ALSB Program - Academy of Legal Studies in Business
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Riverfront Skyline Courtesy of the New Orleans Metropolitan Convention and Visitors Bureau and photographer Richard Nowitz. 1 2 Academy of Legal Studies in Business 2011 Annual Conference New Orleans, Louisiana Table of Contents Welcome from the Program Chair ........................................................................... 4 Welcome from the President .................................................................................... 5 ALSB Executive Committee Members ................................................................... 6 ABLA / ALSB Past Presidents ................................................................................ 9 1995 - 2010 ALSB Annual Award Recipients ...................................................... 13 2011 - 2012 Regional Conferences ........................................................................ 19 Conference Program: Day-by-Day Schedule.................................................................................. 28 Abstracts ...................................................................................................... 46 Participant Index .......................................................................................... 68 2012 Annual Conference – Kansas City ................................................................ 71 2013 Annual Conference – Boston ........................................................................ 73 Map of Hotel Meeting Rooms ............................................................................... 75 3 Welcome Letter from the Program Chair Dear Friends and Colleagues, On behalf of our sponsoring schools, the Yale School of Management and the Tulane University Freeman School of Business, welcome to the Academy of Legal Studies in Business Annual Conference in New Orleans! We are here in this magnificent city to share cutting edge research and scholarship and to learn from some of the best teachers around. As you’ll see from the detailed schedule, we have a wonderful array of papers, panels, and workshops complemented by exciting social and cultural events. I would like to thank our Executive Secretary Dan Herron and our able Program Coordinator Shelly Whitmer for all their help organizing this program. Please contact any of us or a member of The Roosevelt hotel staff if you need assistance. We chose New Orleans not only to walk in the shoes of Louis Armstrong and Huey Long, but also to celebrate the indomitable spirit of its citizens. Take a stroll from the hotel and enjoy all this historic city has to offer. Savor its food, tap your foot to the beat, and chill. Connie Constance E. Bagley Program Chair 4 Welcome message from your President Dear Colleagues: On behalf of the Executive Committee of the Academy of Legal Studies in Business, it is my pleasure and honor to welcome you to the eighty-sixth annual conference of the Academy. The schedule put together by the Program Chair, Connie Bagley, includes a tantalizing array of research sessions, pedagogical presentations and panel discussions, punctuated by social events unique to the New Orleans tradition. The opportunity to expand our knowledge, disseminate our work, and connect with colleagues and friends, all within the ALSB tradition of support and excellence, continues in full force! Please enjoy both the program that Connie has provided and your visit to New Orleans. May the excellence of the conference help to provide energy for the new academic year, and may 2011-12 be filled with success. Best Regards, Janine Janine S. Hiller 2010-11 ALSB President 5 2010 - 2011 ALSB Executive Committee President President-Elect Vice President Janine Hiller Virginia Tech Constance E. Bagley Yale School of Management Carol Miller Missouri State University Dept of Fin, Ins & Bus Law Blacksburg, VA 24061 Office: 540-231-7346 jhiller@vt.edu 135 Prospect Street PO Box 208200 New Haven, CT 06520 Office: 203-432-8398 connie.bagley@yale.edu Finance and General Business 901 South National Ave. Springfield MO 65897 carolmiller@missouristate.edu Secretary-Treasurer Past President ABLJ Editor-in-Chief Robert E. Thomas University of Florida Lucien J. Dhooge Georgia Institute of Technology Ann Olazabal University of Miami, Florida College of Business Admin. Gainesville, FL 32611 rethomas@ufl.edu College of Management 800 West Peachtree Street, NW Office Number 416 Atlanta, GA 30308-1149 Office: 404-385-7312 lucien.dhooge@mgt.gatech.edu School of Business Admin. Business Law Department 5250 University Drive #321 Jenkins Building Room 323E Coral Gables, FL 33146-2000 Office: 305-401-4508 aolazabal@miami.edu JLSE Editor-in-Chief AACSB Int'l Liaison Executive Secretary Tonia Hap Murphy University of Notre Dame Peter Shedd University of Georgia Daniel Herron Miami University Mendoza College of Business Notre Dame, IN 46556 Phone: 574-272-2228 murphy.76@nd.edu Terry College of Business Admin. Department of Insurance, Legal Studies and Real Estate Athens, GA 30602 Phone: 706-543-0360 pshedd@uga.edu 3111-Farmer School of Business Department of Finance Oxford, OH 45056 Telephone: 800-831-2903 herrondj@muohio.edu 6 7 8 Past Presidents American Business Law Association / Academy of Legal Studies in Business C. Reed University of Pittsburgh Charles N. Hulvey University of Virginia 1930 Alfred W. Bays Northwestern University 1931 Earl S. Wolaver University of Michigan 1932-33 Carl J. Altmaier Drexel University Miles H. Jones University of Pittsburgh Sheldon C. Tanner Penn State University 1937 John C. Teevan Northwestern University 1938 Thomas S. Kerr University of Idaho 1939 Harold F. Lusk Indiana University-Bloomington 1940 S. Homer Smith Temple University 1941 Essel R. Dillavou University of Illinois 1947 Gerald O. Dykstra Ohio University 1948 Robert E. Stone Syracuse University 1949 Lewis F. Mayers City College of New York 1950 John F. Sembower Northwestern University 1952 Paul C. Roberts University of Illinois 1953 Edward A. Smith Syracuse University 1954 Joseph L. Frascona University of Colorado 1955 Milton B. Dickerson Michigan State University 1956 Wesley C. Harter Florida State University 1957 Cornelius W. Gilliam University of Washington 1958 Harry M. Schuck University of Wisconsin 1959 William Zelermyer Syracuse University 1960 Hendrik Swarensteyn Michigan State University 1961 John L. Wyatt University of Florida 1962 Dwayne L. Oglesby Louisiana Tech University 1963 Kathryn H. Duffy University of Nevada 1964 William J. Robert University of Oregon 1965 Charles Martin City University of New York 1966 Dugald W. Hudson Georgia State University 1967 Russell Decker Bowling Green State University 1968 John R. Carrell North Texas State University 1969 Gary I. Salzman University of Miami 1970 Edwin Kassoff Pace University 1971 Gaylord A. Jentz University of Texas at Austin 1972 9 1924-29 1934 1935-36 Past Presidents Continued Thomas J. Wynn DePaul University 1973 Barbara George California State University-Long Beach 1974 Phillip J. Scaletta, Jr. Purdue University 1975 Charles M. Hewitt Indiana University-Bloomington 1976 Jordan B. Ray University of Florida 1977 Edwin W. Tucker University of Connecticut 1978 Terry L. Lantry Colorado State University 1979 Michael P. Litka University of Akron 1980 Gerard Halpern University of Arkansas-Fayetteville 1981 G. Gale Roberson Northwestern University (Honorary) 1981 William G. Elliot Saginaw Valley State University 1982 Robert N. Corley University of Georgia 1983 John D. Donnell Indiana University-Bloomington 1984 Paul M. Lange California State University-Fresno 1985 Bruce D. Fisher University of Tennessee 1986 Patricia Pattison University of Wyoming 1987 Frank F. Gibson Ohio State University 1988 Robert R. Jespersen University of Arkansas-Little Rock 1989 Thomas W. Dunfee University of Pennsylvania 1990 Bill Shaw University of Texas at Austin 1991 Brenda Knowles Indiana University South Bend 1992 O. Lee Reed University of Georgia 1993 Marsha E. Hass College of Charleston 1994 Donald R. Nelson University of Denver 1995 Richard L. Coffinberger George Mason University 1996 Frances J. Hill University of Wisconsin-Whitewater 1997 Caryn L. Beck-Dudley Utah State University 1998 Peter J. Shedd University of Georgia 1999 Sally Gunz University of Waterloo 2000 Frank Cross University of Texas 2001 Virginia Maurer University of Florida 2002 James Highsmith California State University-Fresno 2003 Nancy Kubasek Bowling Green State University 2004 Terry M. Dworkin Indiana University-Bloomington 2005 Frances E. Zollers Syracuse University 2006 Lynda J. Oswald University of Michigan 2007 Robert B. Bennett, Jr. Butler University 2008 Kathleen A. Lacey California State University-Long Beach 2009 Lucien Dhooge Georgia Institute of Technology 2010 10 11 12 Annual Awards 1992-2010 Senior Distinguished Faculty Awards 2008 2006 2004 2003 2002 2001 2000 1999 1998 1997 1995 Terry Morehead Dworkin, Indiana University Constance Bagley, Harvard University Peter Shedd, University of Georgia George D. Cameron III, University of Michigan Steve Salbu, University of Texas at Austin Arthur Marinelli, Ohio University Gerald Ferrera, Bentley College Deborah Ballam, Ohio State University Fran Zollers, Syracuse University Brenda Knowles, Indiana University at S. Bend Bill Shaw, University of Texas at Austin Lee Reed, University of Georgia Junior Distinguished Faculty Awards 2010 2008 2007 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 Corey Ciocchetti, University of Denver David W. Hess, University of Michigan Leigh Anenson, University of Maryland Dan Cahoy, Penn State University Stephanie Greene, Boston College Ann Morales Olazabal, University of Miami Robert C. Bird, Seton Hall University Lucien Dhooge, University of the Pacific Bruce Zucker, Cal State at Northridge Martin McCrory, Indiana University Joan Gabel, Georgia State University Tim Fort, University of Michigan Dana Muir, University of Michigan Dan Ostas, University of Maryland Kay Duffy Outstanding Service Award (First awarded in 1998) 2010 2008 2006 2005 Virginia Maurer, University of Florida Gaylord Jentz, University of Texas Lynda J. Oswald, University of Michigan Ernie King, University of Southern Mississippi Lucien Dhooge, University of the Pacific Joan Gabel, Georgia State University 2002 2001 2000 1999 1998 Sandy Searleman, Adirondack Community College Sally Gunz, University of Waterloo Marsha Hass, College of Charleston Peter Shedd, University of Georgia Caryn Beck-Dudley, Utah State University Charles M. Hewitt Master Teacher Awards (First awarded in 1998) 2010 2009 2008 2007 2006 2005 Marisa Pagnattaro, University of Georgia Marcia Staff, University of North Texas Ross Petty, Babson College Patricia Pattison, Texas State University Corey Ciochetti, University of Denver Jordan Halgas, California State University, Sacramento 2004 2003 2002 2001 2000 1999 1998 Julie Magid, Indiana University Jeff Sharp, Penn State University Tom Cavenagh, North Central College Peter Bowal, University of Calgary Carolyn Hotchkiss, Babson College Nancy Oppenheim, Fort Lew College Jeff Beatty, Boston College Virginia Maurer Outstanding Ethics Paper Award (First awarded in 2007) 2010 2009 2008 Norman Bishara, University of Michigan George Siedel, University of Michigan Don Mayer, University of Denver 2007 Carol Bast, University of Central Florida Linda Samuels, George Mason University 13 Annual Awards 1992-2010 Continued Proceedings Papers Awards (First awarded in 1992) 2010 Susan L. Martin, Hofstra University Norman Bishara, University of Michigan Lucien Dhooge, Georgia Institute of Technology 2000 Tim Fort, University of Michigan Cindy Schipani, University of Michigan Susan L. Martin, Hofstra University 2009 Corey Ciocchetti, University of Denver John Holcomb, University of Denver Dale B. Thompson, University of St. Thomas Robert Bird, University of Connecticut 1999 2008 Daniel T. Ostas, University of Oklahoma Debra Burke, Western Carolina University Wade Chumney, Belmont University David L. Baumer, North Carolina State University Roby Sawyers 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 2007 Debra Burke, Western Carolina University Beverly Earle, Bentley College Robert Landry Christina Madek Gerald Madek, Bentley College Amy Yarborough 2006 Debra D. Burke, Western Carolina University Lucien J. Dhooge, University of the Pacific Susan L. Martin, Hofstra University 2005 Dana Muir, University of Michigan Cindy Schipani, University of Michigan Paula Schaefer, Central Missouri University Dawn Swink, University of St. Thomas Jordan T.L. Halgas, CSU, Sacramento Lucien Dhooge, University of the Pacific 2004 2003 Dana Muir, University of Michigan Cindy Schipani, University of Michigan Lucien Dhooge, University of the Pacific Robert Kearney, Illinois Wesleyan University Robert Kearney, Illinois Wesleyan University Lynda J. Oswald, University of Michigan 2002 Robert Kearney, Illinois Wesleyan University Cindy Schipani, University of Michigan Tim Fort, University of Michigan 2001 Lynda J. Oswald, University of Michigan Dana Muir, University of Michigan Cindy Schipani, University of Michigan 14 Annual Awards 1992-2010 Continued Holmes-Cardozo Awards Best Submitted Paper at the Annual Conference (First awarded in 1996) 2010 Outstanding Paper: Corey Ciocchetti, University of Denver Distinguished Paper: Robert Sprague, University of Wyoming, and Aaron J. Lyttle 2009 Best Paper: Robert Emerson, University of Florida Distinguished Paper: T. Leigh Anenson, University of Maryland 2008 Best Paper: Wade Chumney, Belmont University, David L. Baumer, North Carolina State University, and Roby Sawyers Distinguished Paper: Adam J. Sulkowski, UMass Dartmouth, and Robert W. Emerson, Univ of Florida 2007 Best Paper: Robert Bird, University of Connecticut, and Dan Cahoy, Penn State University Distinguished Paper: Debra Burke, Western Carolina University and Leigh Anenson, University of Maryland 2006 Best Paper: Beverly Earle and Gerald Madek, Bentley College Distinguished Papers: Kevin Marshall and Juanda Lowder Daniel, University of LaVerne, and Charles H. Smith, California State University-Fullerton 2005 Best Paper: Nancy King, Oregon State University, and Gail Lasprogata, Seattle University Distinguished Paper: T. Leigh Anenson, University of Maryland 2002 Best Paper (tie): Dan Cahoy, Penn State University, and Lucien Dhooge, University of the Pacific Distinguished Paper: Joshua Newberg; Nancy Mansfield and Joan Gabel, Georgia State University, and Ross Petty, Babson College 2001 Best Paper: Royce Barondes, University of Georgia; Eletta Callahan, Syracuse University; Terry M. Dworkin, Indiana University; and Tim Fort and Cindy Schipani, University of Michigan Distinguished Paper: Sally P. Gunz, University of Waterloo and Hugh P. Gunz, University of Toronto 2000 Best Paper: Susan L. Martin, Hofstra University Distinguished Paper: Eletta Callahan, Syracuse University, and Terry M. Dworkin, Indiana University 1999 Best Paper: Andrea Giampetro-Meyer, Loyola Distinguished Papers: Lynda Oswald, University of Michigan, and Nim Razook, Oklahoma University 1998 Best Paper: Neil Browne, Bowling Green State Univ. Distinguished Papers: Dan Ostas, University of Maryland, and Robert Thomas, University of Florida 1997 Best Paper: Robert Emerson, University of Florida 1996 Best Paper: Steve Salbu, University of Texas at Austin Distinguished Papers: Susan Martin, Hofstra University, and Virginia Maurer and Robert Thomas, Univ of Florida 2004 Best Paper: Terence Lau, University of Dayton Distinguished Paper: T. Leigh Anenson, Univ of Akron 2003 Best Paper: Lynda Oswald, University of Michigan 15 Annual Awards 1992-2010 Continued Proceedings Papers Awards (First awarded in 1992) 2009 Corey Ciocchetti and John Holcomb, University of Denver Dale B. Thompson, University of St. Thomas Robert Bird, University of Connecticut 2008 Daniel T. Ostas, University of Oklahoma Debra Burke, Western Carolina University Wade Chumney, Belmont University David L. Baumer, North Carolina State University Roby Sawyers 2007 Debra Burke, Western Carolina University Beverly Earle, Bentley College Robert Landry Christina Madek Gerald Madek, Bentley College Amy Yarborough 2006 Debra D. Burke, Western Carolina University Lucien J. Dhooge, University of the Pacific Susan L. Martin, Hofstra University 2005 Dana Muir and Cindy Schipani, University of Michigan Paula Schaefer, Central Missouri University Dawn Swink, University of St. Thomas, and Jordan T.L. Halgas, California State University, Sacramento Lucien Dhooge, University of the Pacific 2004 Dana Muir and Cindy Schipani, University of Michigan Lucien Dhooge, University of the Pacific Robert Kearney, Illinois Wesleyan University 2003 Robert Kearney, Illinois Wesleyan University Lynda J. Oswald, University of Michigan 2002 Robert Kearney, Illinois Wesleyan University Cindy Schipani and Tim Fort, University of Michigan 2001 Lynda J. Oswald, University of Michigan Dana Muir and Cindy Schipani, University of Michigan 1999 Joan Gabel, Georgia State University Michael Bradley, Duke University, Cindy Schipani, University of Michigan, Anant Sundram, Thunderbird, and James P. Walsh, Univ of Michigan Tim Fort, University of Michigan 1998 Daniel T. Ostas, University of Maryland Lynda J. Oswald, University of Michigan James J. Noone and Tim Fort, University of Michigan 1997 Tim Fort, University of Michigan Dana Muir, University of Michigan Edward Schoen, Rowan University and Joseph Falchek, King's College 1996 Tim Fort, University of Michigan Dana Muir, University of Michigan Susan Martin and Nancy White Huckins, Hofstra Univ 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. Martin and Jonathan L. Martin, Hofstra University Bill Shaw, University of Texas 1993 Ramona Paetzold, Texas A&M University, and Bill Shaw, University of Texas Art Marinelli, Ohio University Cindy Schipani, University of Michigan 1992 Lynda J. Oswald, University of Michigan John W. Yeargain and John R. Tanner, Southeastern Louisiana University Susan L. Martin, Hofstra University Linda S. Hamilton and Michael P. Roberts Dan Herron, Miami University, Sheila Adams, and Richard Engdahl 2000 Tim Fort and Cindy Schipani, University of Michigan Susan Martin, Hofstra University 16 Annual Awards 1992-2010 Continued Hoeber Memorial Awards (Journal Articles) (First awarded in 1995) 2010 ABLJ Outstanding Article: Robert Prentice and Dain Donelson, University of Texas at Austin ABLJ Distinguished Paper: Shelley McGill, Wilfrid Laurier University, and Nim Razook, University of Oklahoma JLSE Outstanding Article: Bill McClendon, Debra Burke, and Lorrie Willey, Western Carolina University JLSE Excellence in Research: Susan L. Willey and Peggy B. Sherman, Georgia State University 2009 ABLJ Best Paper: Robert Prentice, University of Texas at Austin ABLJ Excellence in Research: Nim Razook, University of Oklahoma JLSE Best Article: Tonia Murphy, Univ of Notre Dame JLSE Excellence in Research: Robert Bennett, Butler University, and Roger Johns, New Mexico State Univ 2008 ABLJ Outstanding Article: Daniel T. Ostas, Univ of Oklahoma ABLJ Excellence in Research: Janine Hiller, Virginia Tech, Jung-Min Park, Michael Hsiao, and France Belanger JLSE Outstanding Article: Marianne Jennings, Arizona State University, and Stephen K. Happel JLSE Distinguished Article: Shelly McGill, Wilfrid Laurier University 2007 ABLJ Outstanding Article: Don Mayer, University of Denver and Paula Schaefer, University of Central Missouri JLSE Excellence in Research: Carol Miller, Missouri State University, and Susan Crain 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 Nevada-Las 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 2001 ABLJ Distinguished Paper: Nim Razook, University of Oklahoma ABLJ Outstanding Article: Larry DiMatteo, University of Florida ABLJ Excellence in Research: Lucien Dhooge, University of the Pacific, and Judith Ogden, Indiana Univ-Kokomo JLSE Excellence in Research: Lucien Dhooge, University of the Pacific 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 17 Annual Awards 1992-2010 Continued Hoeber Memorial Awards (Journal Articles) Continued (First awarded in 1995) 1999 ABLJ Outstanding Article: Robert Prentice, University of Texas ABLJ Excellence in Research: Dan Ostas, University of Oklahoma, Sandra Miller, Widener University, and Tim Fort, University of Michigan JLSE Outstanding Article: Caryn Beck-Dudley, Utah State University, and Marianne Jennings, Arizona State University ABLJ Excellence in Research: Robert Thomas and Virginia Maurer, University of Florida, and Lee Reed, University of Georgia JLSE Outstanding Articles: Nancy Kubasek, Bowling Green State University, and Catharyn Baird, Regis University 1998 ABLJ Outstanding Article: Bob Bennett, Butler University, and Jordan Leibman, Indiana University ABLJ Excellence in Research: Lee Reed, University of Georgia, Terry Dworkin, Indiana University, and Frank Cross, University of Texas at Austin JLSE Outstanding Co-Articles: Jack Raisner, St. John's University, and Al Mukatis, Oregon State University 1997 ABLJ Outstanding Article: Arlen Langvardt and Eric Richards, Indiana University 1996 ABLJ Outstanding Article: Dan Dalton and Mike Metzger, Indiana University ABLJ Excellence in Research: Michael J. Garrison and Terry W. Knoepfle, North Dakota State University, James MacDonald, Weber State University; and Caryn BeckDudley, Utah State University JLSE Outstanding Articles: Lucy Katz, Fairfield University, and Marianne Jennings, Arizona State University 1995 ABLJ Outstanding Article: Lee Reed, University of Georgia ABLJ Excellence in Research: John Allison, University of Texas at Austin, and Michael Braswell, P.R. Chandry, Stephen Poe, and Charles Foster, University of North Texas JLSE Outstanding Article: Lynn Sharp Paine, Harvard University CIBER International Case Competition Awards Sponsored by Indiana University Center for International Business Education and Research (First awarded in 1999) 2010 Larry DiMatteo, University of Florida Virginia Maurer, University of Florida 2003 Susan Monseau, Rider College 2009 Sally Gunz, University of Waterloo John McCutcheon, Wilfrid Laurier University 2007 Lisa Johnson, University of Portland 2006 Lisa Johnson, University of Puget Sound 2005 Janine Hiller, Virginia Tech 2000 Don Mayer, Oakland University (co-winner) Chris Car, Cal-Poly/San Luis Obispo (co-winner) George Siedel, University of Michigan (co-winner) 2004 Lucien J. Dhooge, University of the Pacific 1999 Bev Earle, Bentley College 2002 John McCutcheon, Wilfird Laurier University Sally Gunz, University of Waterloo 2001 Peter Bowal, University of Calgary (co-winner) Bill Shaw, University of Texas (co-winner) 18 19 MIDWEST ACADEMY OF LEGAL STUDIES IN BUSINESS Annual Conference The Drake Hotel, Chicago, Illinois March 28-30, 2012 Join the MALSB for our 2012 Annual Conference at the historic Drake Hotel, located in downtown Chicago on North Michigan Avenue at the top of the “Magnificent Mile.” As in years past, the conference will be held in conjunction with the multi-disciplinary MBAA International Conference, long billed as “America’s best conference value” for both professional development and personal enjoyment. Professional opportunities include: publication in the refereed MALSB Proceedings, the MALSB Proceedings Outstanding Paper Award, and the MBAA International Distinguished Paper Award for Legal Studies. Participants have the opportunity to win an award as part of the Master Teacher Competition. Make plans to attend now! The registration deadline to appear on the MALSB track in the MBAA International Conference program and to submit a paper for the MBAA International Distinguished Paper Award is October 21, 2011. The paper submission deadline for the refereed MALSB Proceedings and its Outstanding Paper Award is January 15, 2012. For more information or a registration packet, contact: Daniel Botz, MALSB Vice-President and Program Chair Kansas Wesleyan University dbotz@kwu.edu Visit our website: www.malsb.org MID ATLANTIC ACADEMY OF LEGAL STUDIES IN BUSINESS Baltimore, Maryland: Friday-Saturday March 30-31, 2012 We hope you can join us in historic Inner Harbor, Baltimore for our lively two-day conference Papers submitted by March 5, 2012 will be considered for publication in the Atlantic Law Journal and presentation at the Annual Conference. Please confirm attendance by March 20, 2012. For more information, please check the ALSB website’s link to MAALSB, or contact Donna Steslow, President at steslow@kutztown.edu 20 See you at the Alamo, MARCH 8-10, 2012! We’ll be returning to historic San Antonio, Texas for another outstanding conference at the El Tropicano Hotel on the Riverwalk. SALSB 2011 featured over 60 papers and 95 registrations from across the country, and our attendees voted SALSB the “Best Regional” for the fifth year in a row! The 2011 Best Paper Award and a $300 cash prize were awarded to Professors Edward Schoen (Rowan College) and Joseph Falchek (King’s College) for their paper “Pleasant Grove City v. Summum: Government Speech Takes Center Stage.” SALSB now has two peerreviewed journals – the SOUTHERN LAW JOURNAL (Daniel T. Ostas, Editor-in-Chief) and the SOUTHER JOURNAL OF BUSINESS AND ETHICS (Marty Ludlum, Editor). For more information, visit our website at www.salsb.org, or contact our Executive Director, Professor Laura Sullivan at 936-294-4631 or laura@salsb.org. PACIFIC SOUTHWEST ACADEMY OF LEGAL STUDIES IN BUSINESS Time to Plan for Best Regional Conference PALM SPRINGS February 16-19, 2012 Presidents’ Weekend (for the next 3 years) Winter Break at the Oasis Great Colleagues -Great Papers- Great Dining - Great Events Hilton Palm Springs Resort 760-320-6868 (conference room rate $169.00 same as last year) www.pswalsb.com gem13@ymail.com Gideon Mark, Univ. of Maryland 2012 PSWALSB Conference Chair 21 Cash Awards $1000 for Best Paper and additional cash awards for Distinguished Papers Double-Blind-Peer- Reviewed Pacific Northwest April 20-21, 2012, in Portland, Oregon Nowhere explodes with new life and color in the spring like the Pacific Northwest. This refreshment and inspiration is always matched by the supportive and fun atmosphere of the Pacific Northwest ALSB regional conference. The next one will be held on April 20-21, 2012, in Portland, Oregon. We will start with a reception on Thursday evening, April 19th and end shortly after lunch on Saturday, April 21st. We promise the same low cost and friendly high value in what has deservedly become a favorite among ALSB regional academic meetings. This meeting will make ALSB history with the inaugural Lecture of a Lifetime delivered by one of our senior colleagues. Who will it be? Registration details will be available in early 2012. In the meantime, if you have any questions, please contact either program co-chair: Denise Farag of Linfield College at dfarag@linfield.edu (telephone: 503-883-2615) or Peter Bowal of the University of Calgary at bowal@ucalgary.ca (telephone: 403-220-7415). North East The North East Academy of Legal Studies in Business invites you to enjoy a spring weekend with a supportive group of colleagues at a luxury resort in the distinctive city of Saratoga Springs, New York. Please plan to join us at the 2012 North East Academy of Legal Studies in Business annual conference from Friday, April 27 – Sunday, April 29 at the Gideon Putnam Resort in beautiful Saratoga Springs, New York. Unanimously voted 2011 Best Regional Conference, our conference will feature its usual high quality academic paper presentations and panel discussions as well as our annual "Best Conference Paper" award. This is an opportunity to interact with one of the most collegial, supportive and welcoming groups that you will ever find. If you have not attended one of our regional conferences in the past, please come to see what you have been missing. You will not be disappointed. If you have any questions or need additional information, please contact the NEALSB President-Elect and Program Chair, Elizabeth A. Marcuccio, at emarcuccio@siena.edu or at (518) 782-6589. If you have any questions or need additional information, please contact the NEALSB President-Elect and Program Chair, Victor D. López, at victor.lopez@hofstra.edu or at (516) 463-6174 (office) or (516) 515-4229 (home). 