2014 ALSB National Proceedings
Selected Refereed Papers Delivered at the 2014 ALSB Annual Conference in Seattle, Washington
Editor’s Forward
The 89th annual meeting of the Academy of Legal Studies in Business was held in August 2014 in Seattle, Washington. 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: Selling Privacy by Patricia Sanchez Abril
Distinguished Proceedings Papers:
Privacy Implications of Big Data and Predictive Analytics by Robert Sprague
Bankruptcy Reform’s Impact on Access to Bankruptcy’s “Fresh Start” Policy: Reforms Needed to Restore Access to Justice by Robert J. Landry, III and David W. Read
Franchise Terminations: “Good Cause” Decoded by Robert W. Emerson
Student Papers:
Foul Ball: Major League Baseball’s CBA Exploits College Seniors in the MLB Draft by Jonathan C. Gordon
Net Neutrality: Restoring the Balance by John D. Bullock
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 the most significant contribution to enhancing the quality of the paper reviewed.
2014 Ernie King Best Reviewer Award: Karie Davis-Nozemack, Georgia Tech
I am deeply grateful to all of the reviewers for the 2014 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
2014 ALSB Proceedings Editor
2014 Proceedings Reviewers
Benjamin Atkins, Georgia Gwinnet College
Victor Bongard, Indiana University
Larry Bumgardner, Pepperdine University
Corey Ciocchetti, University of Denver
Tammy Cowart, University of Texas at Tyler
Laura Davis, Bloomsburg University
Karie Davis-Nozemack, Georgia Tech
Keith Deiner, George Washington University Law School
Gail Evans, University of Houston
Hilary Goldberg, California State University, Northridge
Lori Harris-Ransom, Caldwell University
David Hess, University of Michigan
James Holloway, East Carolina University
Richard Hunter, Seton Hall University
John Katsos, American University of Sharjah
Katherine Kisska-Schulze, North Carolina A&T State University
Leila Lawlor, Georgia Perimeter College
Bill Livingston, Baker College
Lucas Loafman, Texas A&M University, Central Texas
Keri Lucas, Marshall University
Marvin Ludlum, University of Central Oklahoma
Steven Maier, California State University, Northridge
Bashar Malkawi, University of Sharjah
Tanya Marcum, Bradley University
William Mawer, Southeastern Oklahoma State University
Jim Morgan, California State University, Chico
Dana Muir, University of Michigan
John Norwood, University of Arkansas
Sherry Olson, Kaplan University
Suzanne Palmer, Albright College
Aaron Pennington, York College of Pennsylvania
Evan Peterson, University of Detroit mercy
Evaluez Cotto Quijano, University of Puerto Rico
Virginia Rich, Caldwell College
David Schein, University of St. Thomas
Elizabeth Schneider, Keystone College
Kurt Schulzke, Kennesaw State University
Inara Scott, Oregon State University
Amy Sepinwall, University of Pennsylvania
Dawn Swink, University of St. Thomas
Dale Thompson, University of St. Thomas
Jennifer Thor, Oakland University
Gregory Voss, Toulouse Business School
Mary Ellen Wells, Alvernia University
John Wendt, University of St. Thomas
Anna Whitby, Park University
Index of Papers
Bad And-Not-So-Bad Arguments Against Shareholder Primacy by Ian Maitland.
Bankruptcy Reform’s Impact on Access to Bankruptcy’s “Fresh Start” Policy: Reforms Needed to Restore Access to Justice by Robert J. Landry, III and David W. Read.
Being Honest About Tenure in the United States: The Need for Tenure System Reform Within Institutions of Higher Education by Arthur Gross-Schaefer, Sona Gala, Jillian Jaccard, Luke Vetter.
Beyond Compliance: Sustainable Development, Business, and Proactive Law by Gerlinde Berger-Walliser & Paul Shrivastava.
Causation in Context by Leora F. Eisenstadt.
Certification Marks as Private Employment Regulation by Jamie Darin Prenkert.
Compliance Officers: More Jobs, More Responsibility, More Liability by Susan Lorde Martin.
Corporate Conspiracy: How Not Calling a Conspiracy a Conspiracy is Warping the Law on Corporate Wrongdoing by J.S. Nelson.
Covenants Not to Compete in Employment Contracts: Worth a Closer Look in the Classroom by Tonia Hap Murphy.
Fighting Corruption in the Caribbean Basin by Cindy A. Schipani.
Foul Ball: Major League Baseball’s CBA Exploits College Seniors in the MLB Draft by Jonathan C. Gordon (Student Paper).
Franchise Terminations: “Good Cause” Decoded by Robert W. Emerson.
Franchises as Moral Rights by Robert W. Emerson.
Franchising Constructive Termination: Quirk, Quagmire or a French Solution by Robert W. Emerson.
Grand Canyon Skywalk: Views of Law and Ethics by Debra D. Burke and Lorrie Willey.
Holding Corporate Officers Strictly Liable Under Patent and Copyright Law by Lynda J. Oswald.
Judges as Guardian Angels: The German Practice of Hints and Feedback by Robert W. Emerson.
Maori Acumen: Talking Business and Talking Culture in an Indigenously Owned Corporation by Gwendolyn Gordon.
Net Neutrality: Restoring the Balance by John D. Bullock (Student Paper).
One Hundred Years of Privacy Law: A Latent Semantic Analysis by Robert Sprague, Kevin Grauberger, and Nicole Barberis.
Pre-dispute Mandatory Arbitration Clauses – The Not So Secret Weapon of “Class” Destruction by Shelley McGill.
Precarious Work: The Need for Flextime Employment Rights and Proposals for Reform by Robert C. Bird.
Privacy Implications of Big Data and Predictive Analytics by Robert Sprague.
Putting a Gag on Farm Whistleblowers: Food Safety and Free Speech Confront State Agricultural Protectionism by Rita-Marie Cain Reid & Amber Kingery.
Regulating Professional Sports Leagues by Nathaniel Grow.
Selling Privacy by Patricia Sanchez Abril.
Sustainability Reporting By Cities: As a Securities Law Exemption Erodes, A Nascent Obligation Arises by Adam J. Sulkowski.
The “Deeply Toxic” Damage Caused by the Abolition of Mandatory Retirement and Its Collision with Tenure in Higher Education: A Proposal for Statutory Repair by Beverley Earle and Marianne DelPo Kulow.
The Dilemma of Private Justice Systems: Big Data Sources, The Cloud and Predictive Analytics by Anjanette H. Raymond.
The EEOC’s Duty to Conciliate Before Filing Suit by Stephanie Greene & Christine Neylon O’Brien.
The GSK Bribery Scandal in China: Corporate Governance Failures of Multinational Corporations by Cindy A. Schipani, Junhai Liu, and Haiyan Xu.
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 F. Brown.
The Importance of Self-Efficacy in Ethical Education for Business Undergraduates by James S. Welch, Jr.
The Lure of Tax Revenue from Recreational Marijuana: At what Price? by Mystica M. Alexander and William P. Wiggins.
Too Big to Fail: How to Limit the Future Fallout by Cris de la Torre and Rutilio Martinez.
University Disciplinary Hearings: A Miscarriage of Justice by Daniel Herron and Daniel Haughey.
Workforce Information Forcing by Charlotte Alexander.
[Cite as: 45 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2014)]