2013 ALSB National Proceedings
Selected Refereed Papers Delivered at the 2013 ALSB Annual Conference in Boston, Massachusetts
Editor’s Forward
The 88th annual meeting of the Academy of Legal Studies in Business was held in August 2013 in Boston, Massachusetts. The papers published in these Proceedings were double blind reviewed by members of the Academy. Papers were recommended for publication based on the quality of the research and the relevance of the topic to the substantive areas or pedagogy of business law or legal studies.
Several papers merit special mention:
Outstanding Proceedings Paper: Conflict Minerals and Polycentric Governance of Business and Human Rights by Jamie Darin Prenkert.
Distinguished Proceedings Paper: Protecting Employee Rights and Prosecuting Corporate Crimes: A Proposal for Criminal Cumis Counsel by Josephine Nelson and Richard Parry.
Distinguished Proceedings Paper: Transitioning a River Outfitter to the Next Generation by Debra Burke and Carroll Brown.
Distinguished Proceedings Paper: Governing the Final Frontier: A polycentric Approach to Managing Space Weaponization and Debris by Scott Shackelford.
The Ernie King Best Reviewer Award was established in honor of Ernest W. King, long time Proceedings Editor and beloved colleague of many members of the Academy. This award is given to the reviewer whose work made a significant contribution to enhancing the quality of the paper reviewed.
The 2013 Ernie King Best Reviewer Award: Seletha Butler, Georgia Tech
I am deeply grateful to all of the reviewers for the 2013 ALSB Proceedings. Your time, your thoughtful comments and your good judgment make the Proceedings better every year. Your service to the Proceedings and to the authors is greatly appreciated by me and by all of your colleagues in the Academy.
Best Regards,
Ronnie Cohen, J.D., LL.M.
Christopher Newport University
Newport News, VA
2013 ALSB Proceedings Editor
2013 Proceedings Reviewers
Mystica Alexander, Bentley University
Eliot Axelrod, Baruh College, CUNY
Gerlinde Berger- Walliser, University of Connecticut
Kay Biga, University of Wisconsin-Superior
Justin Blount, Stephen F. Austin State University
Andrea Boggio, Bryant College
Marvin Odell Brown, Salisbury University
Larry Bumgardner, Pepperdine University
Seletha Butler, Georgia Tech
Thomas Cavenagh, North Central College
Kabrina Chang, Boston University
Emmanuel Chijioke, Stillman College
Tracy Cole, Arkansas Tech University
Tammy Cowart, University of Texas at Tyler
Lara Daniel, Middle Tennessee State University
Karie Davis-Nozemack, Georgia Tech
Laura M. Davis, Bloomsburg University
Keith Diener, George Washington University
Dennis Garvis, Washington & Lee University
Cynthia Gentile, Pierce College
Lori Harris–Ransom, Caldwell College
James Holloway, East Carolina University
Richard Hunter, Seton Hall University
Roger Jordan, Baker College of Flint
William Karazsia, George Washington University
John Katsos, American University in Dubai
Katherine Kisska-Schulze, North Carolina A&T State University
Lora Koretz, Arizona State University
Lucas Loafman, Texas A&M University-Central Texas
William T. Mawer, Southeastern Oklahoma State University
MarySheila E. McDonald, LaSalle University
Kevin McGarry, Texas Wesleyan University
Philip Nichols, University of Pennsylvania
Paula O’Callaghan, University of Maryland University College
Michael O’Hara, University of Nebraska at Omaha
Susan O’Sullivan-Gavin, Rider University
Suzanne Palmer, Albright College
Susan Park, Boise State University
Aaron Pennington, York College of Pennsylvania
Josh Perry, Indiana University
Nancy Graber Pidgeon, Central Washington University
Evaluz Cotto Quijano, University of Puerto Rico
Mary RauFoster, Belmont University
Gastón de los Reyes, Jr., University of Pennsylvania
Supriya Sarnakar, Westfield State College
Ashley Schieck, Tarleton State University
Inara Scott, Oregon State University
Bill Shaw, University of Texas
Denise Smith, Eastern Illinois University
Ira Sprotzer, Rider University
Abbey Stemler, Indiana University
Greg Tapis, Augustana College
Jennifer Thor, Oakland University
Gregory Voss, Toulouse Business School
Donald K. Wedding, University of Toledo
John T. Wendt, University of St. Thomas
Kelly Collins Woodford, University of South Alabama
Index of Papers
Collaborative Critical Thinking Exercises for Business Law Students by Lynn M. Forsythe, Ida M. Jones, and Deborah J. Kemp.
Combating Corruption to Respect Human Rights: Understanding the Ethical Responsibilities of Corporations by Norman Bishara and David Hess.
Conflict Minerals and Polycentric Governance of Business and Human Rights by Jamie Darin Prenkert.
Ethics and Employment Law Challenge by Ilse Hawkins.
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.
First Amendment Concerns in Off-Label Promotion: Science v. Marketing by Stephanie Greene.
Fortune Favors the Franchisor: Survey and Analysis of the Franchisee’s Decision Whether to Hire Counsel by Robert W. Emerson.
Franchise Savoir-Faire: Clueless in America? by Robert W. Emerson.
From Conjecture to Hypothesis: Undertaking an Empirical Study of Disputes and Disputants in the People’s Court by Shelley McGill.
Governing the Final Frontier: A Polycentric Approach to Managing Space Weaponization and Debris by Scott Shackelford.
Hypothetical Efficiency is not Grounds for Breach by Daniel Isaacs.
Inequitable Conduct and Walker Process Claims After Therasense and the American Invest Act by Gideon Mark and T. Leigh Anenson.
Joint Patent Infringement Following Akamai by Nathaniel Grow.
Life Settlements: Legal Gambling, Property Rights, and Freedom to Contract are Insufficient Reasons to Prevert the Purpose of Life Insurance by Susan Lorde Martin.
Monsters, Incorporated: Why Corporations Aren’t Persons and Why We Shouldn’t Care Anyway by Amy Sepinwall.
Protecting Employee Rights and Prosecuting Corporate Crime: A Proposal for Criminal Cumis Counsel by Josephine Sandler Nelson and Richard O. Parry.
Reconciling Capitalism and Democracy by Daniel Herron.
Reforming Public Pensions by T. Leigh Anenson, Alex Slabaugh, and Karen Eilers Lahey.
Regulatory/Political Climate, Education, Income, Sustainability & Company Headquarter Locations: What Connection Exists, How to Interpret It & Next Steps for Business Law Scholarship by Kyle Potvin, Amie Tailor, and Adam Sulkowski.
Religiosity and Consumer Bankruptcy: A State-Level Analysis by David Read and Robert Landry.
Social Media Privacy: What’s in a Password? Rights and Protection by Elizabeth A. Cameron, Dawn Swink, Kelsey Blades, and Mason Molesky.
The Top Ten NLRB Cases on Facebook Firings and Employer Social Media Policies by Christine Neylon O’Brien.
Toward Cyber Peace: Managing Cyberattacks Through Polycentric Governance by Scott Shackelford.
Transitioning a River Outfitter to the Next Generation by Debra D. Burke and Carroll A. Brown.
Wind Farms: Remedy for Dependence on Fossil Fuels or New Threat to the Environment? by Sharlene A. McEvoy.
You Ain’t No Friend of Mine: A Review and Analysis of Legislation Prohibiting Employees from Demanding Access to Employee’s and Job Applicants’ Social Media Accounts by Robert Sprague.
[Cite as: 44 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2013)]