22 23 24 25 26 27 Tues, 8/9 – Wed, 8/10 Day-by-Day Schedule Tuesday, August 9 ALSB Office 8:00 AM – 6:00 PM Bienville Executive Committee Meeting and Lunch 11:00 AM – 5:00 PM Long Board Room Registration 2:00 PM – 5:00 PM Bienville Exhibits (Set-up) 6:00 PM – 9:00 PM Waldorf-Astoria Ballroom Wednesday, August 10 Continental Breakfast 7:30 AM – 9:30 AM Waldorf-Astoria Ballroom Registration 8:00 AM – 4:30 PM Bienville Exhibits 8:00 AM – 4:30 PM Waldorf-Astoria Ballroom A Workshop Session (A1): Introduction Empirical Legal Studies 9:00 AM – 12:00 PM Lafitte-Conti Robert Bird, University of Connecticut (Co-Presenter) John Allison, University of Texas, Austin (Co-Presenter) 9:00 AM – 12:00 PM Pontalba 10:15 AM – 10:45 AM Waldorf-Astoria Ballroom 12:00 PM – 1:30 PM Orpheum Academic Sessions (B1 – B6) 1:30 PM – 3:00 PM Locations Session B1 Panel: Ethics & CSR Pontalba House of Delegates Coffee Break Compliments of Cengage Learning Newcomers’ Lunch B Business and Human Rights: Panel Discussion of the New UN Framework Janine Hiller, Virginia Tech (Chair) Lucien Dhooge, Georgia Institute of Technology Robert Bird, University of Connecticut Session B2 Employment / Labor Law Conti Moderator: Michael Connolly, University of Surrey 1. Genetic Testing: Ethical, Economic, and Legal Implications for Employees and Business Organizations (Whose Right Is It Anyway?) by Emmanuel Chijioke, Stillman College. 2. Recent Developments in Arbitration by Patrick Cihon, Syracuse University. 3. Is the Inevitable Disclosure Doctrine Too Vague to Adequately Protect Employees? by Lynn Forsythe, California State University, Fresno. 4. Negative Credentials: Fair and Effective Consideration of Criminal Records by Stacy Hickox and Mark Roehling, Michigan State University. 28 Day-by-Day Schedule Session B3 Wed, 8/10 Development Track: Employment / Labor Law Lafitte Moderator: Jane Mallor, Indiana University 1. Developing “The Look”: Branding Strategies, Appearances Biases, and Employment Discrimination by Karl Boedecker, University of San Francisco, and Fred Morgan, Wayne State University. 2. Supreme Court Expands Pool of Title VII Retaliation Claimants Leaving Employers Vulnerable by M. Yvonne Demory, George Mason University. 3. State Employees, Unions and Free Speech by Melanie Williams and Dennis Halcoussis, California State University, Northridge. 4. Retaliatory Disclosure by Jamie Darin Prenkert, Julie Manning Magid, and Allison Fetter-Harrott, Indiana University. Session B4 Selected Topics Napoleon Moderator: Robert Bennett, Butler University 1. The Dance Continues: Multi-State Corporations Do Battle with Various States in Real Space and Cyberspace Over State Income Taxes and Sales and Use Taxes by David Baumer, North Carolina State University, and Wade Chumney, Georgia Institute of Technology. 2. Guilt by Association: “Small World” Implications for Big World Business Consequences in Post 9/11 America by Cynthia Brown and Carol Bast, University of Central Florida. 3. Use of Non Voice Access Technology Driving the Need to Create Federal and State NG911 and IP-Enabled Network Policies by James Holloway, Elaine Seeman, and Margaret O’Hara, East Carolina University. 4. Regulation of Sporting Goods Innovation by Jessie Roberson, Ohio University. Session B5 Property Law / Real Estate Producers Moderator: Kenneth Goldsmith, Chattanooga State University 1. Robo Signers: The Legal Quagmire of Invalid Residential Foreclosure Proceedings Due to Lack of Due Diligence, and the Resultant Potential Impact Upon Stakeholders by Gloria Liddell and Pearson Liddell, Mississippi State University. 2. The Subprime Mortgage Crisis and its Impact on Minority Communities by Karen Gantt, University of Hartford. 3. Don’t Burst the Bubble: An Analysis of the First-Time Homebuyer Credit and Its Use as an Economic Policy Tool by Sarah Webber, University of Dayton. 4. When a Common Interest Development Falls Apart Who Is Required to Pick Up the Pieces? by Jennifer Cordon Thor, Oakland University Session B6 Regulatory and Consumer Law Directors Moderator: Laura Ginger, Indiana University 1. The Impact of the Shift Away from Defined Benefit Plans to Defined Contribution Plans in Australia, the United Kingdom, and the United States by Elizabeth Brown, Georgia State University. 2. Is the Push to Federal Actions Under the PSLRA and SLUSA the Best Way to Handle Securities Class Action Cases? by Brian Elzweig, Texas A&M University. Coffee Break Compliments of Cengage Learning 2:45 PM – 3:45 PM 29 Waldorf-Astoria Ballroom Wed, 8/10 – Thurs, 8/11 Day-by-Day Schedule C 3:30 PM – 5:00 PM Workshop Session (C1): The Technology of Teaching: Matching the Medium to the Message Orpheum Ida M. Jones, California State University, Fresno (Chair) Brian Levey, University of Notre Dame David Schein, Virginia State University 5:30 PM – 7:30 PM Ice-Breaker Reception at Tulane Goldring/Woldenberg Hall (buses leave hotel at 5:15 PM) Thursday, August 11 Registration 7:30 AM – 5:00 PM Bienville Continental Breakfast 7:30 AM – 9:00 AM Waldorf-Astoria Ballroom Irwin/McGraw-Hill Tech Session 7:30 AM – 8:45 AM Conti Employment Law Section Breakfast Guest Speaker: David Korn, Partner at Phelps Dunbar, New Orleans 7:30 AM – 9:00 AM Orpheum 8:00 AM – 5:00 PM Waldorf-Astoria Ballroom 9:00 AM – 10:15 AM Locations Roundtable: Publishing & Peer Review Opportunities Long Board Room Sponsored by Wolters Kluwer Law & Business – Aspen College Series Exhibits D Academic Sessions (D1 – D7) Session D1 Meet the Editors of the American Business Law Journal Ann Olazábal, University of Miami (Chair) Jamie Darin Prenkert, Indiana University Session D2 Panel: Pedagogy Pontalba Beyond Student Evaluations: Building the Case for Effective Teaching Carolyn Hotchkiss, Babson College (Chair) Nim Razook, University of Oklahoma Elliot Axelrod, Baruch College Susan Willey, Georgia State University Session D3 Strategic Planning Conti Open Discussion on ALSB Strategic Planning with ALSB President, Janine Hiller, Virginia Tech 30 Day-by-Day Schedule Thurs, 8/11 Session D4 Employment / Labor Law Lafitte Moderator: Gloria Liddell, Mississippi State University 1. Can You Be Too Religious? How the Civil Rights Act Addresses Proselytizing in the Workplace by Judith Stilz Ogden, Clayton State University. 2. Building a New Bridge Over Troubled Waters: Lessons Learned from Canadian and U.S. Arbitration of Human Rights and Discrimination Employment Claims by Ann Marie Tracey and Shelley McGill, Xavier University. 3. The Effect of Legal Protection Against Weight-Based Employment Discrimination on Overweight Women and Men: An Empirical Investigation by Mark Roehling, Michigan State University, and Patricia Roehling, Hope College. 4. Justice, Employment, and the Psychological Contract by Robert Bird, University of Connecticut, and Larry DiMatteo and Jason Colquitt, University of Florida. Session D5 Ethics & CSR Napoleon Moderator: Pearson Liddell, Mississippi State University 1. A Fire in the Global Village: Teaching Ethical Reasoning and Stakeholder Interests Utilizing the U.S. Tobacco Industry by Lucien Dhooge, Georgia Institute of Technology. 2. Are They Window Dressing? A Look at the Use and Effectiveness of Ethics and Compliance Officers Pre- and PostSOX by Tammy Cowart, University of Texas at Tyler. 3. The Ethics of Corporate Legal Strategy: A Response to Professor Mayer by Daniel Ostas, University of Oklahoma. 4. Peer Pressure: A Jewish Business Ethics Analysis of Creating an Ethical Corporate Culture by Robert Wiener, Pace University. Session D6 Intellectual Property Law Producers Moderator: Patricia Nunley, Baylor University 1. Inverse Enclosure: Abdicating the Green Tech Patent Landscape by Dan Cahoy, Penn State University. 2. The Evolving Role of Opinions of Patent Counsel in Federal Circuit Cases by Lynda Oswald, University of Michigan. 3. Promoting the Development of Web 2.0: Limit Secondary Liability and Expand Fair Use by Susanna Monseau, The College of New Jersey. 4. Copyright on a Diet: Evolution of the Thin Copyright Doctrine by Deborah Kemp, California State University, Fresno. Session D7 Corporate Governance, SOX, and Dodd-Frank Directors Moderator: Scott Shackelford, Indiana University 1. The BP Case: Crisis Management and Legal Liability by John Holcomb, University of Denver. 2. When Size Matters: Implications for Public Policy from the Stock Options Backdating Scandal by Cindy Schipani, University of Michigan. 3. Teaching the Foreign Corrupt Practices Act by Mike Koehler, Butler University. 4. “2Big-2Frail” – Too Big to Fail v. Too Connected to Ignore: Managing Systemic Risk in Dynamic Financial Networks by John Bagby, Penn State University. Coffee Break Compliments of Cengage Learning 10:15 AM – 10:45 AM 31 Waldorf-Astoria Ballroom Day-by-Day Schedule Thurs, 8/11 E Academic Sessions (E1 – E7) 10:30 AM – 11:45 AM Locations Panel Long Board Room Session E1 Successful Research in Empirical Legal Studies Robert Bird, University of Connecticut (Chair) Robert Bennett, Butler University David Baumer, North Carolina State University Dan Cahoy, Pennsylvania State University Session E2 Panel: Pedagogy Pontalba Developing and Implementing an International Travel Component in a Law Course Franklyn P. Salimbene, Bentley University (Chair) Joseph J. Schwerha, California University of Pennsylvania Marisa Anne Pagnattaro, University of Georgia Joanne G. Gurley, Lake Erie College Session E3 Panel: Pedagogy Conti Business Education Under Attack: Can the Criticisms in Academically Adrift and Rethinking Undergraduate Business Education be Addressed by Strong Business Law and Ethics Programs? Joshua Perry, Indiana University at Bloomington (Chair) Christina Benson, Elon University Linda Christiansen, Indiana University Southeast Jere Morehead, University of Georgia Tonia Hap Murphy, University of Notre Dame Jamie Darin Prenkert, Indiana University Session E4 Development Track: Selected Topics Lafitte Moderator: Laurie Lucas, Oklahoma State University 1. U.S. Sales Law as Global Law: Recent CISG Precedents by Ann Olazábal, University of Miami. 2. Facebook Is Your Friend – Teaching the Legal Environment of Business Using Facebook by Laura Davis, Bloomsburg University. 3. Teaching the Basics of Employment Law to Legal Environment Students: Practical Strategies for Positive Results by Bill Greenhaw and John Norwood, University of Arkansas. 4. Jazzing Up the Business Law Courses by Karen Morris, Monroe Community College. Session E5 Employment / Labor Law Napoleon Moderator: Sally Gunz, University of Waterloo 1. That Job Should Have Been Mine: A Case Study of a Hiring Nightmare by Judith Hunt, East Carolina University, and Marsha Hass, College of Charleston. 2. Three Problems with Retaliation – A Comparison With the United Kingdom by Michael Connolly, University of Surrey. 3. Mitigation of Wrongful Termination Damages by Michael J. O’Hara, University of Nebraska. 32 Day-by-Day Schedule Thurs, 8/11 Session E6 Pedagogy Producers Moderator: Megan Mowrey, Clemson University 1. Promoting Deeper Student Learning Through In-Class Activities and Writing Assignments by Susan Willey, Georgia State University, and Ann Updike, Miami University, Oxford. 2. Law-Related Required Courses in Business Core: Legal Environment v. Business Law Courses by Carol Miller and Susan Cain, Missouri State University. 3. Factors Leading to Successful Performance in Business Law Classes by Lynn Forsythe and Jill Bradley-Geist, California State University, Fresno. 4. Federal Discovery Stays by Gideon Mark, University of Maryland. Session E7 Intellectual Property Law and Environmental Law Directors Moderator: Deborah Kemp, California State University, Fresno 1. A Survey of State Statutory Copyright Laws by Tammy Cowart, University of Texas at Tyler, and Gwenda Bennett and Pam Gershuny, Southeast Missouri State University. 2. Unauthorized Televised Debate Footage in Political Campaign Advertising: Copyright Infringement or Fair Use? by Susan Park, Boise State University. 3. Sustainable Projections for Aircraft Emissions – What’s the Future for our Skies? by Kathryn Kisska-Schulze, North Carolina Agricultural & Technical State University, and Gregory Tapis, Augustana College. 4. The Evolving Landscape of Green Lease Contracts by Adam Sulkowski, University of Massachusetts, Dartmouth. Plenary Lunch Keynote Speaker: The Honorable Sharon Pratt, former Mayor of the District of Columbia and President of Opportunity Funding Corporation. 12:00 PM – 1:30 PM Orpheum 1:30 PM – 2:45 PM Locations ADR and Consumer Finance Pontalba F Academic Sessions (F1 – F6) Session F1 Moderator: David Schein, Virginia State University 1. Discovery in Arbitration by Charles Smith, California State University, Fullerton. 2. Can You Hear Consumers Now? The Supreme Court Disconnects Consumers in AT&T Mobility, LLC v. Conception by Ann Marie Tracey and Shelley McGill, Xavier University. 3. U.S. Supreme Court Makes it Official – Thumbs Up on Mandatory Arbitration / Thumbs Down on Class Arbitration (AT&T Mobile, LLC v. Conception) by J.L. Yranski Nasuti, Iona College. 4. Are Class Arbitrations Viable Without Overruling Recent Supreme Court Case Law or Amending the Federal Arbitration Act? by Kevin Farmer, California State Polytechnic University. 33 Day-by-Day Schedule Session F2 Thurs, 8/11 Employment / Labor Law Conti Moderator: Laura Ginger, Indiana University 1. Don’t Sell Employers or the Courts Short – A Pragmatic Decision in the Latest Supreme Court Case Addressing Title VII Retaliation by Megan Mowrey, Clemson University. 2. Salesmen Minus Enthusiasm? Pharmaceutical Sales Reps and the Fair Labor Standards Act by Patricia Quinn Robertson and John F. Robertson, Arkansas State University. 3. Coming to a Screen Near You: The Legal Landscape of Social Media by Patricia Nunley, Baylor University. 4. Brave New World: Social Media and Concerted Activity Under the National Labor Relations Act by Jeffrey Mello, Siena College. Session F3 Development Track: Selected Topics Lafitte Moderator: Janet Hale, Texas State University 1. Is Sexting the New Witchcraft? A Plea for a Common Sense Approach by John Hayward, Bentley University. 2. The Movement to Restrict Employer’s Use of Credit Checks for Employment Decisions: An Analysis of the Movement, Its Merit, and Its Implications for Human Resource Professionals by Richard Coffinberger, George Mason University. 3. Educating Einstein: How Highly Gifted Children Deserve a Free and Appropriate Public Education by Nina Golden, California State University, Northridge. Session F4 Cyber / Internet Law Napoleon Moderator: Patrick Walker, Christopher Newport University 1. Assessing Critical Infrastructure Risk After a Decade of Fragmented Regulation of Security Protections by John Bagby, Penn State University. 2. Secondary Liability for Copyright Infringement of Internet Service Providers by Richard Kunkel, University of St. Thomas. 3. Cloud Computing and Mobile Devices: Are Our Present Laws Sufficient for this Change in the Basic Way People Use Computers? by Joseph Schwerha, California University of Pennsylvania, and John Bagby, Penn State University. Session F5 Distinguished Proceedings Producers Moderator: Ronnie Cohen, Christopher Newport University 1. The NCAA Letter of Intent: A Voidable Agreement for Minors? by Debra Burke, Western Carolina University, and AJ Grube, Western Carolina University. 2. Food Inglorious Food: Food Safety, Food Libel and Free Speech by Rita Cain, University of Missouri, Kansas City. 3. Case Study of a Coffee War: Using the Starbucks v. Charbucks Dispute to Teach Trademark Dilution, Business Ethics, and the Value of Legal Acumen by Sean Melvin, Elizabethtown College. 4. Sid Wainer & Son: A Growing Realization by Adam Sulkowski, University of Massachusetts, Dartmouth. 5. The Law and Ethics of Restrictions on an Employee’s Post-Employment Mobility by Norman Bishara, University of Michigan, and Michelle Westermann-Behaylo, American University. PLEASE NOTE: Norm is also a Holmes-Cardozo finalist and will present during that session on Saturday. 34 Day-by-Day Schedule Thurs, 8/11 Session F6 Ethics & CSR Directors Moderator: Vincent Carrafiello, University of Connecticut 1. Ethical Decision Making by Corporate Lawyers: Does the Organization Matter? by Sally Gunz, University of Waterloo, Hugh Gunz, University of Toronto, and Ronit Dinovitzer, University of Waterloo. 2. Integrating Ethics Across the Curriculum: A Pilot Study to Assess Students’ Ethical Reasoning Skills by Susan Willey, Nancy Mansfield, and Margaret Sherman, Georgia State University. 3. A Managerial Approach to Social Assessment/Stakeholder Analysis for More Efficiently Allocating Social Issue Resources by David Silverstein, Suffolk University. 4. GAO & SEC Recommendations: Fiduciary Duty and Implications for Insurance Services by Sandra Miller and James Tucker, Widener University. G 1:30 PM – 5:30 PM Invited Session (G1) Long Board Room ABLJ Invited Scholars Paper Development Colloquium (by invitation) Dan Cahoy, Pennsylvania State University (Chair) Cindy Schipani, University of Michigan O. Lee Reed, University of Georgia Ann Olazábal, University of Miami Jamie Darin Prenkert, Indiana University 1. Iraq at the Crossroads: Leveraging WTO Accession to Improve Governance and Increase Trade Investment by Christina Benson, Elon University. 2. Private Rights of Action and the Foreign Corrupt Practices Act by Gideon Mark, University of Maryland. 3. De Soto’s Dream: The Promise and Peril of Property Rights by Scott Shackelford, Indiana University. 4. A Paradigm of Global Financial Regulation by David Zaring, University of Pennsylvania Coffee Break Compliments of Cengage Learning 3:00 PM – 3:30 PM Waldorf-Astoria Ballroom 3:15 PM – 4:30 PM Locations Panel: Pedagogy Pontalba H Academic Sessions (H1 – H6) Session H1 Serving & Learning: Connecting Campus and Community Janet Hale, Texas State University (Chair) Steven Palmer, Northwest Oklahoma State University Bonnie Persons, California State University Franklyn P. Salimbene, Bentley University Adam Sulkowski, University of Massachusetts, Dartmouth Mark Usry, Bloomsburg University of Pennsylvania 35 Day-by-Day Schedule Session H2 Thurs, 8/11 Commercial Law and Contracts Conti Moderator: William T. Mawer, Southeastern Oklahoma State University 1. Lexis Nexus Complexes: Contract Law Implications of the Joint IASB-FASB Revenue Project by Kurt Schulzke and Catalina Castaño, Kennesaw State University, Gerlinde Berger-Walliser, CEREFIGE-ICN Business School NancyMetz, and Pier Marchini, Universita Degli Studi Di Parma. 2. Franchise Terminations: "Good Cause" Decoded by Robert Emerson, University of Florida. 3. Legal Education in the United States: A New Approach by Robert LeVine, Stetson University. 4. Franchise Agreements, Alleged Fraud, and Parole Evidence: From Bedlam to Bright by Robert Emerson, University of Florida. Session H3 Constitutional Law Lafitte Moderator: Les Crall, Southwestern Oklahoma State University 1. The Supreme Court as Prometheus: Breathing Life into the Corporate Supercitizen by Robert Sprague, University of Wyoming, and Mary Ellen Wells, Alvernia University. 2. Citizens United and the Ineluctable Question of Corporate Citizenship by Amy Sepinwall, University of Pennsylvania. 3. Immigration Policy through the Lens of Optimal Federalism by Dale Thompson, University of St. Thomas. 4. Selling Wine: Should Corporations Have First Amendment Help? by Susan Martin, Hofstra University. Session H4 Regulatory and Consumer Law Napoleon Moderator: Vincent Carrafiello, University of Connecticut 1. Alcohol and Obesity Law in Canada, Great Britain, and Australia by Neil Browne and Nancy Kubasek, Bowling Green State University. 2. The Limits of Disclosure by Robert Prentice, University of Texas, Austin. 3. Interactive Regulation by Elizabeth Brown, Bentley University, and Robert Bird, University of Connecticut. 4. Unfair Commercial Practices: Regulation at Risk by Peter Shears, University of Plymouth. Session H5 Marketing Law and Property Law / Real Estate Producers Moderator: Michael J. O’Hara, University of Nebraska 1. Negative Product Placement: An Evolving Theory of Product Disparagement and Unfair Competition by Denise Smith, Eastern Illinois University, and Michael Katz and Martin Nunlee, Delaware State University. 2. The Australian Personal Property Securities Act and Retention of Title Protection: UCC Article 9 Reaches the Antipodes by Paul von Nessen, Monash University, Berna Collier, Federal Court of Australia, and Alan Collier, University of Otago. 3. Private Transfer Fees: An Evolving Issue by Burke Ward, Villanova University, and Jamie Hopkins, Attorney, Rosemont, Pennsylvania. 4. Legal Aspects of Ambush Marketing: A Comparative Approach by Melanie Stallings Williams, California State University, Northridge, Gerlinde Berger-Walliser, CEREFIGE-ICN Business School Nancy-Metz, and Bjorn Walliser, University of Nancy. 36 Thurs, 8/11 – Fri, 8/12 Day-by-Day Schedule Session H6 Development Track: Selected Topics Directors Moderator: James Highsmith, California State University, Fresno 1. The Role of Courts, Agencies, and Congress in GMOs: A Multilateral Approach to Ensuring the Safety of the Food Supply by Debra Strauss, Fairfield University. 2. Social Policy via the IRS: A Mismatch Made in Heaven? by Karie Davis-Nozemack, Georgia Institute of Technology. 3. Equitable Recoupment in the 21st Century by John Geekie and Bruce McClain, Cleveland State University. 4. Who Pays for Westboro Church’s Free Speech? by Karen Gantt, University of Hartford. Women’s Tea 4:30 PM – 6:00 PM Chamber 3 GLB Cocktail Party 5:30 PM – 7:00 PM Napoleon ABLJ Cocktail Party 6:00 PM – 7:30 PM Orpheum ABLJ Colloquium Dinner 7:30 PM – 9:30 PM Sazarac Restaurant Past Presidents’ Dinner 7:30 PM – 10:30 PM Arnauds Restaurant Friday, August 12 Registration 7:30 AM – 12:00 PM Bienville Continental Breakfast 7:30 AM – 9:00 AM Waldorf-Astoria Ballroom JLSE Staff Breakfast 7:30 AM – 9:00 AM Conti ADR Section Breakfast 7:30 AM – 9:00 AM Directors Marketing and Sports Law Section Breakfast 7:30 AM – 9:00 AM Pontalba Technology Section Breakfast 7:30 AM – 9:00 AM Lafitte Discussion of Creation of ALSB Health Law – Life Sciences Section -- lead by Joshua Perry 8:00 AM – 9:00 AM Producers Exhibits 8:00 AM – 12:00 PM Waldorf-Astoria Ballroom 9:00 AM – 12:00 PM Location Master Teacher Symposium Orpheum I Academic Session (I1) Session I1 Moderator: Marisa Anne Pagnattaro, University of Georgia 1. Accommodating Mental Disabilities by Marianne DelPo Kulow, Bentley University. 2. Nutrisoya v. Sunrich: Anatomy of a Sales Dispute by Tonia Hap Murphy, University of Notre Dame. 3. Immediate Feedback Assessment Technique Promotes Student Engagement by Robert Sprague, University of Wyoming. 4. Active Learning in New Courses on Law by Adam Sulkowski, University of Massachusetts, Dartmouth. 37 Fri, 8/12 – Sat, 8/13 Day-by-Day Schedule 10:00 AM – 11:00 AM Outside of Orpheum Lunch at Audubon Tea Room and Visit to New Orleans Zoo 12:30 PM – 5:00 PM First bus leaves Zoo at 3:30 PM and last bus leaves at 5:00 PM Art Galleries with wine & light hors d’oeuvres 6:00 PM – 8:00 PM Joe Dunn Arts 304 Rue Royal Elliott Gallery 540 Royal Street Barbara Yocum’s Dream Studio 906 Royal Street Coffee Break Compliments of Cengage Learning Saturday, August 13 Registration 7:30 AM – 5:00 PM Bienville Continental Breakfast 7:30 AM – 9:00 AM Waldorf-Astoria Ballroom Cengage Tech Session 7:30 AM – 9:00 AM Conti International Section Breakfast Guest Speaker: Professor Gunther Handl, the Eberhard Deutsch Professor of Public International Law at Tulane University Law School. Presentation: Business and Human Rights 7:30 AM – 9:00 AM Orpheum J Academic Sessions (J1 – J7) Session J1 9:00 AM – 10:15 AM Locations Roundtable: Career Guidance Long Board Room Getting and Keeping a Tenure-Track Job Robert Bird, University of Connecticut (Chair) Dan Cahoy, Pennsylvania State University Elliot Axelrod, Baruch College Karla Fox, University of Connecticut Nim Razook, University of Oklahoma Session J2 Development Track: Selected Topics Pontalba Moderator: Mark Usry, Bloomsburg University 1. A Uniform Privacy Code by Wade Chumney, Georgia Institute of Technology, and Corey Ciocchetti, University of Denver. 2. Treating Physicians Better than Everyone Else: Misuse of FOIA and the Privacy Act to Protect Physician Medicare Claims Data by Karie Davis-Nozemack, Georgia Institute of Technology. 3. Infringement of Trade Secrets in Making Goods and Services by Joe Kim, Rider University. 38 Day-by-Day Schedule Sat, 8/13 Session J3 International Law and Constitutional Law Conti Moderator: Kevin Farmer, California State Polytechnic University 1. Analysis of Recent Efforts Toward Hedge Fund Reform: Legislative and Prosecutorial Attempts to Close the Gaps Contributing to Industry Misconduct in the U.S. and EU by Barbara Crutchfield George and Lynn Dymally, California State University, Long Beach. 2. U.S. Trade Policy: Increased Emphasis on Worker Rights by Marisa Pagnattaro, University of Georgia. 3. Saving Our Companies: A Need for a Comprehensive International Law on Terrorism by Frederick Perry, Florida International University. 4. Judicial Review of Administrative Rule Making in the United States by Richard Hunter, Seton Hall University. Session J4 Holmes-Cardozo Lafitte Moderator: Ann Olazábal, University of Miami 1. The Law and Ethics of Restrictions on an Employee’s Post-Employment Mobility by Norman Bishara, University of Michigan, and Michelle Westermann-Behaylo, American University. 2. In Defense of Professional Baseball’s Antitrust Exemption by Nathaniel Grow, University of Georgia. 3. The Business Case for Complying with Bribery Laws by Philip Nichols, University of Pennsylvania. 