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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)]