. Both of these practices have pitfalls for the
employer and if they intend to use these practices, they
must proceed with caution.
Emerson, Robert: Franchises as Moral Rights.
A key issue in U.S. franchise and intellectual
property rights law is ownership of "intangibles" such as
reputation. To respect law and theory while conforming to
practical concerns may seem impossible when confronting
the problems plaguing franchise law, particularly the
ownership of a franchise brand's goodwill. However,
federal legislation applying moral rights concepts could
address the intangible but invaluable aspects of franchise
ownership. Such rights would protect both franchisees and
franchisors.
61
Ficht, Linda: A Weighty Issue: How Can Employers
Take Adverse Employment Action Against an Obese
Job Candidate Without Running Afoul of the ADA?
This paper will examine the issue concerning
employers refusing to hire an obese person due to their
appearance. Case law states that obesity is not protected
under the ADA, whereas morbid obesity may be protected.
However, what if the obesity is caused by a medical
condition protected by the ADA? Medical conditions
cannot be inquired about until AFTER a conditional offer
of employment. Thus, how can an employer protect itself
when making a weight based hiring decision when it
pertains to a person that is less than morbidly obese?
Ghahramani, Salar: Sovereign Wealth Funds and
Human Rights Protection.
The state's role in achieving human rights
objectives through the markets has been multifaceted,
ranging from its traditional usage of hard power in the form
of FDI-based economic sanctions to imposing portfoliobased investment prohibitions on public funds as an attempt
to prevent the expenditure of national or sub-national
resources on ventures that could make the state complicit in
human rights violations. The latter approach is relatively
new and has been utilized by public pensions and sovereign
wealth funds. This paper analyzes the international law
implications of human rights-based investment decisions by
these entities.
Forsythe, Lynn: See Deborah Kemp
Gibson, Sarah and Brad Reid: Share and Steal Alike:
The Evolution in Society’s Understanding of Copyright
and Fair Use.
Society’s understanding of copyright continues to
evolve over time. From the printing press to the Xerox
machine, copyright law has adjusted to the changes
presented by new technologies. The emergence of digital
cameras and social media present a unique challenge for
copyright law. Current technological advances make it
easier to remove, reuse, or remix someone else’s media.
This article will explore how the current remix culture
understands copyright and fair use.
Fort, Tim: See Scott Shackelford
Foster, T. Noble and G.A. Lasprogata: Social
Entrepreneurship: Improving Conditions on the
Ground-Using Technology in the Cloud.
Today's business leadership reflects the evolving
intention that businesses should have a more responsible
role in global society. This is Social Entrepreneurship,
defined as the process of creating innovative business
solutions to the world's most pressing social problems.
What happens when social entrepreneurs seek the best
technological solutions to accomplish their mission-driven
business strategies? They look to emerging cloud
technologies. This paper describes an advanced teaching
vehicle to facilitate student learning about cloud
technologies and attendant legal and regulatory issues
through the use of a simulated contract negotiation
exercise.
Gibson, Sarah: See Brad Reid
Gold, Gary: Positive Discrimination Across the
Atlantic: A Comparative Analysis of UK and US Race
Conscious Positive Action to Promote Substantive
Equality of Employment.
This research undertakes a comparative analysis
of the extent to which positive or affirmative action is
permissible in the UK and the US in promoting substantive
racial equality of employment. The comparison attempts to
identify the similarities and differences in the positive
action models in these two jurisdictions. The positive
discrimination conundrum focuses on the difficulty of
locating the equilibrium point balancing the need to provide
a means for redressing structural racial inequality in
employment whilst preserving the principle of equal
treatment characterized by the notion that employment
decisions should be made on the basis of relevant
characteristics and merit.
Foster, Terry: See Melanie Williams
G
Gala, Sona: See Arthur Gross-Schaefer
Gantt, Karen: Religion, Inc.: Implications of
Corporations Having Freedom of Religion Rights.
Courts are grappling with the issue of whether, in
light of the Citizens United decision, for- profit
corporations are “persons” entitled to protection under the
Religious Freedom Restoration Act. Currently under
consideration is whether a corporation, as a separate and
distinct entity, can assert the religious rights of its owner or
whether religious rights are purely personal to the owner.
First amendment freedom of religion rights for corporations
and other for -profit entities also raises important policy
implications including whether corporations can practice
discrimination based on religious belief. An example is the
Elane Photography, LLC case.
Goldberg, Hilary and Nanci Carr: When Does
Compensation For 'Time Spent Under The Employer's
Control' Include Pre and Post Shift Waiting and Other
Activities?
In the face of continued economic uncertainly,
employers are increasingly turning to temporary staffing to
meet immediate workforce needs as a way of filling a
current staffing gap without investing in a long-term
commitment to an employee. The Fair Labor Standards Act
of 1938 requires that employers pay employees, including
temporary employees, for all “hours worked,” so the
question is what constitutes hours worked for the temporary
worker? The answer generally comes down to “time spent
under the employer’s control” but what does that mean?
Does the employer need to exercise control over the
employees’ choices, or just their actions?
Gelman, Wendy: See Frederick Perry
Generas, George: A Review of the Current Status of
Tort Reform.
This paper discusses the current issues in the
ongoing drama of Tort Reform. Various state legislations
are discussed along with a review of federal discussions
and activity of the various organizations lobbying for or
against tort reform.
62
explains how the CBA has wrongly affected college
seniors. The paper concludes with a proposal that would
guarantee drafted college seniors a signing bonus of at least
a certain monetary amount. This solution would fix the
problem at hand, protect college seniors, and encourage
more college players to finish with their degrees.
Goldberg, Ilene: Matters of Life and Death: End-of-Life
Choices.
This paper examines legal and ethical issues
pertaining to end-of-life decisions. Specific topics include
recent developments regarding withdrawal of lifesustaining medical treatment, assisted suicide, and
euthanasia.
Grace, Kelly: See Susan Willey
Gordon, Gwendolyn: Maori Acumen: Talking Business
and Talking Culture in an Indigenously Owned
Corporation.
Our understandings of what corporations are why they exist, who they serve, what they consist in matter for the way legal and ethical responsibilities become
imputed to them. Attention to the lived experience of firm
boundary-making, of the always-contingent nature of the
corporation, is crucial to its legal theorization. I introduce
ethnographic evidence showing that these processes
develop in peoples' negotiation of relationships between
corporations, shareholders, and wider social groups - such
as, for my interlocutors, shareholders' tribes. I demonstrate
the grounded means by which a corporate "self" is formed
and address the wider implications of these processes.
Grauberger, Kevin: See Robert Sprague
Greene, Stephanie and Christine O’Brien: The EEOC's
Duty to Conciliate Before Filing Suit.
In a recent case of first impression before the
Seventh Circuit, EEOC v. Mach Mining, LLC, the court
created a circuit split in a decision that the EEOC hailed as
a major victory in Title VII jurisprudence. The court
refused to allow the respondent's affirmative defense
seeking judicial review of the EEOC's conciliation efforts.
This outcome was contrary to that of the Second, Fourth,
Fifth, Sixth, Eighth and Tenth Circuits, all of which have
allowed the defense. Mach Mining presently awaits the
Supreme Court's decision on its petition for certiorari.
Gordon, Jason, Benjamin Akins, and Jennifer
Chapman: The Case for the Regulation of Bitcoin
Mining as a Security.
The use of virtual currencies, including bitcoin,
continues to increase throughout the world. The process for
introducing new bitcoin into the system is known as
"mining". The reward for successfully undertaking this
process is the creation and award of new bitcoin to the
miner. Mining pools have developed which allow
individuals to passively invest money in a bitcoin mining
pool in exchange for an interest in the proceeds from the
mining activity. This paper explores the regulation of these
bitcoin mining pools under the federal securities regulation
regime, including the Howey test, and applies existing
judicial interpretations to highlight the need for increased
focus on the bitcoin mining process.
Greene, Stephanie: See Craig Morris
Greenhaw, Bill: See John Norwood
Gross-Schaefer, Arthur, Sona Gala, Jillian Jaccard, and
Luke Vetter: Being Honest about Tenure in the United
States: The Need for Tenure System Reform within
Institutions of Higher Education.
Various issues surrounding tenure at the
university level and a list of alternative solutions are
presented in the context of the history and justification for
the tenure system. While tenure provided a shield of
protection for a professor's research and statements, it has
also become a shield used to protect professors who do not
keep current, do not continue their scholarship activities or
do not want to be engaged with activities normally
associated with an involved academic. The paper concludes
with a list of alternative solutions and the call for an open
and honest discussion regarding tenure in higher education.
Gordon, Jason: Law and Entrepreneurship Education:
Bridging the Divide between Entrepreneur and
Attorney.
This article is pedagogical and addresses the
question, how can legal education in the business school
setting promote entrepreneurial activity or efficiency?
Grow, Nathaniel: Regulating Professional Sports
Leagues.
Four monopoly sports leagues currently dominate
the U.S. professional sports industry. Federal antitrust law
has failed to effectively govern these leagues due to their
unique economic characteristics, and as a result they have
used their largely unchecked monopoly power to injure the
public in various ways. Unfortunately, the existing
literature's proposed remedies for this problem are both
impractical and unlikely to be effective. This article instead
offers an alternative solution: the creation of a federal
sports regulatory agency. Indeed, a specialized agency
could ensure that the leagues do not harm the public
interest, while also accommodating their unusual economic
structure.
Gordon, Jason: Perception, Trust, and Control: The
Value Effect of Venture Capital Term Sheet Provisions
as Risk Allocations Tools.
The level of risk perceived by each party in a
venture capital transaction affects the level of trust between
the parties and drives or motivates the varying levels of
control allocated to each party. Understanding risk
perception allows for the negotiation of term sheet
provisions that optimize the performance of an overall
value creation within the business venture.
Gordon, Jonathan: Foul Ball: Major League Baseball's
CBA Exploits College Seniors in the MLB Draft.
Every year, in Major League Baseball's Amateur
Player Draft, college seniors routinely receive signing
bonuses well below the amount that the league
recommends for them. This paper focuses on Major League
Baseball's most recent collective-bargaining agreement and
its impact on the MLB Draft. Specifically, this paper
Guth, Jessica: See Patricia Pattison
Guy, Donald: See James Holloway
63
'Proximate Cause': Is It Time for Reevaluation in Light
of Developing Tort Law in England and the U.S.?
The evolution of tort law followed similar tracks
in both the U.S. and U.K evolution of common law.
However, a major shift occurred in the late 19th and early
20th centuries in the U.S. with the introduction of
"forseeability" into the established "but-for" test for tort
causality resulting in the recognition in the U.S. of
"proximate cause." Such an evolution did not fully occur in
the U.K. This paper explores that history and current
application.
H
Hanson, Randall: Employment Law: Overtime Pay for
Accounting Professionals.
The Big Four Firms all are facing class action
lawsuits claiming that staff accountants are entitled to be
treated as hourly workers and as such are entitled to back
pay for unpaid overtime hours. The accounting firms are
taking the position that staff accountants are salaried
workers who are not entitled to overtime pay. The outcome
of this litigation will have a significant impact on the salary
practices of the profession.
Herron, Dan: See Stephen Lichtenstein
Harris-Ransom, Lori: Accounting in the Cloud: Legal
Issues Involved in Cloud Service Agreements for
Accountants.
The use of cloud business services is prolific but
clarity of an array of legal issues associated with these
agreements remains murky. Practitioners enter into service
agreements with cloud servicers unaware of legal pitfalls to
themselves should something go awry. Practitioners may be
liable to their accounting clients even though the
accounting practitioner had no control of the adverse event
at the servicer level. The practitioner may be unaware that
there are other entities which may have legal rights to
intervene in the contract. This article addresses legal issues
associated with cloud computing agreements as applied to
the Accounting practice.
Hess, David: Combating Corruption in International
Business: The Big Questions.
For this essay, "big" questions are those that
cause us to think about what anti-bribery laws should be
trying to accomplish. These questions relate to
understanding why corporations pay bribes, what
corporations need to do to stop paying bribes, and how to
encourage corporations to combat corruption beyond their
organizational boundaries. I consider these questions from
the perspectives of business ethics and corporate social
responsibility. From these perspectives, we see the need for
corporations to stop thinking about anti-bribery as just a
legal compliance issue, but as an ethical issue that must be
supported by a strong, values-based corporate culture.
Hickox, Stacy: Reconciling Social Justice vs. Public
Safety in the Hiring of Ex-Offenders.
The 1,600 adults leaving prison each day are
looking for work. The barriers to employment they face
include a myriad of mandated state and federal restrictions
on employment and occupational licenses. Because these
restrictions can have a disparate impact on applicants of
color and those with disabilities, the restrictions should be
job-related and fulfill a business necessity. Employers need
to know which restrictions they should follow, and which
could result in a claim of discrimination. This paper will
explore the potential for states to justify these broad
restrictions, or whether at least some could be preempted
by federal non-discrimination standards.
Harris-Ransom, Lori: See Ida Jones
Harshman, Ellen: See Eric Yordy
Haughey, Daniel: See Dan Herron
Hayward, John: The Free Exercise Clause: Fealty to
God or Caesar?
When the U.S. Constitution was drafted, the First
Amendment included the Free Exercise of religion. This
essay will review the historical background of the Free
Exercise clause, examine the most significant U.S.
Supreme Court decisions that have defined, expanded and
limited the free exercise of religion, compare and contrast
the Hobby Lobby and Conestoga Wood cases that are
currently before the U.S. Supreme Court, and finally
advocate that the Court adapt a new free exercise test based
on the writings of seventeenth century political philosopher
John Locke (1632-1704) that maximizes religious freedom.