4. Administrative Patent Levers by David Orozco, Florida State University. Session J5 Pedagogy Napoleon Moderator: Paul Becker, Miami University 1. Teaching the CISG in Contractual Context: Using a Common Law Contract Case to Examine CISG Articles 8 and 9 by Jean Didier, College of St. Benedict/St. John’s University. 2. Sustainability, Transdisciplinarity, and Fiji Water: New Perspectives on a Familiar Case by Elet Callahan, Syracuse University. 3. Tricks of the Teaching Trade: Become an Efficient Professor by Corey Ciocchetti, University of Denver. Session J6 Healthcare Producers Moderator: Terry Dworkin, Seattle University 1. Ethics, Law, and the Business of Healthcare by Joshua Perry, Indiana University. 2. Electronic Health Records and the Right of Privacy: The Swedish Experience by Janine Hiller, Virginia Tech. 3. Regulating Medical Data Mining Cases for Privacy Purposes by Jack Karns, East Carolina University. Session J7 Commercial Law and Contracts Directors Moderator: David Schein, Virginia State University 1. Constructive Terminations in Franchising: Mac’s Shell and the Irrational Fear of Incoherence by Robert Emerson, University of Florida. 2. Standards for a New Contract Rule: The Unique Situation of Franchising by Robert Emerson, University of Florida. 3. Preemption Issues: State Failure to Warn Claims v. FDA Regulations by Stephanie Greene, Boston College. Coffee Break Compliments of Cengage Learning ABLJ Board Meeting 10:15 AM – 10:45 AM Waldorf-Astoria Ballroom 10:30 AM – 4:30 PM Long Board Room 39 Day-by-Day Schedule Sat, 8/13 K Academic Sessions (K1 – K6) Session K1 10:45 AM – 12:00 PM Locations Panel: Ethics & CSR Pontalba Outside Organizations and the Academy: Policy Implications for Current and Future Involvement David Schein, Virginia State University (Chair) Session K2 Student Papers I Conti Moderator: Denise Smith, Eastern Illinois University 1. Abating the Boundaries of Commerce: A Quantitative Analysis of Transnational Contract Formation by David T. Ackerman, University of Central Florida (Faculty Sponsors: Carol Bast and Cynthia Brown). 2. The Constitutional Validity of Obama’s Health Care Legislation: The Legitimate Research of the Government to Regulate Our “Personal” Decisions by Facundo Bouzat, Bowling Green State University (Faculty Sponsor: Neil Browne). 3. American Medical Tourism: Regulating a Cure That Can Damage Consumer Health by Chelsea K. Brown, Bowling Green State University (Faculty Sponsor: Neil Browne). Session K3 Employment / Labor Law Lafitte Moderator: Robert Landry, Jacksonville State University 1. Extra! Extra! Read All About It: Due Process Failures and Cronyism in Employee Hiring by Corey Ciocchetti, University of Denver. 2. Employee Retaliation Claims Under the Supreme Court’s Burlington, Crawford, and Thompson Decisions: Important Implications for Employers by David Twomey, Boston College. 3. Off-Duty Employee Fraternization Invades the Office: A Case Study of Dosis Pharmaceuticals by Nancy Lasher, The College of New Jersey, and Donna Steslow, Kutztown University. 4. Chipping Away at the Intentional Tort Exception in Workers Compensation: The Ohio Supreme Court’s Decision in Kaminski v. Metal & Wire Products by Bonnie Roach, Ohio University. Session K4 Development Track: Selected Topics Napoleon Moderator: Vincent Carrafiello, University of Connecticut 1. Somali Pirates and the Medellin Decision: International Lawlessness by Roxane DeLaurell, College of Charleston. 2. Is the “Door Ajar” Now Closed? Kiobel: Legal Impact and Ethical Implications by Kathleen Lacey and Marsha Cooper, California State University, Long Beach. 3. The Foreign Corrupt Practices Act – Trends, Disparities and Implications by Frank Snyder and Mark Usry, Bloomsburg University of Pennsylvania. 4. Arbitration Agreements and Expanded Judicial Review: Texas Supreme Court Joins the Debate in NAFTA Traders, Inc. v. Quinn by J. Keaton Grubbs and Beth Brice, Austin State University. 40 Day-by-Day Schedule Sat, 8/13 Session K5 Development Track: Bankruptcy and Ethics & CSR Producers Moderator: James Highsmith, California State University, Fresno 1. Bankruptcy by the Numbers by Randall Hanson, University of North Carolina, Wilmington. 2. Comparing the U.K. Bribery Act and the Federal Sentencing Guidelines for Organizations by Paul Fiorelli, Xavier University. 3. Using the Hare Psycopathy Checklist Revised (PCL-R) by Companies to Predict Corporate Headaches by Lora Koretz, Arizona State University. 4. Carrot Mob: Is it an Effective Tool for Fostering Sustainability in Small Businesses? by Ruth Jebe, University of Denver. Session K6 Development Track: Business Organizations and Employment / Labor Law Directors Moderator: James Holloway, East Carolina University 1. Corporate Culture and the Law by Patricia Abril and Ann Olazábal, University of Miami. 2. The Legality of Pre-Employment Credit Checks? A Proposed Model Statute to Remedy an Inequity by Beverley Earle, Gerald Madek, and David Missirian, Bentley University. 3. Keeping the Family Business in the Family: The Legal Complexities of a Healthy Succession by Jeanne Haser, Rhode Island College, Gregory Tapis, Augustana College, and Kanu Priya, Arkansas State University. 12:00 PM – 1:30 PM Orpheum Academic Sessions (L1 – L6) 1:30 PM – 2:45 PM Locations Session L1 Development Track: Selected Topics Pontalba Joint Environmental Law & Sustainability and Ethics Section Lunch Guest Speaker: Professor Karen C. Sokol of Loyola University New Orleans College of Law and Dr. Dean Moosavi of the University of Massachusetts, Dartmouth. L Moderator: Karen Morris, Monroe Community College 1. Current Issues with the Foreign Corrupt Practices Act in 2011 by Michael Bixby, Boise State University. 2. All Tweets Are Not Created Equal: A New Approach to Defamation Law in the Social Media Context by Eve Brown, Indiana University. 3. Piercing the Agency Shield: Are Courts Twisting Long Established Principles of Agency Law to Achieve Wrong Results? by John Matejkovic, Dave Redle, and Suzanne Gradisher, University of Akron. 4. The Environmental Impact of Development Incentives: Do Development Incentives Promote Balance Between Environmental and Economic Interests? by James Holloway, East Carolina University. 41 Day-by-Day Schedule Session L2 Sat, 8/13 Student Papers II Conti Moderator: Denise Smith, Eastern Illinois University 1. Understanding the Patient Protection and Affordable Care Act: Background and Recommendations for the Implementation of State Health Insurance Exchanges by Derek Cutting, Indiana University (Faculty Sponsor: Tim Lemper). 2. An Historical, Regulatory, and Ethical Examination of Direct-to-Consumer Pharmaceutical Advertising by Norma Lamo, Rider University (Faculty Sponsor: Ilene Goldberg). 3. A Proposal for the Enhancement of Canadian (Ontario) Insider Trading Regulation by Jonathan Lau, University of Waterloo (Faculty Sponsor: Darren Charters). 4. Data Privacy in Social Networking Services: The Perspective of the European Union by Shannon M. Meaders, University of St. Thomas (Faculty Sponsor: Susan Marsnik). Session L3 Ethics & CSR Lafitte Moderator: Philip Nichols, University of Pennsylvania 1. Sourcing and Reclaiming Rare Earth Elements: Ethics and Sustainability for High Tech and Clean Tech Companies by Don Mayer, University of Denver, Wade Chumney, Georgia Institute of Technology, and Corey Ciocchetti, University of Denver. 2. The Ethics of Wasta: Is it Always the “Who You Know” That Makes All the Difference? by Gary Gold and George Naufal, American University of Sharjah. 3. Bounty Eligibility Rules for In-House Lawyers Under the SEC Final Whistleblowing Regulations – Fifty State Analysis of Permitted Government Disclosures Under State Bar Ethical Rules by Kevin O’Brien, University of Denver. 4. Alternative Litigation Financing and its Impact on Attorney-Client Communications by Stuart Pardau, California State University, Northridge. Session L4 International Law and Constitutional Law Napoleon Moderator: Robert Wiener, Pace University 1. Instilling Credibility for Human Rights in Transnational Corporations by Lucien Dhooge, Georgia Institute of Technology, and Robert Bird, University of Connecticut. 2. Texas Courts and Clients and the UN CISG Acceptance or Rejection? by Marcia Staff, University of North Texas. 3. New Directions in the Architecture of Bribery: Expanded Prosecutions Under the Foreign Corrupt Practices Act Intertwined with a Money Laundering Component by Barbara Crutchfield George, California State University, Long Beach, and John W. Bagby, Penn State University. 4. Little Sense: Pliva v. Mensing by Stephanie Greene, Boston College. Session L5 Selected Topics: Corporate Governance Producers Moderator: Nim Razook, University of Oklahoma 1. Why Delaware? Examining the Enforceability and Wisdom of Forum Selection Clauses in Corporate Bylaws by Alexis Stokes, Texas State University. 2. Regulating by Reputation by David Zaring, University of Pennsylvania 3. All on Board! Strategies for Constructing Diverse Boards of Directors and Creating a Future Pipeline in a Borderless Global Market by Seletha Butler, Georgia Institute of Technology. 42 Day-by-Day Schedule Sat, 8/13 Bankruptcy / Creditors’ Rights and Tax Law Session L6 Directors Moderator: Karla Fox, University of Connecticut 1. Bankrupts Need Not Apply: Sound Hiring Policy or Dangerous Proposition? by Robert Landry, and Benjamin Hardy, Jacksonville State University. 2. When Is a Debtor’s Record Sufficient to Warrant a Discharge in Bankruptcy? by William T. Mawer and Andrew Emerson, Southeastern Oklahoma State University. 3. Subsidizing Hate: A Proposal to Reform the Internal Revenue Service’s Methodology Test by Alex Reed, University of Georgia. Coffee Break Compliments of Cengage Learning 3:00 PM – 3:30 PM Waldorf-Astoria Ballroom 3:15 PM – 4:30 PM Locations Panel: Law and Strategy Pontalba M Academic Sessions (M1 – M6) Session M1 Law and Strategy Gerlinde Berger-Walliser, ICN Business School (Chair) Constance Bagley, Yale University Robert Bird, University of Connecticut David Orozco, Florida State University Session M2 Student Papers III Conti Moderator: Denise Smith, Eastern Illinois University 1. European Patent Reform and Enforcement by Brittney Neufeld-Frederickson, California State University, Fresno (Faculty Sponsor: Lynn Forsythe). 2. Return on Ethics: A Dual Case Study on the Challenges Faced by Mattel and Foxconn by Zulema Uriarte-Elizade, California State University, Long Beach (Faculty Sponsor: Kathleen Lacey). 3. A Newmont Era: A Case Study on Newmont Mining Corporation and the Development of Corporate Social Responsibility and Sustainability by Kaitlin R. Vinson, University of Denver (Faculty Sponsor: Kevin O’Brien). Session M3 Intellectual Property Law Lafitte Moderator: Timothy Lemper, Indiana University 1. The Liability of Internet Hosting Providers – A Comparative Overview by Romain Lorentz, University of St. Thomas. 2. Statutory Damages Analysis Under the Copyright Act in the Aftermath of Sony v. Tenenbaum by Stuart Pardau, California State University. 3. The Backyard Hybridizer’s Guide to Protecting Biotech Innovations by Patricia Wall, Middle Tennessee State University. 4. Going Global: The Quid Pro Quo of Famous Marks Protection by Robert Bird, University of Connecticut, and Elizabeth Brown, Bentley University. 43 Day-by-Day Schedule Session M4 Sat, 8/13 Development Track: Employment / Labor Law Napoleon Moderator: Lisa Reed, University of Portland 1. Employer Discrimination Using Credit Reports Under Title VII of the Civil Rights Act of 1964 and the Case of EEOC v. Kaplan Higher Education by David Parker and Daphyne Saunders, James Madison University. 2. Bringing Your Entrepreneurial Spirit to the United States: Key Issues for International Entrepreneurs by Jeanne Haser, Rhode Island College, Gregory Tapis, Augustana College, and Kanu Priya, Arkansas State University. 3. The Evolution of Sexual Harassment in the Twenty Years Since the Confirmation Hearings of Justice Thomas by Margaret Matejkovic, University of Akron. 4. Amara v. Cigna: The Supreme Court Holds that Employers Must Adhere to Prior Benefit Specifications for Workers by Megan Mowrey and Ralph Welton, Clemson University. Session M5 Pedagogy Producers Moderator: Ilene Goldberg, Rider University 1. Connect & Thrive: Perspectives from a Newly Tenured Professor by Corey Ciocchetti, University of Denver. 2. Outrage and Enrage: The Story of Eminent Domain by Patricia Pattison, Texas State University, San Marcos. 3. Extralegal Norms in Action: Norms and Sanctions for ALSBTALK by Nim Razook, University of Oklahoma. Session M6 Development Track: Intellectual Property Law and Consumer Protection Directors Moderator: Kenneth Ginsberg, Hodges University 1. Digital Ownership Rights in the Kindle Age by Eve Brown, Indiana University. 2. Trademark Trilogy II The Legal Life Cycle of an Intangible Asset by David Scalise, University of San Francisco. 3. Making Abstract Ideas Concrete: Defining the Boundaries of Modern Business Method Patent Subject Matter Law by Robert Thomas, University of Florida, and Susan Marsnik, University of St. Thomas. Business Meeting 4:30 PM – 5:30 PM Orpheum Pre-Banquet Cocktail Party 6:30 PM – 7:30 PM Blue Room Banquet 7:30 PM – 10:30PM Blue Room We hope you enjoyed the Conference and New Orleans! 44 Day-by-Day Schedule Sun, 8/14 Sunday, August 14 Executive Committee Meeting 9:00 AM – 12:00 PM Long Board Room 12:00 PM Offsite Remediated Beach Field Trip* with Dr. Sadredin (Dean) Moosavi * After the Executive Committee meeting on Sunday, August 14, Dr. Sadredin (Dean) Moosavi, one of our guest speakers at the joint Environmental Law and Sustainability Section and Ethics Section Luncheon, will lead a field trip to a remediated beach. Dr. Moosavi was already an expert in the local ecosystems before the 2010 BP oil spill, at which time he deployed with others to work on the remediation efforts. Dean will explain both the science and the local legal disputes related to beach and local estuary ecosystems on location with us. This field trip will take most of the afternoon until the early evening, but promises to be a unique and edifying opportunity. Please be prepared to walk up to two miles in the heat and humidity on sandy terrain. Please email Adam Sulkowski at asulkowski@gmail.com ASAP if you are interested in attending (at least 3 days in advance of the trip). We will leave soon after the end of the Executive Committee meeting (scheduled to conclude at 12:00 PM) from the lobby of the Roosevelt Hotel. What to bring with you on the field trip: Sun screen Sun glasses Light clothing appropriate for high temperatures on a sandy beach Sandals or shoes that can get sandy Couple of bottles of water Rain coat (just in case) Camera Note pad and pen 45 Abstracts of Paper Presentations Dodd-Frank makes profound financial regulatory change particularly for institutions imposing systemic financial risk. The financial system's layered controls are continually attacked as redundant and costly, yet they failed to prevent the 2008 Financial Crisis. The unpopular metric, "too big to fail," is politically and functionally flawed. Substitute metrics of financial market inter-connectedness require public policy analysis to enable inter-disciplinary collaboration. Information access barriers must be reduced to enhance transparency that will facilitate network computational approaches using bankruptcy transaction unwinding, past derivatives transactions, current hedge positions and flash trade monitoring. These measures are expected to enable superior systemic financial risk management. A Abril, Patricia and Ann Olazábal: Corporate Culture and the Law. Corporate culture is a palpable phenomenon that both reflects a group's commonly-held values and influences individual behavior within a business organization. The domestic and international managementrelated scholarship, textbooks, and practitioner-oriented books and articles treat the subject of corporate culturenormatively and in application-quite extensively. Yet, the law and legal scholarship have generally ignored corporate culture. This paper explores the various ways in which corporate culture may contribute to the legal responsibility of various corporate actors. Informed by a vast body of business scholarship, the authors will assess the argument that corporate culture is probative of wrongdoing under certain circumstances. Bagley, Constance: See Gerlinde Berger-Walliser Bast, Carol: See Cynthia Brown Ackerman, David T.: Abating the Boundaries of Commerce: A Quantitative Analysis of Transnational Contract Formation. Global relationships are often made or broken on the strength of the agreements that memorialize them. This mixed method study examines challenges to effective global contracting. Comparing perceptions of attorneys around the world engaged in public service, private practice and academia, the empirical results may help businesses and their counsel advance successful international collaborations. Baumer, David: See Robert Bird Baumer, David and Wade Chumney: The Dance Continues: Multi-state Corporations Do Battle with Various States in Real Space and Hyperspace Over State Income Taxes and Sales and Use Taxes. State budgets are being undermined by several negative trends. State revenues are being harmed by the current recession as many corporations, local and multistate, are experiencing reduced sales and taxable income, as well as stiffer competition from foreign competition that are often outside state jurisdictional boundaries. In addition, some corporations have continued to push the envelope by concocting structures that take advantage of court precedents to reduce their tax obligations. This paper is about a dance that is taking place on fiscal cliffs where the dance partners include the increasingly bizarre corporate configurations and state departments of revenue. Axelrod, Elliot: See Robert Bird Axelrod, Elliot: See Carolyn Hotchkiss B Bagby, John: See Joseph Schwerha Bennett, Gwenda: See Pam Gershuny Bagby, John: Assessing Critical Infrastructure Risk After a Decade of Fragmented Regulation of Security Protections. Comprehensive security regulation remains elusive. Like privacy law, security remains an uncoordinated sectoral patchwork. Security investment requires flexibility; imposing direct cost without immediate profitability. The benefits are limited to uncertain avoidance of unquantifiable future loss. The private sector owns, operates or maintains 85% of critical infrastructures. Cyber-infrastructure risks particular vulnerability as the communications backbone that enables eCommerce, payment and control systems, and national defense. This paper analyzes the incentives for security investment; illustrates how fragmented security law fails to adequately incentivize security; and proposes comprehensive regulation deploying known, reliable tools: disclosure, due diligence duties, professionalism, contingency planning, standards and audit. Bennett, Robert: See Robert Bird Benson, Christina: See Joshua Perry Benson, Christina: Iraq at the Crossroads: Leveraging WTO Accession to Improve Governance and Increase Trade and Investment. Emerging from decades of conflict and isolation, Iraq has endured three devastating wars, the demise of the Saddam Hussein regime, the end of international sanctions, and the protracted process of forming a democratically elected government. Iraq must now redevelop its legal and economic institutions and infrastructure internally, while re-engaging with trading partners externally. This paper compares the challenges facing Iraq to those of other postconflict and transitional economies in their accession to the World Trade Organization, and provides recommendations regarding how Iraq can strategically leverage the WTO accession process as a framework for rebuilding institutions and attracting trade and investment. Bagby, John: Too Big to Fail vs. Too Connected to Ignore: Managing Systemic Risk in Dynamic Financial Networks. Berger-Walliser, Gerlinde: See Kurt Schulzke 46 Regulatory Flexibility Act (RFA) was designed to alleviate that burden by making regulators more responsive to small business concerns. After thirty years, it has yet to fulfill its promise. While legal reform can help, both the regulators and the regulated can act to make the regulatory environment less hostile to small business while substantially meeting agency goals. Increased interactivity between the government and the governed, and not simply statutory reform, will be most effective in bringing the long-delayed potential of the RFA to fruition. Berger-Walliser, Gerlinde, Melanie Stallings Williams, and Bjorn Walliser: Legal Aspects of Ambush Marketing: A Comparative Approach. Corporations pay millions for sponsorship rights of sporting and other events, only to find competitors freeloading on the event. This practice is commonly called ambush marketing and it promises to rise. This paper describes the problem and international legal approaches to the practice of ambush marketing: the act of attempting to associate with an event without buying the rights to do so. It compares the legal framework against ambushing on selected North American and European markets and discusses to which extent the legal protection can be successfully used by sponsor companies and event organizers. Bird, Robert, Daniel Cahoy, Elliot Axelrod, Karla Fox, and Nim Razook: Getting and Keeping a Tenure-Track Job. This panel will discuss everything you wanted to know about finding a tenure-track job in business law and navigating through the tenure-track and tenure process. Topics will include starting a research agenda, part-time and full-time teaching, using time efficiently, and networking strategies. Berger-Walliser, Gerlinde, Constance Bagley, Robert Bird, and David Orozco: Law and Strategy. The goal of this panel is to introduce the emerging discipline of law and strategy. Competitiveness is one of the main concerns of today's companies and has been explored in depth by scholars from various management disciplines. However, as one author has written: "law remains the last great untapped source of competitive advantage". This panel brings together scholars from the U.S. and Europe, who will discuss how the law may be used to create value, and how it can become a source of sustainable competitive advantage for firms who use it strategically and proactively. Bishara, Norman and Michelle Westermann-Behaylo: The Law and Ethics of Restrictions on an Employee's Post-Employment Mobility. Employee mobility which transfers knowledge to a business competitor is of increasing concern for employers where knowledge embedded in a firm's employees is an important source of competitive advantage. Employers seek to restrict the post-employment mobility through the use of various legal mechanisms. Policymakers are asked to address these concerns by adjudicating disputes in the courts and legislatures, despite not having an ethical grounding for these decisions. We analyze the incentives and preferences of employers and employees related to employee mobility and then examine three legal mechanisms used to address employee mobility: noncompetes, inevitable disclosure, and garden leave. We then review the ethics implications the mechanisms and make policy recommendations based on property rights, utilitarian and fairness perspectives. Bird, Robert: See Gerlinde Berger-Walliser Bird, Robert: See Lucien Dhooge Bird, Robert: See Larry DiMatteo Bird, Robert: See Janine Hiller Bird, Robert, Robert Bennett, David Baumer, and Daniel Cahoy: Successful Research in Empirical Legal Studies. Empirical legal studies are one of the most rapidly growing areas of legal scholarship. There exists a wide array of research opportunities to publish in quality law, business, and social science journals. Panelists will discuss how they have used empirical legal research to further their teaching agenda. No prior experience necessary! Bixby, Michael: Current Issues With The Foreign Corrupt Practices Act in 2011. This paper will discuss and assess the most critical current issues involving the Foreign Corrupt Practices Act. In recent years, there has been a tremendous increase in prosecutions under the FCPA by the Justice Department and the Securities and Exchange Commission. However, since most of the prosecutions have ended with settlements, there has been little judicial determination of key legal issues. This paper will analyze some of the critical legal issues that remain to be clarified under the FCPA. Bird, Robert and Elizabeth Brown: Going Global: The Quid Pro Quo of Famous Marks Protection. The application of the famous marks doctrine in trademark law has resulted in uneven protection for foreign marks in U.S. courts. This paper discusses the circuit split on foreign marks and its impact on defending Americanowned trademarks abroad. It first defines the famous marks doctrine and explains the competing rationales of the Second Circuit and the Ninth Circuit courts. It then explores how the lack of famous marks protection for foreign marks would affect American marks abroad and suggests ways in which U.S. firms can best protect their trademarks in a potentially hostile legal environment. Boedecker, Karl and Fred Morgan: Developing “The Look”: Branding Strategies, Appearance Biases, and Employment Discrimination. A marketing-oriented approach to business operations requires the firm to offer differentiated products and services tailored specifically to meet the needs of carefully identified target markets. An effective marketing program positions the firm’s brands as closer to target customers’ ideal products/services than any other choices in the marketplace. Knowledgeable marketers therefore attend to all attributes that might affect customers’ perceptions, including lighting, colors, design, graphics, shapes, and overall décor. Employee appearance can also Bird, Robert and Elizabeth Brown: Interactive Regulation. Small businesses shoulder significant costs in order to comply with a maze of government regulation. The 47 play a crucial role in shaping consumers’ perceptions; however, exclusionary hiring practices, i.e., choosing employees based on a particular “look” can lead to claims of employment discrimination. Brown, Eve: Digital Ownership Rights in the Kindle Age. In June 2009, Amazon remotely deleted almost 2000 e-books from customers' digital libraries. The deletion, which occurred without permission or notice, incited pervasive condemnation from customers and rights advocates. This paper uses the Kindle fiasco as a springboard to argue for the recognition of digital property rights as equal to tangible property rights, and worthy of the same legal protections. Using the traditional bona fide purchaser doctrine, the article proposes new legislation that will prevent content providers such as Amazon from remotely stealing customer's digital possessions. Bouzat, Facundo: The Constitutional Validity of Obama’s Health Care Legislation: The Legitimate Reach of our Government to Regulate our “Personal” Decisions. This paper addresses the question: Does the logic