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 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.
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)]