[1] Simon & Schuster, New York, NY (1996).
Hiller, Janine: Civil Cyber Conflict: Microsoft,
Cybercrime and Botnets.
Microsoft has led a concerted, sustained fight
against cyber criminals by using traditional legal theories
and civil actions to dismantle networks, known as botnets,
which are responsible for cybercrimes worldwide. This
article discusses the civil cases, the legal precedents
established, and proposes four lenses for understanding the
changing nature of the private role in cyber security.
Hedges, Peggy: See Sandra Malach
Herickhoff, Penny: See Georgia Holmes
Hiller, Janine: See John Bagby
Herron, Dan and Daniel Haughey: University
Disciplinary Hearings: A Miscarriage of Justice.
Administrative hearings have relaxed the socalled technical rules of formal, judicial hearings. However,
many educational disciplinary hearings have abandoned
any semblance of the "rule of law", "justice," and "common
sense" by ignoring long-developed and solid due process
requirements. This paper explores that startling and
disturbing development.
Hiller, Janine: See Jody Blanke
Holcomb, John: See Jeffrey Boles
Holloway, James and Donald Guy: Expanding Theory
by Applying Doctrine to Justify Heightened Scrutiny:
Reaffirming Dolan in Knootz by Broadening Doctrine.
A regulatory takings issue involving a land
dedication condition was decided by the United States
Supreme Court three decades ago. This condition required
a landowner to grant government an easement. The
Herron, Dan, Elisabeth Silvaggio, and Laura Powell:
Reviewing an Old Controversy of 'But-for' vs.
64
Rehnquist Court decided the takings issue and applied the
unconstitutional conditions doctrine to justify more
protection of the right to receive just compensation. This
protection required heightened scrutiny of land dedication
conditions. The Roberts Court faced a similar issue and
followed the Rehnquist Court by requiring heightened
scrutiny of impact fees. The Roberts Court's approach to
developing regulatory takings jurisprudence points to little
change from the Rehnquist Court.
are played for economic values that take precedence over
competitiveness. Part I discusses whether scheduling such
FBS vs. FCS games is ethical. Part II provides qualitative
data, acquired through candid face-to-face interviews with
10 university presidents addressing what they have learned
from unethical conduct in the college sport arena, and
whether they believe FBS vs. FCS scheduling as currently
practiced is ethical.
J
Holmes, Georgia and Penny Herickhoff: Patenting the
Human Genome: Private Property, Profit and Public
Policy.
No story better illustrates the storm surrounding
the wisdom, ethics and economics of human gene patents
than the story of Myriad Genetics and its patenting of the
BRCA1 and BRCA2 genes. In the 1990's Myriad
Laboratories received gene patents in the U.S., Canada, and
Europe for gene sequences which identify breast cancer
mutations. The EUater invalidated the patent on the
BRCA1 gene and awarded the patent for the BRCA2 gene
to a British laboratory, but Myriad's patents remained valid
in the U.S. until they were invalidated by the U.S. Supreme
Court in Association for Molecular Pathology vs. Myriad
Genetics, Inc.
Jaccard, Jillian: See Arthur Gross-Schaefer
Jebe, Ruth: Corporate Sustainability Reporting: The
EU Modernization Directive and Harmonization of
Reporting Standards within the European Union.
Corporate sustainability reporting has increased
significantly over the past decade. Recognizing this trend,
the EU passed the EU Modernization Directive, amending
existing EU law to require reporting of non-financial
information. This paper investigates the impact of the
Modernization Directive through the legal concept of
harmonization, i.e., the development of common standards
to make possible the EU internal market. Excessive
harmonization stifles regulatory competition, while
insufficient harmonization undermines the purposes of EUwide regulation. This research looks for the effects of the
Modernization Directive and its goal of harmonized
reporting laws by examining EU member states' laws and
European company reports.
Hotchkiss, Carolyn and Cheryl Kirschner: Title IX and
Academic Freedom in the College and University
Classroom: Coexistence or Conflict?
Title IX of the Education Amendments of 1972
prohibits sex discrimination in educational programs that
receive federal financial assistance. The scope of Title IX
has expanded with the "Dear Colleague" letter in 2011 and
2014 regulatory guidance. Universities have had to make
changes to sexual assault, discrimination, and harassment
policies, creating an almost inevitable conflict with
traditional conceptions of faculty academic freedom. This
paper explores the emerging requirements of Title IX in
classroom interactions between students and professors. It
examines the clash between the goals of Title IX and the
preservation of academic freedom, and suggests paths of
practice through the conflicting interests.
Jennings, Marianne and Karen Morris: 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 classroom lessons.
Jones, Ida, Denise Farag, and Lori Harris-Ransom: So
You Wanna Use Technology.
Twitter. Clickers. Mobile Devices. Learning
Management Systems. Attend to find out what technology
tools have worked for these faculties. You will leave with
information so that you can add technology to improve
learning in your classroom.
Hotchkiss, Carolyn: See Stephen Lichtenstein
Houser, Kimberly: The Uncertain Future of Marijuana
Regulations in the State of Washington: What
Marijuana Business Owners Need to Know?
The recent passage and steps towards the
implementation of Initiative 502 in the state of Washington
has opened to the door for recreational marijuana
businesses. Despite the initial excitement, there are many
obstacles for business owners wishing to engage in such
business that are explored in this article. In addition to the
serious banking and tax issues facing such owners, the
uncertainty regarding potential federal action will be
discussed in terms of the Department of Justice’s Memos
regarding federal enforcement of marijuana laws.
Jones, Ida: See Deborah Kemp
Jurinski, James: Statutory Definitions of an 'Employee'.
Although the definition of an "employee" seems
a relatively simple matter, both legislative drafters and
judges have developed a number of conflicting definitions.
This variety creates both impediments and opportunities for
businesses that need to comply with various statutory
schemes.
Jurinski, James, Robert Malach, and Sandra Malach:
Looking Across the Border: Contrasting Canadian and
American Employment Law.
This panel of American and Canadian faculty
will compare & contrast some of the basic issues relating to
the terms of employment in our respective jurisdictions.
We will explore the application and terms of employment
standards legislation, its interpretation and generate some
Huckabee, Gregory: Is it Ethical to Sell a College Sports
Team to Play another Team of Lesser Competitive
Skill?
Intercollegiate sport and the NCAA have faced
many controversies. One controversy gaining attention is
Football Bowl Subdivision (FBS) teams that pay Football
Championship Subdivision (FCS) teams for games. Some
argue competitiveness does not matter because these games
65
lively discussion regarding the implications for both the
employee and business. Selected topics will include:
employee costs; difference between employees and
independent contractors; statutory leave and employee
termination.
Amendment. If so, what are the limits of this protection,
especially when a trademark holder argues that the parody
is diluting his or her trademark by either blurring or
tarnishment? The authors will analyze the cases and make
recommendations for change.
K
Kingery, Amber: Rita-Marie Cain Reid
Kirschner, Cheryl: See Carolyn Hotchkiss
Kaeb, Caroline: Putting the ‘Corporate’ Back into
Corporate Personhood: A Comparative Legal Analysis.
The doctrine of corporate personhood has had
polarizing effects on the debate about the role of
corporations in society. Conducting a comparative analysis,
the paper illustrates the importance of corporate theory for
the evolution of U.S. doctrine and examines the normative
implications of the theoretical approach by European
Courts. Recourse to corporate theory can help untangle the
oxymoron, whether corporations have human rights, by
addressing the interests of a corporation’s human
constituents. Corporate theory informs corporate
constitutional rights and avoids intra-corporate conflicts
with competing interests of shareholders and stakeholders.
In essence, we should put the “corporate” back into
corporate personhood.
Kisska-Schulze, Kathryn: See Darren Prum
Klaw, Bruce and Tricia Olsen: Do Investors Care about
Corporate Wrongdoing? An Empirical Study into the
Materiality of Revelations of Corporate Malfeasance.
Over the last century, efforts have been made to
encourage disclosure of corporate misconduct in the hopes
that disclosure will foster prevention. Nevertheless the
public often remains unaware of corporate misconduct
because disclosure often is not mandated and the
corporation chooses not to voluntarily disclose questionable
conduct. A key determinant for whether corporations must
disclose certain negative events to the investing public is
whether such events are deemed “material” facts. In this
paper, we aim to better identify “material” facts by
conducting an empirical analysis of how investors respond
to public revelations of malfeasance involving the Fortune
50 companies.
Kaminer, Debbie: Mental Illness in the Workplace and
the ADAAA.
The ADA Amendments Act of 2008 (ADAAA)
and the accompanying EEOC regulations were passed in an
effort to broaden the scope of protection for disabled
employees under the ADA. This article examines how
courts have analyzed claims of employment discrimination
by employees with psychiatric disabilities under the
ADAAA and the accompanying EEOC regulations. The
article will specifically examine whether mentally ill
employees are more likely to be successful in post ADAAA
cases than in pre ADAAA cases. The article will also
compare the treatment of psychiatrically ill employees and
physically ill employees under the ADAAA.
Knopf, John: See Robert Bird
Kong, Sue: See Nancy Lasher
Koretz, Lora: Counterfeiting: Dangers to Consumers
and Businesses Alike.
The paper discusses the growing problem of
counterfeiting, the laws preventing it and the dangers to
consumers and liability that companies face when they
allow counterfeit goods in the supply chain.
Koval, Michael, Seth Lipner, David Orozco, Marcia
Staff, and Charles Thomas: Jack is Back! How Bistro
24 has been Adapted and Transformed.
In 2012, the First-Day-of-Class Activity, Bistro
24, was introduced to the academy at the Charles M. Hewitt
Master Teacher Symposium. The activity uses a “worst day
of your life” scenario, borrowed from the popular television
show 24, in which a restaurant owner faces legal challenges
throughout the day, and students are asked to analyze these
challenges using only what they already know about the
law. Panelists will discuss how they have adapted and
transformed this activity to their unique classroom
situations, share their successes and failures with the
activity, and suggest ways to improve the activity based on
their experience.
Karns, Jack: See Fred Schadler
Katsos, John and Tor Brodtkorb: Fighting Corruption
to Enhance Peace: The FCPA, Conflict Zones, and
Changing DOJ Standards.
The purpose of our paper is to propose a shift in
enforcement of the FCPA to focus on companies operating
in conflict-sensitive countries. Using existing research on
business and peace and the FCPA, we will explore how the
current literature in strategic management and development
economics impacts the FCPA’s original intention to
support US foreign policy, specifically in how the
enforcement of the FCPA could help to reduce conflict
abroad. We will then examine the potential consequences
of such a shift in focus on enforcement actions by the US
government and due diligence efforts by US corporations.
Koval, Michael: Sex, Beer, Wings, and Lawsuits: Using
Hooters to Teach Employment Discrimination Law.
The purpose of this paper is to provide instructors
with a 3-hour lesson plan, for use in a Legal Environment
course that introduces and explores the laws of employment
discrimination as they apply to one company, Hooters. By
using numerous lawsuits filed against Hooters in the past
decade, students can easily visualize the discriminatory
behavior, learn the general rules, and begin to understand
the complexity of legal issues. As an added benefit, many
of the lawsuits are settled quietly, so the legal issues,
Kemp, Deborah, Lynn Forsythe, and Ida Jones: Parody
in Trademark Law: Dumb Starbucks Makes
Trademark Law Look Dumb.
Comedian Nathan Fielder opened a coffee shop
which looked like a Starbucks, but he put the word "dumb"
in front of the Starbucks name. Fielder justified his
behavior based on the concept that he had created a parody
of Starbucks. The paper explores whether parody of a
trademark is entitled to protection under the First
66
having not been adjudicated, are ripe for discussion in the
classroom.
student-engaged opportunity for the development of cases
to be discussed in class.
Kulow, Marianne DelPo: ENDing Sexual Orientation
Workplace Discrimination: A Proposal to Amend
ENDA So That Congress Will Pass It.
The Employment Non-Discrimination Act
(ENDA) would create a nationwide prohibition against
workplace discrimination based on sexual orientation.
Despite widespread public and business support, ENDA
has been rejected 10 times since 1994. In November 2013,
the Senate passed ENDA but the House won't vote. This
paper documents legal efforts to combat LGBT workplace
discrimination and suggests statutory language to enhance
the likelihood of House ENDA passage.
Landry, Rob: 'Stripping Off' Home Mortgages in
Chapter 7: A Lifeline to Debtors.
For over two decades bankruptcy courts have
struggled with the treatment of home mortgage liens in
consumer bankruptcy. The courts have developed different
approaches to home mortgage liens based on whether the
lien is under-secured or unsecured and whether the debtor
has filed for relief under Chapter 7 or Chapter 13. This
paper analyzes the case-law and policy arguments of each
approach. A statutory solution is advocated. Permitting the
strip off of totally unsecured home mortgage liens in
Chapter 7 will provide a lifeline to debtors and promote the
fresh start principle, a cornerstone of U.S. bankruptcy
policy.
Kulow, Marianne DelPo: See Beverley Earle
Kulow, Marianne DelPo: See Franklyn Salimbene
Landry, Rob and David Read: Bankruptcy Reform’s
Impact on Access to Bankruptcy’s 'Fresh Start' Policy:
Reforms Needed to Restore Access to Justice.
There is limited ability of qualified debtors to
access justice in the form of bankruptcy relief in the United
States. One-third of bankruptcy filers are below the poverty
level. In the words of one researcher, “debtors are simply
too broke to file.” This paper explores issues of access to
justice through the chapter 7 bankruptcy proceeding in the
United States, in particular, access to justice in the era
following the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (the “Reform Act”).