of prevailing precedents defining the scope of the Commerce Clause threaten the existence of President Obama’s health legislation? To answer this question, this paper adopts a common law framework to evaluate the legal standing of the health legislation. Brown, Eve: All Tweets Are Not Created Equal: A New Approach to Defamation Law in the Social Media Context. There is an imbalance in our marketplace of ideas. The rise of social networking platforms has created a new dilemma in defamation and commercial disparagement law. Users can publicly complain about products and companies more effectively than ever before. In theory, this new forum for the distribution of competing perspectives is a positive development. The problem stems from the fact the "competition" is rigged. The average Twitter user has 126 followers. A celebrity, on the other hand, might have more than one million. This paper examines recent lawsuits against celebrity twitters, and argues for a new approach to protecting businesses in the digital age. Bradley-Geist, Jill: See Lynn Forsythe Brice, Beth: See J. Keaton Grubbs Brown, Chelsea K.: American Medical Tourism: Regulating a Cure That Can Damage Consumer Health. In the United States, consumers are encouraged by American businesses to engage in medical tourism, without being fully informed of potential regulatory and legal pitfalls abroad. This paper argues that the marketing of medical procedures abroad to American consumers is a business practice that requires regulation. Without regulation, U.S. businesses will continue to promote medical tourism to consumers based on deceptive information. Browne, Neil and Nancy Kubasek: Alcohol and Obesity Law in Canada, Great Britain, and Australia. Alcohol dependence and obesity are serious health concerns costing billions in health care dollars and lost productivity, while raising raise questions about how much control individuals have over their behavior. Disagreement about the degree to which individuals should be held responsible for their overindulgence causes further debate regarding the amount of aid that should be provided to the obese and excessive drinkers; and whether such conditions should be considered disabilities. This paper analyzes how laws in Canada, Great Britain, and Australia address these issues to provide potential guidance for United States lawmakers as they address these questions. Brown, Cynthia and Carol Bast: Guilty by Association: "Small World" Implications for Big World Business Consequences in Post 9/11 America. Our nation's national security efforts over the last decade generated a multitude of policy changes, including a redesign of the Foreign Intelligence Surveillance Act of 1978 (FISA). Today, FISA outlines the process for conducting surveillance and searches by federal authorities of individuals, including American citizens within the United States. Applying Milgram's "small world" theory to the government's surveillance practices, the consequences to American businesses and to their customers and clients may be magnified exponentially. This paper examines the costs that our social connectivity may be exacting from businesses who become federal surveillance targets or recipients of federal intelligence gathering efforts. Burke, Debra and AJ Grube: The NCAA Letter of Intent: A Voidable Agreement for Minors? The National Letter of Intent Program provides NCAA member schools a systematic way of recruiting student athletes. While it is designed in part to inject rationality and order into a potentially chaotic recruiting process, the common law's infancy doctrine protects minors from improvident agreements made with potentially predatory adults. So are these letters of intent binding on prospective players who sign the agreement when they are minors? This paper analyzes the right of a minor to disaffirm contracts in conjunction with the NLOI program. Brown, Elizabeth: See Robert Bird 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. My paper will examine the shift away from defined benefit plans towards defined contribution plans in Australia, the United Kingdom, and the United States and will compare the way it 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 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: All on Board! Strategies for Constructing Diverse Boards of Directors and Creating a Future Pipeline in a Borderless Global Marketplace. A global business convergence exists, making international business easier and mainstream. Over the last decade, social activists, academics, government agencies, and shareholder groups, to some extent, argued for greater diversity in U.S. businesses, including making boards of directors more heterogeneous. Heterogeneity may be based 48 on education, experience, background, class, gender, race, or ethnicity. I categorize the heterogeneous attributes as "Modifiable Attributes" and "Non-Modifiable Attributes". The Article contends that "board diversity" is necessary for U.S. businesses to remain competitive in the borderless global marketplace and advocates that the U.S. should be the leader in and model for implementing "true" board diversity. This paper addressed the issue of whether employees have ethical, economic, and legal rights to their genetic make ups known as the human DNA sequence. It also addresses the right of the individual to be left alone and the right of the employer to know. In essence, whose right is it anyway? The author addresses the concerns of the proponents and the opponents in addition to state, and federal laws intended to protect those affected. The author concluded by recommending tougher laws to protect injured parties at the same time safe guard the rights of the employers. C Cahoy, Daniel: See Robert Bird Christiansen, Linda: See Joshua Perry Cahoy, Daniel: Inverse Enclosure: Abdicating the Green Tech Patent Landscape. The shift to “better” technology may be delayed due to entry barriers like switching costs or startup costs. To encourage the switch, government may provide a push. Green energy technology is an example, and governments across the globe have responded with substantial development support. Notably, the acceleration of green energy technology has been accompanied by a surge in private patent rights. However, there is no oversight on the capture of this important technology through patents or the potential negative effects. This paper will explore the possibility that patent rights in government-supported markets may enclose green technology innovation and constrain access. Chumney, Wade: See David Baumer Chumney, Wade: See Don Mayer Chumney, Wade and Corey Ciocchetti: A Uniform Privacy Code. The goal of this project is to create a clear and concise model for state legislators to analyze and evaluate the collection, use, storage and dissemination of personally identifiable information (PII). The Uniform Privacy Code (UPC) is our middle-ground solution to this problem. This article details the model UPC that takes a similar form to the nine articles contained in the Uniform Commercial Code. However, instead of focusing on the most common types of commercial transactions, the UPC covers the most relevant aspects of PII collection, use, storage, and dissemination within three privacy arenas: individual, employment, and public. Cain, Rita: Food Inglorious Food: Food Safety, Food Libel and Free Speech. The movie Food, Inc. exposed issues about food production in the US. In the movie, a mother whose child had died from food-borne illness explained that she could not criticize "Big Food" without risk of being sued. That risk stems from "food disparagement" legislation in 13 US states. The US adopted a new federal food safety law in 2011. This paper analyzes the impact of food disparagement statutes in the US. The paper discusses the new federal food safety law, in particular, how whistleblower protections in new federal food safety law affect the enforceability of state food disparagement laws. Cihon, Patrick: Recent Developments in Arbitration. Over the past few years, the Supreme Court has decided a number of cases dealing with arbitration; the impact of those decisions has been to make arbitration more favorable to employers and corporate defendants and less favorable to consumers and employees. This paper will explore those cases and discuss their effects. Ciocchetti, Corey: See Wade Chumney Ciocchetti, Corey: See Don Mayer Cain, Susan: See Carol Miller Ciocchetti, Corey: Extra! Extra! Read All About It: Due Process Failures and Cronyism in Employee Hiring. This article undertakes an ethical analysis and evaluates contemporary hiring problems. Part I introduces two such problems: due process failures & cronyism. Part II analyzes the legal regime of onboarding employees. Part III summarizes and expounds upon three prominent ethical frameworks – Consequentialism, Deontology & Virtue Ethics. These theories are utilized to show how precedent strays away from the tenants of these ethical frameworks in relation to due process failures and cronyism. Part V concludes with a proposal to tweak precedent to reduce hiring problems and allow for a fairer playing field for the millions of Americans currently seeking work. Callahan, Elet: Sustainability, Transdisciplinarity, and Fuji Water: A New Perspective on a Familiar Case. Syracuse University's Whitman School of Management and L.C. Smith College of Engineering and Computer Science, the State University of NY - College of Environmental Science and Forestry, and the Syracuse Center of Excellence in Environmental and Energy Systems comprise the Sustainable Enterprise Partnership (SEP). The SEP's fundamental premise is that sustainability challenges require a transdisciplinary response. Thus, our curricula are developed and delivered by contributors from business, public, and non-profit organizations, as well as faculty from multiple academic disciplines. This approach is illustrated using Fuji Water and CSR (Ivey Publishing 2009), a popular case; benefits and barriers are discussed. Ciocchetti, Corey: Connect & Thrive: Perspectives from a Newly Tenured Professor. This essay encapsulates my perspective (newlytenured and seven years into my career) on how average professors become highly effective professors. The secret rests in the ability to genuinely connect with students. Castaño, Catalina: See Kurt Schulzke Chijioke, Emmanuel: Genetic Testing: Ethical, Economic, and Legal Implications for employees and Business Organizations (Whose right is it anyway?) 49 Connecting matters - even if it takes some personality adaptation and thrusts academics out of their comfort zones. Many professors fail to connect with students in a meaningful way. After extensive discussions across the country, students consistently claim their professors are boring, non-relatable, and unable to connect. On the other hand, professors I speak with sincerely believe they connect in the classroom. This article attempts to bridge the gap. Cowart, Tammy: Are They Window Dressing? A Look at the Use and Effectiveness of Ethics and Compliance Officers Pre- and Post-SOX. The Sarbanes-Oxley Act and the Federal Sentencing Guidelines for Organizations emphasized the need for ethics leadership within organizations. However, do these ethics officers have a deterrent effect on bad behavior within companies? The paper looks at 87 publicly traded companies to determine how many had publicly disclosed ethics and compliance officers in years before and after Sarbanes Oxley. This data is compared with SEC compliance actions to determine whether companies cited by the SEC had ethics and compliance officers. Ciocchetti, Corey: Tricks of the Teaching Trade: Become an Efficient Professor. This article discusses five teaching techniques which have made me a much more efficient professor today than I was during my first year teaching. The topics covered range from a participation system which is objective, easy to implement and appreciated by students to a fair group selection process which rewards teamwork and leadership to a strategy for dealing with the flood of e-mails that take up a significant amount of time. At the end of the day, each of us can afford to become more efficient without taking shortcuts and losing our connection with students. Crutchfield George, Barbara: New Directions In The Architecture of Bribery: Expanded Prosecutions Under The Foreign Corrupt Practices Act Intertwined With A Money Laundering Component. The architecture of bribery charges under the Foreign Corrupt Practices Act is rapidly expanding and is now more frequently intertwined with allegations of money-laundering. Illustrations of this shifting FCPA architecture can be found in the recent Green, Carson, O'Shea and Noriega cases in which government prosecutors seek to expand the definition of "foreign officials" and pursue non-traditional targets in an expanding list of industries, including media and entertainment. This article analyzes the DoJ's recent changes in FCPA enforcement efforts and emphasizes the enhancement of prosecutorial tools by linking money-laundering charges to the architecture of foreign bribery. Coffinberger, Richard: The Movement to Restrict Employer's Use of Credit Checks for Employment Decisions: An Analysis of the Movement; Its Merits; and Its Implications for Human Resource Professionals. If your credit report includes negative information such as unpaid bills, foreclosures or even high debt levels, it could potentially prevent you from getting a job. However, legislators and the EEOC are working to limit employer's use of the information gleaned from credit checks as an obstacle to job seekers with poor credit. The economic recession and high unemployment rates have intensified these efforts. This paper describes the movement to restrict employer's use employment credit checks for employment decisions; discusses the pros and cons of such legislation and concludes with an analysis of the implications for human resources professionals. Crutchfield George, Barbara and Lynn Dymally: Analysis of Recent Efforts Toward Hedge Fund Reform: Legislative and Prosecutorial Attempts to Close the Gaps Contributing to Industry Misconduct in the U.S. and EU. Analysis of efficacy of provisions regulating the hedge fund industry in the 2010 U.S. Dodd-Frank financial reform legislation and 2011 EU Alternative Investment Fund Managers directive. Legislative intervention became necessary to create transparency and prevent hedge funds from posing a systemic risk. In the aftermath of the global financial crisis, clearly regulatory gaps had to be closed that allowed hedge funds to operate with minimal regulation. Authors critique attempts to reshape hedge fund standards by a reduction of industry misconduct through the aggressive prosecution of traditional offenses such as insider trading activities of hedge fund managers, e.g., U.S. v. Rajaratnam. Collier, Alan: See Paul von Nessen Collier, Berna: See Paul von Nessen Colquitt, Jason: See Larry DiMatteo Connolly, Michael: Three Problems with Retaliation – A Comparison with the United Kingdom. The law of retaliation in both the US and the United Kingdom has been troubled by three issues: (1) the chilling affects of a retaliatory act; (2) a benign motive defense; and (3) retaliation against third parties (North American Stainless). This paper explores these problems and concludes that all three are rooted in the statutory formulas. Courts have either followed the legislative formula and defeated its purpose, or bypassed the strict wording to implement its purpose. The end result is an inconsistent body of case law. This paper recommends a new statutory formula, providing two separate, complimentary causes of action. Cutting, Derek: Understanding the Patient Protection and Affordable Care Act: Background and Recommendations for the Implementation of State Health Insurance Exchanges. Understanding the significant and wide-ranging implications of the 2010 healthcare reform proves crucial to its implementation. Insurance exchanges play a critical role in the reform. By laying out the meaning of the reform and exchange history, this paper offers a set of recommendations for successful implementation, useful to individuals of all knowledge levels. Cooper, Marsha: See Kathleen Lacey Cowart, Tammy: See Pam Gershuny 50 Dhooge, Lucien: A Fire in the Global Village: Teaching Ethical Reasoning and Stakeholder Interests Utilizing the U.S. Tobacco Industry. The case study examines U.S. government support for the tobacco industry, the regulation of tobacco products through federal statutes and litigation initiated by the federal and state governments, and the participation of U.S. tobacco companies in the international marketplace with particular emphasis on exports and profitability. The case study then discusses the economic and health consequences of smoking with specific emphasis on the consequences for the developing world in general and poor populations in particular. The case study is accompanied by a teaching note analyzing the conduct of U.S. tobacco companies in the international marketplace utilizing numerous ethical approaches. D Davis, Laura: Facebook is Your Friend - Teaching the Legal Environment of Business Using Facebook. Teaching using Facebook both as a medium and as examples of legal concepts is uniquely interesting to undergraduate business students. The civil complaints filed against Facebook and its founder(s) read like the table of contents of a legal environment text book. They encompass a broad range of legal issues including business torts, contract formation and breach, intellectual property and more. The pleadings illustrate the concepts of jurisdiction, venue and the litigation process in general. This paper examines several lawsuits filed against Facebook and demonstrates how to use them to teach the legal environment of business and how to use Facebook to convey the instruction. Dhooge, Lucien and Robert Bird: Instilling Credibility for Human Rights in Transnational Corporations. This paper addresses the "Framework for Business and Human Rights" published by the Special Representative of the Secretary General in April 2008. This paper addresses the benefits of the methodology selected by the SRSG to bridge the disparity between global economic forces and the capacity of societal institutions to manage such forces through their national governments. Transnational corporations must be convinced that the "respect for human rights principle" set forth in the Framework is not inconsistent with their dual mission of profit maximization and risk minimization but rather presents value opportunities and strategic advantages beneficial to firm performance. Davis-Nozemack, Karie: Social Policy via the IRS: A Mismatch Made in Heaven? Congress has increasingly asked the IRS to administer refundable tax credits, a function which varies dramatically from its core mission of revenue collection. While its failures have been cataloged quite dramatically by TIGTA, IRS successes have found little audience. Davis-Nozemack, Karie: Treating Physicians Better than Everyone Else: Misuse of FOIA and the Privacy Act to Protect Physician Medicare Claims Data. A patchwork of decades’ old cases and federal policy combine to allow physicians to overprotect Medicare claims data. The result affords physicians better threat than other government contractors and service providers. In addition to the inequity, these results from bad public policy in direct conflict with the purposes of FOIA and offer cover for fraud, waste and abuse. Didier, Jean: Teaching the CISG in Contractual Context: Using a Common Law Contract Case to Examine CISG Articles 8 and 9. Potential application of the UN Convention on Contracts for the International Sales of Goods ("CISG") to sales transactions suggests best practice would be to consider possible effects of the CISG compared to the UCC and common law. In legal environment courses, subsequent application of the UCC and CISG to a basic contract case can illustrate this interplay. This paper discusses selected CISG Articles using the facts of a classic common law contract case. It is intended as a primer on these Articles for instructors who wish to teach the CISG in context with the common law and UCC. DeLaurell, Roxane: Somali Pirates and the Medellin Decision: International Lawlessness. This paper examines the current conflict in the statutes of international law in the US. A review of the Somali pirate’s prosecution and the recent US Supreme Court opinion in Medellin yields an inconsistent view and interpretation of international law. Definitional problems aside, the paper suggests that consistency in interpretation is necessary now in light of the increased level of international regulation of business. DiMatteo, Larry, Robert Bird, and Jason Colquitt: Justice, Employment, and the Psychological Contract. This article surveys over 750 participants to measure whether procedural fairness and substantive fairness in employment firings impact the propensity of fired employees to retaliate or litigate against their employer. We find statistically significant reductions in retaliation and litigation rates when survey respondents are shown scenarios where they are treated substantively fair and procedurally fair. We also find that when employees are given significant information about the law ahead of time, their propensity to retaliate and sue decreases. The findings suggest fair process and result benefits employers and employees by matching expectations and preventing the creation of perceptions of injustice. Demory, M. Yvonne: Supreme Court Expands Pool of Title VII Retaliation Claimants Leaving Employers Vulnerable. I examined recent Supreme Court Title VII retaliation cases, including Thompson v. North American, decided in 2011. In this recent string of cases, the high court not only broadened the definition of "retaliation", but expanded the pool of potential retaliation claimants. As a result, employers are more vulnerable to retaliation claims, as evidenced by an increasing number of retaliation charges filed with EEOC. In fact, EEOC reported an all time high of nearly 100,000 retaliation claims filed in 2010, outpacing all other categories of discrimination claims filed. I will examine this vulnerability for employers and provide recommendations for limiting exposure. Dinovitzer, Ronit, Hugh Gunz, and Sally Gunz: Ethical Decision Making by Corporate Lawyers: Does the Organization Matter? Dhooge, Lucien: See Janine Hiller 51 This paper presents the early findings from a major study of ethical decision making by lawyers in large commercial firms. Our work focuses on the interaction between the individual professional and the firm; an interaction that we believe undercuts the conventional premise of the "autonomous" individual professional. The institutional firm context, we suggest, it influences how lawyers identify and resolve their ethical obligations and lawyers' experience of how to handle past conflicts and their present role will influence their response to future dilemmas. specifically addressing franchises while other states treat franchises as any other contractual relationship. However, some states have attempted to regulate the area of franchise termination by creating statutes which require "good cause" for termination in order to balance the unequal bargaining power between franchisors and franchisees. By examining almost 200 "good cause" franchising decisions, the author performs a statistical analysis of what standards courts are, in fact, using when they find "good cause" for termination was or was not present. Emerson, Robert: Constructive Terminations in Franchising: Mac's Shell and the Irrational Fear of Incoherence. In Mac's Shell Services Inc. v. Shell Oil Products, 130 S. Ct. 1251 (Mar. 2, 2010), the Supreme Court denied the use of constructive termination for cases involving the Petroleum Marketing Practices Act. It held, among other things, that to accept a constructive termination claim before the franchisee has abandoned its franchise would require courts to articulate a standard for deciding which act was so serious that it constructively terminated the franchise, a standard, the Court concluded, that "simply evades coherent formulation." The Court is wrong. Dymally, Lynn: See Barbara Crutchfield George E Earle, Beverley: The Legality of Pre-Employment Credit Checks?: A Proposed Model Statute to Remedy an Inequity. Six states have prohibited credit checks after job offers but before start dates (under most circumstances) and twenty states are considering such legislation. During these difficult economic times, many people have seen their credit histories ruined by balloon mortgage payments they can't make after they have lost their jobs. Allowing credit checks without restrictions, even for low level jobs, appear unduly punitive and possibly discriminatory. There is litigation by people who have been denied jobs based upon credit checks after they were offered positions. The paper will examine the problems, the passed and proposed statutes, applicable federal legislation and propose a model statute. Emerson, Robert: Franchise Agreements, Alleged Fraud, and Parole Evidence: From Bedlam to Bright Lines. This Article surveys the variety of approaches courts have used to evade the inequitable results of strictly applying the parole evidence rule. To protect some vulnerable franchisees from more sophisticated franchisors, the author explores a "middle ground" that addresses the particularities of franchise contracts and recommends measures such as testing for the parties' relative sophistication. Franchise contract provisions can better warn potential franchisees that the presumed promises from prior discussions or correspondence are superseded by the actual contract terms. Elzweig, Brian: Is the Push to Federal Actions under the PSLRA and SLUSA the Best Way to Handle Securities Class Action Cases? This Article examines Matsushita v. Epstein to identify the genesis of the problem, and then subsequent case law and statutes examine the question of whether a securities class-action lawsuit based on the '33 Act would have concurrent jurisdiction in both state and federal court, and whether if the Ninth Circuit approach in the underlying case would have obviated the need for the major provisions of the Private Securities Litigation Reform Act and the Securities Litigation Uniform Standards Act. F Farmer, Kevin: Are Class Arbitrations Viable without Overruling Recent Supreme Court Case Law or Amending the Federal Arbitration Act? In 2010, the United State Supreme Court ruled that the Federal Arbitration Act (FAA) precludes class arbitration absent authorization by the parties. This year, the Court held that a class action lawsuit filed by consumers against a cellular telephone provider should be dismissed since the parties were subject to an arbitration clause and the FAA preempted a state law restriction concerning the unconscionability of such