Tues, 8/6 – Wed, 8/7 Day-by-Day Schedule Tuesday, August 6 Executive Committee Meeting and Lunch Registration 11:00 AM – 3:00 PM Commonwealth 2:00 PM – 5:00 PM Ballroom Foyer 3:30 PM Instructions in Registration Packet Duck Boat Tour and Freedom Trail Tour Wednesday, August 7 8:00 AM – 5:00 PM Ballroom Foyer Task Force Committee Meeting 8:00 AM – 10:00 AM Singleton House of Delegates Meeting 10:00 AM – 12:00 PM Forum Exhibitors 12:00 PM – 5:00 PM Ballroom Foyer Newcomers Lunch 12:00 PM – 1:30 PM St. James ABLJ Invited Scholars Colloquium 12:00 PM – 4:30 PM See Session A1 Academic Break-Out Sessions 1:30 PM – 3:00 PM See Sessions B1-B6 Coffee Break 3:00 PM – 3:15 PM Ballroom Foyer Academic Break-Out Sessions 3:15 PM – 4:45 PM See Sessions C1-C6 Ice-Breaker Cocktail Party 5:30 PM – 7:30 PM The Hub (off-site) 7:30 PM The Hub Registration ABLJ Invited Scholars Colloquium Dinner A ABLJ Invited Scholars Colloquium (A1) 12:00 PM – 4:30 PM Singleton Moderator: Jamie Darin Prenkert, Indiana University ~ This session is by invitation only. ~ 1. A Case of First Impressions: Protecting Websites’ Look and Feel by Liz Brown, Bentley University (Daniel Cahoy, Penn State University - Discussant) 2. Corporate Social Responsibility and the Global Commons: An Agent-Driven Approach to Global Governance by Stephen Park**and Gerlinde Berger-Walliser, University of Connecticut (Jamie Darin Prenkert, Indiana University and Marisa Pagnattaro, University of Georgia - Tag Teaming Lead Discussant) 3. The Digital Millennium Copyright Act, Interoperability, and the Violation of Your Constitutional Rights: How a Constitutional Challenge to Copyright’s Anti-Circumvention Provisions Could Save the Fifth Amendment by Kenneth Sanney, Central Michigan University (Lynda Oswald, University of Michigan - Discussant) 4. Teaching an Old Dog New Tricks: Adapting Public Utility Commissions to Meet Twenty-First Century Energy Challenges by Inara Scott, Oregon State University (Robert Prentice, University of Texas - Discussant) **Stephen will be the participating author in the Colloquium activities. We also are fortunate to have two additional excellent discussants who will be participating in all of the Colloquium activities: Robert Bird, University of Connecticut and current ABLJ editor in chief, and Larry DiMatteo, University of Florida. 1 Day-by-Day Schedule Wed, 8/7 B Academic Sessions (B1 – B6) 1:30 PM – 3:00 PM Locations Panel Copley Session B1 A Cross Cultural Perspective on Advancing Women to Top Leadership in Organizations Virginia Maurer, University of Florida (Chair) Terry Dworkin, Indiana University & Seattle University Session B2 Cindy Schipani, University of Michigan Chizu Nakajima, Cass Business School, London Constitutional Law Venetian Moderator: Patricia Abril, University of Miami 1. First Amendment Concerns in Off-Label Promotion: Sciences vs. Marketing by Stephanie Greene, Boston College 2. Recess Appointments: An Idea Whose Time is Past by Burke Ward and Labhras MacGabhann, Villanova School of Business 3. Religious Pretenders in the Courts: Unmasking the Imposters by John Hayward, Bentley University 4. Tipping the Scales in Favor of Civilian Taping of Encounters with Police Officers by Carol Bast, University of Central Florida Session B3 Business Organizations and Combinations Back Bay Moderator: Robert Bennett, Butler University 1. Balancing Women’s Rights and Religious Freedom Under the ACA by Karen Gantt, University of Hartford 2. Regulatory/Political Climate, Education, Income, Sustainability & Company Headquarter Locations: What Connection Exists, How to Interpret It and Next Steps for Business Law Scholarship by Adam Sulkowski, Kyle Potvin, and Amie Tailor, University of Massachusetts 3. The Sum of Their Parts: Unrelated Business Income Tax Liability Issues for the Entrepreneurial Activity of Small Colleges and Universities by John McArdle, Centenary College and County College of Morris Session B4 Tax Law Commonwealth Moderator: Stuart Graham, Georgia Institute of Technology 1. Contextualizing Corporate Tax Planning by Karie Davis-Nozemack, Georgia Institute of Technology 2. Eminent Domain of Mortgages: A Federal Income Tax Perspective by Valrie Chambers and Brian Elzweig, Texas A&M University 3. Insider Trading, One-Percenters and IRC Section 6103(e) by David Baumer and Roby Sawyer, North Carolina State University and Wade Chumney, Georgia Institute of Technology 4. Retroactive Revenue Grabs: Coming Soon to a State Near You by Mystica Alexander, Bentley University Session B5 Ethics & CSR Oval Moderator: Elizabeth Brown, Georgia State University 1. Duplicity in Higher Education: The Ethics of an Ethics Chair Search by John Holcomb, University of Denver 2. Employees’ Perceptions of Ethics in Organizations by Tammy Cowart, Sherry Avery, Afton Barber, Jerry Gilley, University of Texas and Ann Gilley, Ferris State University 3. Ethics and Employment Law Challenge by Ilse Hawkins, University of Cincinnati 4. Hypothetical Efficiency is not Grounds for Breach by Daniel Isaacs, Temple University Session B6 Cyber Law / Internet Law Ballroom Moderator: Justin Blount, Stephen F. Austin State University 1. Botnet Takedowns: Law and Policy by Janine Hiller, Virginia Tech 2. Illuminating the Elusive Cyber-Infrastructure Policy Resolution: The Industrial Organization Lens by John Bagby, Penn State University 3. Pliers and Screwdrivers as Contributory Infringement Devices: Why Your Local Repair Shop Might be a Copyright Infringement and What We Must Do To Stop the Craziness by Anjanette Raymond, Indiana University 4. Sit Down and Shut Up: Common Courtesy in the Classroom (and Beyond): Use of Social Media in the Classroom by Nina Golden, California State University, Northridge (Development Track) 2 Day-by-Day Schedule Wed, 8/7 C Academic Sessions (C1 – C6) Session C1 3:15 PM – 4:45 PM Locations Development Track: Employment / Labor Law and Policies Copley Moderator: John Bagby, Penn State University 1. The Perils of Social Media: Navigating the Legal Risks by Patricia Nunley, Baylor University and Justin Blount, Stephen F. Austin State University 2. Mean or Misunderstood? Obstacles to Women Receiving Mentorship from Other Women in Law by Keith Hunter and Monika Hudson, University of San Francisco 3. New Model for an Age Old Problem of Child Protection in Higher Education by Seletha Butler, Georgia Institute of Technology, Willie Lovett, Atlanta’s John Marshall School of Law and Valerie Njiiri, Voices for Children 4. Females Are Absent from Undergraduate Business Schools: An Isolated Ailment or Silent Epidemic? by Laura Davis and Victoria Geyfman, Bloomsburg University of Pennsylvania Session C2 International Law Venetian Moderator: Elizabeth Cameron, Alma College 1. State Responsibility for Bribe Solicitation and Extortion in International Business Transactions and Foreign Direct Investment: Obligations, Obstacles and Opportunities by Bruce Klaw, University of Denver 2. Food Security and Safety: Socio-Economic Considerations in Biotechnology Regulation by Debra Strauss, Fairfield University 3. Foreign Jurisdictional Algebra and Kiobel vs. Royal Dutch Petroleum: Foreign Cubed and Foreign Squared Cases by Robert Wiener, Pace University 4. The Human Rights-Related Aspects of Indigenous Knowledge in the Context of Common Law Equitable Doctrines and Implications of the Kiobel Decision by Kevin McGarry, Texas Wesleyan University, David Orozco, Florida State University and Lydie Cabrera Pierre-Louis, University of San Francisco Session C3 Development Track: Cyber Law / Internet Law Back Bay Moderator: Konrad Lee, Utah State University 1. As You ‘Like’ It: Facebook and Free Speech in the Workplace by Paula O’Callaghan, University of Maryland University College and Jerome O’Callaghan, State University of New York at Cortland 2. Emerging Legal Issues in Social Media by Margo Reder, Boston College 3. Preservation, Proportionality and Sanctions Under the Federal and State Rules, and Current Case Trends by Vicki Luoma, Minnesota State University and Milton Luoma, Metropolitan State University 4. The Right to be Forgotten by Patricia Abril, University of Miami Session C4 Intellectual Property Law Commonwealth Moderator: Karen Gantt, University of Hartford 1. Do Investors Value Secrecy in Patenting? Evidence from the American Inventor’s Protection Act in 1999 by Stuart Graham, U.S. Patent & Trademark Office and Georgia Institute of Technology and Deepak Hegde, U.S. Patent & Trademark Office and New York University 2. Fair Use in Australia? Fair Dinkum! by Richard Kunkel, University of St. Thomas 3. Obviousness-type Double Patenting: A Surprising Impediment to Collaborative Research and Development by David Silverstein, Sawyer Business School and Onello & Mello, LLP 4. Eating Beyond 2050: A Coordinated Approach to Preserving Food Innovation and Access by Daniel Cahoy, Penn State University 3 Wed, 8/7 – Thurs, 8/8 Day-by-Day Schedule Session C5 Regulatory Law and Environment, Energy & Sustainability Law Oval Moderator: Nina Golden, California State University, Northridge 1. Food Safety in China: Chinese and World Legal Reactions by Nancy Carr, Community College of Philadelphia 2. Franchise Hostages: Fast-Food, God and Politics by Robert Emerson, University of Florida 3. Materiality, Investor Demands, Dodd-Frank: All Signs Greater Sustainability Disclosures Are Required by Adam Sulkowski, University of Massachusetts 4. Linking Business and Sustainability Concepts Using WRI’s Sustainability SWOT by Elet Callahan, Sustainable Enterprise Partnership and Syracuse University Session C6 Ethics & CSR Ballroom Moderator: Norm Bishara, University of Michigan 1. Monsters, Incorporated: Why Corporations Aren’t Persons and Why We Shouldn’t Care Anyway by Amy Sepinwall, University of Pennsylvania 2. Reconsidering Lawyer Autonomy: The Nexus Between Firm, Lawyer and Client in Large Commercial Practice by Ronit Dinovitzer, Hugh Gunz, and Sally Gunz, University of Toronto 3. The Conflict Between Intellectual Property Protection and Innovation: Introducing a Duality Model for Ethical Innovation by Wade Chumney, Georgia Institute of Technology, Gunther Schumaker, ICN Business School and David Wasieleski, Duquesne University 4. The Ethical Implications of Cloud Computing for Lawyers: Cloudy at Best by Stuart Pardau, California State University, Northridge Thursday, August 8 International Section Breakfast 7:30 AM – 9:00 AM St. James Technology Section Breakfast 7:30 AM – 9:00 AM Singleton Continental Breakfast 8:00 AM – 9:00 AM Ballroom Foyer Registration 8:00 AM – 5:00 PM Ballroom Foyer Exhibits 8:00 AM – 5:00 PM Ballroom Foyer Master Teacher Symposium 9:00 AM – 12:30 PM See Session D1 Coffee Break 10:20 AM – 10:40 AM Ballroom Foyer Research and ABLJ Panel 10:40 AM – 12:15 PM See Session E1 Environmental Law Section Lunch Speakers: Jacob Vaillancourt, Sustainable Business Entrepreneur and Fred Kalisz, Mayor of Massachusetts’ fourth largest city and an expert on brownfielding: the transfer, remediation, and reuse of contaminated land. 12:30 PM – 2:00 PM Singleton Employment Law Section Lunch 12:30 PM – 2:00 PM St. James Academic Break-Out Sessions 2:00 PM – 3:20 PM See Sessions F1-F6 Coffee Break 3:20 PM – 3:40 PM Ballroom Foyer Academic Break-Out Sessions 3:40 PM – 5:00 PM See Sessions G1-G6 Speaker: Michael Meurer, Harvard GLB & Friends Reception Social Event 5:00 PM – 6:00 PM St. James Buses Depart at 5:45-6:15 PM JFK Library (off-site) 4 Day-by-Day Schedule Thurs, 8/8 D 9:00 AM – 12:30 PM Location Master Teacher Symposium Ballroom Academic Session (D1) Session D1 Moderator: Mike Koval, Salisbury University