Kunkel, Richard: 'Specifically Irish' Copyright Law
Reform.
Ireland is one of many countries that have
considered copyright law reform recently. Like other
countries, Ireland is seeking to reform its copyright law to
foster innovation and creativity, and to remove barriers to
the expansion of its digital economy. While the Irish
Copyright Review Committee addressed many issues
common to reform efforts around the world, it has reached
its own conclusions, and proposed its own reforms,
including a "specifically Irish" fair use exception to
copyright. This paper will discuss the issues explored by
the Irish copyright law reform process and analyze its
propose solutions in light of reforms elsewhere.
Lasher, Nancy, Donna Steslow, and Sue Kong: Closing
the Loop or Jumping Through Hoops: The Impact of
Assessment on the Legal Studies Curriculum.
Outcomes assessment has become a mandatory
part of the life of Business School faculty and
administrators. Accrediting bodies, government agencies,
and parents and students want to know what knowledge
and skills tuition dollars are providing. Ideally, assessment
should provide for curricular improvement, but in some
cases assessment may be nothing more than a mechanism
for pressuring faculty to teach to a particular measuring
device. This paper explores the impact of legal knowledge
assessment in undergraduate business education.
L
Lacey, Kathleen: A Renewed Crackdown on Bribery
and Money Laundering in the Last Decade?
Comparative Evaluation of the Efficacy of
International, EU and U.S. Implementation of Policy
Reforms.
A Renewed Crackdown on Bribery and Money
Laundering In the Last Decade? Comparative Evaluation of
the Efficacy of International, EU and U.S. Implementation
of Policy Reforms. Since the authors published a paper in
2003 regarding money laundering, there have been
subsequent developments in the global and domestic arenas
that attempt to curtail business corruption, such as bribery,
and the frequently associated money laundering. This paper
examines those developments and current endeavors by
multilaterals, such as the OECD, NGO’s, and the
implementation through legislative and prosecutorial
efforts by the EU and U.S. government in the last ten years.
Lasprogata, G.A.: See T. Noble Foster
Lee, Konrad and Matthew Thue: A Classroom Activity
for Teaching the Fair Debt Collections Practices Act.
The paper provides a Legal and Ethical
Environment of Business professor with a Role play class
activity designed to allow students to apply their
understanding of the Fair Debt Collections Practices Act.
Lemper, Tim and Anthony Smith: A Variable Fame
Standard: National vs. Niche Fame for Blurring and
Tarnishment Claims.
The Trademark Dilution Revision Act of 2006
(TDRA) protects "famous" marks against dilution by
blurring and dilution by tarnishment. But the law requires
the same standard of fame-wide recognition by the general
consuming public of the U.S.-to qualify for protection
against either type of dilution. In doing so, the TDRA
rejects the "niche" fame standard adopted by some courts
under the Federal Trademark Dilution Act of 1995
(FTDA). The authors argue for a variable standard of fame
that requires "nationwide" fame for claims of dilution by
Lan, Gil: Business-Law Case Competitions: Student
Enthusiasm and Pedagogy Development.
This paper presents a series of three cases used in
a business-law case competition. It discusses how a hybrid
of mooting competitions and business case competitions
was specifically developed for law and business majors in a
business school program. In addition to discussing the
challenges, logistics and types of case law for this type of
competition, the paper also advances the proposition that
this case competition design - (a) promotes student
enthusiasm for learning law and (b) provides a unique,
67
blurring, but only "niche" fame for claims of dilution by
tarnishment.
for case study to illustrate the complexities of International
Investment and Dispute Resolution.
Lemper, Tim, Anthony Smith, and Linda McLeod:
Expanding TTAB Authority to Modify Descriptions of
Goods and Services under Section 18 of the Lanham
Act.
Section 18 of the Lanham Act gives the
Trademark Trial and Appeal Board the authority to modify
the description of goods and services in federal trademark
applications and registrations to reflect marketplace
realities. Despite this broad grant of power, the TTAB has
refused to sua sponte amend applications or registrations
unless the parties in a proceeding agree on the proposed
modification. The authors argue that a statutory change is
needed to give the TTAB explicit power under Section 18
to modify descriptions of goods and services in applications
and registrations, even where the parties cannot agree on
the proposed modification.
Lorentz, Romain: See Susan Marsnik
Luoma, Milton: See Vicki Luoma
Luoma, Vicki, Emmy Buboltz, and Milton Luoma:
Proportionality in Electronic Discovery: In Light of
Current Case Law Are the Proposed Changes to
F.R.C.P. Rule 26 Necessary?
Proportionality in electronic discovery, where
courts make every effort to balance costs of electronic
discovery with the potential value of the information
discovered to the resolution of the issues in the case, has
become the preferred approach to establishing reasonable
limits to the extent of electronic discovery in litigation.
Recent case decisions have reaffirmed the application of
proportionality to electronic discovery, yet proposals have
been offered that may unnecessarily alter the way
proportionality is applied. The authors conclude that the
proposed changes to Rule 26 are unnecessary in light of
recent case decisions that consistently apply proportionality
to electronic discovery.
Levin, Avner: See Jody Blanke
Levy, Alan: How Patterns of Dissent are Shackled in
Public Sector Organizations in Canada.
The thesis of this paper 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. My talk is on
whistle blowing and privacy law a comparative analysis
with the UK and USA with Canada. My study shall discuss
how Canada has failed in this regard.
M
Madek, Gerald: ERISA and IRA Funds: Planning for
Divorce, Death or Bankruptcy.
Employment Retirement Income Security Act
funds and Individual Retirement Account funds may be
treated differently in divorce, upon death, and in
bankruptcy. This paper analyzes recent case law and
statutes under the Internal Revenue Code and the
Bankruptcy Code and state case law and statutes and
proposes strategies to maximize various options available
to individuals under these Codes and case law.
Lichtenstein, Stephen, Mystica Alexander, Robert Bird,
Dan Herron, and Carolyn Hotchkiss: Using Technology
to Enhance the Classroom Learning Experience.
The panelists will demonstrate the value of
effective use of classroom technology in introductory
undergraduate business law courses such as the Legal
Environment of Business and graduate Business Law
courses. The panel would demonstrate a range of
technology from straightforward use of web sites to more
sophisticated tools such as clickers (Classroom Response
Systems) for real time feedback and podcasts, the use of
government websites for class discussions and assignments
(e.g., FTC, SEC, EEOC, FBI, CPSC, etc.). The materials
presented will also include the use of technology to
enhance discussion of international topics.
Magaldi, Jessica: Don’t Update Your Status Without
Knowing the Rules: How the NLRB Has Been Deciding
Cases Involving Social Media and What it Means for
Employers (and Employees).
As social media becomes more prevalent in our
society, the impact of social media on employment will
become more pronounced. Our article will analyze recent
cases where employees have been fired for their use of
social media and will look for unifying themes among the
cases to provide guidance to employers as they navigate
these uncharted waters. We hope to synthesize the disparate
rulings to advise employers and employees as to what
social media activities are legally protected and what
activities employers might appropriately restrict. We will
look at cases before the National Labor Relations Board
and the federal courts.
Light, Sarah: See Melanie Williams
Lipner, Seth: See Michael Koval
Liu, Junhai: See Cindy Schipani
Magid, Julie: See Liz Brown
Loafman, Lucas: Aguinda vs. Texaco: Who Needs a
Textbook for Learning about International Dispute
Resolution?
Litigation surrounding the original actions of a
Texaco subsidiary, Texaco Petroleum Co. (TexPet), in
Ecuador has been ongoing for over twenty years now. The
events and issues that have unfolded over this lengthy time
period have been both sensational and, more importantly,
covered the full gambit of almost every key issue discussed
in an International Law or Dispute Resolution textbook
chapter. This makes for a perfect educational opportunity
Maier, Steven and Nanci Carr: Without a Survival
Clause, Will That Provision be Voted out of the
Contract?
The current trend is to draft contracts that are
clear and concise without excessive legalese. One of the
ways to reduce the length of contracts is to eliminate some
of the miscellaneous provisions that may be superfluous.
Does that include survival clauses? Survival clauses state
that certain rights and obligations of the parties survive the
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expiration or termination of the contract. Is that necessary
to protect the rights of the parties or is it superfluous
legalese? What is the impact of the presence or absence of
a survival clause on rights and obligations of the parties to
a contract?
Mark, Gideon: Multijurisdictional M&A Litigation.
This paper examines the intractable problem of
multijurisdictional M&A litigation. Virtually all M&A
transactions result in litigation and more than 40% of deals
generate multiple suits in multiple jurisdictions. Currently
there is no procedural mechanism to consolidate these
duplicative suits, which increase litigation costs, waste
judicial resources, and raise the specter of inconsistent
rulings and collusive settlements. The paper concludes that
the optimal solution to the problem is amendment of 28
U.S.C. Section 1407 to provide the JPML with authority to
transfer litigation that is pending in different states to a
single state for pretrial management and trial.
Maitland, Ian: Bad (And Not So Bad) Arguments
against Shareholder Primacy.
In this paper, we critically assess some recent
arguments (as well as some refurbished ones) that have
been made against shareholder primacy. We conclude that,
given standard assumptions about the functioning of
competitive markets, the principle of shareholder primacy
does not violate the moral rights of other parties like
contractual stakeholders.
Mark, Gideon: See Jeffrey Boles
Malach, Robert: See James Jurinski
Marsnik, Susan and Romain Lorentz: Who Owns
Employee Created or Commissioned Works? Pitfalls in
a Globally Distributed Work Environment.
The U.S. concept of work made for hire and
related issues of ownership and authorship of copyrighted
works created by employees or independent contractors
have become particularly complexity in today's global work
environment. The U.S. employer-oriented approach to
copyright conflicts with that of the European Union civil
law systems and, to a lesser extent, with results under
Chinese and Indian law. This paper explores these
differences in an attempt to facilitate the management and
understanding of copyright ownership and authorship in a
globally distributed work environment.
Malach, Robert: See Sandra Malach
Malach, Sandra, Robert Malach, and Peggy Hedges:
Risk vs. Reward: Regulation and Access to
Crowdfunding.
Crowdfunding has become a significant source of
global, online, private business capital. This was
recognized by the passing of the 2012 JOBS Act that
required the SEC to amend its rules to facilitate this unique
method of equity financing. This paper provides
background on the crowdfunding industry and transactions;
reviews the crowdfunding provisions in the JOBS Act;
analyses the initial stakeholder feedback to the SEC in
preparation of the Proposed Rules, reviews the Proposed
Rules and analyses the current stakeholder comments on
the Proposed Rules to illustrate ascertain how the SEC
Rules align with the stakeholder comments.
Marsnik, Susan and Caroline Strevens: Lessons and
Reflections from across the Pond: How Should we
Educate Lawyers?
This paper considers similarities and differences
in how we educate lawyers in the UK and the US. This
paper highlights the differences in our approaches and
evaluates some of the influencing forces from the current
context buffeting the US and UK. (globalization of law, the
mismatch between jobs in the legal services market and the
demands for law programs, the cost of education, and the
implications of technology for practice and education). We
will draw out some lessons for both sides of the Atlantic
that might inform the debate over the reform of legal
education.
Malach, Sandra: See James Jurinski
Malone, Jason: Who is Sovereign: An Analysis of
Derivative Sovereign Immunity?
Sovereign immunity is a powerful tool of defense
designed to protect the government and its affiliates from
being sued without consent or permission. This article
explores the process of determining when a party, affiliated
with a sovereign through another entity, can claim
immunity where they are sued in tort and whether this has
contributed to the suggestion that sovereign immunity is
being extended beyond its intended scope.
Marsnik, Susan: See Liz Brown
Mansfield, Nancy: See Margaret Sherman
Martin, Susan: Compliance Officers: More Jobs, More
Responsibility, More Liability.
In response to a great deal of new rule making by
federal agencies, compliance departments are becoming
larger and more involved in line businesses to eliminate
regulatory violations and reduce fines in the event of an
offense. This paper concludes that chief compliance
officers should be responsible for their own affirmative
illegal behavior, but they should not have supervisory
liability for the infractions of others unless they truly are
those persons’ supervisors. To settle this liability issue, the
SEC should issue clear guidelines using a “control”
definition for supervisor that the U.S. Supreme Court has
used in another context.
Mansfield, Nancy: See Susan Willey
Marcum, Tanya and Sandra Perry: Methods Used to
Transition a Traditional Legal Environment of Business
Course to a Flipped Classroom.
Lecturing on contracts or torts with few students
taking notes, poor exam results, and course evaluations
with useless comments about textbooks, can make any law
professor wonder what can be done to make the
undergraduate law classroom engaging and fun for both the
students and the professor. The authors tried a new
approach to the traditional undergraduate law course that
can change the daily classroom experience into one that
both students and professor anticipate and enjoy and can
move the students from passive to active learning: flipping
the Legal Environment of Business course.
Marzen, Chad: The Personal Liability of Insurance
Claims Adjusters for Insurance Bad Faith.
69
This paper examines the question of whether
insurance company claims adjusters and representatives can
incur personal liability for insurance bad faith. To resolve a
growing split among courts as to whether insurance
company employee adjusters can be held personally liable
for insurance bad faith, I intend to propose a doctrinal test
in which future courts can uniformly resolve the question.
consumer access to class actions in the face of the massive
corporate assault aimed at obliterating them from the
litigation landscape through enforcement of pre-dispute
arbitration clauses. Even after the Supreme Court of
Canada's landmark decision of Seidel vs. TELUS
Communications Inc., war rages on through 2014. The
article identifies two drafting strategies that may improve
the chances of survival for Canadian consumer class
actions.