clauses. Although bills are pending in Congress to defeat these decisions, I discuss an alternative which would require neither a reversal of these decisions nor an amendment of the FAA. Emerson, Andrew: See William Mawer Emerson, Robert: Standards for a New Contract Rule: The Unique Situation of Franchising. This Article explains how the current legal standards employed for the franchising relationship are inadequate. It develops standards of care appropriate to the nature of the franchise relationship as it exists under particular contractual provisions. Using the standards of care advocated in the Article will enable franchisors and franchisees to better understand their respective roles and eliminate or curtail some disputes. Those disagreements that nonetheless reach the courts will also benefit from the application of these standards. Fetter-Harrott, Allison: See Jamie Darin Prenkert Fiorelli, Paul: Comparing the U.K. Bribery Act and the Federal Sentencing Guidelines for Organizations. The Federal Sentencing Guidelines for Organizations will celebrate its 20th anniversary on November 1, 2011. These guidelines establish the minimum requirements for effective compliance and ethics programs. Guideline compliance can result in fine Emerson, Robert: Franchise Terminations: "Good Cause" Decoded. The laws surrounding termination of franchises are far from uniform. Laws concerning franchises differ from state to state; some states have special laws 52 reductions, or even deferred prosecutions, and have helped develop the US ethics “industry”. Up until recently, the UK did not have an equivalent “carrot and stick” approach to compliance. The 2010 UK Bribery Act now provides the framework for British companies, and companies doing business within the UK, for implementing comparable ethics and compliance programs. Geekie, John: See Bruce McClain Gershuny, Pam, Tammy Cowart, and Gwenda Bennett: A Survey of State Statutory Copyright Laws. This paper examines the persistence of state statutory copyright law and the extent to which those laws still exist in light of federal copyright law. Specifically, the scheme and penalty of unauthorized duplication, bootlegging, true name and address, and optical disc identification statutes are examined from all states. We conclude by addressing areas where the Copyright Act would preempt state statutory law. Forsythe, Lynn: Is the Inevitable Disclosure Doctrine Too Vague to Adequately Protect Employees? In many states employers can use the inevitable disclosure doctrine to protect trade secrets from their former employees and competitors who would hire them. Courts have indicated that the following factors are relevant in applying the doctrine: (1) the similarity between the two positions; (2) the degree of competition between the two employers; (3) the new employer’s efforts to safeguard the former employer’s trade secrets; and (4) the employee’s lack of forthrightness. The author argues that in light of the potential damage to employees and the economy, these standards are too vague and better standards are needed. Gold, Gary and George Naufal: The Ethics of Wasta: Is it Always the "Who You Know" That Makes all the Difference? This paper presents an empirical study to illustrate that by looking at the issues raised in applied work (as an alternative to the more traditional case study method) from a business ethics prospective can be an equally effective method for enhancing students' appreciation for data interpretation and analysis, and for developing students' analytical skills in their attempt at drawing conclusions from the study results. Using an empirical study on wasta, a phenomenon largely practiced in the Arab Middle East and North Africa, for this purpose implicates issues of business ethics, law, comparative socioeconomics and applied research. Forsythe, Lynn and Jill Bradley-Geist: Factors Leading to Successful Performance in Business Law Classes. Researchers investigated the personality traits and student behaviors that contribute to successful performance in lower division business law courses. Investigators collected information through two self-reports from each student, including variables such as the amount of text material the student read and the study time devoted to the class. Data was obtained from the instructor including actual attendance, participation in extra credit opportunities, and final course grade. The Big Five trait taxonomy of extraversion, agreeableness, conscientiousness, neuroticism, and openness was used to analyze student personality traits. Information about student’s background and major was also collected. Golden, Nina: Educating Einstein: How Highly Gifted Children Deserve a Free and Appropriate Public Education. Highly gifted children are the only group of exceptional children who do not have protection under federal statute to receive a “free and appropriate public education.” This paper will explain how highly gifted children are not included in the definition of “individuals with exceptional needs” as defined in the Education Code, nor are they entitled to have their specific education needs met under the federal No Child Left Behind Act. It will then explore potential solutions to address the problems highly gifted children face when their educational needs are not met. Fox, Karla: See Robert Bird G Gantt, Karen: The Subprime Mortgage Crisis and its Impact on Minority Communities. This economic crisis has been difficult for all Americans. Joblessness rates higher than at any time since the Great Depression. At the same time, foreclosures have caused millions of homes to be devalued. Americans are struggling. This paper focuses on the impact of the mortgage crisis on the African-American and Latino communities because they have been particularly hard hit. Unemployment rates for these communities have been even higher than the national average. Moreover, AfricanAmerican and Latino families were more likely to have been put into subprime loans and have been disproportionately affected by the mortgage crisis relative to their share of mortgage originations. Gradisher, Suzanne: See Dave Redle Greene, Stephanie: Little Sense: Pliva v. Mensing. Two recent decisions by the United States Supreme Court involving state failure to warn claims reveal a deep divide in the Court’s preemption jurisprudence. In both cases, the Court considered whether a patient who was injured as the result of taking a drug could bring a state tort suit. On one level, the division in the Court can be attributed to differences in federal regulations governing labeling of brand name and generic drugs and how the Court interpreted those regulations. But the decisions announce a more dramatic division in how various factions of the Court approach preemption jurisprudence. Gantt, Karen: Who Pays for Westboro Church's Free Speech? The United State Supreme Court recently upheld Westboro Church's right to free speech in Snyder v Phelps. The focus of this paper is who pays for that free speech. This paper examines whether a nonprofit organization such as Westboro Church should maintain its tax exemption if its values conflict with the majority community. Greene, Stephanie: Preemption Issues: State Failure to Warn Claims v. FDA Regulations. In 2009, the United States Supreme Court decided Wyeth v. Levine, holding that state law failure to warn claims against brand name manufacturers were not preempted by federal law. Since Levine, several courts have considered whether state failure to warn claims should 53 be decided differently when asserted against generic drug manufacturers. The Courts of Appeal for the Fifth, Eighth, and Ninth Circuits have all agreed that such claims are not preempted. In Pliva v. Mensing and two consolidated cases, the United State Supreme Court will decide this issue this term. and researching service learning, this event applauds the positive commitment of education's impact in the 21st century. Hanson, Randall: Bankruptcy by the Numbers. Bankruptcy has gone through significant changes over the past several years. Bankruptcy reform legislation passed in 2005 was intended to stop perceived abusive behavior by consumers. The reform legislation was designed to push most debtors away from Chapter 7 liquidation proceedings and toward Chapter 13 reorganization plans. This change temporarily dramatically decreased the number of Chapter 7 filing. It is important to track the number of filings to see if the goals of the 2005 reform legislation have been successfully implemented. This paper looks at the recent trends in Bankruptcy filings. Greenhaw, Bill: See John Norwood Grow, Nathaniel: In Defense of Professional Baseball's Antitrust Exemption. This paper challenges the overwhelming scholarly consensus opposing baseball's antitrust exemption by advancing two primary arguments. First, it argues that the common criticisms of the exemption are largely without merit, given the treatment of the other professional sports leagues under antitrust law. Second, it argues that significant pro-competitive benefits have resulted from baseball's antitrust exemption, insofar as Congress has used the threatened revocation of the exemption to extract important concessions from Major League Baseball. These concessions - largely overlooked by the existing literature provide benefits that would not have been obtained simply by applying antitrust law to baseball Hardy, Benjamin: See Robert Landry Haser, Jeanne: See Gregory Tapis Hass, Marsha: See Judith Hunt Hayward, John: Is Sexting the New Witchcraft? A Plea For a Common Sense Approach. Teenagers have embraced digital technology but find themselves the target of numerous laws criminalizing their use. This paper deals with "sexting," the practice of sending, receiving or forwarding sexually explicit photos. It examines its social setting, prevalence and frequency, legal issues including constitutional concerns of free speech, obscenity, child pornography, and prosecutions. It reviews legislative reactions and includes a Model Statute dealing with sexting. Grubbs, J. Keaton and Beth Brice: Arbitration Agreements and Expanded Judicial Review - Texas Supreme Court Joins the Debate in NAFTA Traders, Inc. v. Quinn. On May 13, 2011, the Texas Supreme Court, in construing the Texas Arbitration Act, rejected the U. S. Supreme Court's analysis in Hall Street Associates v. Mattel. At issue is whether the parties may by agreement expand judicial review of an arbitration award beyond the specific grounds for vacatur or modification set forth in the Federal Arbitration Act. In NAFTA Traders the Texas Supreme Court held that the Texas Arbitration Act does not preclude the parties from supplementing judicial review by contract. This paper will discuss the reasoning of the Texas Court and others and implications for arbitration agreements and judicial review. Hickox, Stacy and Mark Roehling: Negative Credentials: Fair and Effective Consideration of Criminal Records. The incarceration rate for groups including applicants who are protected against discrimination has had a significant effect on their potential for employment. The potential for adverse impact and disparate treatment claims by ex-offenders who are rejected under these policies will be discussed. We will also report the results of a survey of employers in Michigan regarding what information about ex-offender applicants are considered in making hiring decisions. These results have implications for other employers who should be establishing a business necessity or legitimate reason for the rejection of ex-offenders, and for courts who are reviewing those practices. Grube, AJ: See Debra Burke Gunz, Hugh: See Ronit Dinovitzer Gunz, Sally: See Ronit Dinovitzer H Halcoussis, Dennis: See Melanie Williams Hiller, Janine: Electronic Health Records and the Right of Privacy: the Swedish Experience. Electronic Health Record systems are predicted to increase patient safety and are being implemented worldwide. A challenge to adoption is protecting the privacy of the patient’s health information. This paper focuses on the Swedish experience of implementation of EHR’s in light of the regulations that affect privacy, and the concept of privacy as a fundamental human right. The paper describes the levels of regulations, including the right to privacy in international documents, European Union, and Swedish law. Hale, Janet, Steven Palmer, Bonnie Persons, Franklyn Salimbene, Adam Sulkowski, and Mark Usry: Serving and Learning: Connecting Campus and Community. Collaborate, Educate, Examine, Foster, Impact, Integrate, Learn, Reflect, Serve, and Work. Service learning redefines traditional learning in the classroom. By examining and exploring the needs of the campus and the community prior to action, professors clearly reflect on purpose-driven participation in conjunction with the benefits of curricular integration. Hands-on material mastery fosters community service while increasing students' course content. Looking at promising projects, examining past assignments with assessments, generating new ideas, and connecting with colleagues participating in Hiller, Janine, Lucien Dhooge, and Robert Bird: Business and Human Rights: Panel Discussion of the New UN Framework. 54 In June, 2011 the UN Guiding Principles for Business and Human Rights will be considered for endorsement by the Human Rights Council. The framework is described by the phrase “Protect, Respect and Remedy.” Nations are called on to protect human rights from corporate abuse, and businesses are asked to respect human rights when and where they operate. This panel will discuss what the framework means for multinational corporations, and its relevance to business law teaching and research. student opinion surveys. Methods ranging from standardized tests of learning outcomes to teaching portfolios and peer reviews are in use or under consideration at universities around the world. This panel will explore the many ways to evaluate teaching effectiveness, based on shared experience and best practices. Faculty on Promotion and Tenure Committees, Department Chairs, and faculty concerned with building their best cases for teaching effectiveness at their own institutions are particularly welcome to a lively discussion of what works and what doesn't. Holcomb, John: The BP Case: Crisis Management and Legal Liability. This paper analyzes BP’s response to the Gulf oil crisis along seven dimensions: (1) investigating the facts; (2) portraying the problem; (3) allocating responsibility; (4) responding to critics; (5) adopting new policies; (6) instituting new procedures; and (7) financial costs and impact on credibility. The paper then relates the crisis response to the U.S. Sentencing Commission guidelines and to charging criteria under the McNulty memo of the Department of Justice and criteria of other regulatory agencies to examine how the company might attempt to escape or mitigate its legal liability. Hunt, Judith and Marsha Hass: That Job Should Have Been Mine: A CASE STUDY of A Hiring Nightmare. This is an analysis (and case study) of a South Carolina case that personifies "Murphy's Law." If something can go wrong it will, especially if the right hand does not know what the left hand is doing. Hiring decisions are especially important to any company. If the "best" employee is hired, there will be less turnover and fewer lawsuits. This case is about a hiring decision gone wrong. The authors have tried to point out the legal ramifications and the management implications. "Best" management practices are discussed. Following management guidelines should lead to fewer lawsuits. Holloway, James: The Environmental Impact of Development Incentives: Do Development Incentives Promote Balance between Environmental and Economic Interests? Economic development incentives include tax, loan, grant, and abatement programs that are given by communities to business persons and corporations to promote the growth of commerce. Some environmental advocates believe these incentives could expand economic development that causes more harm to environmental quality and natural resources. States and communities exercise regulatory authority to create these incentives, but the economic value of these incentives on economic development is an open issue of economic development policy. This exercise of regulatory authority raises the question whether the impact of economic incentives on community development outweighs harm to environmental quality and natural resources. Hunter, Richard: Judicial Review of Administrative Rule Making in the United States. This article/paper analyzes the constitutional standards for evaluating administrative rule making. It will provide a backdrop for those interested in looking at the process that a court will undertake in order to determine if the government possesses the power to enact the particular regulation that is being challenged on constitutional grounds. J Jebe, Ruth: Carrot Mob: Is It An Effective Tool for Fostering Sustainability in Small Businesses? Carrot mobs are a form of direct consumer activism designed to incentivize business to implement sustainability measures. This paper discusses the collection of data on completed carrot mobs and reviews the data to determine whether carrot mobs are an effective tool for fostering sustainability efforts in small businesses. The research addresses the broad topic of methods for influencing business behavior toward sustainability. Its focus is on examining methods for driving sustainability efforts in small businesses and examining the carrot mob as a tool for building proactive consumer networks that retain cohesion over time. Holloway, James, Elaine Seeman, and Margaret O’Hara: Use of Non Voice Access Technology Driving the Need to Create Federal and State NG911 and IPEnabled Network Policies. The widespread use of non voice access technology creates the need for Public Safety Answering Points (PSAPs) to receive 911 messages and locate persons sending 911 messages. Nearly all PSAPs use Enhanced (E) 911 to locate person making voice calls. E911 services are provided by a circuit-based 911 network that does not permit PSAPs to receive non voice messages and data. The use of non voice access technology is creating the need for PSAPs to receive these messages and driving federal and state governments to create and implement Next Generation (NG) 911 and Internet Protocol-enabled network infrastructure policies. K Karns, Jack: Regulating Medical Data Mining Cases for Privacy Purposes. The Supreme Court decided to review the case of Sorrell v. IMS Health, Inc. following the Second Circuit's decision to strike down Vermont's prescription confidentially law. The privacy law regulates data mining companies that sell or use a physician's prescribed information for marketing purposes. The Sorrell decision follows similar federal district court decisions regarding the similar medical privacy laws in both Maine and New Hampshire. While this paper will focus on the Sorrell case, Hopkins, Jamie: See Burke Ward Hotchkiss, Carolyn, Nim Razook, Elliot Axelrod, and Susan Willey: Beyond Student Evaluations: Building the Case for Effective Teaching. Colleges and universities are struggling to find ways to evaluate teaching effectiveness that go beyond 55 it will briefly review the similar data mining cases in New Hampshire (Ayotte) and Maine (Mills). The PCL-R is a tool used by to determine the extent to which individuals have psychopathic traits. Empirical evidence shows a strong link between antisocial traits and antisocial or criminal behaviors. Recently, the use of this test to determine whether a criminal should be given parole has been under fire by many in the psychiatric community, including its inventor. Should this tool be used by businesses to weed out executives that pose a high risk of illegal or unethical conduct? Katz, Michael: See Denise Smith Kemp, Deborah: Copyright on a Diet: Evolution of the Thin Copyright Doctrine. Copyright gives a monopoly in order to promote creation of intellectual property. Progress demands that intellectual property remain in the public domain. The ideaexpression dichotomy accommodates the two competing interests by providing that facts, ideas, and such are not protected. Thin copyright was recognized by the Supreme Court in a fact work case, but is being used to limit copyright's girth in creative works, expanding the public domain. This paper reviews opinions that have applied a doctrine used to limit copyright in telephone directories to cases involving more creative works: architectural designs, clothing designs, photographs, blown glass artworks, autobiographies. Kubasek, Nancy: See Neil Browne Kulow, Marianne: Accommodating Mental Disabilities. The class I will demonstrate provides a hands-on experience with the Americans with Disabilities Act (ADA). It sits within the employment law section of a legal environment course. I teach the ADA in two 75 minute classes. In the first class I introduce the statute and cases addressing physical disabilities. The class I will demonstrate is the second class. It focuses on mental illness disabilities after a review of the application of the statutory definitions to a physical disability. There are two small group exercises: the first asks students to apply statutory definitions to a physical disability case; the second involves mental disabilities. Kim, Joe: Infringement of Trade Secrets in Marketing Goods and Services. U.S. industries have increasingly relied on intangible/knowledge-based assets, rather than tangible/ physical ones for creating and sustaining their competitive advantage. This article will (I) address what constitutes a trade secret, (II) examine the requirements for procuring trade secret status, (III) appraise how the trade secrets are protected, and (IV) illustrate those situations where obtaining trade secret status is preferable to other forms of IP protection, such as patent law. Kunkel, Richard: Secondary Liability for Copyright Infringement of Internet Service Providers. Illegal copying and distribution of copyrighted creative works is a pervasive worldwide phenomenon that causes significant losses in the music, film, gaming, software and publishing industries While content providers have legal remedies against the direct infringers (or primary infringers) the costs of obtaining legal remedies against individual infringers is prohibitive. Instead, copyright owners seek recovery against Internet services providers (ISPs) on a theory of secondary liability because the infringements frequently occur over the ISP's network. This paper will explore developments in secondary liability in the U.S and worldwide. Kisska-Schulze, Kathryn: Sustainable Projections for Aircraft Emissions – What’s the Future for our Skies? Between the implementation of aircraft regulations and the aviation sector's commitment to reaching environmental goals, the impact of the aviation industry on the environment is the cornerstone of this industry's commitment to reduce aircraft emissions. This paper provides an evaluation of the core aircraft emissions and their effects on the environment, a study of the regulatory standards in place regarding aircraft emissions and the private sector's commitment to meet such regulations, a projection of the future environmental impact of the aircraft industry, and a review of the judicial system's influence on aircraft emissions. L Lacey, Kathleen and Marsha Cooper: Is the "Door Ajar" Now Closed? Kiobel: Legal Impact and Ethical Implications. For twenty plus years, approximately 150 lawsuits against multinational corporations doing business in 60 different nations have been filed under ATCA/ TVPA. Will there be any legal consequences from these lawsuits after Kiobel and Nestle? Sosa, the only U.S. Supreme Court decision on the issue, held that the door for these cases is ajar, but it is uncertain if defendant corporations are included in the universal norms. If only individually named corporate defendants are subject to liability, then remedies for human rights violations must be sought from other laws or from emerging global business ethical standards which include financial ROE. Koehler, Mike: Teaching the Foreign Corrupt Practices Act. The Foreign Corrupt Practices Act ("FCPA") has emerged as a top legal concern of companies doing business in international markets and in recent years FCPA enforcement has undergone a significant transformation and surge in enforcement. Given this increase and aggressiveness of enforcement, FCPA compliance and risk assessment is a fundamental skill set for future business managers. The goal of this paper/presentation is to discuss the wide breadth of the FCPA and to offer guidance for curricular development and incorporating FCPA issues and risk assessment into class material and classroom discussions. Lamo, Norma: An Historical Regulatory and Ethical Examination of Direct-to-Consumer Pharmaceutical Advertising. There is ongoing debate about whether direct-toconsumer (DTC) advertising by the pharmaceutical industry should be legal, and if so, whether it should be reformed. This paper reviews the history of pharmaceutical Koretz, Lora: Using the Hare Psycopathy Checklist Revised (PCL-R) by Companies to Predict Corporate Headaches. 