The Master Teacher Symposium is underwritten through the generosity of Irwin-McGraw Hill 1. The Legal Beagle News Show: An Extreme Makeover for Socrates to Engage Students in Any Business Law Course by Sandra Benson, Middle Tennessee State University 2. “Jury, Jury, Halleluiah”: Replacing Myths With Understanding by Mark DeAngelis, University of Connecticut 3. What’s So Funny About Peace, Love, Understanding and Pasta? by John McArdle, Centenary College and County College of Morris 4. Teaching Behavioral Ethics by Robert Prentice, University of Texas E 10:40 AM – 12:15 PM Locations Research and ABLJ Panel States A & B Academic Sessions (E1) Session E1 Demystifying the ABLJ and Establishing a Productive Research Agenda Marisa Anne Pagnattaro, University of Georgia (Chair) Robert Bird, University of Connecticut Daniel Cahoy, Penn State University Jamie Darin Prenkert, Indiana University F Academic Sessions (F1 – F6) 2:00 PM – 3:20 PM Locations Panel Copley Session F1 Intellectual Property Strategic Behavior: Have Patent Trolls Finally Met Their Waterloo? Website: http://patenttrolls.ist.psu.edu John Bagby, Penn State University (Chair) David Baumer, North Carolina State University Tammy Cowart, University of Texas David Orozco, Florida State University Session F2 John Allison, University of Texas Daniel Cahoy, Penn State University Susan Marsnik, University of St. Thomas Lynda Oswald, University of Michigan Development Track: Torts/Products Liability State Suite A Moderator: Keith Diener, George Washington University 1. Studying is Dangerous? The Call for a National Uniform Standard for Study Abroad Liability by Robert Aalberts, University of Nevada, Chad Marzen and Darren Prum, Florida State University 2. Extending the Learned Intermediary Doctrine by Fred Morgan, Jeffrey Stoltman and Brad Carmean, Wayne State University, John Miller and Kendi Pate, University of Kentucky, Karl Boedecker, University of San Francisco and William Jones, University of South Dakota \ 3. Faulty Cribs and Tainted Lipstick by Melanie Williams, California State University, Northridge 4. Protecting Universities and Faculty in Experiential Education from Suits by Students: Practical Tips in Designing Releases of Liability by Franklyn Salimbene, Bentley University 5 Day-by-Day Schedule Session F3 Thurs, 8/8 Environment, Energy & Sustainability Law Back Bay Moderator: Sally Gunz, University of Waterloo 1. Wind Farms: Remedy for Dependence on Fossil Fuels or New Threat to the Environment? by Sharlene McEvoy, Fairfield University 2. Does the Privatization of Public Lands Implicate the Public Trust Doctrine: An Analysis of Pennsylvania’s Statutory and Common Law Treatment of Public Land by Michael Valenza, Temple University 3. RRR via Brownfields by Michael O’Hara, University of Nebraska 4. Green Building Geography Across the United States: Does Governmental Incentives or Economic Growth Stimulate Construction? by Darren Prum and Tetsuo Kobayashi, Florida State University Session F4 Development Track: Employment / Labor Law Commonwealth Moderator: Miriam Albert, Hofstra University 1. Enough Already: Workplace Bullying Statutory Protection is Not Needed by John Matejkovic and Margaret Matejkovic, University of Akron 2. Occam’s Razor in Employment Discrimination Law by Julie Manning Magid and Jamie Darin Prenkert, Indiana University 3. The Affirmative Action Debate: Diversity or Discrimination? by Winston Waters, Adelphi University 4. Using Mediation to Address Conflicts Involving Religious Accommodation in the Workplace by Debbie Kaminer, Baruch College/CUNY Session F5 Cyber Law / Internet Law State Suite B Moderator: Mark Bender, Monash University 1. #IHateMyBoss: What Every Employer Needs to Know about regulating Employees’ Use of Social Media by Jessica Magaldi and Richard Kraus, Pace University 2. Crowd Funding, Emerging Growth Companies and Internet Fraud: A Brave New World or Lawyer’s Full Employment by R. Clayton Trotter, University of Alaska Anchorage 3. Employee Internet Privacy: Striking a Proper Balance Between Legitimate Employer Interests and Employee Privacy by Susan Park, Boise State University Session F6 Development Track: Pedagogy and Tax Forum Moderator: Paula Murray, University of Texas 1. Alterative Fee Arrangements: Some Basic Concepts for Business Students by Robert Draba, USDOJ and Alexander Hewes, Private Practice 2. Beyond the Black Letter Law: Re-Assessing How We Teach Corporate Governance by Alexis Stokes, Texas State University, San Marcos 3. Tax Issues Arising From Cell Phone Tower Leases: Can Landowners Overcome the Substitute for Ordinary Income Doctrine? by Joel Tuoriniemi, Michigan Tech University 4. The Federal Government Crack-down on Offshore Accounts: What it Means to Taxpayers by Trisha Wald, Southwestern Oklahoma State University G Academic Sessions (G1 – G6) Session G1 3:40 PM – 5:00 PM Locations Teaching Tips Copley Teaching Tips Discussion Carol Miller, Missouri State University (Chair) Thomas Wesner, Boston College 6 Day-by-Day Schedule Session G2 Thurs, 8/8 Distinguished Proceedings State Suite A Moderator: Susan Marsnik, University of St. Thomas 1. Transitioning a River Outfitter to the Next Generation by Debra Burke and Carroll Brown, Western Carolina University 2. Protecting Employee Rights and Prosecuting Corporate Crimes: A Proposal for Criminal Cumis Counsel by Josephine Nelson, University of California, Berkeley and Richard Parry, California State University, Fullerton 3. Conflict Minerals and Polycentric Governance of Business and Human Rights by Jamie Darin Prenkert, Indiana University 4. Governing the Final Frontier: A polycentric Approach to Managing space Weaponization and Debris by Scott Shackelford, Indiana University Session G3 Cyber Law / Internet Law Back Bay Moderator: David Baumer, North