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2015 ALSB National Proceedings

Selected Refereed Papers Delivered at the 2015 ALSB Annual Conference in Philadelphia, Pennsylvania

Editor’s Forward

The 90th annual meeting of the Academy of Legal Studies in Business was held in August 2015 in Philadelphia, PA. 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:

The Corporate Conspiracy Vacuum by Josephine Nelson

Distinguished Proceedings Papers:

The Business of Laying Hens, California’s Groundbreaking Law Goes into Effect on Animal Confinement by Valerie Watnick 

Misclassification and Antidiscrimination by Charlotte Alexander

Thwarting the Structural and Individualized Issues of Mediation, The Formalized Reflective Approach by Keith Diener and Shazia Rehman Khan

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.

2015 Ernie King Best Reviewer Award: Jean Didier, College of Saint Benedict/Saint John’s University

I am deeply grateful to the many reviewers for the 2015 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
2015 ALSB Proceedings Editor

2015 Proceedings Reviewers

Gerlinde Berger-Walliser, University of Connecticut

Justin R. Blount, Stephen Austin State University

Karin L. Bogue, South University

Robert Breitenbach, Metro State University

Liz Brown, Bentley University

Larry Bumgardner, Pepperdine University

Karie Davis-Nozemack, Georgia Tech

William DeFoe, Western Connecticut State University

Jean Didier, St. John’s University

Chase J. Edwards, University of Louisiana, Lafayette

Judy Gedge, Quinnipiac University

Bob Hirth, High Point University

James Holloway, East Carolina University

Richard Hunter, Seton Hall University

Whitney Johnson, St. Cloud State University

Bill Karazsia, George Washing University

John Kastos, American University of Sharjah

Bill Livingston, Baker College Center for Graduate Studies

Lucas W. Loafman, Texas A & M University, Central Texas

Thomas Madden, Northeastern University

Gideon Mark, University of Maryland

Keith A. Maxwell, University of Puget Sound

William McDevitt, St. Joseph’s University

Jim Morgan, California State University, Chico

Tonia Murphy, University of Notre Dame

Paula O’Callaghan, University of Maryland-University College

Michael O’Hara, University of Nebraska, Omaha

Laura M. Palk, University of Oklahoma

Suzanne Palmer, Albright College

Victor Parker, University of North Georgia

Patricia Pattison, Texas State University

Evan Peterson, University of Detroit Mercy

Elizabeth Powers, Santa Clara University

Jamie Darin Prenkert, Indiana University

Matt Roessing, Georgia College and State University

David Rosenberg, Baruch College

Paul Savouth, Monmouth University

David Schein, University of St. Thomas

Mike Schuster, Oklahoma State University

Cherie Ann Sherman, Ramapo College of New Jersey

Kathryn Kisska-Schulze, North Carolina A&T University

Doug Smith, Marquette University

Abbey Stemler, Indiana University

Jeffrey A. Todd, Texas State University

Lawrence J. Trautman

Amy Klemm Verbos, University of Wisconsin, Whitewater

Kelly Woodford, University of South Alabama

Melissa A. Wright, University of Scranton

Index of Papers

A Roadmap to the use of EB-5 Capital: An Alternative Financing Tool for Commercial Real Estate Projects by Jeanne Calderon and Gary Friedland.

Achieving a Global Consensus on Social Enterprise: Understanding Government’s Vital Role by Mystica M. Alexander.

An International Model for Vicarious Liability in Franchising by Robert W. Emerson.

Antitrust and Socially Responsible Collaboration: A Chilling Combination? by Inara Scott.

Benefit Corporations and Implications for Employee Welfare by Norman D. Bishara.

Big Data and Social Netbanks: Are You Ready to Replace Your Bank? by Nizan Geslevich-Packin and Yafit Lev-Aretz.

Closing the Joint Patent Infringement Loophole by Nathaniel Grow.

Closing the Laches: Does the Split Decision in the “Raging Bull” Case Finally Bring Some Consistency to the Doctrine of Laches in Copyright Infringement Cases? by James S. Welch.

Conscience and Complicity: Assessing Pleas for Religious Exemptions in Hobby Lobby’s Wake by Amy J. Sepinwall.

Continuing Professional Ethics Education for CPAS: Goals and Teaching Approaches by Arthur Gross-Schaefer and Lawrence Kalbers.

Corporate Criminal Prosecutions and the Exclusionary Rule by Robert E. Wagner.

Corporate Culture and Corporate Compliance Programs: Towards an Understanding of an Organization’s Ethical Infrastructure by David Hess.

Fairness and Legality in Income Taxation: Global Tax Shelters, Legal Pragmatism, and the Ethics of Interpretation by Daniel T. Ostas and Axel Hilling.

Fit to Work: Improving the Security of Monitored Employees’ Health Data by Elizabeth A. Brown.

Franchise Independence: Awaiting Public Recognition by Robert W. Emerson.

Franchise Marks: International Trademark Registration Costs and Consequences by Robert W. Emerson and Catherine R. Willis.

Kill the Monster: Promissory Estoppel as an Independent Cause of Action by Susan Lorde Martin.

Making Service-Learning Work for Undergraduate Business Law Education: Issues and Answers by Franklyn Salimbene.

Misclassification and Antidiscrimination by Charlotte Alexander.

Mistakes, Airfares, and Consumers: Restoring the Department of Transportation’s Role in Regulating Unfair Trade Practices by Terence Lau.

The Business and Ethics of Laying Hens: California’s Groundbreaking Law Goes into Effect on Animal Confinement by Valerie Watnick.

The Chicken and the Egg – Animal Welfare, Food Safety and Federalism by Rita Cain Reid.

The Corporate Conspiracy Vacuum by Josephine Nelson.

The Franchise Relationship and Alleged Discrimination in Contract Terms or Enforcement: Ruminations on “Similarly Situated” Franchisees, Analogous Federal Law, and Other Concepts by Robert W. Emerson.

The Intersection of Employee Rights Guaranteed by the Americans with Disabilities Act and Employer Benefits Promised by Health Incentives: Corporate Wellness Programs at a Crossroads and Companies in the Cross Hairs by Carolyn Plump.

The Mystery of Declinations Under the Foreign Corrupt Practices Act (FCPA): A Proposal to Incentivize Compliance by Beverley Earle and Anita Cava.

The Story of Law and Entrepreneurship: Disruption Frames and Creative Destruction by Jack Wroldsen.

The Unintended Consequences of Ineffective Public Policies: Increasing Auto Sales by Restricting Traffic by Kevin J. Fandl.

Thwarting the Structural and Individualized Issues of Mediation: The Formalized Reflective Approach by Keith William Diener and Shazia Rehman Khan.

Trading Securities on the Basis of Nonpublic Information: Why U.S. Law Allows Cheating to go Unpunished Why Now is the Time for a Statute Based on the “Equal Access” Theory by Bruce W. Klaw.

Worker (Mis)Classification in the Sharing Economy: Square Pegs Trying to Fit in Round Holes by Robert Sprague.

[Cite as:  46 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2015)]