56 advertising and its regulation. Television advertising of prescription medications is analyzed with respect to the educational value of DTC advertisements, their psychological impact on consumers, their political implications, economic value, and ethical implications. Recent press reports have exposed a potentially virulent financial mishap in the mortgage industry wherein some of the largest mortgage companies used the same document processor to process foreclosure paperwork. These document processors, and others like them, referred to as "robo-signers", are alleged to have falsified documents to speedily effectuate foreclosures. We explore the impact upon the stakeholders in this system, from the lenders, to the title insurers, to a possible lessee of premises whose legal underpinnings have unraveled. Or, like a stack of cards, each leaning precariously - one upon the other; when one falls, all may collapse. Landry, Robert and Benjamin Hardy: Bankrupts Need Not Apply: Sound Hiring Policy or Dangerous Proposition? The downturn in the economy has caused an increase in bankruptcy filing rates and unemployment. What has become an issue, particularly in light of increased bankruptcy filings and unemployment, is the impact of an individual's status as a debtor or former debtor on their ability to obtain employment in the private sector. More and more private employers are using bankruptcy status as a tool in the hiring decision process. This paper explores the legal ramifications of private employers using bankruptcy status as a tool, as well as the reasons the use of bankruptcy status may actually be beneficial in some hiring contexts. Liddell, Pearson: See Gloria Liddell Lorentz, Romain: The Liability of Internet Hosting Providers - A Comparative Overview. The growth of the so-called Web 2.0 has opened new doors for people to interact and businesses to expand, but it has also created new threats for intellectual property rights proprietors, with the rise, in particular, of copyright and trademark violations. It has become easy to make available to others protected contents. This paper examines the liability of Internet intermediaries due to such infringing materials in both the United States and the European Union. It explores how lawmakers have been trying to find the right balance between protecting intellectual property right owners and facilitating Internet service operators and developers' activities. Lasher, Nancy and Donna Steslow: Off-Duty Employee Fraternization Invades the Office: A Case Study of Dosis Pharmaceuticals. This case involves employment law and HR issues arising out of an affair between two employees at a pharmaceutical plant. The case is based upon an actual situation. The affair ends badly and the tension and animosity between the male engineer and female administrative assistant is affecting the morale of the entire department. The twist in this case is that the female is the active “pursuer,” and is rumored to have engaged in multiple relationships with co-workers. The male employee, however, is the one facing disciplinary action by his supervisor and the HR Director. M Manning Magid, Julie: See Jamie Darin Prenkert Mansfield, Nancy: See Susan Willey Marchini, Pier: See Kurt Schulzke Lau, Jonathan: A Proposal for the Enhancement of Canadian (Ontario) Insider Trading Regulation. This paper intends to identify and make recommendations on the direction of how Ontario should reform its insider trading regulations. To support the arguments and recommendations, the insider trading laws and regulations in Ontario, the United States and the United Kingdom will be compared and examined from a statutory and enforcement perspective. Mark, Gideon: Federal Discovery Stays. Pursuant to the Federal Rules of Civil Procedure discovery often proceeds in federal civil litigation while motions to dismiss are pending. One adverse effect of this phenomenon is that plaintiffs with non-meritorious cases can compel defendants to spend massively on electronic discovery, which dominates modern discovery, before courts ever rule on such motions. Defendants who are unable or unwilling to incur the huge up-front expense associated with e-discovery may be forced to settle nonmeritorious actions. This Article contends that the most effective solution to the problem of e-discovery during the pendency of motions to dismiss is a mandatory stay. LeVine, Robert: Legal Education in the United States: A New Approach. There are two primary theoretical bases upon which the teaching methodology discussed herein is predicated. First, is the muscular nature of the brain and hence, the idea that the brain responds to training techniques in the same manner as any other muscle. The second principle is the reactionary nature of the brain, which can briefly be stated as the brain's automatic response to stimuli, which is the result of genetic, environmental or learned patterns. Systematically training the brain coupled with restructuring the reactionary nature of the brain, results in a dramatic improvement in learning and intelligence. Marsnik, Susan: See Robert Thomas Martin, Susan: Selling Wine: Should Corporations Have First Amendment Help? The U.S. Supreme Court decision in Citizens United v. Federal Election Commission created a tsunami of criticism because it overturned precedent to expand the grant of First Amendment free speech rights to corporations. This paper uses the ongoing battle between small wineries and consumers on the one hand, and wholesale distributors of wine on the other, to illustrate the wrong direction that Citizens United takes the country. It discusses proposed federal regulation to “undo” the effects of the United States Supreme Court’s 2005 decision in Liddell, Gloria and Pearson Liddell: Robo Signers: The Legal Quagmire of Invalid Residential Foreclosure Proceedings Due to Lack of Due Diligence, and the Resultant Potential Impact upon Stakeholders. 57 Granholm v. Heald and puts that political battle in the context of Citizens United. The increase in popularity of social networking services has caused an assortment of problems in terms of the handling of personal information. The European Union has begun to resolve this problem beginning first with the Data Privacy Directive and then through a variety of programs, commissions, and organizations to raise awareness and recommendations for both subscribers and providers of social networking sites. Matejkovic, John: See Dave Redle Matejkovic, Margaret: The Evolution of Sexual Harassment in the Twenty Years Since the Confirmation Hearings of Justice Thomas. In the short 20 years since the confirmation of U. S. Supreme Court Justice Clarence Thomas, the effect of his confirmation hearings remains and is significant in the evolution of unlawful workplace harassment, particularly as related to allegations of hostile work environment harassment. This paper explores the evolution of this cause of action including plaintiff-employee perceptions and misperceptions, and how the proactive modern employer can learn from the evolution of this practice area over the past two decades. Mello, Jeffrey: Brave New World: Social Media and Concerted Activity Under the National Labor Relations Act. This paper explores the means by which employees can communicate workplace concerns via social media and the context in which such communication can receive protection from employer actions under the National Labor Relations Act. Melvin, Sean: Case Study of a Coffee War: Using the Starbucks v. Charbucks Dispute to Teach Trademark Dilution, Business Ethics, and the Value of Legal Acumen. This case/teaching note explores the legal, ethical, and managerial issues related to an extended trademark dispute battle between a Main Street business and a multinational corporation. Just months after Black Bear Micro Roastery, a two-person family owned business in New England, sold their first bag of their newly created dark-roasted blend of coffee beans, called Charbucks, they became embroiled in a legal dispute with corporate giant Starbucks that landed in federal court several years later. This multi-issue case is designed to engage students in learning trademark law, business ethics, and the value of legal acumen in a relevant context. Mawer, William and Andrew Emerson: When is a Debtor's Records Sufficient to Warrant a Discharge in Bankruptcy? Section 727(a)(3) of the U.S. Bankruptcy Code provides for eight(8) grounds for denial of a discharge in bankruptcy. Insufficiency of or lack of records to ascertain the financial condition of the debtor or business transactions is one of the least litigated areas. This paper explores the requirements of Section 727(a)(3) and the conflicting judicial decisions in the application of this code section. Mayer, Don, Wade Chumney, and Corey Ciocchetti: Sourcing and Reclaiming Rare Earth Elements: Ethics and Sustainability for High Tech and Clean Tech Companies. This paper makes the connection between the mining of rare earth elements (REEs) worldwide, their use in global commerce, and how using REEs for consumer goods raises significant issues of ethical supply chain sourcing. Rare earth mining is at the source of many hightech products. Regulation of rare earth mining in the U.S. has made REE extraction less competitive than mining REEs in China, where labor and environmental laws are weak. Thus, “green” products must rely on what amounts to “dirty” sourcing of REEs. This paper discusses the options available to companies using current perspectives from business ethics and “sustainability.” Miller, Carol and Susan Cain: Law-related Required Courses in Business Core: Legal Environment versus Business Law Courses. This study provides background statistics and descriptions regarding law-based core business courses at 404 AACSB accredited universities, so that curricular decisions can be made on a more informed basis. Most of these universities require one three-hour sophomore level "legal environment of business" course as a core business degree requirement. Non-accounting majors are required to take one three-hour law-related course in 90% of the universities. In two-thirds of the universities, "legal environment" is included in the title of the required core course. In contrast, less than one-fourth of the universities require a "business law" course. McClain, Bruce and John Geekie: Equitable Recoupment in the 21st Century. This paper will focus on the development of equitable recoupment as it relates specifically to United States tax cases. Although the doctrine is seemingly not very complex, it has been misunderstood and misused throughout its history. This often leaves users today at a loss as to how to proceed and often goes unnoticed and unused. This paper will provide an overview of recoupment and how a taxpayer may use the doctrine to avoid inequitable "double taxation" or defend against the doctrine when facing an allegation of "double benefit," citing important cases that have defined it up to this day. Miller, Sandra and James Tucker: GAO & SEC Recommendations: Fiduciary Duty and Implications for Insurance Services. This paper first examines the implications of the recent SEC and GAO recommendations regarding the standards of care owed to clients by investment advisors, broker-dealers and insurance agents and brokers. The paper then analyzes the impact of these recommendations upon insurance intermediaries in more detail, and focuses on a number of related issues that insurance intermediaries must consider in navigating the different standards of care required for different products. Recommendations are then presented regarding best practices for insurance intermediaries to help comply with standard of care requirements and to reduce legal exposure. McGill, Shelley: See Ann Marie Tracey Meaders, Shannon M.: Data Privacy in Social Networking Services: The Perspective of the European Union. 58 legal concepts including UCC Article 2, CISG, jurisdiction, civil procedure, strict product liability, and assignment and delegation. Monseau, Susanna: Promoting the Development of Web 2.0: Limit Secondary Liability and Expand Fair Use. The growth of the "generative internet" has created immense benefits for society. Intellectual Property laws have become increasingly important in mediating between information producers and the creators of technologies for sharing information online. IP legislation has tended to favor the interests of IP owners. However recent judicial decisions are creating narrower standards for online infringement and clearer fair use guidelines. This paper reviews some trends in copyright and trademark cases to demonstrate how judges are shaping the online environment to balance IP owners' powers and encourage innovation in online technology. N Nasuti, J.L. Yranski: U.S. Supreme Court Makes in Official--Thumbs Up on Mandatory Arbitration/Thumbs Down on Class Arbitration (AT&T Mobile, LLC v. Concepcion). The theoretical advantages of arbitration are well known—arbitrators have expert knowledge; the decisions are final; the proceedings are private; the procedural rules are less formal; the costs are lower; and the cases are resolved with relative speed. The less well known disadvantages of arbitration become apparent when aggrieved parties are forced to forego litigation as the result of mandatory arbitration clauses in adhesion contracts. This paper will focus on the U.S. Supreme Court's continuing support of mandatory arbitration clauses in the recent case of AT&T Mobile, LLC v. Concepcion. Morehead, Jere: See Joshua Perry Morgan, Fred: See Karl Boedecker Morris, Karen: Jazzing Up the Business Law Course. If I told you that law is exciting, contemporary and ever so relevant to the world around us, I would be singing to the choir. Alas, students do not always share our enthusiasm. Knowing the influences that make our audiences tick, let's doll up the course content. I am not talking smoke and mirrors but rather pizzazz and pop culture. Vignettes from movies, TV shows, and current events will turn their heads. Harry Potter anyone? Meet them on their terrain -tweet about curious cases. Come join the discussion and share your insights on infusing Business Law with some sugar to help the medicine go down. Naufal: George: See Gary Gold Neufeld-Frederickson, Brittney: European Patent Reform and Enforcement. The European Union, as a result of its history and treaties, has gradually sought to integrate and strengthen its collective economic market. Europe’s progress has been hampered by many social, economic, and legal barriers especially in terms of restrictions on work travel and lack of a continental consensus. Still today Europe lacks an integrated, standardized, and easily enforceable patent system. The high costs of a European Community patent, which is roughly eighteen times the cost of one in the U.S., suggests a social deterrence; European citizens possessing fewer means may be discouraged from capitalizing on their individual creativity and ingenuity in the form of patent purchasing. This lack of a standardized pan-European patent system has become an economic barrier to potential development in a variety of fields. Often, only large businesses have the finances necessary to file, maintain, and protect patents against infringement across all of Europe. By enforcing a new Community patent, a European Union patent, Europe will be able to foster ingenuity and creativity within its borders, leading to technological innovations and industrial development for both large and small enterprises on a continental level. Mowrey, Megan: Don't Sell Employers or the Courts Short - A Pragmatic Decision in the Latest Supreme Court Case Addressing Title VII Retaliation. Employees who are adversely affected by their employers due to the employees' relationship with a coworker who has previously filed EEO charges may bring retaliation claims of their own under Title VII; the Supreme Court has held that Title VII outlaws third-party retaliation. The Court signaled by its decision that judges, juries, and employers are up to the task of distinguishing the truly retaliatory, and illegal, from the merely coincidental. This paper examines the Circuit Court's prior analysis of thirdparty retaliation and the Supreme Court's ultimate handling of the issue. Mowrey, Megan and Ralph Welton: Amara v. Cigna: The Supreme Court Holds that Employers Must Adhere to Prior Benefit Specifications for Workers. Employers that illegally change the terms of their employees' benefit plans may be liable for damages if the employees suffer financial hardships as a result according to the Supreme Court in Amara v. Cigna. This paper will explore the facts and decision reached in Amara, with particular emphasis on the obligations of employers to their workers and the potential consequences when employers adversely manipulate those responsibilities. Nichols, Philip: The Business Case for Complying With Bribery Laws. The deontological perspective on bribery is clear: the rules of every school of thought and the laws of virtually every country proscribe bribery. Social contract theory also suggests that firms should not pay bribes. The consequentialist argument abounds at the national and especially the international level, but has yet to be made at the level of the individual or firm. This paper marshals a variety of empirical and theoretical research to present the consequences of paying a bribe. Those consequences include higher costs, lower rates of growth and productivity, damaged relationships, and exposure to criminal liability. Murphy, Tonia Hap: See Joshua Perry Murphy, Tonia Hap: Nutrisoya v. Sunrich: Anatomy of a Sales Dispute. Classroom exercise on international sales contract dispute. Gives students opportunity to appraise actual, complete contract, consider causes of dispute, and assess decisions made by companies involved. Reviews 59 Norwood, John and Bill Greenhaw: Teaching the Basics of Employment Law to Legal Environment Students: Practical Strategies for Positive Results. The authors will offer specific thoughts and suggestions for how to cover this very important topic in a manner that is both interesting and relevant to today's college student. The focus will be on the effective use of the lecture method in large classes. special treatment. The definition and tests for reasonable accommodations vary from those used in disability cases. With some of these differences in mind, this paper will examine whether there is any protection in the workplace for individuals who believe that their religion obligates them to proselytize. Nunlee, Martin: See Denise Smith Olazábal, Ann: U.S. Sales Law as Global Law: Recent CISG Precedents. The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), which became federal law in 1988, is now firmly entrenched in U.S. decisional law. In fact, the last five years have witnessed acceleration in the number and types of CISG cases decided by U.S. courts. This paper addresses recent federal court opinions applying the CISG, updating prior scholarship treating U.S. precedents. Olazábal, Ann: See Patricia Abril Nunley, Patricia: Coming to a Screen Near You: "The Legal Landscape of Social Media". In the past few years, social media websites have increased at such a rapid rate that they have exceeded the development of the rules designed to regulate them. Employers may face liability under federal, state and local laws for using information learned through social media. Therefore, employers must be cautious and proactive in addressing these emerging workplace legal issues. This article will examine the legal issues resulting from use of social media, discuss the implications of recent case law developments, and provide guidelines for employers to avoid liability in this developing area of law. Olazábal, Ann and Jamie Darin Prenkert: Meet the Editors of the American Business Law Journal. The panel is designed to allow interested prospective authors, published authors, current and prospective reviewers, and the readership to meet with members of the American Business Law Journal's editorial board. Editorial board members, including the current and incoming Editors in Chief, will discuss the years' successes and challenges, outline Journal policies about which interested parties may not be aware, and respond to attendees' specific questions. O O’Brien, Kevin: Bounty Eligibility Rules for In-House Lawyers under the SEC Final Whistleblowing Regulations--Fifty State Analysis of Permitted Government Disclosures under State Bar Ethical Rules. Generally, lawyers are ineligible for bounties under the attorney-client privilege when making disclosures to the SEC pursuant to its whistle blowing program required by Dodd-Frank legislation. As a key exception for internal company lawyers, this rule does not apply if the disclosure to the SEC is permitted under the state bar ethical rules without the employer's consent. This paper determines: (1) what states permit this disclosure; (2) resulting strategies by companies to limit eligibility in these states; and (3) the public policy changes likely to occur at the state level in response to the new SEC final whistleblowing rules. Orozco, David: See Gerlinde Berger-Walliser Orozco, David: Administrative Patent Levers. This article describes the process that led to the creation of administrative patent levers related to business method patents. In particular, policymakers in all three branches of government reacted strongly to the dangers posed by business methods. This institutional attention led to a series of rules at the USPTO to manage the quality of business method patent examination practices. This behavior is explained under the fire alarm theory of regulatory change, and the principal-agent theory of administrative decision-making, whereby an administrative agency responds to external institutional pressures and actors. O’Hara, Margaret: See James Holloway O’Hara, Michael: Mitigation of Wrongful Termination Damages. Mitigation of damages is a "duty", but its contours are influenced by market conditions. Theoretically, markets provide ample opportunities for mitigation via substitute performance. However, the actual market that the plaintiff enters might be barren and/or full of friction. Additionally, expert estimation of damages is routinely based upon market condition data that describe that market at its mean; whereas the plaintiff might present outlier characteristics. When the damages to be measured are lost employment compensation, what are the criteria for successful mitigation of those damages? Ostas, Daniel: The Ethics of Corporate Legal Strategy: A Response to Professor Mayer. In a forthcoming issue of the American Business Law Journal, Professor Don Mayer continues an important conversation regarding the ethics of corporate legal strategy. Addressing of my published works (several of which have appeared in the ABLJ), Mayer offers two primary criticisms: (1) the works are too sanguine with regard to the appropriate scope of the strategic decision to "breach-and-pay," and (2) the works offer too little guidance for the well-intentioned corporate executive. In this response, I briefly restate my views, address Mayer's two criticisms, and offer a concluding remark. Ogden, Judith Stilz: Can You Be Too Religious? How the Civil Rights Act Addresses Proselytizing in the Workplace. Religious discrimination is treated differently from other forms of discrimination. In one sense, adherents of some religions are not requesting the same treatment, but Oswald, Lynda: The Evolving Role of Opinions of Patent Counsel in Federal Circuit Cases. An unlikely intersection has emerged in U.S. patent law in two types of cases addressing the role of opinions of counsel: (1) those addressing willful 60 infringement and enhanced damages; and (2) those addressing inducement of infringement. The U.S. Court of Appeals for the Federal Circuit appears to be weakening the role of patent opinions for willfulness determinations, but strengthening the role of such opinions in inducement cases. In light of these developments, companies doing business in the U.S., whether U.S.- or foreign-based, would do well as a strategic matter to seek patent opinions whenever reasonable doubt about liability exists. campaign advertising. Although some campaigns have complied with network requests, others have relied upon a fair use or free speech argument to defy the networks and use the footage without permission. Although several networks have threatened legal action, no court has yet determined whether such ads are indeed a fair use of the copyrighted material. This article analyzes this issue, which involves important copyright and free speech concerns, through the lens of existing copyright case law. P Parker, David and Daphyne Saunders Thomas: Employer Discrimination Using Credit Reports Under Title VII of the Civil Rights Act of 1964 and the Case of EEOC v. Kaplan Higher Education. The paper will study and discuss employers' illegal discrimination against Black job applicants and incumbents in violation of Title VII using credit reports. In a case of first impression, the EEOC filed a complaint against Kaplan Higher Education for illegally discriminating in the hiring and treatment of Black employees based upon information obtained in their individual Credit Reports. The authors will explore the possible impact of this case on businesses and how this case can be used to teach illegal discrimination practices under Title VII to business students. Pagnattaro, Marisa: See Franklyn Salimbene Pagnattaro, Marisa: U.S. Trade Policy: Increased Emphasis on Worker Rights. This paper analyzes the increasing focus on worker rights in U.S. trade policy. Part I reviews actions by labor unions over the last decade. Part II analyzes the NAFTA plan regarding Mexican trucks and tariffs on Chinese tires. Part III considers the DR-CAFTA request for consultations with Guatemala. Part IV details the United Steel Workers Section 301 Action against China related to green technology industries and Part V reviews the labor considerations in pending free trade agreements with Colombia, Panama and Korea. Part VI analyzes the future of labor and trade. Pattison, Patricia: Outrage and Engage: The Story of Eminent Domain. This paper describes a project designed for the first day of an introductory law class. The purpose of the project is to engage students by presenting them with a topic that creates emotion and motivates them to study law. Storytelling techniques are used to present the case Kelo v. City of New London; it allows students to identify with the issues and/or characters, enabling them to be personally influenced. In addition to high emotion, Kelo also provides vivid examples of the concepts covered in the first few weeks of class. Palmer, Steven: See Janet Hale Pardau, Stuart: Alternative Litigation Financing and its Impact on Attorney-Client Communications. Alternative Litigation Financing (“ALF”), also commonly known as “third party litigation financing” describes when entities other than parties to an action (or their insurers or lawyers) finance or invest in that very action. Rules of Professional Responsibility and ethics, including the ABA Model Rules, around confidentiality privilege and the establishment of a client-lawyer relationship, are all affected by ALF. With respect to confidentiality and attorney-client privilege, this paper will explore whether an attorney may share client confidential information with an ALF financer that is consistent with a lawyer’s duty of confidentiality under Model Rule 1.6. Perry, Frederick: Saving Our Companies: A Need for a Comprehensive International Law On terrorism. Companies and commerce are at risk. Some terrorists wish to disrupt and destroy ongoing business. The world community is faced with a dilemma: trying to combat something that it cannot clearly define: terrorism. This paper examines the effect of terrorism on business in general; the dilemma posed by a lack of definition of the term "terrorism" and suggests a way forward in arriving at universal consensus. The paper provides the proposition that there is a case to be made that the world needs a universal definition. Pardau, Stuart: Statutory Damages Analysis under the Copyright Act in the aftermath of Sony v. Tenenbaum. The Sony v. Tenenbaum case, (D. Mass. 2010), currently on appeal in the First Circuit, addresses statutory damage jury awards in copyright infringement cases later reduced by judicial fiat, largely on Constitutional, due process grounds. Tenenbaum relied heavily on the U.S. Supreme Court case of BMW v. Gore (S.Ct. 1996). This paper argues Tenenbaum’s reliance on BMW is flawed since: 1) it addresses the issue of