Marzen, Chad: See Robert Aalberts
Mawer, Will and Paul Becker: International Status of
Refugees.
Everyone knows what a refugee is and the
various events that cause individuals to be refugees, but not
everyone knows that internationally there are certain events
or happenings that trigger the status of an internationally
recognized refugee. This paper will attempt to analyze and
discuss the various statuses of refugees and the various
international treaties and conventions that directly address
refugee status. The paper will also explore the effect these
treaties and conventions have on the refugees'.
McLeod, Linda: See Tim Lemper
McNeil, Bruce: See Fred Schadler
Miller, Carol: E-Cigarettes: Need for FDA Regulation.
E-cigarettes have grown in popularity over the
past five years, due in part to the marketing of the product
as a safer alternative to traditional cigarettes. Opponents of
e-cigarettes argue that studies supporting this conclusion
not long-term and are limited in scope and applicability. As
a consequence, e-cig manufacturers now face lawsuits
based on deceptive advertising, fraud and violation of the
1998 Master Settlement Agreement (MSA) with the states'
Attorneys General, as well as proposed regulation by the
Food and Drug Administration (FDA) that would ban the
sale of e-cigarettes to youth under 18 years of age.
Mayer, Don: Revisiting Donaldson and Dunfee’s
Integrative Social Contract Theory and Reviving the
Structural Hypernorm of Necessary Social Efficiency.
This paper reviews some basic features of
Donaldson and Dunfee’s Integrative Social Contracts
Theory (ISCT), but primarily focuses on their structural
Hypernorm of necessary social efficiency (HN of NSE).
Miller, Sandy and Karie Davis-Nozemack: Rethinking
the Governance of Publicly-Traded Partnerships.
This paper compares Delaware corporate and
alternative entity law and focuses specifically upon the
governance of publicly-traded partnerships. It considers the
recent case of Gerber v. Enterprise, in which the Delaware
Supreme Court allowed judicial review of the implied
covenant of good faith and fair dealing even though the
contract presumed good faith action via a fairness opinion.
While praising the Gerber decision, this paper calls for an
SEC-sponsored collaborative study of investor protections
of alternative business entities. It also suggests that states
review their entity statutes to harmonize provisions where
appropriate and to retain differences that are well-justified.
McGarry, Kevin and Trisha Anderson: The Amazon
Tax's Impact on Etailer Supply Chains.
In 2008, New York’s legislature enacted a sales
tax on internet purchases by consumers. Online sales tax
collection proved tricky for state law makers and the
chances for tremendous revenue gains seemed bleak…until
the 2013 ruling by the New York Court of Appeals
upholding what has come to be called the ‘Amazon Tax’.
While some commentators have discussed the tax and
constitutional issues surrounding the ‘Amazon Tax’ in
relation to the recent New York Appellate Court decision,
this article will focus on how the ‘Amazon Tax’ and the
overall movement towards internet state sales tax
collections impact e-tailer supply chains.
Missirian, David: DC Appeals Court Claims, 'We Were
Only Doing Our Job', When They 'Accidentally' Shot
Net Neutrality in the Head.
This paper looks at the recent decision of the DC
Appeals Court in the case of Verizon vs. FCC decided in
January of 2014. This case has been categorized in the
media as one which deals with whether there should be a
free and open internet, known as colloquially as net
neutrality. I will examine how the Appeals court when
potentially fueled by posturing, one-sided analysis, and a
blind adherence to form over substance can effectively
attempt to kill a free and open internet for the American
public.
McGill, Shelley: The Impact of Rising Small Claims
Court Limits on Claim Characteristics and Use of Legal
Representation.
Do higher small claims court monetary limits
expand access to "simplified" justice or do they erode the
character of the "People's Court"? This paper reports the
initial findings of a study of claims filed in the Toronto
Small Claims Court in the two years before and after
Ontario raised the Court's monetary limit from $10,000 to
$25,000. Claim values and distribution were significantly
affected by the monetary limit increase. Significant
differences existed between pre and post-increase claim
subject matter, and predictably, proportionate use of legal
representation rose after the limit increase.
Monseau, Susanna: For Secondary Users of Copyright
Material in the Digital Age: Fair Use or Fair Dealing?
This paper reviews recent reports on copyright
reform for the digital age commissioned by various
governments looking at the benefits of introducing an
American style “fair use” exemption in place of, or in
addition to, the more specific “fair dealing” exceptions to
copyright which already exist in their legal systems. The
author’s conclusion is that the more important issue than
importing fair use is how to adapt any copyright regime to
increasingly “technological fair uses” and balance the
McGill, Shelley: Pre-dispute Mandatory Arbitration
Clauses - The Not So Secret Weapon of 'Class'
Destruction.
After a decade of conflict between class action
and arbitration goals and policies, the Canadian consumer
class action lies critically wounded, but not dead. This
article chronicles the courtroom battle to preserve
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strong protections provided to creators with exceptions that
provide for fair access to content and encourage the growth
of new technologies.
benefit corporation law aimed at focusing firms on society
and the environment. This article provides a historical
overview of the recently enacted Delaware Public Benefit
Corporation (PBC) Law, compares the PBC law to the
existing Model Benefit Corporation Legislation, and
provides critiques of both legal frameworks.
Moore, Larry: When is Your Lawyer or Law Professor
a Doctor?
This paper studies the history and proper usage of
the honorific title of "Doctor", and why this title is not onyx
proper for anyone earning the "JD" degree, but is the only
proper honorific title for such a degree holder.
Murray, J. Haskell: Ben & Jerry's: Challenges for
Corporate Social Responsibility in an International
Context.
This case study utilizes the story of Ben & Jerry's
struggle with CSR to assist students in applying legal and
ethical concepts to practical business situations in an
international context. Following an overview of Ben &
Jerry's history, the case study is divided into three separate
fact patterns, based on actual events involving corporate
law and various international entities. The first fact pattern
addresses issues arising from an international supply chain.
The second fact pattern involves international
environmental and political issues. The third and final fact
pattern involves a potential international business
transaction with a foreign acquirer.
Morgan, Maxine: Are Control-Focused Worker
Classification Tests Effective for Determining
Relationship Status within the Franchise Business
Model?
Guided by control-based worker classification
analyses, many courts have reclassified franchisees as
employees, disregarding independent contractor provisions
agreed upon by parties to franchise agreements. These
decisions have given rise to strong concerns regarding the
future of the franchise business model, which
fundamentally rests on the integration of control elements.
In contradiction, control-based worker classification tests
deem the existence of control factors as characteristic of
employment relationships. This paper examines the
application of control-based worker classification tests in
franchise cases and resulting influences on the stability of
the Franchise Business Model. Also, recent legislative
actions and proposals aimed at clarifying the "franchisorfranchisor" relationship are reviewed.
Murray, Paula: Eminent Domain: Appropriate Use of
the Power to Help Underwater Homeowners?
Many communities that are still struggling with
underwater home prices have looked to unique ways to
help those homeowners. One of the unique ways of doing
this is the use of the Takings Power in the Fifth
Amendment--the eminent domain authority. These
communities are looking at using the power not to "take"
the actual homes, but to seize the mortgage loans. The
municipality would then reduce the mortgage amount to the
point that the mortgagor is no longer underwater. This
paper explores the Constitutional issues raised by this type
of use of the eminent domain power.
Morris, Craig, Stephanie Greene, and Ross Petty:
Teaching Trademarks in a Single Class.
The panelists will discuss various approaches to
teaching trademark law and strategy in a single class
session in a fundamental law course. Differing perspectives
will be offered from the US Patent and Trademark Office,
globalizing beyond the US perspective and adding
marketing concepts and perspectives to teaching
trademarks.
N
Nakajima, Chizu: See Cindy Schipani
Morris, Karen: See Marianne Jennings
Nelson, Josephine: Corporate Conspiracy: How Not
Calling a Conspiracy a Conspiracy is Warping the Law
on Corporate Wrongdoing.
In the wake of the financial crisis, prosecutors
and the public are searching for new tools to combat
corporate conspiracy. The most obvious tool would be to
roll back the intra-corporate conspiracy doctrine.
Frustration with its application has led to over-reliance on
alternative methods of holding agents of enterprises
responsible. Examples include piercing the corporate veil,
responsible
corporate
officer
doctrine,
denying
“retroactive” imposition of the corporate veil, and adopting
“reverse” piercings of the corporate veil. But using
alternative doctrines results in inconsistent decisions and
disproportionate awards. Not calling a conspiracy a
conspiracy sends the wrong signals throughout the law.
Muir, Dana: The Fiduciary Role of Financial Advisors.
This paper explains that, under the current
allocation of fiduciary responsibility in 401(k) plans,
employers, but not the financial advisors that provide them
with advice, bear fiduciary responsibility for the choice of
plan investments. That is contrary to the traditional
assignment of fiduciary duty based on expertise and
effective control. The paper proposes a safe harbor class of
investments that would reallocate fiduciary responsibility.
Murphy, Tonia: Covenants Not to Compete in
Employment Contracts: Worth a Closer Look in the
Classroom.
This paper recommends expanding coverage of
noncompetes to enhance students' understanding of
contract law and policy in general, noncompetes in
particular, and the impact of law on business. The paper
includes a primer on law and policy and particular
exercises and assignments for classroom use.
Nelson, Josephine: The Intracorporate Conspiracy
Trap.
In a recent case, Pennsylvania prosecuted a
Roman Catholic priest who had not abused children himself
but who, to protect the archdiocese that employed him,
covered up information about priests who had abused
children and reassigned the priests to new parishes.
Because the intra-corporate conspiracy doctrine prohibits it,
Murray, J. Haskell: Social Enterprise Innovation:
Delaware's Public Benefit Corporation Law.
Over the last four years, more than twenty states
and the District of Columbia have passed some version of
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the state—as is now typical—was unable to prosecute the
priest and the archdiocese for their involvement in the
conspiracy. This failure illustrates the misalignment of
current conspiracy law with the way the law should be
designed to incentivize employees and organizations to
prevent harm from the commission and the cover-up of
crimes.
Oswald, Lynda: Holding Copyright Officers Strictly
Liable Under Patent and Corporate Law.
Corporate officer liability doctrines under both
the Patent Act and the Copyright Act diverge markedly
from traditional corporate, agency, and tort law doctrines.
This paper argues that current case law reflects an
instinctive rejection by the courts of application of strict
liability to individuals. The courts' subconscious attempts
to reach liability standards and outcomes that are faultbased, rather than strict, for corporate officers have caused
the courts to create sui generis liability rules that are at
odds with traditional doctrine. The courts could reach
similar outcomes on doctrinally sound grounds by looking
explicitly at intent-based liability rules.
Nichols, Philip: Hope in Citizens United.
Citizens United is one of the most reviled
opinions in recent Supreme Court history. There is much to
criticize in the opinion. One can also, however, find hope.
There is no empirical evidence that campaign contribution
limits have any effect on corruption. The dominance of
limits as the means of controlling corruption, however, has
meant that other methods have received little serious
attention. Therein lies the hope in Citizens United. If the
Court continues to limit limits, and the decisions continue
to raise passions, then it is possible that meaningful
measures to control corruption might be researched and
implemented.
P
Pacella, Jennifer: Advocate or Adversary? When
Attorneys Act as Whistleblowers.
The SEC has adopted rules under Dodd-Frank
allowing whistleblowers to collect bounties, or rewards, in
exchange for information. Although certain persons are
excluded from receiving bounties, attorneys may act as
whistleblowers and cash in on client communications in
certain circumstances. This Article will suggest that such a
structure results in an obvious conflict of interest offending
state ethical rules. This Article will supplement existing
research by suggesting that attorneys, rather than being
eligible for the bounty model, are better suited to reinforce
the goals of the “structural model,” which encourages
internal whistleblowing and challenges corporate cultures
of silence.
Norwood, John, Bill Greenhaw, and Catherine
Atchison: WIPO? Why Not?
Would you like to educate your students as to
how WIPO resolves disputes involving domain names?
Then this presentation is for you. Included are interesting
case examples including celebrities, sports figures, and
even college mascots.
Nunley, Patricia: See Justin Blount
O
Pagnattaro, Marisa Anne: See Liz Brown
O’Brien, Christine: See Stephanie Greene
Palin, Gary: See Christina Benson
O’Reilly, Jennifer: 'Flipped' and Team-Based Learning
in a Law Course: Lessons Learned.
‘Flipped classrooms' or 'flipped learning' is
suggested as the way of the future for Higher Education
and Team-Based Learning (TBL) is an approach developed
more than three decades ago, and adopted in many courses,
programs and institutions around the world. With its
emphasis on dedicating class time to practical application
of concepts, theories and approaches under study, TBL
seems an appropriate 'flipped' teaching and learning
approach for law courses. This paper explores the issues,
challenges and perceived benefits and detriments
experienced in TBL in an advanced Torts course, both from
faculty and student perspectives.
Palmer, Suzanne: See Mary Ellen Wells
Pardau, Stuart: Privacy By Design: The Federal Trade
Commission’s Efforts to Protect Consumer Privacy
Through Directed Self-Regulation.
The United States Federal Trade Commission
(FTC) has continued to champion the concept of “Privacy
by Design”. The concept was first adopted in the FTC’s
March 2012 report entitled, “Protecting Consumer Privacy
in an Era of Rapid Change.” In sum, “Privacy By Design”
means that firms not only need to “take privacy seriously”
they also need to incorporate its principles throughout the
business organization. This paper will analyze what this
really means for firms attempting to comply. In its analysis,
this paper will focus on two primary areas: (1) simplified
choice for the consumer; and (2) transparency.
Olsen, Tricia: See Bruce Klaw
Orozco, David: Patent Grant Back Clauses in
International License Agreements.
