2015 Proceedings

2015 National Proceedings

 Selected Refereed Papers Delivered at the 2015 ALSB Annual Conference
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

Special thanks go to Shelly Whitmer, University of Michigan, for her invaluable assistance in preparing these Proceedings for publication. Shelly has cheerfully supported the authors, reviewers and me throughout this process.

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 (See SSRN Link)

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 (See SSRN Link)

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 and Marianne DelPo Kulow

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)]