Carolina State University 1. Social Media Privacy: What’s in a Password? Rights and Protection by Elizabeth Cameron, Kelsey Blades and Mason Molesky, Alma College and Dawn Swink, University of St. Thomas 2. The Discoverability of Social Media by Bonnie Roach, Ohio University 3. The Top Ten NLRB Cases on Facebook Firings and Employer Social Media Policies by Christine O’Brien, Boston College 4. Discovery in the Internet Age: How the Courts are Dealing with Requests for Social Media Evidence by Daniel Rice, Syracuse University Session G4 Ethics & CSR Commonwealth Moderator: Bonnie Persons, California State University, Chico 1. ESOPs and the Fiduciary Standard Recently Adopted by the Seventh Circuit by Jack Karns, East Carolina University and Bruce McNeil 2. Apple, Inc.: Labor and Social Responsibility Issues in China by Don Mayer and Andy Reger, University of Denver 3. Be Still My Fear for Loss: Perfectionism as Moral Strategy in Business contracting by Gaston de los Reyes, University of Pennsylvania 4. Combating Corruption to Respect Human Rights: Understanding the Ethical Responsibilities of Corporations by Norm Bishara and David Hess, University of Michigan Session G5 Healthcare State Suite B Moderator: Tonia Murphy, University of Notre Dame 1. Balancing the Rights of Children, Parents and the State: The Legal, Ethical and Psychological Implications of Genetic Testing in Children by Susan Denbo, Rider University 2. Pharmaceutical Efficacy: The Illusory Legal Standard by Jonathan Darrow, Bentley University 3. The Court Strikes a Balancing Pose as Companies Race to Patent Gene Sequences for Breast Cancer by Penny Herickhoff, Minnesota State University Session G6 Employment / Labor Law Forum Moderator: Franklyn Salimbene, Bentley University 1. The Empirical Impact of Covenants Not to Compete on Entrepreneurial Activity by Robert Bird and John Knopf, University of Connecticut 2. The Changing Landscape of Disparate Impact Discrimination: Criminal Conviction Policies, EEOC, Enforcement, and the Courts by Lucas Loafman, Texas A&M University and Andrew Little, Abilene Christian University 3. Two Hats, One Head, No Heart: The Anatomy of the ERISA Settlor/Fiduciary Distinction by Dana Muir, University of Michigan and Norman Stein, Drexel University 4. You Ain’t No Friend of Mine: A Review and Analysis of Legislation Prohibiting Employers From Demanding Access to Employees’ and Job Applicants’ Social Media Accounts by Robert Sprague, University of Wyoming 7 Day-by-Day Schedule Fri, 8/9 Friday, August 9 ADR Section Breakfast 7:30 AM – 9:00 AM Singleton African-American Faculty Breakfast 7:30 AM – 9:00 AM St. James JLSE Staff Breakfast 8:00 AM – 9:00 AM Venetian Continental Breakfast 8:00 AM – 9:00 AM Ballroom Foyer Registration 8:00 AM – 5:00 PM Ballroom Foyer 8:00 AM – 5:00 PM Ballroom Foyer Academic Break-Out Sessions 9:00 AM – 10:20 AM See Sessions H1-H6 Coffee Break 10:20 AM – 10:40 AM Ballroom Foyer Academic Break-Out Sessions 10:40 AM – 12:00 PM See Sessions I1-I7 12:00 PM – 1:45 PM Ballroom Underwritten through the generosity of Cengage Learning Academic Break-Out Sessions 2:00 PM – 3:20 PM See Sessions J1-J7 Coffee Break 3:20 PM – 3:50 PM Ballroom Foyer Women’s Tea 3:30 PM – 5:00 PM St. James 3:30 PM Instructions in Registration Packet 6:15 PM – 7:15 PM Copley-Singleton Meet in Hotel Lobby at 7:00 PM Moo Restaurant 9:00 AM – 10:20 AM Locations Panel Copley Exhibits Plenary Lunch Speaker: Lisa Kelly-Croswell Duck Boat Tour and Freedom Tail Tour ABLJ Staff Reception Past President’s Dinner H Academic Sessions (H1 – H6) Session H1 Publishing in Business Ethics Journals Gerlinde Berger-Walliser, University of Connecticut (Chair) Sally Gunz, University of Waterloo David Orozco, Florida State University Norm Bishara, University of Michigan Don Mayer, University of Denver Wade Chumney, Georgia Institute of Technology Session H2 Panel State Suite A Discipline of Faculty for Classroom Political Activity David Schein, Virginia State University (Chair) Richard Davis, Susquehanna University Session H3 Holmes-Cardozo Back Bay Moderator: Robert Bird, University of Connecticut 1. Whither Zauderer? The Disclosure of Payments to Foreign Governments and the Compelled Speech Doctrine by Lucien Dhooge, Georgia Institute of Technology 2. The Proper Role of Common Law Doctrine in Multi-Actor Patent Infringement Cases by Lynda Oswald, University of Michigan 3. Teaching an Old Dog New Tricks: Adapting Public Utility Commissions to Meet Twenty-First Century Energy Challenges by Inara Scott, Oregon State University 8 Day-by-Day Schedule Fri, 8/9 Session H4 Commercial Law and Contracts Commonwealth Moderator: Ira Sprotzer, Rider University 1. Fortune Favors the Franchisor: Survey and Analysis of the Franchisee’s Decision Whether to Hire Counsel by Robert Emerson, University of Florida 2. Life Settlements: Legal Gambling, Property Rights, and Freedom to Contract are Insufficient Reasons to Pervert the Purpose of Life Insurance by Susan Martin, Hofstra University 3. Principles of Contract Formation in American Law: When the Parties’ Writings Do Not Conform: United States and International Implications by Richard Hunter and Dennis De Almeida, Seton Hall University 4. Franchise Savoire-Faire by Robert Emerson, University of Florida Session H5 Tax Law State Suite B Moderator: Vincent Carrafiello, University of Connecticut 1. States Taxing Our Email Messages? Should They…Could They? An In-Depth Analysis Into the Future of Email Taxation in the Wake of the Expiration of the Internet Tax Freedom Act by Kathryn Kisska-Schulze, North Carolina A&T State University 2. Taxation and Tribes: Federal and States Activities by George Generas, University of Hartford 3. Taxing Luck by Peter Prescott, Butler University 4. The Tainted Whistleblower Dilemma by Karie