This article examines the controversial practice of
using patent grant back clauses in international license
contracts. This practice is examined in the U.S. China and
India. A model compromise that takes into account
international norms, levels of development and ethics is
proposed in this article.
Park, Stephen: See Robert Bird
Patel, Anjali: See Gavin Clarkson
Pattison, Patricia and Jessica Guth: The Road Less
Traveled: Gender Identity Discrimination in the U.S.
and U.K.
A better understanding of transgender
discrimination in employment is vital if we are to move
forward toward equality. To help us do that, this paper
considers both the US condition and the situation in the UK
Orozco, David: See Liz Brown
Orozco, David: See Michael Koval
72
in order to see what, if anything, we can learn from each
other.
challengeable under the antitrust law. In later periods,
marketing literature also is examined for discussions of the
impact of current antitrust rulings as well as statutory and
regulatory policy changes.
Perry, Frederick and Wendy Gelman: A Modest
Proposal: Outlawing Incitement to Acts of Terrorism
under International Law.
Terrorist activities have occurred throughout
history. In this paper, we study the relationship between
incitement to violence, and recruiting, training or
convincing others to commit acts of violence and the
limitation on the right to free speech as determined by the
Supreme Court and international tribunals. We advocate
bringing accused perpetrators of such international crimes
before the courts via universal jurisdiction and offer a
solution: a multilateral convention providing for the
rendition of suspects who have solicited or persuaded
others to perform terrorist acts, whether or not the acts
actually occur and are successful.
Petty, Ross: See John Bagby
Petty, Ross: See Craig Morris
Phillips, Matthew: The Ethical Decision-Action Model.
In order to support a school-wide focus on
strength of character in the context of business education,
we have developed an ethical decision framework that
addresses not only the process of making an immediate
ethical decision, but also the necessary context before and
after the decision. The “Ethical Decision-Action Model”
offers an approach for business professionals to see their
education and experience as preparation for ethical
decisions, and also addresses the execution of decisions,
including communication and systemic changes that will
guide the professional’s organization into the future.
Perry, Joshua, Dena Cox, and Anthony Cox: Trust and
Transparency: Patient Perceptions of Physicians’
Financial
Relationships
with
Pharmaceutical
Companies.
This paper explores the “Open Payments”
legislation and relevant bioethics literature discussing
enduring challenges created by conflicting economic
interests, the tenuousness of patient trust, and the necessity
of transparency–each of which provide policy justifications
for these federal regulations that are intended to bolster the
delicate dynamics of the physician-patient relationship. The
paper also reports results of an empirical study conducted
in September 2013 designed to test the stated justification
for the Open Payments law – which, according to CMS
guidelines – is to address public concerns about physician
and industry relationships and provide more clear
information to consumers.
Pollard, Randle: 'Cut - And That's a Wrap' – The Film
Industry’s Fleecing of State Tax Incentive Programs.
States have limited resources and cannot afford
costly multi-million dollar tax incentive programs for the
film industry that do not produce the promised results. This
Article examines the effectiveness of state tax incentives
for the film industry and proposes solutions for more
effective and efficient use of state tax revenue to promote
economic development. It argues that many states are
wasting tax revenue on tax incentives to the film industry
that do not result in net economic growth.
Powell, Laura: See Dan Herron
Prenkert, Jamie: Certification Marks as Private
Employment Regulation.
This paper addresses how intellectual property is
used to create private employment and labor regulation.
Certification marks can be used as the bases for
certification and labeling systems that require
adopters/licensees to commit to particular processes,
practices, and behaviors to benefit of workers. The paper
first provides the background on what certification marks
are and how they interact with certification systems. It then
provides taxonomy of certification systems as they relate to
employment and labor regulation. Finally, the paper
identifies four characteristics that inform how likely it is for
the use of certification marks to effect change for workers.
Perry, Joshua: See Sandra Benson
Perry, Sandra: See Tanya Marcum
Persons, Bonnie: Executive Compensation: The
Growing Challenge for a Board of Directors.
Corporate directors face mounting legal and
governance challenges in crafting executive compensation
strategies. Reliable data collection is frequently challenged
by nondisclosure policies, agreements, and legislation. This
article proposes guard rails that corporate boards or
shareholders may integrate.
Petrone, Kim: 'Are you there, Student? It's me, your
(techie) Professor.' Active Learning with automated
technology for online and traditional classes.
This paper explores the concept of "active
learning" and how it relates to today's university
technologies. Pros and cons of automated technology are
discussed. Then, the paper advocates implementation of
frequent low-stakes exercises in a class to promote "active
learning." Finally, multiple examples of low-stakes
exercises and implementation are described (i.e., the
practical aspect of the paper).
Prenkert, Jamie: See Liz Brown
Prenkert, Jamie: See Scott Shackelford
Prentice, Robert: Behavioral Ethics: Can It Help People
Be Their Best Selves?
Using the principles of behavioral psychology
and related fields, marketers have changed human behavior
in order to increase sales. Governments have used these
same principles to change human behavior in order to
advance policy goals, such as increasing savings behavior
or organ donation. This article surveys a significant portion
of the new learning in behavioral ethics in support of the
claim that by teaching behavioral ethics we have a realistic
chance to improve the ethicality of human decision making
and actions.
Petty, Ross: U.S. Antitrust Law and the Practice of
Marketing: A Historical Analysis.
This paper analyzes the impact of U.S. antitrust
law on the practice of marketing by examining 5 historical
periods to see what marketing practices became potentially
73
Hoping to be the next Pebble, entrepreneurs have
flocked to various crowdfunding platforms to contribute
dollars to fund initial launches of products and other
investments. Kickstarter was the first and best known
crowdfunding website, having helped to launch more than
95,000 projects to date. On March 3, 2014, Kickstarter
reported that it passed $1 BILLION in pledges with over
5.7 million people donating to creative projects. This paper
will examine the growth of crowdfunding and the various
platforms currently in existence. The paper will survey any
and all dispute resolution mechanisms in place and will
consider the effectiveness of each.
Prescott, Peter: One Tax to Rule Them All: Rethinking
Fiscal Federalism's Tax-Assignment Problem.
The United States' current multi-tiered taxation
system should be revised to consolidate most taxing power
at the federal level and to replace most state and local taxes
with unconditional intergovernmental transfers that are
funded out of the incremental federal-level taxes. My paper
analyzes and ultimately supports that conclusion using
principles drawn from the fiscal federalism literature and
traditional tax policy considerations involving economic
efficiency, equity, and administrative complexity. Several
key fiscal federalism objections to centralized taxation,
particularly when it is combined with decentralized
governmental spending, will be reconsidered in light of
recent advances in the field of behavioral economics.
Razook, Nim: There is a Really Big E in Legal
Obedience: Common Law Obedience As Both a Legal
and An Ethical Guide for Business Actors.
This paper continues to develop the ideas of both
legal obedience and Common Law obedience. After
reintroducing the concept of Common Law Obedience, the
paper emphasizes the concept's pervasive utility in a variety
of business-oriented settings. It then applies the concept to
two distinctly different contract settings, both involving
high profile actors within the energy industry.
Prum, Darren and Kathryn Kisska-Schulze: The
Environmentally Conscious Skies: Did the European
Union's Game of Brinksmanship Lead to a Viable
Global Plan for Emissions Trading in Aviation?
This paper analyzes the legality of the EU's
unilateral ETS approach with respect to the commercial
airline industry, examines the subsequent development of
the ICAO's global market based members program, reviews
strategic political strategies implemented by foreign nations
to counter the EU's unilateral action, evaluates the ICAO's
recent developments in instituting a global trading scheme
to reduce GHG emissions, and proposes policy issues with
respect to the ICAO's MGM program as it applies to the
EU ETS.
Read, David: Before and after You Say "I do": What
Every Business Student Should Know about Divorce
Law.
This article examines the under-evaluated area of
divorce law in business school pedagogy. In particular, this
article looks at divorce law in the United States and
examines the legal and financial impact of divorce on the
division of the marital estate of business owners. This
article also provides case study for a one to two hour class
for undergraduate or graduate business students; the case
study examines the primary financial and legal issues one
can face upon marriage and divorce.
Prum, Darren: See Robert Aalberts
R
Raymond, Angie: The Dilemma of Private Justice
Systems: Big Data Sources, the Cloud and Predictive
Analytics.
This paper will explore the emerging issue that
occurs when private online dispute resolution providers are
allowed, without transparency, oversight, or regulation, to
create a justice system that knows a lot of personal
information about you but is required to follow no legal
standard or regulation to resolve your dispute with a
merchant.
Read, David: See Rob Landry
Reed, Alex: Opening the Floodgates: Expanded
Employer Liability for Same-Sex Harassment.
When confronted with same-sex harassment
claims predicated on a gender-stereotyping theory, courts
have required plaintiffs to introduce evidence of their
gender-nonconforming appearance or behavior. The Fifth
Circuit recently rejected this approach, stating, “[w]e do not
require a plaintiff to prop up his employer’s subjective
discriminatory animus by proving that it was rooted in
some objective truth.” Consequently, overtly masculine
men and patently feminine women may now state viable
same-sex harassment claims if they were, for whatever
reason, subjectively perceived to be gender nonconforming.
The paper concludes with recommendations for how
employers may minimize their exposure to same-sex
harassment litigation.
Raymond, Angie and Scott Shackelford: Text 12 34 56
SMITH to Vote for the Defendant: Social Media Voting
Enters the Dispute Resolution Arena.
This Article will explore the historical
development of social voting, crowd-sourced justice and
online dispute resolution. The paper will then examine
several issues that may occur when private online dispute
resolution providers are allowed - largely without
regulation or oversight - to use crowd-sourced justice to
resolve disputes. Finally, the paper will suggest a marriage
of technology, dispute resolution, and the crowd that may
produce outcomes that should be supported by the judiciary
by making use of the conceptual framework of polycentric
governance.
Reid, Brad and Sarah Gibson: Falsity or Fair
Comment: The Tangled Web.
So called "fake news" lies at the intersection of
the First Amendment journalistic freedom and actionable
false advertising, defamation. or, in the case of a criminal
defendant, the right to a fair trial. This article considers the
issues surrounding these topics with attention to the modern
media world.
Raymond, Angie and Abbey Stemler: Crowdfunding
and Online Dispute Resolution: A Happy Marriage of
Technology, Online Behavior, and Crowd Mentality.
Reid, Brad: See Sarah Gibson
74
dramatic changes to Mexico's legal framework for private
investment in the energy sector. For decades, the Mexican
energy sector has been one of the most tightly protected in
the world. Because the energy sector provides 30-40% of
the Mexican government's revenue in any given year, this
outcome of this reform is extremely important to Mexican
citizens -- and even to North America as a whole. This
paper will analyze key legal issues in Mexico's historic
2013 Energy Reform.
Reid, Rita-Marie Cain and Amber Kingery: Putting a
Gag on Farm Whistleblowers: Food Safety and Free
Speech Confront State Agricultural Protectionism.
The U.S. food system is undergoing a power
struggle with farm protection interests on one side and food
safety, free speech, and animal welfare concerns on the
other. Agribusiness has lobbied state legislatures to pass
“veggie libel laws,” “ag-gag laws,” and state constitutional
amendments to include a “right to farm.” These new laws
criminalize speech that may be protected by the U.S.
Constitution. This paper explores the proliferation of these
state laws, their conflict with federal food safety policy,
and the legal reforms necessary to bring the balance of
interests back in check.
Sankaran, Harikumar: See Gavin Clarkson
Schadler, Fred, Jack Karns, and Bruce McNeil:
Solicitor General Challenges Majority Moench
Fiduciary Presumption in Stock-Drop Cases.
This paper reviews the fiduciary presumption
standard in stock-drop cases established in the Second
Circuit Moench case and which is followed by other
circuits except the Sixth. The Moench presumption has
been used by plaintiff-employees where company ESOP
stock values dropped after the 2008 global crisis. The
Moench standard focuses on the "reasonableness" of the
ESOP administrator's decisions while the Sixth Circuit
(Solicitor General filed) Dudenhoeffer case favors one that
is much more plaintiff-employee friendly. The authors
review Moench, Dudenhoeffer, and corporate finance
theories that support opposing views in these stock-drop
cases.
Rice, Dan: The Courts Are Not My Friend. How Can
They Access My Social Media Account?
As an attorney I can appreciate some of the
advantages of the social media. A Facebook marriage
seems to be as simple as clicking Susan is in a relationship
with John, while a Facebook divorce appears to be clicking
Susan is no longer in a relationship with John. Clearly the
Facebook divorce appears quicker and cheaper than the
divorces provided by the legal system. Statements made on
the social media are now regularly subject to discovery.
This paper will discuss the latest cases where the court
may order discovery into a litigant's social media.
Roberson, Jessie: A Furious Folly: Alex Rodriguez
Attempt to Challenge his Suspension for Using
Performance Enhancing Substances.
The paper examines the circumstances
surrounding the arbitration of Alex Rodriguez's grievance
arbitration.
Schein, David: Grandma Got Run Over by a Freeway.
This is a case that deals with stakeholder analysis
in the public sector. The case is designed to help business
ethics students grasp the concept of stakeholder analysis.
The case encourages broad application of the ethical
concepts that could be applied to make decisions. Unique
features include focus on public sector vs. private sector
and a broad-range of moral theory options moving past
Kant and Mill to include Confucianism and Hinduism. The
title is designed to intrigue the students and is taken from a
Christmas novelty song from 1979, "Grandma Got Run
Over by a Reindeer."
Rodenberg, Ryan: Sports Gambling Regulation, Your
Grandfather (Clause), and Intellectual Property.