punitive damages, not statutory damages; and 2) procedural due process concerns concerning “lack of notice” central regarding punitive damages are absent in the context of statutory damages since such ranges are specified by statute. Perry, Joshua: Ethics, Law, and the Business of Healthcare. The business of healthcare delivery is unique among economic enterprises, because of the relationship of trust between physician and patient, the potential vulnerability of the patient, and the attendant cost, quality, and access factors that complicate attempts to distribute broadly and fairly healthcare throughout the population. This Article argues that ethics should more intentionally mediate future efforts at policy and legal reforms of the healthcare business. As a case study, the article examines physician-owned hospitals, which were targeted by the PPACA, and considers whether these reforms might offer a useful guide to crafting a more robust ethical healthcare policy. Park, Susan: Unauthorized Televised Debate Footage in Political Campaign Advertising: Copyright Infringement or Fair Use? In recent years television networks with copyright protection on campaign debate footage have attempted to suppress the use of such footage in subsequent 61 field of behavioral ethics to argue that mere disclosure in this setting is probably inadequate to protect investors. Perry, Joshua, Christina Benson, Linda Christiansen, Jere Morehead, Tonia Hap Murphy, and Jamie Darin Prenkert: Business Education Under Attack: Can the Criticisms in Academically Adrift and Rethinking Undergraduate Business Education Be Addressed by Strong Business Law and Ethics Programs? Join us to discuss the recent critiques in Academically Adrift: Limited Learning on College Campuses and Rethinking Undergraduate Business Education. The former raises questions about the value and benefit of undergraduate education generally, pointing a particularly accusatory finger at business. The latter reports an extended study by The Carnegie Foundation for the Advancement of Teaching. The interactive session will provide an overview of the purported "ailments" of undergraduate business education, identifying the "symptoms" and "diagnoses" presented in the two books. Then, we will discuss whether and to what extent business law and ethics programs may be integral to the "cure." Priya, Kanu: See Gregory Tapis R Razook, Nim: See Robert Bird Razook, Nim: See Carolyn Hotchkiss Razook, Nim: Extralegal Norms in Action: Norms and Sanctions for ALSBTALK. This is a paper about extralegal norms. It is intended to foster discussion about the importance of such norms in personal and professional settings, to encourage you to incorporate the study of these norms into your courses, and, most important, to make a point about one of our academy's important inter-communications vehicles, ALSBTALK, where cooperative norms and sanctions thrive. The point of including a preliminary study of ALSBTALK, the list serve available to all Academy members, is to demonstrate how familiar settings routinely inspire extralegal norms and to emphasize and celebrate their existence and importance. Persons, Bonnie: See Janet Hale Prenkert, Jamie Darin: See Ann Olazábal Prenkert, Jamie Darin: See Joshua Perry Prenkert, Jamie Darin: The Employment NonDiscrimination Act Should Not Prohibit Discrimination "Because of" Sexual Orientation or Gender Identity. This paper does not argue that the Employment Non-Discrimination Act (ENDA) is bad law or policy. To the contrary, it advocates passage of the proposed federal law prohibiting employment discrimination on the basis of sexual orientation and gender identity. The reason that ENDA should not prohibit discrimination "because of" sexual orientation and gender identity is that those two words -- "because of" -- have been interpreted narrowly by the Supreme Court to require a showing of "but for" or "necessary" causation. The sponsors of ENDA should redraft the operative language of ENDA to make clear that ENDA prohibits "mixed-motives" cases. Redle, Dave, John Matejkovic, and Suzanne Gradisher: Piercing the Agency Shield: Are Courts Twisting Long Established Principles of Agency Law to Achieve Wrong Results? Agency is a fundamental legal concept, allowing principals to appoint others to conduct business on their behalf. It is a necessary concept, especially in modern times. The ‘flip side' of the agency relationship, is the protection of third-parties dealing with agents, by making the principal liable for the actions of an agent acting within the scope of their agency. Recently, a conflict has arisen between attempts to shield entities from liability (e.g., Hospitals), and precepts of agency law protecting thirdparties. This paper examines some recent decisions which the authors propose misapply agency to minimize the law's protections to third-parties. Prenkert, Jamie Darin, Julie Manning Magid, and Allison Fetter-Harrott: Retaliatory Disclosure. Charges of discrimination with the Equal Employment Opportunity Commission (EEOC) are neither public nor anonymous. Though the EEOC is subject to confidentiality regulations, the parties are not. True anonymity is nearly impossible to achieve in the charge process. Nevertheless, the EEOC has found cause for retaliation based on a respondent's broad publication of the charging parties' identities. This paper addresses whether and to what extent courts should recognize such retaliatory disclosure claims, by consulting research on whistleblowing and the standards for pseudonymity in litigation and applying them to the Supreme Court's standard that of material adversity in the retaliation context. Reed, Alex: Subsidizing Hate: A Proposal to Reform the Internal Revenue Service’s Methodology Test. Since 1986, the Internal Revenue Service has utilized a methodology test to determine when advocacy of a particular viewpoint may be deemed educational so as to qualify the underlying organization as a public charity entitled to tax-exempt status. Because the Service has been reluctant to apply the test rigorously, however, a number of hate groups have been able to obtain charitable status under the guise of operating as legitimate educational organizations. This Article argues that application of the methodology test must be more robust to prevent hate groups from receiving federal subsidies in the form of preferential tax treatment. Roach, Bonnie: Chipping Away at the Intentional Tort Exception in Workers Compensation: The Ohio Supreme Court’s Decision in Kaminski v. Metal & Wire Products. The Ohio State Supreme Court recently ruled that employees would be unable to pursue litigation against employers for intentional torts unless they could prove the employer acted with “deliberate intent to cause an Prentice, Robert: The Limits of Disclosure. The SEC is deciding whether to impose a uniform fiduciary obligation upon stock brokers and other professionals giving investment advice to customers or, among other options, to require brokers merely to disclose to customers that the brokers owe them no fiduciary duty. This article draws upon the general literature of behavioral psychology and some fascinating new developments in the 62 employee to suffer an injury”. Previously, the Ohio General Assembly had been substantially limited in legally restricting the ability of an employee to sue the employer under the theory of an intentional tort. This paper examines the historical evolution of Workers’ Compensation law in Ohio and the machinations that the Ohio Supreme Court went through to overrule previous precedence. designing a syllabus and grading the travel component, making travel arrangements, working with a service provider, and dealing with student free time. Scalise, David: Trademark Trilogy II The Legal Life Cycle of an Intangible Asset. Trademark Trilogy II is a three-article series exploring the genesis, journey, and demise of a trademark. (I) A trademark may be acquired by institutional spark, secondary market, or commissioned by a naming company; (II) The term of a trademark can be characterized by galvanizing events; the birth of a new product line or serious legal issues: opposed; gains secondary meaning or infringed upon by a competitor; and (III) Companies merge, consolidate, or are acquired; a trademark may be lost, sold, bartered, or abandoned. Worse, the name could become "genericized." Roberson, Jessie: Regulation of Sporting Goods Innovation. The paper will examine disputes arising from attempts to develop new and better equipment for use in popular sports. Robertson, Patricia Quinn and John F. Robertson: Salesmen Minus Enthusiasm? Pharmaceutical Sales Reps and the Fair Labor Standards Act. Should pharmaceutical sales representatives receive overtime pay under the Fair Labor Standards Act of 1938? In 2010, the Second Circuit held that such representatives are entitled to overtime pay, and the U. S. Supreme Court denied certiorari in 2011. In 2011, the Ninth Circuit held that such representatives are not entitled to overtime pay. This article explores the pros and cons of overtime pay for such sales representatives, describes the implications of this determination for employers and employees, and suggests possible solutions to this division. Schein, David: Outside Organizations and the Academy: Policy Implications for Current and Future Involvement. A panel discussion to explore the increasing involvement of outside organizations in universities. Various social, business, religious and political groups are having an impact on universities. Should some be allowed, but not others? Should there be firm guidelines to avoid surrender of academic freedom? What does academic freedom mean when your department or school is heavily supported by one or more outside organizations? This is especially timely in this time of tight budgets when outside organizations promise significant and needed funding. Robertson, John F.: See Patricia Quinn Robertson Roehling, Mark: See Stacy Hickox Roehling, Mark and Patricia Roehling: The Effect of Legal Protection Against Weight-based Employment Discrimination on Overweight Women and Men: An Empirical Investigation. This study investigates gender differences the effect of legal protection against weight discrimination in employment. An analysis based on original data from a telephone survey of 1,010 randomly selected Michigan residents (the only U.S. state with a state law prohibiting weight discrimination), and relevant empirical findings from published studies, indicates that legal protection against weight discrimination reduces gender differences in the experience of overt forms of weight discrimination (e.g., refusing to hire a person). However, overweight women continue to experience subtle forms of weight discrimination (e.g., verbal harassment, exclusion from social activities) to a significantly greater extent than men. Schipani, Cindy: When Size Matters: Implications for Public Policy from the Stock Options Backdating Scandal. This manuscript addresses significant issues of policy concerning exemptions that have been granted small firms from regulations. For example, the Dodd-Frank Act exempts small firms from the internal control audit that otherwise would have been required by the Sarbanes-Oxley legislation. The stock options backdating scandal provides a unique opportunity to examine the likelihood that a firm is engaging in illicit activity regardless of whether the firm is ever investigated. Our results show that smaller firms are overly represented in the sample of firms that have engaged in illegal activity, but spared the bulk of law enforcement efforts. Schulzke, Kurt, Gerlinde Berger-Walliser, Pier Marchini, and Catalina Castaño: Lexis Nexus Complexes: Contract Law Implications of the Joint IASB-FASB Revenue Project. On June 24, 2010, the U.S. Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB) issued a joint exposure draft, ED/2010/6, proposing a common standard for recognizing revenue from contracts with customers. One of four stated objectives of ED/2010/6 is to improve comparability of revenue recognition practices across entities, industries, jurisdictions and capital markets. This paper tests the likelihood that implementation of ED/2010/6, which requires a legally enforceable contract as a precondition to recognition of revenue from customer contracts, will produce inter-jurisdictional variations in revenue recognition resulting from local differences in contract law. Roehling, Patricia: See Mark Roehling S Salimbene, Franklyn: See Janet Hale Salimbene, Franklyn, Joseph Schwerha, and Marisa Pagnattaro: Developing and Implementing an International Travel Component in a Law Course. Developing and implementing an international travel component in a law course can be both challenging and engaging. This panel discusses a number of practical issues related to travel and offers suggestions for dealing with them. Among other things, the panel discusses making the fit between course material and travel destination, working within your university to get course approval, Schwerha, Joseph: See Franklyn Salimbene 63 Stakeholder groups can benefit from more efficient resource allocation. Schwerha, Joseph and John Bagby: Cloud Computing and Mobile Devices: Are Our Present Laws Sufficient for this Change in the Basic Way People Use Computers? Traditional computing was cloud architecture: mainframes were connected to dumb terminals on secure dedicated lines. Over the past 30 years, PCs gained increasing on-board applications, processing power and storage, apparently obviating mainframes. However, the cloud is returning. Distributed data storage and split processing are making computing accessible almost anywhere using mobile devices. This paper examines how law must adapt by addressing proliferating location data, uncertain dependability, service-level commitments, and new business models like software as a service. Adjustments will be needed in matters like discovery, privacy, licensing, search and seizure, information security standards and international law. Smith, Charles: Discovery in Arbitration. Discovery in arbitration is an issue that is usually overlooked but can be crucial to the outcome of the arbitration. Discovery has traditionally been limited or prohibited in arbitration. Parties to arbitration might lack the information needed for a proper presentation or to support a fully-considered settlement. This paper will conclude that discovery in arbitration should be limited because this will facilitate achieving a faster and less expensive decision. Any limitations on discovery in arbitration should be governed by the parties' arbitration agreement and not by law in that arbitration proceedings are ordinarily framed by the parties' agreement. Smith, Denise, Michael Katz, and Martin Nunlee: Negative Product Placement: An Evolving Theory of Product Disparagement and Unfair Competition. Product placement is a marketing communications strategy to inform, remind and pursue consumers. Many consumers view advertising with suspicion. In an attempt to overcome suspicion and communicate to consumers, firms have resorted to product placement to overcome resistance to traditional commercial communication. While many researchers have examined marketing communication in terms of hype and puffery, few have examined negative product placement using the frameworks of disparagement, unfair competition, and trademark tarnishment. This paper examines the practice of attempting to influence consumers' perception through the use of negative product placement and examines the ethical and legal ramifications of such practices. Seeman, Elaine: See James Holloway Sepinwall, Amy: Citizens United and the Ineluctable Question of Corporate Citizenship. Those opposed to the Citizens United decision must find a way to distinguish individual and corporate free speech rights. This paper seeks to provide a new foundation for the distinction by focusing not on personhood (as critics of the decision have done) but instead on citizenship. In particular, the paper draws a connection between the First Amendment's political free speech rights and the central institutions of citizenship -- the ballot, jury, and draft. Since corporations are not eligible for any of these, the paper argues, its political speech need not receive robust constitutional protection. Snyder, Frank: See Mark Usry Shears, Peter: Unfair Commercial Practices: Regulation at Risk. In the UK the Consumer Protection from Unfair Trading Regulations came into force on 26 May 2008. They implemented the EU Unfair Commercial Practices Directive, introducing a general duty on traders not to trade unfairly with their consumers. This paper will seek to show that they have been working well, but that their continued effectiveness has been put at risk, initially by the Government's massive cutbacks on expenditure, and currently by the nonsense of their assurances that consumer protection will be maintained. Sprague, Robert: Immediate Feedback Assessment Technique Promotes Student Engagement. This paper describes the use of the "Immediate Feedback Assessment Technique" (IF-AT) to encourage inclass student participation and engagement, and to reduce the amount of class time devoted to lecturing. Sprague, Robert and Mary Ellen Wells: The Supreme Court as Prometheus: Breathing Life into the Corporate Supercitizen. To colonial America corporations represented not just another "person" entitled to constitutional rights, but rather extensions of tyranny of faraway England. Corporations have served a vital role in the commercialization of American society during the past century, but have always raised the specter of unhealthy concentrations of wealth and power of a few individuals. Before 2010, that concentration was limited directly to commercial power and only indirectly to political power. After the Supreme Court's decision in Citizens United v. Federal Election Commission, however, corporations may now directly dominate the political as well as the commercial direction of this country. Sherman, Margaret: See Susan Willey Silverstein, David: A Managerial Approach to Social Assessment/Stakeholder Analysis for More Efficiently Allocating Social Issue Resources. Business Ethics and Legal Environment of Business courses commonly teach Social Assessment/Stakeholder Analysis. Students learn to identify many different "Stakeholder" groups to which modern business must be responsive and many different types of "Social Issues" with which different Stakeholders are concerned, and to appreciate the manager's task of juggling those competing business demands. The emphasis is typically on creating student awareness of the issues rather than developing strategic approaches for resolving the challenges. By contrast, this paper proposes strategically applying the principles of Social Assessment to create "Win-Win" outcomes where both businesses and Staff, Marcia: Texas Courts and Clients and the UN CISG Acceptance or Rejection? Since becoming the law of the United States in 1988, the CISG is the default law governing most international sales contracts entered into by U.S. firms. With Texas as the nation’s top exporting state for the last 64 nine consecutive years, Texas courts, businesses and legal practitioners would be expected to be familiar with CISG. This paper will examine cases from Texas, along with recent survey data regarding knowledge and use of the CISG by practitioners in the United States looking for trends in both knowledge of the CISG and whether businesses are “opting out” of its application. discussion of principles and law-related research into creative courses of action. The instructor's copy explains what really happened: how a food supply company realized the "win-win-wins" of adopting sustainable business practices, and how third party standards and laws support the success of these initiatives. T Stallings Williams, Melanie: See Gerlinde BergerWalliser Tapis, Gregory, Jeanne Haser, and Kanu Priya: Bringing Your Entrepreneurial Spirit to the United States: Key Issues for International Entrepreneurs. Recent research has shown that many international entrepreneurs have a strong desire to enter the United States market. This increased desire is especially prevalent in India. However, many of the legal barriers to entry are confusing to Indian entrepreneurs and in some instances these legal complexities discourage entrepreneurs from entering the United States market. This paper compares the business laws of India and the business laws of the United States specific to entrepreneurs. Similarities and differences are discussed. Finally, recommendations are made in order relieve some of the trepidations experienced by Indian entrepreneurs. Steslow, Donna: See Nancy Lasher Stokes, Alexis: Why Delaware? Examining the Enforceability and Wisdom of Forum Selection Clauses in Corporate Bylaws. This paper examines the recent trend of corporations amending their bylaws to require that shareholder derivative suits be brought in Delaware. The paper first explores the enforceability of such forum selection clauses, especially in the wake of Galaviz v. Berg, and then considers the conventional wisdom that companies should prefer Delaware for resolution of shareholder suits. Strauss, Debra: The Role of Courts, Agencies, and Congress in GMOs: A Multilateral Approach to Ensuring the Safety of the Food Supply. The courts, other agencies, or Congress: who steps in when an agency fails to protect the food supply? In the area of genetically modified (GM) foods, the courts have been taking the role originally intended for regulatory agencies reasoning that those agencies have not been doing their job properly. In its first GM case, the Supreme Court recently concluded that the lower courts had gone too far. Other court cases by consumer organizations have been in effect regulating genetically modified organisms. An exploration of these cases demonstrates the need for a separate, specific statutory and regulatory scheme for GM crops. Tapis, Gregory, Jeanne Haser, and Kanu Priya: Keeping the Family Business in the Family: The Legal Complexities of a Healthy Succession. Family controlled businesses are the dominant form of business in the United States. One of the primary goals of the family business is to ensure that the business is passed down to future generations as well as to serve as a source of employment for family members. In order to ensure this succession, proper planning must occur. This paper investigates the importance of placing the family business in a trust and/or the importance of what form of entity the family business should choose. Both existing case law and recommended best practices are investigated. Thomas, Daphyne Saunders: See David Parker Sulkowski, Adam: See Janet Hale Thomas, Robert and Susan Marsnik: Making Abstract Ideas Concrete: Defining the Boundaries of Modern Business Method Patent Subject Matter Law. In 2010 the U.S. Supreme Court and the European Patent Office (EPO) both rebuffed opportunities to resolve uncertainty in patent subject-matter (PSM) law for business methods. Instead, these two adjudicative bodies actually increased PSM confusion. Based on the Bilski decision, commentators and federal courts have advanced tests that define the boundaries of patentable subject matter. We contend that without first having a clear definition of the “useful arts,” such efforts leave U.S. PSM law as rudderless as corresponding EPO law. We identify the likely contours of such a precedent-based definition, and propose appropriate tests based on this definition. Sulkowski, Adam: The Evolving Landscape of Green Lease Contracts. Leasing agreements have traditionally not been geared to take into account environmental impacts. Conventional thinking holds that, so long as a cost is shifted onto someone else, externalities like environmental impacts are not something that could add value. However, in the arena of sustainable business, it is not news that examining externalities and engaging stakeholders unleashes tremendous value. Green leases are contracts whereby the lesser and lessee have a stake in such conduct, including the limitation of environmental impacts. This paper explores the business case for such lease agreements and the evolution of leasing contracts to embrace these concepts. Thompson, Dale: Immigration Policy Through the Lens of Optimal Federalism. In the midst of the contentious debate over immigration, this article uses an "optimal federalism" framework to examine immigration policy. It compares economies and diseconomies of scale across enactment, implementation, and enforcement institutions, to determine the appropriate level of government for addressing immigration. While the federal government should play Sulkowski, Adam: Sid Wainer & Son: A Growing Realization. This teaching case challenges the reader to contemplate what they would do in the absence of a clear crisis or controversy. Good managers proactively solve problems before they become crises. Great leaders engage stakeholders to develop a vision and a plan to realize it. In this case, enough facts are presented to either engage in a 65 some role across each phase, significant diseconomies of scale appear in both the implementation and enforcement phases, which imply important though limited roles for state and local governments. The article then offers a complex combination of federal, state, and local authority, in the pursuit of an effective and equitable immigration policy. third-party claims under Title VII is presented. The article evaluates the impact these decisions are having on Title VII jurisprudence and makes recommendations for employers to mitigate the ever-increasing number of retaliation cases being filed with the Equal Employment Opportunity Commission (EEOC) and being successfully litigated in the courts. Thor, Jennifer Cordon: When a Common Interest Development Falls Appart Who is Required to Pick Up the Pieces? Imagine the following scenario: A couple of years ago you purchased a new condominium unit in a new common interest development (CID). This CID originally was designed to have 200 condominium units. You were one of the first to purchase and today only 30 units have been built and sold. The other day you received a notice that the developer has filed for bankruptcy and you heard that the bank has foreclosed upon the remaining property in the CID. Will this CID be completed as planned and who will complete it? This all depends on where the CID is located. U Updike, Ann: See Susan Willey Uriarte-Elizade, Zulema: Return on Ethics. In the current business environment, abiding by the law is no longer enough. Increasingly accessible information allows the general public to be informed about any and all actions a company takes. Shareholders are no longer the only individuals that a company needs to worry about, but rather shareholders themselves need to consider pressuring companies to be more accountable for their actions than ever