Davis-Nozemack, Georgia Institute of Technology and Sarah Webber, University of Dayton Session H6 Development Track: Ethics & CSR Forum Moderator: Rick Kunkel, University of St. Thomas 1. Is a Bribe Always a Bribe? A Second Look at Facilitation Payments and Pharma by Beverley Earle, Bentley University and Anita Cava, University of Miami 2. Thwarting Corruption While Violating Human Rights? The Criminalization of Illicit Enrichment by Jeffrey Boles, Temple University 3. Constructing the Ethical Corporation: The Role of Mandatory Disclosure Regulation in CSR by Stephen Park, University of Connecticut 4. What is a “Social” Business and Why Does the Answer Matter? by Justin Blount, Stephen F. Austin State University and Patricia Nunley, Baylor University I Academic Sessions (I1 – I7) 10:40 AM – 12:00 PM Locations Panel Copley Session I1 Integrating a Business Legal Studies Curriculum: First Year Course, Legal Environment Course, and Capstone Course – Incorporating Stakeholder Theory into the Law and Business Curriculum and Paper entitled “Reconciling Democracy and Capitalism” by Daniel Herron Daniel Haughey, Miami University (Chair) Daniel Herron, Miami University Laura Tholke, Miami University Neal Schuett, Miami University Session I2 Panel State Suite A Publishing in Other Disciplinary and Foreign Law Journals Larry DiMatteo, University of Florida (Chair) Robert Bird, University of Connecticut Connie Bagley, Yale University John Bagby, Penn State University 9 Day-by-Day Schedule Session I3 Fri, 8/9 ADR / Bankruptcy Back Bay Moderator: Will Mawer, Southeast Oklahoma State University 1. The Next Chapter: Revisiting the Policy in Favor of Arbitration in the Context of Collective Statutory Claims by Shelley McGill, Wilfrid Laurier University and Ann Marie Tracey, Xavier University 2. Bankruptcy Reform and National Consumer Bankruptcy Filing Rates: An Interrupted Time-Series Analysis by Rob Landry, Ben Boozer, and Keith Lowe, Jacksonville State University 3. Evaluation of the Proposal to Amend the Bankruptcy Code to Prohibit Private Employers from Refusing to Hire Applicants on the Basis of Bankruptcy Filing by David Schein, Virginia State University 4. Religiosity and Consumer Bankruptcy: A State-Level Analysis by David Read, Weber State University and Rob Landry, Jacksonville State University Session I4 Pedagogy Commonwealth Moderator: Stuart Pardau, California State University, Northridge 1. Adding Risk analysis to Legal Courses: More than Liability, It’s a Separate Dimension by Susan Willey and Harold Weston, Georgia State University 2. Collaborative Critical Thinking Exercises for Business Law Students by Lynn Forsythe, Ida Jones and Deborah Kemp, California State University, Fresno 3. Exceptionalism by Kenneth Schneyer, Johnson & Wales University 4. Instructional Rubrics: A Tool for Improving Student Writing by Susan Willey and Nancy Mansfield, Georgia State University Session I5 Constitutional Law State Suite B Moderator: Philip Nichols, University of Pennsylvania 1. When a Public Employer Doesn’t Like What Its Employees ‘Like’: Social Media and the First Amendment by Tanya Marcum and Sandra Perry, Bradley University 2. Soft Law as Foreign Relations Law by David Zaring, University of Pennsylvania 3. You Say ‘Lean Finely Textured Beef’; I Say ‘Pink Slime’ by Rita Cain, University of Missouri, Kansas City 4. The Digital Millennium Copyright Act, Interoperability, and the Violation of Your Constitutional Rights: How a Constitutional Challenge to Copyright’s Anti-Circumvention Provisions Could Save the Fifth Amendment by Kenneth Sanney, Central Michigan University Session I6 Sports Law Forum Moderator: Kevin McGarry, Texas Wesleyan University 1. A Question of Competitive Balance by Jessie Roberson, Ohio University 2. Fairness, Due Process and the NCAA: Time to Dismiss the Fiction of the NCAA as a “Private Actor” by Richard Hunter, John Shannon, and Laurence McCarthy, Seton Hall University 3. Sports Gambling: New Jersey and Beyond by Ira Sprotzer, Rider University and Joshua Winneker, Misericordia University 4. The Big Red Mess: The Cardinals Concessions Contract by Eric Yordy and Taylor Snell, Northern Arizona University Session I7 Potpourri Session Singleton Moderator: Aaron Pennington, York College of Pennsylvania 1. The Adolescent-Guardian Entrepreneurial Relationship: A Default Entity Status? by Jason Gordon, Georgia Gwinnett College 2. A Comparison of the Handling of the Financial Crisis in Ireland and the United States by Elizabeth Brown, Georgia State University 3. Can Incentives to Generic Manufacturers Save Doha’s Paragraph 6? by Stacey Lee, Johns Hopkins University 4. Management Information Systems, Regulation and Public Policy: Moving State and Local Next Generation (NG) 911 Policy-Making and Management Closer to Business Functions by Elaine Seeman, James Holloway and James Kleckley, East Carolina University 10 Day-by-Day Schedule Fri, 8/9 J Academic Sessions (J1 – J7) 2:00 PM – 3:20 pm Locations Panel Copley Session J1 Symposia, Colloquia, and Workshops: Models for Increasing Research Fora in the Academy Lynda Oswald, University of Michigan (Chair) Lucien Dhooge, Georgia Institute of Technology Robert Bird, University of Connecticut Session J2 Robert Thomas, University of Florida Jamie Prenkert, Indiana University Daniel Cahoy, Penn State University Development Track: International Law State Suite A Moderator: Daniel Isaacs, Temple University 1. “NML vs. Argentina” and the Future of Sovereign Debt Enforcement by Tim Samples, University of Georgia 2. Enforcement Actions Under the Foreign Practice Act and the U.K. Bribery Act by Lora Koretz, Arizona State University 3. Examining European Banking Supervision with Optimal Freedom by Dale Thompson, University of St. Thomas 4. If the Door is not “Ajar” Can it Still be Opened: The Key to Claims Against Corporations is Available Although it Might be Through a Door Other Than the One Locked by SCOTUS in “Kiobel” by Marsha Cooper and Kathleen Lacey, California State University, Long Beach Session J3 Pedagogy & Immigration Law Back Bay Moderator: Henry Lowenstein, Coastal Carolina University 1. News to Use: The Best News Stories of the Last Year for Teaching Business Law by Karen Morris, Monroe Community College and Marianne Jennings, Arizona State University 2. The Uncheatable Class by Corey Ciocchetti, University of Denver 3. You Be The Judge: Using Classroom Academic Integrity Violations to Teach Business Ethics and Legal Sanctions by Hilary Buttrick, Peter Prescott, and Deborah Skinner, Butler University 4. Catholic Social Teaching, the Right to Immigrate, and the Right to Regulate Borders: A Proposed Solution for Immigration Reform by Chad Marzen and William Woodyard, Florida State University Session J4 Development Track: Consumer Protection and Environment, Energy, & Sustainability Law Commonwealth Moderator: Janet Hale, Texas State University 1. Fairness for Farmers by Peters Shears, Plymouth University 2. From Food Desert to Cornucopia: A Lawyer’s Primer for Growing a Local Food Scene by Amber Kingery 3. Beyond Compliance: Ecological Crises, Sustainable Management and Proactive Law by Gerlinde Berger-Walliser, University of Connecticut 4. Health Care Reform and the Limits of Federal Authority by Ilene Goldberg, Rider University Session J5 Development Track: Employment / Labor Law State Suite B Moderator: Laura Ginger, Indiana University 1. How Patterns of Dissent are Shackled in Public Sector Organizations in Canada by Alan Levy, Brandon University 2. The Overtime Issue for Accountants by Randall Hanson, University of North Carolina 3. Vance vs. Ball State University: New Rules for Applying the “Supervisor Liability Rule” in Hostile Environment Cases by J.L. Yranski Nasuti, Iona College 4. Are Nation of Origin Based Wage Differentials a Violation of Acceptable International Labor Standards? A Review of Labor Practices in the Arabian Gulf Arab States by Gary Gold, American University of Sharjah 11 Fri , 8/9 – Sat, 8/10 Day-by-Day Schedule Session J6 Development Track: Business Organizations & Combinations Forum Moderator: Kenneth Ginsberg, Hodges University 1. Corporate Formation Before the Birth of Septuplets: When New Jersey was the State of Choice for Incorporators Prior to the Seven Sisters Act by John McArdle, Centenary College and County College of Morris 2. The Road Less Traveled: Lawyers as CEO by Dex Gruber and Jonathon Mote, Southern Illinois University and Kevin Sullivan, Virginia Tech University and Virginia Tech Foundation, Inc. 3. Using Film to Enhance International Business Law Education: The Social Network Film and the Law Student by Janice Denoncourt, Nottingham Trent University 4. The Best of Both Worlds: Default Fiduciary Duties and Contractual Freedom in Alternative Business Entities by Sandra Miller, Widener University Session J7 Potpourri Session Singleton Moderator: Jane Mallor, Indiana University 1. Migrating Digital Forensics and Electronic Discovery into the Cloud: An Injustice Risk Analysis by John Bagby, Penn State University and Joseph Schwerha, California University of Pennsylvania 2. Will Smart Meters Outsmart Us From a Privacy Perspective? Articulating the Privacy Concerns by Nancy King, Oregon State University 3. Comparative Risks in Mortgage Foreclosures by Patricia Pattison, William Chittenden, and Kirsten Jacobvitz, Texas State University 4. Postmodernists and Remembering Bonsignore by Bill Shaw, University of Texas Saturday, August 10 7:30 AM – 9:00 AM Singleton Continental Breakfast 8:00 AM – 9:00 AM Ballroom Foyer Registration 8:00 AM – 12:00 PM Ballroom Foyer Exhibits 8:00 AM – 12:00 PM Ballroom Foyer Annual Business Meeting 9:00 AM – 10:20 AM Oval ABLJ Board Meeting 10:00 AM – 3:00 PM Commonwealth Marketing and Sports Law Section Breakfast Speaker: Lisa P. Masteralexis, J.D. Coffee Break 10:20 AM – 10:40 AM Ballroom Foyer Academic Break-Out Sessions 10:40 AM – 12:00 PM See Sessions K1-K7 12:00 PM – 2:50 PM St. James Academic Break-Out Sessions 1:30 PM – 2:50 PM See Sessions L1-L7 Coffee Break 2:40 PM – 3:10 PM Ballroom Foyer Academic Break-Out Sessions 3:10 PM – 4:30 PM See Sessions M1-M7 Pre-Banquet Reception 6:30 PM Grand Ballroom Foyer Annual Banquet 7:30 PM Grand Ballroom Ethics Section Lunch Speaker: Dr. Beverly Kracher, Creighton University: “Stepping Out of the Ivory Tower: Ethics in the City.” 12 Day-by-Day Schedule Sat, 8/10 K Academic Sessions (K1 – K7) 10:40 AM – 12:00 PM Locations Panel Copley Session K1 Navigating the Appointment, Reappointment, Promotion and Tenure Process Elliot Axelrod, Baruch College/City University of New York (Chair) Carol Bast, University of Central Florida Sally Gunz, University of Waterloo Kathleen Lacey, California State University, Long Beach Patricia Pattison, Texas State University, San Marcos Daniel Ostas, University of Oklahoma Nim Razook, University of Oklahoma Lee Reed, University of Georgia Session K2 Employment / Labor Law State Suite A Moderator: Carolyn Hotchkiss, Babson College 1. The Paula Deen Enterprise Case and the Use of the N-Word in the Workplace: Anathema: Blind Love for the Antebellum? by Darryll Lewis, University of Nebraska 2. Abandoning ENDA by Alex Reed, University of Georgia 3. Cloaking: Public Policy and Pregnancy by Julie Manning Magid, Indiana University 4. Domestic Violence Workplace Legislation: Minimizing Costs and Maximizing Benefits by Marianne Kulow, Bentley University Session K3 Pedagogy Back Bay Moderator: Kenneth Goldsmith, Chattanooga State Community College 1. A Narrative (Novel) Approach to Teaching Business Law by Joe Labatt, University of the Incarnate Word 2. A