This paper analyzes the federal Professional and
Amateur Sports Protection Act of 1992 ("PASPA") in two
ways. First, it probes the constitutionality of PASPA's
grandfather clause. Second, it tests PASPA vis-a-vis the
Intellectual Property Clause in Article I, Section 8, Clause
8 of the U.S. Constitution.
Schein, David: New Whistleblower Protection for
Federal Contract Employees.
Pub. L. 112-239 created statute 41 USCS § 4712,
"Pilot Program for Enhancement of Contractor Protection
from Reprisal for Disclosure of Certain Information."
Section 4712 became effective January 2, 2013, and shall
be in effect for four years. Little has been written about this
law. A review of various federal whistleblower statutory
protections is presented. This article then contrasts the
protections for federal contract employees in this statute
with other whistleblower protections for federal employees
and other contractor protective statutes. The article then
explains the specific application of this statute.
S
Salimbene, Franklyn and Marianne Kulow: The LGBT
Community, Service-Learning, and Legal Education.
As service-learning pedagogy has become
common in undergraduate education, it has had difficulty
gaining traction in law courses. This is caused by several
practical factors, one of which may be concern about the
unauthorized practice of law. This seminar discusses those
factors and the potential that service-learning brings to
business law education. In addition to offering examples of
service-learning pedagogy in the classroom, a special focus
is given to a service-learning project that serves the LGBT
community as taught in a discrimination law course. Also
included are survey results of service-learning projects
specific to legal education and the LGBT community.
Schipani, Cindy, Junhai Liu, and Haiyan Xu: The GSK
Bribery Scandal in China: Corporate Governance
Failures of Multinational Corporations.
In July, 2013, a bribery scandal was unearthed in
China concerning the actions of the British pharmaceutical
company, Glaxo Smith Kline (GSK). It is claimed that
GSK has been engaging in bribery and other corrupt
practices since 2007. Allegedly, GSK used travel agencies
to funnel illegal payments to doctors and government
officials to bolster their pharmaceutical drug sales. In light
of these scandals, we seek to analyze the harms triggered
Samples, Tim: End of an Era? The Legal Dimensions of
Mexico's 2013 Energy Reform.
The 2013 Energy Reform presents critical
opportunities and challenges for industry, lawmakers, and
regulators. Among other things, this reform sets up
75
by the alleged corrupt practices of GSK and other
multinational corporations to identify some of the causes
contributing to the scandals and to provide suggestions for
reform.
Selznick, Loren: Running Mom and Pop Businesses by
the Good Book: The Scope of Religious Rights of Sole
Proprietors and Partners.
Two recent obligations imposed on small
business owners—the Affordable Care Act’s contraceptive
and requirements to participate in same-sex weddings—test
boundaries of religious free exercise in business.
Exemptions in these laws do not apply to religious business
owners. The Free Exercise Clause, per the Supreme Court,
does not afford religious exemptions to neutral laws of
general applicability. Religious Freedom Restoration Act
(RFRA) relief is unpredictable. RFRA laws abdicate
politically perilous balancing of laws generally applicable
to business and religious exercise to the courts. Without
legislative religious exemptions, courts can be reluctant to
impose them under RFRA.
Schipani, Cindy, Terry Morehead Dworkin, and Chizu
Nakajima: Fighting Corruption in the Caribbean Basin.
This panel examines the public and private
approaches to eliminating corruption in the Caribbean.
Panelists will address the values and ethical assumptions
implicit in the use of corporate governance mechanisms to
infuse greater ethical standards in business organizations;
in the use of whistleblowing protection and foreign anticorruption laws to detect and reduce corrupt behavior in
organizations; and I the multinational and intergovernmental agreements to better detect corruption in both
private and governmental entities.
Sepinwall, Amy: When Business and Conscience
Collide: Hobby Lobby As a Case Study in Corporate
Conscientious Objection.
What happens when a business must comply with
a legal mandate that conflicts with the religious convictions
that the business, or its owner, embraces? This question lies
at the core of Hobby Lobby v. Sebelius. There, two closelyheld corporations seek an exemption from the ACA's socalled contraceptive mandate on religious grounds. Hobby
Lobby raises two questions, to be addressed here: First,
should an employer be required to set aside his religious
convictions as a legitimate cost of for-profit business? If
not, does the right of conscientious objection extend only to
individuals or can it be claimed by corporations too?
Schulzke, Kurt and Gerlinde Berger-Walliser: Toward
a Unified Theory of Materiality in Federal Securities
Cases: Reading Federal Securities Statutes and
Regulations as Civil Code.
The federal securities law definition of
materiality, established by a divided Supreme Court in
Basic, Inc. vs. Levinson, is fraying at the edges. With the
EU launching a new Accounting Directive, now may be a
good time to meld common law and civil traditions in a
new, unified approach to financial reporting materiality.
This paper explores why this should be done and how to
approach the task.
Schulzke, Kurt: See Tammy Cowart
Shackelford, Scott, Jamie Prenkert, and Tim Fort:
Sustainable Cybersecurity: Applying Lessons from the
Green Movement to Managing Cyber Attacks.
This Article argues that organizations should treat
cybersecurity as a matter of CSR to safeguard their
customers and the public, such as by securing critical
national infrastructure. It is in corporations own long-term
self-interest to take such a wider view of private-sector risk
management practices akin to what companies have done
with respect to sustainable development. To that end, the
analogy of sustainable development will be developed,
focusing on the applicability of certain aspects of the green
movement, such as integrated reporting and the common
heritage of mankind concept, to help foster cyber peace.
Schwerha, Joseph: See John Bagby
Scott, Inara: Mandatory Adoption of Stakeholder
Review Processes to Improve Sustainability and
Responsiveness of Utility Governance.
Today, utility stakeholders-including employees,
creditors, industrial customers, and community groupshave complex social, environmental, and policy concerns
regarding utility investments. Yet managers of investorowned utilities must focus their decision-making on
financial returns to investors. This article argues that
adopting a mandatory stakeholder engagement process in
the acquisition of major utility investments would allow for
adoption of more sustainable technologies and improve
satisfaction of all stakeholders, while increasing financial
returns to utilities.
Shackelford, Scott: See Angie Raymond
Shaw, Bill: Contingency, Irony, Solidarity.
This paper examines the work of postmodern
philosopher Richard Rorty and its contribution to legal
scholarship.
Scott, Inara: Keeping the Lights On: Examining and
Re-imagining NLRA Preemption in a Time of Electric
Necessity.
In a society dependent on electricity for
everything from health care to safe drinking water,
disruption in utility service could cause untold damage. Yet
thanks to the expansive doctrine of preemption under the
National Labor Relations Act (NLRA), many public utility
commissions (“PUCs”) have concluded they are prohibited
from intervening in labor disputes, even when public safety
is threatened. This article analyzes the extent to which state
agencies retain the power to regulate utilities and protect
their citizens, even when their actions may, either directly
or indirectly, impact collective bargaining or alter the
balance of power between labor and management.
Shears, Peter: CPRs: The Story So Far.
The Consumer Protection from Unfair Trading
Regulations (CPRs) has been in force for six years. They
apply to commercial practices before, during and after a
contract is made. In general they require traders not to treat
consumers unfairly. They also outlaw 31 specific
commercial activities. We know what the CPRs say, but, as
with any new law, we do not know what they mean until
they have been tested. Only the courts can decide whether
or not a commercial practice is unfair within the meaning
of the CPRs. This paper seeks to illustrate what we have
learned so far.
76
Shedd, Peter: See Eric Yordy
Staff, Marcia: Employee Protection Payments as a
'Reasonably Necessary Business Expense'? A Look
Back at the Effect of the United States vs. Chiquita
Brands International, Inc.
Governments, companies and individuals have
long faced the prospect of paying ransom to protect people
and property from harm. Currently, multinational
corporations are faced with difficult decisions on a daily
basis regarding whether or not to pay money to protect their
employees who work in dangerous environments. This
paper will begin with an historical overview of cases in
which businesses and governments have paid ransom in
order to protect people or property. Next, the paper will
examine in detail the case of United States vs. Chiquita
Brands International, Inc. and legal and ethical
developments since the case was settled.
Sherman, Margaret, Harold Weston, Susan Willey, and
Nancy Mansfield: Managing Risk in a Complex and
Connected World.
All business involves risks and uncertainties,
both negative and positive. The financial crisis shows the
importance of assessing risk correctly. Enterprise risk
management helps business identify and evaluate risks in
operations, finance, strategy and governance. ERM
improves business judgment decisions to increase company
value. Regulators and rating agencies also demand
improved risk management. But ERM does not follow a
standard template and its role within organizations varies
greatly. This paper discusses the top risks identified by
companies globally in 2013, how ERM is structured in
different enterprises, and the role of law and compliance in
the ERM paradigm.
Staff, Marcia: See Michael Koval
Sherman, Margaret: See Susan Willey
Stemler, Abbey: See Angie Raymond
Siedel, George: Moving From Preventive to Positive
Legal Strategies for Value Creation.
Companies that move beyond a reactive approach
to legal concerns typically focus on preventive legal
strategies. While often useful, these strategies overlook
potential value creation opportunities--and in some cases
interfere with value creation. Business law scholars in the
US and Europe have explored alternatives to preventive
legal strategies that encourage companies to use the law for
value creation. One approach, positive legal strategy, relies
on reframing legal concerns as business concerns to create
both economic value and business values. This presentation
provides an introduction to positive legal strategy, along
with an example that can be used in class.
Steslow, Donna: See Nancy Lasher
Stokes, Alexis: Food Allergies and Workplace
Accommodations.
Recent litigation has established a food allergy as
a disability under the 2008 ADA Amendments Act. As
documented food allergies increase among American
children, employers thus must prepare to accommodate
these future members of the workforce. This paper
examines the questions of what constitutes a reasonable
accommodation of a food allergy, whether the economic or
health burdens on non-allergic co-workers can be
considered, and how employers must deal with a "battle of
accommodations" between two employees with conflicting
needs.
Silvaggio, Elisabeth: See Dan Herron
Strevens, Caroline: See Susan Marsnik
Smith, Anthony: See Tim Lemper
Sulkowski, Adam: Sustainability Reporting by Cities:
As a Securities Law Exemption Erodes, a Nascent Legal
Obligation May be Arising.
The goal of this article is to explain why,
publishing environmental, societal, governance, and
economic indicators are good public policy and may be
evolving into an obligatory practice of municipalities in the
United States. This article reviews how the exemption that
shielded municipalities from the requirements of U.S.
securities laws has eroded. Sustainability data is a material
disclosure that all securities issuers should make. For
policy reasons and to avoid controversies cities should
publish regular sustainability reports. Finally, the author
concludes that the trend of sustainability reporting by cities
should be embraced by all stakeholders as a pragmatic
development.
Sprague, Robert: Privacy Implications of Big Data and
Predictive Analytics.
This paper examines the use of predictive
analytics, threats to privacy arising from predictive
analytics, and whether the mosaic theory offers a viable and
needed method of privacy protection. This paper concludes,
however, that unless a new theory of privacy protection is
adopted—and soon—everyone faces serious threats to their
privacy.
Sprague, Robert, Kevin Grauberger, and Nicole
Barberis: One Hundred Years of Privacy Law: A
Latent Semantic Analysis.
This paper presents preliminary results from
applying probabilistic topic modeling algorithms to a
document collection comprised of published law review
articles from 1891 through 1990—all citing to Warren’s
and Brandeis’s The Right to Privacy and substantively
discussing privacy law. Preliminary results from applying
the statistical modeling identify four principal themes in
privacy law scholarship—Appropriation, Disclosure,
Intrusion, and Observation. Once our initial data collection
has been completed, by filling out the years 1991 through
2013, we will be able to discern whether these concepts
survive into the twenty-first century as well as how they
may have evolved over time.
T
Thomas, Charles: See Michael Koval
Thomas, Robert: See Melanie Williams
Thompson, Dale: Beyond Dodd-Frank: Addressing
Too-Big-to-Fail without Making Other Banks TooSmall-to-Succeed.
77
A principal purpose of Dodd-Frank is to end
"too-big-to-fail." It makes improvements, but leaves in
place two market failures that continue too-big-to-fail.
Large banks receive an implicit subsidy, because of the
continuing perception of being too-big-to-fail. They also
face incentives to make riskier investment choices because
while they fully capture the returns for successful
investments, the losses from catastrophic failures will be
shared by taxpayers. Moreover, the costs of complying with
Dodd-Frank's regulations may make smaller banks "toosmall-to-succeed." Consequently, we need to go beyond the
command-and-control approach of the Dodd-Frank Act,
and adopt economic instruments to correct these market
failures.
of the law of fiduciary duty and seek to discover the
applicability of those principles in the modern world of
High Frequency Trading. Do those duties apply, or are they
merely antiquated concepts no longer valid in the world of
micro and nano second trading.
Twomey, David: NLRA Impasse Cases: What's Right;
What's Not Right and What Can Be Done About It.
Seizing on the “implement upon impasse
doctrine” coupled with the power to hire permanent
replacements some employers have manufactured an
impasse solely to implement its “final offer” even though
the union is seeking further bargaining. Other employers
may implement a strategy to create an impasse in first
contract bargaining cases. The incentive for questionable
bargaining tactics in first contract cases is great because
failure to obtain first agreements almost invariably leads to
the disappearance of the union. This paper focuses on two
recent cases to show what’s right, what’s not right and what
can be done about it.
Thor, Jennifer Cordon: Business Court - The Modified
Law Merchant.