before. Unethical behavior can lead to major economic losses through a decrease in stock price and brand equity, and an increase in lawsuits and crisis management. Companies can learn from the mistakes and triumphs of other companies that have faced ethical dilemmas such as Enron, Mattel, Toyota, Gap, Nike, WorldCom, Foxconn, and Johnson & Johnson among others. Tracey, Ann Marie and Shelley McGill: Building a New Bridge Over Troubled Waters: Lessons Learned from Canadian and U.S. Arbitration of Human Rights and Discrimination Employment Claims. Building on our 2010 comparative paper, this paper takes the next step and recommends optimal approaches for resolving employment discrimination claims arising in the organized workplace. It incorporates lessons learned from existing schemes in place in Canada and the United States. It argues that the transparency, notoriety and appealability offered by a judicial forum justify making an exception to the general policy in favor of arbitration, and concludes with recommendations for congressional action. Usry, Mark: See Janet Hale Usry, Mark and Frank Snyder: The Foreign Corrupt Practices Act - Trends, Disparities and Implications. The past 5 years has seen an increasing number of Foreign Corrupt Practices Act cases filed against corporations and individuals. Trends, disparities and implications of these decisions will be addressed in this paper. Tracey, Ann Marie and Shelley McGill: Can You Hear Consumers Now? The Supreme Court Disconnects Consumers in AT&T Mobility, LLC v. Concepcion. In AT&T Mobility, LLC v. Concepcion the Supreme Court disconnected consumers from a previously available collective route to arbitrate common claims through class arbitration. In a 5-4 decision, the Court held that the Federal Arbitration Act (FAA) preempts a California state rule limiting application of class arbitration waivers in consumer contracts of adhesion (the Discover Bank rule). The majority and dissenting opinions take differing views on the availability of the unconscionability defense and the courts role in furthering the policy in favor of arbitration. This paper explores the resulting immediate and long term implications for business and consumers nationwide. V Vinson, Kait: A Newmont Era: A Case Study on Newmont Mining Corporation and the Development of Corporate social Responsibility and Sustainability. This paper provides an overview of the international law, ethics, and responsibility of multinational enterprises in the mining industry when impacting third world countries and their people. It then analyzes Newmont Mining Corporation’s intricate journey from a traditional mining company to a company focused on sustainability and social responsibility. von Nessen, Paul, Berna Collier, and Alan Collier: The Australian Personal Property Securities Act and Retention of Title Protection: UCC Article 9 Reaches the Antipodes. Later this year the Personal Property Securities Act will come into force in Australia. This legislation introduces a functional approach to personal property security similar to that employed by the UCC. The difficulties which this paradigm shift will present in Australia have already been faced in Canada and New Zealand. These are considered with particular emphasis on retention of title (Romalpa) clauses. Tucker, James: See Sandra Miller Twomey, David: Employee Retaliation Claims Under the Supreme Court’s Burlington, Crawford and Thompson Decisions: Important Implications for Employers. This paper presents the Supreme Court's reasoning on the "reach" of Title VII's anti-retaliation provision as well as the Court's standard for actionable retaliation in its landmark Burlington decision. The Crawford decision and rationale are discussed; and the Thompson case and the Court's standard for recognizing 66 W Willey, Susan: See Carolyn Hotchkiss Wall, Patricia: The Backyard Hybridizer's Guide to Protecting Biotech Innovations. As a number of perennials, e.g. daylilies, have become increasingly popular over the years, the number of novice non-professional hybridizers has rapidly increased. Many local flower clubs and nurseries conduct classes on hybridization techniques. Even professional hybridizers take several years to bring a new plant to market. How can the hybridizer protect his investment-registration with the American Horticultural Society (AHS), a patent, or even keep it a trade secret? This article examines the development of law and ethics in the area. Willey, Susan, Nancy Mansfield, and Margaret Sherman: Integrating Ethics Across the Curriculum: A Pilot Study to Assess Students' Ethical Reasoning Skills. To integrate ethics across the curriculum, our CBA adopted an ethical decision-making model to be taught in LEB classes, then used in all subsequent business courses. After introducing the model to undergraduate LEB students at two universities, the authors assessed student responses to an ethical problem in business, a vendor's offer of free furniture. This paper reports that data and then outlines the instructional methods and materials necessary to integrate ethics into the functional areas of the college -discipline-specific ethics scenarios, guides for using the model to analyze dilemmas, and sample answers that illustrate appropriate ethical reasoning. Walliser, Bjorn: See Gerlinde Berger-Walliser Ward, Burke and Jamie Hopkins: Private Transfer Fees: An Evolving Issue. Private transfer fees (PTF), also known as reconveyance fees, are being debated on both the state and federal levels. PTF's are a charge, usually 1%, on the reconveyance of real property. Developers claim that these fees allow for the recovery of development costs, resulting in a lower initial cost to the purchaser. Opponents of claim that such a charge is unfair, restricts alienation, and is a surprise to the seller. Some states have banned or restricted PTF's. Other states and the federal government are discussing proposed legislation. The authors oppose an outright ban, but favor pre-contract disclosure requirement. Willey, Susan and Ann Updike: Promoting Deeper Student Learning Through In-Class Activities and Writing Assignments. By altering the learning context, e.g., course expectations, instructional methods, and assignments, faculty can encourage students to adopt deeper approaches to learning. Writing also develops higher-level thinking and fosters deeper learning through reflection, analysis, and synthesis. Carefully constructed in-class activities and writing assignments encourage students to embrace deeper learning strategies, fostering their intellectual development and acquisition of critical thinking skills. After discussing writing-in-the-disciplines and learning theory, the authors identify specific instructional methods, teaching strategies, and assignments that can be used in undergraduate LEB classes to promote deeper student learning and the attainment of higher level learning outcomes. Webber, Sarah: Don't Burst the Bubble: An Analysis of the First-time Homebuyer Credit and Its Use as an Economic Policy Tool. When faced with a looming real estate crisis, Congress hastily acted to stabilize the market by offering the first-time homebuyer credit (FTHC). This tax credit was promoted as a solution to remove the excess inventory of homes for sale and prevent a significant decrease in home values. The FTHC failed to deliver on its promises. Through an analysis of the FTHC focusing on the creation of the credit, the economic impact of the credit, and the alternatives to the credit, this article concludes that Congress improperly used the tax code to create the FTHC in the promotion of economic policy. Williams, Melanie and Dennis Halcoussis: State Employees, Unions and Free Speech. In many states, employees can be compelled to either join a union or pay "agency fees" for the costs of union representation. Can such employees be denied a right to vote on matters relating to the terms and conditions of employment? In light of the public debate on the topic of public sector labor unions, why has there been so little discussion of the role of democracy in union management? This paper explores the law and proposes that employees bound by the representation of unions be permitted to participate along with union members in matters relating to employment representation. Wells, Mary Ellen: See Robert Sprague Welton, Ralph: See Megan Mowrey Westermann-Behaylo, Michelle: See Norman Bishara Z Wiener, Robert: Peer Pressure: A Jewish Business Ethics Analysis of Creating an Ethical Corporate Culture. What should we do to promote ethical practices in business organizations? In past papers I concluded that the Jewish sources mandate an individual response to wrongdoing through one-to-one rebuking and that external whistle-blowing is, at best, a last resort. I recognize that in American business organizations individual rebuking is unreasonable to expect and likely to be ineffective, and whistle-blowers may be victims of retaliation. Now I investigate the Jewish sources on the alternative idea of creating a culture that would support both group and individual peer pressure to discourage wrongdoing and encourage right doing. Zaring, David: Regulating By Reputation. What is the role of reputation in business regulation? Daniel Carpenter argues that the American Food and Drug Administration performed effectively for most of the twentieth century because of a critical legal entitlement – gate keeping authority over new drugs - and because of a strong reputation. But strong regulatory reputations have blinded other regulators from good policymaking – the revered central bankers before the Great Depression may be an example. This paper, forthcoming in the Michigan Law Review, assesses the role of reputation in regulation, with particular attention to pharmaceutical regulation, and Carpenter’s evaluation of it. 67 Participant Index by Last Name Cowart, Tammy ...................................31, 33, 50, 53 Crall, Les .............................................................. 36 Cutting, Derek .................................................42, 50 A Abril, Patricia ............................................41, 46, 60 Ackerman, David .............................................40, 46 Allison, John ......................................................... 28 Axelrod, Elliot ............................... 30, 38, 46, 47, 55 D Davis, Laura ....................................................32, 51 Davis-Nozemack, Karie .............................37, 38, 51 DeLaurell, Roxane ...........................................40, 51 Demory, M. Yvonne ........................................29, 51 Dhooge, Lucien ....................... 28, 31, 42, 47, 51, 54 Didier, Jean ......................................................29, 51 DiMatteo, Larry ...................................31, 47, 50, 51 Dinovitzer, Ronit .......................................35, 51, 54 Dworkin, Terry ..................................................... 39 Dymally, Lynn ...........................................39, 50, 52 B Bagby, John ................................... 31, 34, 42, 46, 64 Bagley, Constance .....................................43, 46, 47 Bast, Carol ...........................................29, 40, 46, 48 Baumer, David ............................... 29, 32, 46, 47, 49 Becker, Paul .......................................................... 39 Bennett, Gwenda .......................................33, 46, 53 Bennett, Robert ....................................29, 32, 46, 47 Benson, Christina.................................32, 35, 46, 62 Berger-Walliser, Gerlinde. 36, 43, 46, 47, 60, 63, 65, Berger-Walliser, Gerlinde cont ............................. 67 Bird, Robert28, 31, 32, 36, 38, 42, 43, 46, 47, 48, 49, Bird, Robert cont .................................51, 53, 54, 62 Bishara, Norman ..................................34, 39, 47, 67 Bixby, Michael ................................................41, 47 Boedecker, Karl .........................................29, 47, 59 Bouzat, Facundo ..............................................40, 48 Bradley-Geist, Jill ......................................33, 48, 53 Brice, Beth .................................................40, 48, 54 Brown, Chelsea ................................................40, 48 Brown, Cynthia ....................................29, 40, 46, 48 Brown, Elizabeth ........................... 29, 36, 43, 47, 48 Brown, Eve ................................................41, 44, 48 Browne, Neil........................................36, 40, 48, 56 Burke, Debra..............................................34, 48, 54 Butler, Seletha .................................................42, 48 E Earle, Beverley ................................................41, 52 Elzweig, Brian .................................................29, 52 Emerson, Andrew ......................................43, 52, 58 Emerson, Robert ........................................36, 39, 52 F Farmer, Kevin ............................................33, 39, 52 Fetter-Harrott, Allison ...............................29, 52, 62 Fiorelli, Paul ....................................................41, 52 Forsythe, Lynn ............................... 28, 33, 43, 48, 53 Fox, Karla ............................................ 28, 43, 47, 53 G C Gantt, Karen ..............................................29, 37, 53 Geekie, John ..............................................37, 53, 58 George, Barbara Crutchfield ................ 39, 42, 50, 52 Gershuny, Pam ....................................33, 46, 50, 53 Ginger, Laura ...................................................29, 34 Ginsberg, Kenneth ................................................ 44 Gold, Gary .................................................42, 53, 59 Goldberg, Ilene ................................................42, 44 Golden, Nina....................................................34, 53 Goldsmith, Kenneth .............................................. 29 Gradisher, Suzanne ....................................41, 53, 62 Greene, Stephanie ......................................39, 42, 53 Greenhaw, Bill ...........................................32, 54, 60 Grow, Nathaniel...............................................39, 54 Grubbs, J. Keaton ......................................40, 48, 54 Grube, AJ ...................................................34, 48, 54 Gunz, Hugh................................................35, 51, 54 Gunz, Sally ..........................................32, 35, 51, 54 Gurley, Joanne G. ................................................. 32 Cahoy, Daniel .......................... 31, 32, 35, 38, 47, 49 Cain, Rita .........................................................34, 49 Cain, Susan ................................................33, 49, 58 Callahan, Elet ..................................................39, 49 Carrafiello, Vincent ...................................35, 36, 40 Castaño, Catalina .......................................36, 49, 63 Charters, Darren.................................................... 42 Chijioke, Emmanuel ........................................28, 49 Christiansen, Linda ....................................32, 49, 62 Chumney, Wade ...................... 29, 38, 42, 46, 49, 58 Cihon, Patrick ..................................................28, 49 Ciocchetti, Corey ......... 38, 39, 40, 42, 44, 49, 50, 58 Coffinberger, Richard ......................................34, 50 Cohen, Ronnie ...................................................... 34 Collier, Alan ..............................................36, 50, 66 Collier, Berna ............................................36, 50, 66 Colquitt, Jason ...........................................31, 50, 51 Connolly, Michael .....................................28, 32, 50 Cooper, Marsha .........................................40, 50, 56 68 Madek, Gerald ...................................................... 41 Magid, Julie Manning ................................29, 57, 62 Mallor, Jane .......................................................... 29 Mansfield, Nancy.......................................35, 57, 67 Marchini, Pier ............................................36, 57, 63 Mark, Gideon .............................................34, 35, 57 Marsnik, Susan ....................................42, 44, 57, 65 Martin, Susan ...................................................36, 57 Matejkovic, John .......................................41, 58, 62 Matejkovic, Margaret ......................................44, 58 Mawer, William ...................................36, 43, 52, 58 Mayer, Don ................................................42, 49, 58 McClain, Bruce ..........................................37, 53, 58 McGill, Shelley....................................31, 33, 58, 66 Meaders, Shannon ...........................................42, 58 Mello, Jeffrey ..................................................34, 58 Melvin, Sean ....................................................34, 58 Miller, Carol ..............................................33, 49, 58 Miller, Sandra ............................................35, 58, 66 Missirian, David ................................................... 41 Monseau, Susanna ...........................................31, 59 Moosavi, Sadredin ...........................................41, 45 Morehead, Jere ..........................................32, 59, 62 Morgan, Fred ........................................................ 29 Morris, Karen ............................................29, 47, 59 Mowrey, Megan............................. 33, 34, 44, 59, 67 Murphy, Tonia Hap ............................. 32, 37, 59, 62 H Halcoussis, Dennis.....................................29, 54, 67 Hale, Janet ................... 34, 35, 54, 61, 62, 63, 65, 66 Handl, Gunther ..................................................... 38 Hanson, Randall ..............................................41, 54 Hardy, Benjamin ........................................43, 54, 57 Haser, Jeanne .......................................41, 44, 54, 65 Hass, Marsha .............................................32, 54, 55 Hayward, John .................................................34, 54 Hickox, Stacy ............................................28, 54, 63 Highsmith, James.............................................37, 41 Hiller, Janine............................ 28, 30, 39, 47, 51, 54 Holcomb, John .................................................31, 55 Holloway, James ............................ 29, 41, 55, 60, 64 Hopkins, Jamie ..........................................36, 55, 67 Hotchkiss, Carolyn ........................ 30, 46, 55, 62, 67 Hunt, Judith ...............................................32, 54, 55 Hunter, Richard ...............................................39, 55 J Jebe, Ruth ........................................................41, 55 Jones, Ida .............................................................. 30 K N Karns, Jack ......................................................39, 55 Katz, Michael ............................................36, 56, 64 Kemp, Deborah..........................................31, 33, 56 Kim, Joe ...........................................................38, 56 Kisska-Schulze, Kathryn .................................33, 56 Koehler, Mike ..................................................31, 56 Koretz, Lora .....................................................41, 56 Korn, David .......................................................... 30 Kubasek, Nancy .........................................36, 48, 56 Kulow, Marianne .............................................37, 56 Kunkel, Richard ...............................................34, 56 Nasuti, J.L. Yranski .........................................33, 59 Naufal, George ..........................................42, 53, 59 Neufeld-Frederickson, Brittney .......................43, 59 Nichols, Philip ...........................................39, 42, 59 Norwood, John ..........................................32, 54, 60 Nunlee, Martin ...........................................36, 60, 64 Nunley, Patricia .........................................31, 34, 60 O L O’Brien, Kevin ..........................................42, 43, 60 O’Hara, Margaret.......................................29, 55, 60 O’Hara, Michael ........................................32, 36, 60 Ogden, Judith Stilz ..........................................31, 60 Olazábal, Ann .............. 30, 32, 35, 39, 41, 46, 60, 62 Orozco, David......................................39, 43, 47, 60 Ostas, Daniel....................................................31, 60 Oswald, Lynda .................................................31, 60 Lacey, Kathleen ...................................40, 43, 50, 56 Lamo, Norma ...................................................42, 56 Landrieu, Mitch .................................................... 33 Landry, Robert .....................................40, 43, 54, 57 Lasher, Nancy ............................................40, 57, 65 Lau, Jonathan ...................................................42, 57 Lemper, Tim ....................................................42, 43 Levey, Brian ......................................................... 30 LeVine, Robert ................................................36, 57 Liddell, Gloria ...........................................29, 31, 57 Liddell, Pearson .........................................29, 31, 57 Lorentz, Romain ..............................................43, 57 Lucas, Laurie ........................................................ 32 P Pagnattaro, Marisa ......................... 32, 37, 39, 61, 63 Palmer, Steven ...........................................35, 54, 61 Pardau, Stuart ............................................42, 44, 61 Park, Susan ......................................................33, 61 Parker, David .............................................44, 61, 65 Pattison, Patricia ..............................................44, 61 Perry, Frederick ...............................................39, 61 M 69 Perry, Joshua ................ 32, 37, 39, 46, 49, 59, 61, 62 Persons, Bonnie .........................................35, 54, 62 Prenkert, Jamie Darin . 29, 30, 32, 35, 52, 57, 60, 61, Prenkert, Jamie Darin cont ................................... 62 Prentice, Robert ...............................................36, 62 Priya, Kanu ..........................................41, 44, 62, 65 U R V Razook, Nim ...................... 30, 38, 42, 44, 47, 55, 62 Redle, Dave .........................................41, 53, 57, 62 Reed, Alex .......................................................43, 62 Reed, O. Lee ......................................................... 35 Reed, Lisa ............................................................. 44 Roach, Bonnie .................................................40, 62 Roberson, Jessie ..............................................29, 63 Robertson, John ...............................................34, 63 Robertson, Patricia Quinn ................................34, 63 Roehling, Mark ....................................28, 31, 54, 63 Roehling, Patricia ............................................31, 63 Vinson, Kaitlin ................................................43, 66 von Nessen, Paul........................................36, 50, 66 Updike, Ann ..............................................33, 66, 67 Uriarte-Elizade, Zulema ..................................43, 66 Usry, Mark ............................... 35, 38, 40, 54, 64, 66 W Walker, Patrick ..................................................... 34 Wall, Patricia ...................................................43, 66 Walliser, Bjorn ..........................................36, 47, 67 Ward, Burke ..............................................36, 55, 67 Webber, Sarah .................................................29, 67 Wells, Mary Ellen ......................................36, 64, 67 Welton, Ralph ............................................44, 59, 67 Westermann-Behaylo, Michelle ..........34, 39, 47, 67 Wiener, Robert ..........................................31, 42, 67 Willey, Susan ............... 30, 33, 35, 55, 57, 64, 66, 67 Williams, Melanie ................... 29, 36, 47, 54, 65, 67 S Salimbene, Franklyn ...................... 32, 35, 54, 61, 63 Saunders Thomas, Daphyne ......................44, 61, 65 Scalise, David ..................................................44, 63 Schein, David ................................ 30, 33, 39, 40, 63 Schipani, Cindy .........................................31, 35, 63 Schulzke, Kurt ............................... 36, 46, 49, 57, 63 Schwerha, Joseph........................... 32, 34, 46, 63, 64 Seeman, Elaine ..........................................29, 44, 64 Sepinwall, Amy ...............................................36, 64 Shackelford, Scott ............................................31, 35 Shears, Peter ....................................................36, 64 Sherman, Margaret ....................................35, 64, 67 Silverstein, David ............................................35, 64 Smith, Charles .................................................33, 64 Smith, Denise .................... 36, 40, 42, 43, 56, 60, 64 Snyder, Frank ............................................40, 64, 66 Sokol, Karen C. .................................................... 41 Sprague, Robert ...................................36, 37, 64, 67 Staff, Marcia ....................................................42, 64 Stallings Williams, Melanie.......................36, 47, 65 Steslow, Donna ..........................................40, 57, 65 Stokes, Alexis ..................................................42, 65 Strauss, Debra ..................................................37, 65 Sulkowski, Adam............... 33, 34, 35, 37, 45, 54, 65 Z Zaring, David .............................................35, 42, 67 T Tapis, Gregory ......................... 33, 41, 44, 54, 62, 65 Thomas, Robert .........................................44, 57, 65 Thompson, Dale ..............................................36, 65 Thor, Jennifer Cordon......................................29, 66 Tracey, Ann Marie ............................... 31, 33, 58, 66 Tucker, James ............................................35, 58, 66 Twomey, David ...............................................40, 66 70 Kansas City here we come! August 7- 11, 2012 Intercontinental Hotel at $129 per night & free parking At the Plaza: 15 square blocks of restaurants, shops & fountains Quick Teaching Tips with Paper Presentations How Nonlawyers Interpret Regulations Negro Baseball League Museum ALSB in KC 2012 Truman Library NelsonAtkins Art Museum American Jazz Museum Kansas City Bar-B-Q 71 72 73 74 Map of Hotel Meeting Rooms 75 76