Stealth Drug Recall: Who Protects Consumers and Shareholders? by Susanna Monseau, Nancy Lasher, and Timothy Pfenninger, The College of New Jersey 3. Occupational Fraud: A Justification for Inclusion in the Undergraduate Business Curriculum by Aaron Pennington, York College of Pennsylvania 4. Tricky Business: A Decision-Making Framework for Ethically Suspect, Legally Sound Business Tactics by Corey Ciocchetti, University of Denver Session K4 Consumer Protection & Privacy Venetian Moderator: Richard Davis, Susquehanna University 1. The Application of the Fair Debt Collection Practices Act to Condominium Assessments: A Review of the Current State of the Law in the United States by Jennifer Cordon Thor, Oakland University 2. Can Financial Statement Fair presentation and Federal Securities Disclosure Law be Reconciled Through a Bayesian Regulatory Rubric? by Kurt Schulzke, Kennesaw State University and Lydie Pierre-Louis, University of San Francisco 3. From Conjecture to Hypothesis: Undertaking an Empirical Study of Disputes and Disputants in the People’s Court by Shelley McGill, Wilfrid Laurier University 4. Civil Liability for Securitized Mortgage Obligations: The Case of Standard and Poor’s by Don Mayer and Kevin O’Brien, University of Denver 13 Day-by-Day Schedule Session K5 Sat, 8/10 Development Track: Commercial Law and Contracts State Suite B Moderator: Christina Benson, Elon University 1. Legal Globalism: Use of Soft Law in International commercial Contract Arbitration by Larry DiMatteo, University of Florida 2. Promoting Investment in Agricultural Production: Increasing Legal Tools for Small to Medium Farmers by Abbey Stemler and Anjanette Raymond, Indiana University 3. The Doctrine of Unconscionable Contracts: At the Intersection of Ethics and Law by Keith Diener, George Washington University Session K6 International Law Forum Moderator: Kevin Farmer, California Polytechnic, Pomona 1. Show Me the Way: South Africa’s “New Governance” Approach Charts the Path to Integrated Corporate Reporting by Ruth Jebe, University of Denver 2. Public Policy and the Recognition of Foreign Judgments in Canada by Lucien Dhooge, Georgia Institute of Technology 3. Some Current Issues in the U.S.-China Trade and Investment Relationship by Clyde Stoltenberg, Wichita State University 4. Sovereign Wealth Funds and International Financial Regulation by Salar Ghahramani, Penn State University Session K7 Potpourri Session Singleton Moderator: Mary Ellen Wells, Alvernia University 1. Manuscript in Progress, Perverse Incentives and Corporate Conspiracy: Why We Are Asking the Wrong Basic Question in Assessing Personal Liability for Corporate Officers by Josephine Nelson, University of California, Berkeley 2. Information Asymmetry and Indigenous Knowledge: Moving Towards a Model of Fairness for the Development of Genetic and Traditional Knowledge by Gavin Clarkson, New Mexico State University, Marshall Van Alstyne, Boston University and Anjali Patel, Spiegel & McDiarmid 3. Joint Patent Infringement Following “Akamai” by Nathaniel Grow, University of Georgia 4. The Knowledge Police by David Orozco, Florida State University L Academic Sessions (L1 – L7) 1:30 PM – 2:50 PM Locations Panel Copley Session L1 Innovative Assignments: Beyond Homework, Toward Engaged Learning Mark DeAngelis, University of Connecticut (Chair) Eric Yordy, Northern Arizona University Valeriya Avdeev, William Paterson University Mitchell Sargen, Penn State University Mark Spurling, University of Connecticut Session L2 Ethics Session State Suite A Ethics Scholar in Residence: Dr. Beverly Kracher The Robert B. Daugherty Endowed Chair in Business Ethics & Society, Creighton University; Executive Director and President, Business Ethics Alliance; Professor of Business Ethics and Society, Marketing and Management. Dr. Beverly Kracher, the ALSB Ethics Scholar in Residence, will facilitate a conversation about how the academic community can work effectively with local business and chambers of commerce to develop a strong ethical culture. Dr. Kracher will share how the students of Creighton have been involved with initiatives such as the Ethics Super Hero's. She will also lead an interactive exercise to show how the model developed in Omaha can work in our local communities. 14 Day-by-Day Schedule Session L3 Sat, 8/10 Development Track: International Law Back Bay Moderator: Winston Waters, Adelphi University 1. Legal Institution Determinants of International Trade Structure: An Economic Analysis of Property Rights, Industry Complexity and Comparative Advantage by Gregory Bonadies, University of Southern Mississippi 2. Sovereign Anti-Corruption Law and a Globalized Business Environment by Philip Nichols, University of Pennsylvania 3. The CISG at 25: Is Use by United States Firms on the Wane? by Marcia Staff, University of North Texas 4. Trans Pacific Partnership: A Model for Future FTAs, or a Threat to the Multilateral Trading System? by Christina Benson, Elon University Session L4 Development Track: Pedagogy Venetian Moderator: Joel Tuoriniemi, Michigan Tech University 1. Best Uses of Business Cases in Online and Traditional Business Law Classes by Cheryl Kirschner, Babson College 2. Brinkman vs. Summit Pharmaceuticals: A Sexual Harassment Jury Simulation by Susan Marsnik, University of St. Thomas 3. Integrating Service Learning into the Business Curriculum in Federal Taxation and Marketing by Mary Ellen Wells and Samuel Bradley, Alvernia University 4. Advising Students or Practicing Law: The Formation of Implied Attorney-Client Relationships with Students by Patricia Sheridan, Manhattan College Session L5 Development Track: Constitutional Law State Suite B Moderator: Mark Usry, Bloomsburg University of Pennsylvania 1. Are There Limits to the Right to Political Advocacy Speech Possessed