There is a growing trend in the United States in
the creation of Business Courts. Although these courts vary
in structure and jurisdiction, they are all focused on the
expedited resolution of business disputes. In the Middle
Ages, the Law Merchant was developed through custom,
law and merchant courts which resolved disputes between
foreign merchants in an expedited manner. This paper will
compare the Law Merchant and the Business Court by
examining similarities and differences. Are Business
Courts boldly leading us into the future or returning us to
the Middle Ages?
V
Van Alstyne, Marshall: See Gavin Clarkson
Vetter, Luke: See Arthur Gross-Schaefer
Virk, Ashraf: See Constance Bagley
Thue, Matthew: See Konrad Lee
W
Trautman, Lawrence: Entrepreneurial Risk in
International Markets: Focus on Bribery and
Corruption.
Internet growth results in a perception by
entrepreneurs that rapid access is available to international
markets and sales. However, substantial fines, penalties,
legal and other expenses and even jail time may result from
running afoul of anti-bribery or corruption laws. A review
of bribery and corruption among the United States' top
three trading partners (Canada, China, and Mexico)
illustrate these risks. Discussed are the Foreign Corrupt
Practices Act; OECD Convention; U.K. Bribery Act; and
the cost of anti-bribery compliance, as well as the ethical
and societal cost of corruption.
Weiser, Jay: Underwater, Like a Room without a Roof:
Dodd-Frank's Qualified Mortgage and Qualified
Residential Mortgage Regulations.
The new Dodd-Frank Qualified Mortgage and
proposed Qualified Residential Mortgage Regulations
encourage risky loans, leaving borrowers and the financial
system with the same incentives that created the real estate
bubble. The Qualified Mortgage rules should be simplified
to address proven risk factors, encourage borrower
prudence and eliminate loopholes. As a second best, the
Qualified Mortgage rule's 43% Debt-To-Income (DTI) rule
should be enforced against all lenders. The proposed
Qualified Residential Mortgage retention rules should
require originator and securitize skin in the game.
Regulators must move toward safety by reducing borrower
leverage.
Trautman, Lawrence: Boardroom Diversity: Why it
Matters.
What exactly is board diversity and why does it
matter? How does diversity fit in an attempt to build the
best board for any organization? What attributes and skills
are required by law and what mix of experiences and
talents provide the best corporate governance? My goal is
to provide answers to these questions, and to discuss how a
nominating committee and board can define their needs,
explore their options, and provoke radical thinking about
how corporate governance might be improved by
reexamining the demographics and fundamental
assumptions about diversity, the attributes of board
standing committees, and optimal board composition.
Wells, Mary Ellen and Suzanne Palmer: A Case for
Enhanced Self-Regulation of Business Programs as
Influenced by Higher Education Reform Proposals.
Industry self-regulation has long been a desired
alternative to government regulation. As the federal
government proposes additional requirements for colleges
and universities, accrediting bodies can attempt to avoid or
minimize further government regulation. This paper
examines the influence of federal higher education reform
proposals on self-regulation of higher education both
through regional and national accreditation of institutions
and through accreditation of business programs.
Trotter, R. Clayton: High Frequency Trading and
Fiduciary Duties: On a Collision Course?
Reading the NY Times bestseller "Flash Boys, A
Wall Street Revolt" has had a profound effect on my
understanding (or lack of understanding) of the stock
market. This paper will explore the historical development
Welsh, Michelle and Helen Anderson: International
Approaches to the Misuse of the Corporate Form in
Insolvency.
A misuse of the corporate form occurs when
persons in control of a company that has failed fraudulently
78
transfer a business owned by it to a second company, with
the aim of avoiding the first company’s legal obligations.
While most jurisdictions recognize that this behavior is
harmful, there is little agreement as to the best way to
eradicate it. This paper compares and contrasts the
approaches to this problem adopted by a number of
jurisdictions including the US, the UK and Australia. It
seeks to determine whether there is any evidence that the
measures adopted are enforced and are effective.
Negotiation skills are valued in the workplace but
often ignored in a business law (and even a business)
curriculum. Join us for a discussion of best practices in
teaching negotiation skills, including the ways that people
negotiate to create value and resolve disputes. Important
skills include perception (including recognizing perception
errors), bargaining, peer coaching, value creation and
distribution, the dynamics of coalitions, and multi-party
negotiations. We discuss how to coach students about the
process of building constructive relationships and resolving
conflict. We discuss ways of incorporating experiential
simulations in the learning environment and share some
exercises and best practices.
Weston, Harold: See Margaret Sherman
Wiener, Robert: Whom Can One Trust?
“Can you keep a secret?” my father was asked.
He replied, “As well as you.” Authors write articles and
books on how to create and keep and repair trust in
personal and business relationships. Should one trust all
others? The law says that one may trust a fiduciary, but
even fiduciaries may be untrustworthy. To avoid becoming
“a case in the book,” seeking a remedy in court when one’s
trust is misplaced, can one determine, perhaps through “due
diligence,” whom to trust? In this paper I begin an
interdisciplinary exploration seeking answers to this
question.
Wooldridge, Barbara: See Tammy Cowart
Wu, Alexander: U.S. International Taxation in
Comparison With Other Regulatory Regimes.
This article proposes that U.S. international tax
policy analysis must take into account nontax regulation,
which is generally disregarded in international tax policy
analysis. Structural features of nontax regulatory regimes
will be shown to have significant implications for
fundamental normative claims of the international tax
policy literature.
Wiggins, William and Mystica Alexander: Legally
Effective Informed Consent: An Elusive Concept in
Need of a Uniform Legal Standard.
Every investigator who conducts research
involving human subjects has an obligation to know and
understand the importance of obtaining legally effective
informed consent as a prerequisite to conducting research
and protecting the rights and welfare of human subject
participants. The need for informed consent has its origins
in the Nuremberg Code. Although a variety of practices
exist for obtaining legally effective informed consent, a
workable, uniform legal standard does not exist. This paper
demonstrates the need for a uniform legal standard,
proposes a new standard, and suggests possibilities for
further research on the topic.
X
Xu, Haiyan: See Cindy Schipani
Y
Yellin, Marta: Painting a Business Law Course TEAL:
Teaching in a Technology Enhanced Active Learning
(TEAL) Classroom.
TEAL
classrooms
offer
a
stimulating
environment for teaching Business Law. The design and
technology of the TEAL classrooms enhance Active
Learning techniques (ALT). This paper combines articles
on ALT for Business Law courses with research regarding
TEAL classrooms. Using TEAL classrooms for teaching
Business Law will increase student engagement, leading to
greater retention of the material, encourage participation,
and heighten the quality of team learning. These
advancements in the classroom could expand the
effectiveness of Business Law courses. Studies focused on
Business Law comparing ALT in TEAL versus non-TEAL
classrooms may show design and technology positively
affect learning.
Wiggins, William: See Mystica Alexander
Willey, Lorrie: See Debra Burke
Willey, Susan, Kelly Grace, Nancy Mansfield, and
Margaret Sherman: Language of the Codes:
Comparing the Frequency of Ethics and Compliance
Terms in Corporate Codes of Conduct.
Do corporate codes of conduct affect ethical
practices of companies or do they merely fulfill a
regulatory requirement? To assess the effectiveness of
codes, we first need to determine if corporate codes are
different, e.g., whether they emphasize legal rules and
compliance or broader ethical principles of “doing the right
thing.” We use text mining to analyze and compare Codes
of Conduct posted by Fortune 100 companies, focusing
primarily on the use of compliance-oriented and ethicsoriented words. This paper explains our methodology,
reports our findings and preliminary conclusions, and
suggests additional avenues of empirical research using this
rich analytical tool.
Yordy, Eric, Peter Shedd, Caryn Beck-Dudley, and
Ellen Harshman: The New AACSB Standards - What
You Should Know and How You Can Demonstrate
Your Value.
In 2013, the AACSB approved new standards for
accreditation review. The new standards emphasize
innovation, impact and engagement. This panel will discuss
how these terms are used, what reviewers may be looking
for, how schools may be measuring this items and how
business law faculty can assist in the accreditation process
by demonstrating how our research and teaching can
elevate the college profile in these areas.
Willey, Susan: See Margaret Sherman
Yordy, Eric: Religion as Sword and Shield: The Debate
About Religious Freedom and Same Sex Marriage.
Williams, Melanie, Terry Foster, Sarah Light, Dale
Thompson, and Robert Thomas: Teaching Negotiation.
79
In the wake of lawsuits in Colorado and New
Mexico where religious business owners lost when sued for
refusing to participate in same-sex marriage ceremonies,
Arizona and other states have evaluated the balance
between the right to free exercise of religion and the right
to be free from discrimination. In early 2014, Arizona made
headlines when SB 1062 was passed and vetoed. This bill
allowed private businesses to assert religious beliefs as a
defense in discrimination claims. This paper analyses samesex marriage and the religious freedoms of business
owners.
Yordy, Eric: See Sandra Benson
Z
Zaring, David: See Jeffrey Boles
Zhang, Jenny: FDA Related Events and the Valuation
of Bio-pharmaceutical Firms.
The valuation and stock performance of biopharmaceutical firms are highly event driven. Business
students, especially those major in health administration,
need to be well-versed not only in FDA regulations
governing these firms, but also the financial impact of such
value-relevant events. In this paper, I review a few
categories of FDA related events (e.g., FDA fast track
designation, orphan drug status, product recalls and
withdraws); describe the procedure of data retrieval; and
delineate the application of the research method commonly
referred to as the "event study" in finance and economics in
the investigation of market value of bio-pharmaceutical
firms.
Rana, Shruti: The Global Battle Over Copyright
Reform: Developing the Rule of Law in the Chinese
Business Context.
Nations and businesses around the globe have been battling
over copyright protection laws, with industrialized nations
pressuring developing nations to adopt "Western-style"
copyright regimes. These battles are escalating as copyright
piracy grows, while developing nations struggle to
formulate reforms that will protect their own intellectual
property and those of industrialized nations. China is at the
cutting edge of these debates. This Article argues that to
create an effective copyright regime, China should develop
a more rules-based system of copyright protections. This
Article discusses how China could effectively reform its
copyright system and enhance public awareness of
copyright norms and their functions.