by Corporations: The Post-Citizen’s United Environment by Thomas Cavenagh, North Central College 2. Game of Phones: Expectations of Privacy in Cell Phone GPS Data by Tucker Greene, Cape & Island District Attorney’s Office 3. Teaching the U.S. vs. Windsor Same Sex Marriage Case by Corey Ciocchetti, University of Denver 4. The Takings Trilogy: The Roberts Court and Takings Jurisprudence by James Holloway and Donald Guy, East Carolina University Session L6 Employment / Labor Law Forum Moderator: Kenneth Schneyer, Johnson & Wales University 1. Do Unions Have a Right to Private Sector, Nonmember Home Contact Information for Individuals Who Are Protected by a Clear Right to Privacy? by Kevin Farmer, California Polytechnic, Pomona 2. Licensed Practical Nurses: Protected “Employees” or Statutory “Supervisors” Under the NLRA? The Impact of the Eleventh Circuit’s Lakeland Health Care Decision by David Twomey, Boston College 3. Reforming Public Pensions by Leigh Anenson, University of Maryland and Monash University and Alex Slabaugh and Karen Eilers-Lahey, University of Akron 4. The Legislative Response to Employers’ Requests for Password Disclosure by Jody Blanke, Mercer University Session L7 Development Track: Property Law / Real Estate Singleton Moderator: Abbey Stemler, Indiana University 1. International Island Disputes by Will Mawer, Southeastern Oklahoma State University and Paul Becker, Miami University 2. Abandoned in Arkansas; Mislaid in Michigan by John Norwood, University of Arkansas and Lara Kessler , Grand Valley State University 3. An Analysis of the Structure and Use of Real Estate Foundations and Their Future Impact Upon Their Institutions and Charitable Organizations by Jason Malone and Kevin Sullivan, Virginia Tech 4. An Empirical Look at Residential Leases: An Outline and Proposal by Robert Bennett, Butler University 15 Day-by-Day Schedule Sat, 8/10 M Academic Sessions (M1 – M7) 3:10 PM – 4:30 PM Locations Panel Copley Session M1 Perspectives on Measuring the Value and Impact of Legal Research Lucien Dhooge, Georgia Institute of Technology (Chair) Robert Bird, University of Connecticut Daniel Cahoy, Penn State University Robert Prentice, University of Texas Session M2 Student Session State Suite A Moderator: Michael A. Katz, Delaware State University 1. The Effects of the PPAC on Small and Medium-Sized American Businesses by Vivian Lacayo, Georgia Institute of Technology (Sponsor: Karie Davis-Nozemack) 2. Machine Based Gambling: Do I Win the Lottery or Spin the Wheels Each Time I Play by Carlin McCrory, Florida State University (Sponsor: Darren Prum) 3. Current and Future Development on Trademark Law in China by AnZhi Zhang, University of St. Thomas (Sponsor: Susan Marsnik) Session M3 Development Track: Regulatory and Consumer Law Back Bay Moderator: Melanie Williams, California State University, Northridge 1. The Ties That Bind: Historical Market Crashes as Legal History and Regulatory Policy by Lydie Cabrera PierreLouis, University of San Francisco 2. Assisted Living or Unassisted Existence: The Lack of Consistent Regulation Across the United States by Linda Christiansen, Indiana University Southeast and Joanie Sompayrac, University of Tennessee Chattanooga 3. What the FICO? The Leveraging of American Consumers by Laurie Lucas, Oklahoma State University 4. The IRS Whistleblowing Act: Room for Improvement by Denise Farag, Linfield College Session M4 Corporate Governance and Antitrust Venetian Moderator: Eric Yordy, Northern Arizona University 1. Corporate Governance as Stakeholder Coordination by Schan Duff, University of Pennsylvania 2. The Ex-Officio Conundrum in Corporate Governance by Salar Ghahramani, Penn State University 3. Inequitable Conduct and Walker Process Claims After Therasense and the American Invents Act by Gideon Mark and Leigh Anenson, University of Maryland 4. Antitrust and Product Strategy: A Conceptualization for Managers by Ross Petty, Babson College Session M5 Development Track: Pedagogy State Suite B Moderator: David Zaring, University of Pennsylvania 1. Teaching Use of ADR by William Greenhaw, University of Arkansas 2. 23 Chromosomes in Class by Pam Gershuny, Southeast Missouri State University 3. Universal Design for Learning: More than Making Reasonable Accommodations by Ida Jones, California State University, Fresno 4. Extended Warranties, the Ultimate Protection or the Ultimate Money Maker: A Proposed Statute by David Missirian, Bentley University 16 Day-by-Day Schedule Session M6 Sat, 8/10 Development Track: Ethics & CSR Forum Moderator: James Highsmith, California State University, Fresno 1. From Social License to Operate to Legal License to Operate: A Survey of Corporate Non-Financial Reporting as a Condition of Stock Exchange Listing by Ruth Jebe, University of Denver 2. Institutional Review Boards in Business Schools: A Role for LEB and Business Law Faculty by Williams Wiggins, Bentley University 3. Teaching Ethics: Imbedded, Stand Alone and What Help from GenEd? by Mark Usry and Monica Favia, Bloomsburg University of Pennsylvania 4. What Can “The Parable of the Sadhu” Teach Us 30 Years Later by Josh Perry, Indiana University Session M7 Development Track: Employment / Labor Law Singleton Moderator: Vincent Carrafiello, University of Connecticut 1. Are Nation of Origin Based Wage Differentials a Violation of Acceptable International Labor Standards? A Review of Labor Practices in the Arabian Gulf Arab States by John Matejkovic and Margaret Matejkovic, University of Akron 2. Evolution in Jurisprudence: UK Unfair Dismissal Law Challenges Outdated Precedents by Tor Brodtkorb, American University of Sharjah 3. Genetic Testing and Legal Consequences by Megan Mowrey, Clemson University 4. How Do We Define Implicit Bias? by Natalie Pedersen, Drexel University 17 18 MAP OF MEETING ROOMS