80
Participant Index by Last Name
Cowart, Tammy................................ 44, 48, 56, 59, 76, 79
Cox, Anthony ..................................................... 48, 59, 73
Cox, Dena........................................................... 48, 59, 73
Crall, Les ........................................................................ 49
Cruz, Jason ............................................................... 54, 59
A
Aalberts, Robert ........................................... 40, 55, 70, 74
Abril, Patricia............................................... 47, 49, 55, 56
Akins, Benjamin ................................................ 52, 55, 63
Albert, Miriam ......................................................... 42, 45
Alexander, Charlotte ................................................ 39, 55
Alexander, Mystica .................................47, 52, 55, 68, 79
Allison, John ............................................................ 43, 55
Anderson, Helen ................................................ 51, 55, 79
Anderson, Trisha................................................ 41, 55, 70
Anenson, Leigh ........................................................ 47, 55
Antognini, Walter .............................................. 41, 55, 56
Arnesen, David ........................................................ 54, 55
Atchison, Catherine ........................................... 43, 56, 72
Avery, Sherry..................................................... 48, 56, 59
Awla, Jas.................................................................. 44, 56
D
Davis, Laura ....................................................... 49, 53, 60
Davis-Nozemack, Karie ............................... 47, 52, 60, 70
de la Torre, Cris........................................................ 44, 60
DeLaurell, Roxanne ....................................................... 42
Desai, Deven ...................................................... 49, 56, 60
Dhooge, Lucien ........................................................ 45, 60
Diener, Keith ............................................................ 53, 60
Dworkin, Terry Morehead...................... 41, 45, 60, 61, 76
E
B
Earle, Beverley ................................................... 41, 60, 67
Eisenstadt, Leora ................................................ 39, 43, 60
Elkins, Clint ....................................................... 44, 59, 60
Elzweig, Brian .......................................................... 45, 60
Emerson, Andrew ..................................................... 46, 61
Emerson, Robert ......................... 41, 42, 44, 47, 48, 49, 61
Bagby, John .................... 49, 51, 55, 56, 57, 60, 64, 73, 76
Bagley, Constance ............................................. 44, 56, 78
Baird, Catharyn .............................................................. 45
Barberis, Nicole ................................................. 48, 56, 77
Barrella, Vincent ................................................ 41, 55, 56
Bast, Carol .............................................. 44, 48, 56, 57, 58
Beck-Dudley, Caryn .......................................... 40, 56, 79
Becker, Paul ................................................. 41, 51, 56, 70
Bender, Mark ................................................................. 49
Bennett, Robert .............................................................. 40
Bennett-Alexander, Dawn ....................................... 46, 56
Benson, Christina ......................................... 47, 51, 56, 72
Benson, Sandra ............................................ 51, 57, 73, 80
Berger-Walliser, Gerlinde .................................. 52, 57, 76
Bird, Robert .............. 39, 43, 44, 46, 47, 57, 58, 66, 68, 72
Blanke, Jody ............................... 44, 49, 54, 56, 57, 64, 68
Blount, Justin ..................................................... 48, 57, 72
Boedecker, Karl ....................................................... 49, 57
Boles, Jeffrey .................................... 53, 57, 58, 64, 69, 80
Borochin, Paul ................................................... 47, 57, 58
Bowal, Peter....................................................... 46, 52, 58
Brodtkorb, Tor ................................................... 41, 58, 66
Brown, Cynthia .................................................. 48, 56, 58
Brown, Elizabeth ..................................................... 48, 58
Brown, Liz .................................. 41, 46, 58, 68, 69, 72, 73
Buboltz, Emmy .................................................. 51, 58, 68
Bullock, John ........................................................... 50, 58
Burke, Debra ...................................................... 54, 58, 79
Butler, Seletha ................................................... 53, 57, 58
F
Farag, Denise ......................................... 40, 41, 60, 61, 65
Farmer, Kevin .................................................... 41, 54, 61
Ficht, Linda .................................................. 44, 54, 61, 62
Forsythe, Lynn ................................................... 41, 62, 66
Fort, Tim ............................................................ 51, 62, 76
Foster, T. Noble.................................................. 52, 62, 67
Foster, Terry ....................................................... 42, 62, 79
G
Gala, Sona .......................................................... 52, 62, 63
Gantt, Karen ....................................................... 40, 52, 62
Gelman, Wendy.................................................. 51, 62, 73
Generas, Georges ..................................................... 40, 62
Ghahramani, Salar .................................................... 51, 62
Gibson, Sarah ......................................... 46, 51, 62, 74, 75
Ginger, Laura ........................................................... 40, 43
Gold, Gary ................................................................ 52, 62
Goldberg, Hilary ................................................ 43, 58, 62
Goldberg, Ilene......................................................... 48, 63
Goldsmith, Kenneth ....................................................... 48
Gordon, Gwendolyn ........................................... 51, 53, 63
Gordon, Jason................................... 49, 52, 53, 55, 59, 63
Gordon, Jonathan ..................................................... 50, 63
Grace, Kelly ....................................................... 47, 63, 79
Grauberger, Kevin .............................................. 48, 63, 77
Greene, Stephanie .................................. 50, 54, 63, 71, 72
Greenhaw, Bill ................................................... 43, 63, 72
Gross-Schaefer, Arthur........................... 52, 62, 63, 65, 78
Grow, Nathaniel ....................................................... 54, 63
Gunz, Sally ..................................................................... 48
Guth, Jessica....................................................... 44, 63, 72
Guy, Donald ....................................................... 54, 63, 64
C
Cahoy, Dan .............................................................. 40, 58
Carr, Nanci.............................................. 43, 54, 58, 62, 68
Carrafiello, Vincent ....................................................... 43
Chang, Kabrina .................................................. 48, 51, 58
Chapman, Jennifer ............................................. 52, 59, 63
Christiansen, Linda .................................................. 53, 59
Ciocchetti, Corey ..................................................... 43, 59
Clarkson, Gavin .......................... 40, 44, 59, 60, 72, 75, 78
Cohen, Ronnie ............................................................... 47
Cooper, Marsha........................................................ 47, 59
Cornell, Nicolas ....................................................... 54, 59
81
Lucas, Laurie .................................................................. 42
Luoma, Milton.......................................................... 51, 68
Luoma, Vicki ..................................................... 51, 58, 68
H
Hanson, Randall....................................................... 47, 64
Harris-Ransom, Lori .................................... 40, 53, 64, 65
Harshman, Ellen ................................................ 40, 64, 79
Haughey, Daniel ...................................................... 45, 64
Hayward, John ......................................................... 40, 64
Hedges, Peggy ................................................... 44, 64, 69
Herickhoff, Penny .............................................. 44, 64, 65
Herron, Dan ................................ 40, 45, 47, 64, 68, 73, 77
Hess, David.............................................................. 43, 64
Hickox, Stacy........................................................... 52, 64
Highsmith, James ........................................................... 48
Hiller, Janine ..................................... 44, 49, 51, 56, 57, 64
Holcomb, John ................................................... 53, 57, 64
Holloway, James .......................................... 40, 54, 63, 64
Holmes, Georgia ................................................ 44, 64, 65
Hotchkiss, Carolyn .................................41, 47, 65, 66, 68
Houser, Kimberly .................................................... 54, 65
Huckabee, Gregory ............................................ 40, 54, 65
M
Madek, Gerald .......................................................... 51, 68
Magaldi, Jessica ....................................................... 41, 68
Magid, Julie ........................................................ 46, 58, 68
Maier, Steven ..................................................... 54, 58, 68
Maitland, Ian ............................................................ 44, 69
Malach, Robert ............................................. 44, 52, 65, 69
Malach, Sandra....................................... 44, 52, 64, 65, 69
Mallor, Jane .................................................................... 50
Malone, Jason........................................................... 40, 69
Mansfield, Nancy ................................... 45, 47, 69, 77, 79
Marcum, Tanya .................................................. 54, 69, 73
Mark, Gideon ..................................................... 53, 57, 69
Marsnik, Susan ................................. 41, 46, 58, 68, 69, 77
Martin, Susan ........................................................... 47, 69
Marzen, Chad ............................................... 40, 54, 55, 70
Mawer, Will ................................................. 41, 44, 56, 70
May, Diane ............................................................... 42, 49
Mayer, Don ........................................................ 47, 51, 70
McCrory, Martin ............................................................ 44
McGarry, Kevin ........................................... 41, 46, 55, 70
McGill, Shelley ........................................................ 43, 70
McLeod, Linda ................................................... 43, 68, 70
McNary, George ............................................................. 40
McNeil, Bruce .................................................... 46, 70, 75
Miller, Carol ............................................................. 48, 70
Miller, Sandy ...................................................... 47, 60, 70
Missirian, David ....................................................... 53, 70
Mohle, Lindsey .............................................................. 50
Monseau, Susanna .................................................... 40, 70
Moore, Larry ............................................................ 52, 71
Morehead, Jere ............................................................... 39
Morgan, Maxine ....................................................... 47, 71
Morris, Craig ................................................ 50, 63, 71, 73
Morris, Karen ..................................................... 49, 65, 71
Muir, Dana ............................................................... 41, 71
Murphy, Tonia.................................................... 50, 54, 71
Murray, J. Haskell .............................................. 43, 44, 71
Murray, Paula ........................................................... 46, 71
J
Jaccard, Jillian ................................................... 52, 63, 65
Jebe, Ruth .......................................................... 41, 44, 65
Jennings, Marianne ............................................ 49, 65, 71
Jones, Ida .......................................... 40, 41, 61, 64, 65, 66
Jurinski, James ............................................. 49, 52, 65, 69
K
Kaeb, Caroline ................................................... 51, 53, 66
Kaminer, Debbie ...................................................... 44, 66
Karns, Jack......................................................... 46, 66, 75
Katsos, John ................................................. 41, 54, 58, 66
Keller, Lawrence............................................................ 42
Kemp, Deborah .......................................41, 43, 62, 65, 66
Kingery, Amber ................................................. 48, 66, 75
Kirschner, Cheryl............................................... 41, 65, 66
Kisska-Schulze, Kathryn ................................... 49, 66, 74
Klaw, Bruce ....................................................... 52, 66, 72
Knopf, John ....................................................... 47, 57, 66
Kong, Sue .......................................................... 52, 66, 67
Koretz, Lora ............................................................. 41, 66
Koval, Michael ................................. 44, 50, 66, 68, 72, 77
Kulow, Marianne DelPo ................... 41, 46, 47, 60, 67, 75
Kunkel, Richard ................................................. 40, 53, 67
N
Nakajima, Chizu ................................................. 45, 71, 76
Nelson, Josephine ............................................... 40, 43, 71
Nichols, Philip .......................................................... 54, 72
Norwood, John ............................................. 43, 56, 63, 72
Nunley, Patricia ............................................ 44, 48, 57, 72
L
Lacey, Kathleen ................................................. 48, 51, 67
Lan, Gil .............................................................. 49, 52, 67
Landry, Rob ................................................. 47, 48, 67, 74
Lasher, Nancy .............................................. 52, 66, 67, 77
Lasprogata, G.A. ................................................ 52, 62, 67
Lee, Konrad ................................................. 41, 43, 67, 78
Lemper, Tim ..................................... 43, 54, 67, 68, 70, 77
Levin, Avner ...................................................... 44, 57, 68
Levy, Alan ......................................................... 41, 47, 68
Lichtenstein, Stephen ........................ 47, 55, 57, 64, 65, 68
Light, Sarah ....................................................... 42, 68, 79
Lipner, Seth ....................................................... 50, 66, 68
Liu, Junhai ......................................................... 44, 68, 75
Loafman, Lucas ................................................. 41, 46, 68
Lorentz, Romain ................................................ 41, 68, 69
O
O’Brien, Christine .............................................. 54, 63, 72
O’Reilly, Jennifer ............................................... 47, 54, 72
Olsen, Tricia ....................................................... 52, 66, 72
Orozco, David .................................. 44, 46, 50, 58, 66, 72
Oswald, Lynda ................................................... 46, 48, 72
P
Pacella, Jennifer ....................................................... 44, 72
Pagnattaro, Marisa Anne ........................ 42, 46, 48, 58, 72
82
Palin, Gary ......................................................... 47, 56, 72
Palmer, Suzanne .......................................... 42, 46, 72, 78
Pardau, Stuart........................................................... 48, 72
Park, Stephen ............................................... 44, 46, 57, 72
Park, Susan .................................................................... 39
Patel, Anjali ....................................................... 40, 59, 72
Pattison, Patricia ................................................ 44, 63, 72
Pennington, Aaron ......................................................... 53
Perry, Frederick ................................................. 51, 62, 73
Perry, Joshua ..................................... 43, 48, 51, 57, 59, 73
Perry, Sandra ..................................................... 54, 69, 73
Persons, Bonnie ................................................. 43, 52, 73
Petrone, Kim ............................................................ 49, 73
Petty, Ross ........................................ 46, 49, 50, 56, 71, 73
Phillips, Matthew ............................................... 48, 49, 73
Pollard, Randle ........................................................ 49, 73
Powell, Laura ..................................................... 40, 64, 73
Prenkert, Jamie .......................................46, 51, 58, 73, 76
Prentice, Robert ................................................. 40, 42, 73
Prescott, Peter .......................................................... 49, 74
Prum, Darren .......................................... 40, 49, 55, 66, 74
T
Thomas, Charles ................................................. 50, 66, 77
Thomas, Robert .................................................. 42, 77, 79
Thompson, Dale ........................................... 42, 48, 78, 79
Thor, Jennifer Cordon ........................................ 43, 54, 78
Thue, Matthew ................................................... 43, 67, 78
Trautman, Lawrence........................................... 44, 47, 78
Trotter, R. Clayton ................................................... 41, 78
Twomey, David ........................................................ 52, 78
V
Van Alstyne, Marshall........................................ 40, 59, 78
Vetter, Luke ....................................................... 52, 63, 78
Virk, Ashraf ....................................................... 44, 56, 78
W
Weis, William L. ...................................................... 54, 55
Weiser, Jay ......................................................... 47, 49, 78
Wells, Mary Ellen ........................................ 46, 52, 72, 78
Welsh, Michelle ................................................. 51, 55, 79
Weston, Harold .................................................. 45, 77, 79
Wiener, Robert ................................................... 43, 44, 79
Wiggins, William ......................................... 47, 52, 55, 79
Willey, Lorrie ..................................................... 54, 58, 79
Willey, Susan ................................... 45, 47, 63, 69, 77, 79
Williams, Melanie .................................. 42, 62, 68, 77, 79
Wooldridge, Barbara .......................................... 44, 59, 79
Wu, Alexander ......................................................... 41, 79
R
Rana, Shruti ............................................................. 43, 80
Raymond, Angie .....................................43, 53, 74, 76, 77
Razook, Nim ...................................................... 47, 53, 74
Read, David ................................................. 47, 53, 67, 74
Reed, Alex ......................................................... 39, 46, 74
Reid, Brad ............................................... 46, 51, 62, 74, 75
Reid, Rita-Marie Cain ........................................ 48, 66, 75
Rice, Dan ................................................................. 51, 75
Roberson, Jessie....................................................... 54, 75
Rodenberg, Ryan ..................................................... 44, 75
X
S
Xu, Haiyan ......................................................... 44, 75, 79
Salimbene, Franklyn .................................... 46, 53, 67, 75
Samples, Tim ........................................................... 49, 75
Sankaran, Harikumar ......................................... 44, 59, 75
Schadler, Fred .............................................. 46, 66, 70, 75
Schein, David..................................................... 43, 49, 75
Schipani, Cindy .................... 44, 45, 60, 68, 71, 75, 76, 79
Schulzke, Kurt ........................................ 48, 52, 57, 59, 76
Schwerha, Joseph ............................................... 51, 56, 76
Scott, Inara ......................................................... 43, 52, 76
Selznick, Loren ........................................................ 40, 76
Sepinwall, Amy ................................................. 46, 54, 76
Shackelford, Scott ............................. 51, 53, 62, 73, 74, 76
Shaw, Bill ................................................................ 48, 76
Shears, Peter ............................................................ 49, 76
Shedd, Peter ....................................................... 40, 77, 79
Sherman, Margaret .................................45, 47, 69, 77, 79
Siedel, George ......................................................... 53, 77
Silvaggio, Elisabeth ........................................... 40, 64, 77
Smith, Anthony .......................................43, 54, 67, 68, 77
Smith, Denise................................................................. 50
Sprague, Robert ................................ 42, 47, 48, 56, 63, 77
Staff, Marcia ................................................ 49, 50, 66, 77
Stemler, Abbey ............................................ 49, 53, 74, 77
Steslow, Donna .................................................. 52, 67, 77
Stokes, Alexis .................................................... 44, 51, 77
Strevens, Caroline .............................................. 46, 69, 77
Sulkowski, Adam ..................................................... 49, 77
Y
Yellin, Marta ............................................................ 53, 79
Yordy, Eric ........................... 40, 51, 56, 57, 64, 77, 79, 80
Z
Zaring, David ............................................... 47, 53, 57, 80
Zhang, Jenny ............................................................ 48, 80
83
84
85
86
87
88