2017 Proceedings

2017 National Proceedings

 Selected Refereed Papers Delivered at the 2017 ALSB Annual Conference
Savannah, Georgia


 Editor’s Forward

The 92nd annual meeting of the Academy of Legal Studies in Business was held in August, 2017, in Savannah, Georgia. 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:
Silencing Whistleblowers by Contract by Jennifer Pacella

Distinguished Proceedings Papers:
Judicial Approval of FLSA Back Wages Settlement Agreements by Keith Diener

Suppressed Anger, Retaliation Doctrine, and Workplace Culture by Leora Eisenstadt

Laws Affecting Work-Related Monitoring: Mostly Outdated, Often Ineffective, and Definitely Not Normative by Robert Sprague

Don’t Ask, Don’t Tell: Corporate Crime by Josephine Sandler Nelson

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.

2017 Ernie King Best Reviewer Award: Elizabeth Brown, University of Wisconsin, LaCrosse.

I am deeply grateful to the many reviewers for the 2017 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
2017 ALSB Proceedings Editor


2017 Proceedings Reviewers

Steven Abraham, SUNY Oswego

Justin Blount, Austin State University

Karen Bogue, South University

Tequila Brooks, George Washington University

Elizabeth Brown, University of Wisconsin-LaCrosse

Larry Bumgardner, Pepperdine University

Kabrina Chang, Boston University

Emmanuel M. Chijioke, Talladega College

Karie Davis-Nozemack, Georgia Tech

Melissa DeFrench, LexisNexis

Jean Didier, St. Johns University

Karen Druffel, Framingham State University

Jehan Eljourbagy, Georgia College & State University

Ralph Flick, Pacific Lutheran University

Michelle Grimstead, University of Oklahoma

Lori Harris-Ransom, Caldwell University

Richard Hunter, Seton Hall University

Marian Jennings, College of Business DIT

Bruce Klaw, University of Denver

Tanya Marcum, Bradley University

William McDevitt, St. Joseph’s University

Elizabeth McVicker, Metropolitan State University

Tobias Mendelson, University of Alabama-Huntsville

David Mondaldo, University of Houston

Barry Morinaka, Law Offices of Barry Morinaka

Karen Myers, Miami University of Ohio

John Norwood, University of Arkansas

Paula O’Callaghan, University of Maryland, University College

Susan O’Sullivan, Rider University

Susan Park, Boise State University

Steven Palmer, Northwestern Oklahoma State University

Suzanne Palmer, Albright College

Ross Petty, Babson College

Matt Phillips, Wake Forest University

Virginia Rich, Caldwell College

Stephenie Sipe, Georgia Southern University

Jennifer Thor, Oakland University

Jeffrey Todd, Texas State University

Nancy White, Central Michigan University

Dexter Woods, Ohio Northern University

Melissa Wight, University of Scranton

Eric Yordy, Northern Arizona University

Alexandra Zykestra, George Mason University


Index of Papers

A Free Ride: Data Brokers’ Rent-Seeking Behavior and the Future of Data Inequality by Laura Palk and Krishnamurty Muralidhar

A Legal and Statistical Examination of Spectator Injury Risk at Major League Baseball Games by Zack Flagel (Student Submission)

Advisory Nonpreemption by Sarah Light

An Environmental Approach to Union Decline by Steven Popejoy and Deni Oas

Applying the Fraud Triangle to Higher Education: Ethical Implications by Debra Burke and Ken Sanney

“Caught in the Middle” Corporate Corruption Abroad: A Comparison of French and American Law and Practices by Fred Einbinder

Compensation for Per Diem Court Interpreters: A Road Block at the Intersection of Employer Classification and Sovereign Immunity by Franklyn Salimbene

“Declinations with Disgorgement” in FCPA Enforcement by Karen Woody

Don’t Ask, Don’t Tell Corporate Crime by Josephine Sandler Nelson

Emoluments and Implications from Conflict of Interest Laws and Private Sector Fiduciary Duty by Don Mayer and Adam Sulkowski

Financial Assurance: Environmental Protection as a Cost of Doing Business by Jason Malone and Tim Winslow

Fitness Versus Fact: Fitbit’s Struggle with Alleged Consumer Fraud by Monroe Molesky (Student Submission)

Fostering Nascent Recognition for Human Rights Within ESG by Kevin McGarry

Get Real: Organic Marketing Under USDA’s Proposed Promotion & Research Agreement by Rita-Marie Cain Reid

How Much is “Substantial Evidence” and How Big is a “Significant Gap”? The Telecommunications Attorney Full Employment Act by Susan Martin

Judicial Approval of FLSA Back Wages Settlement Agreements by Keith Diener

Laws Affecting Work-Related Monitoring: Mostly Outdated, Often Ineffective, and Definitely Not Normative by Robert Sprague

Livent or “Dead Event”? A Primer on Livent v Deloitte & Touche and What to Expect from the Supreme Court of Canada by Shelley McGill

Mutating Marks: Refusing to Lose the Trademark Trail by Robert Emerson and Katharine Collins (See SSRN Link)

Nudging Corporate Compliance by Todd Haugh

Platform Advocacy and the Threat to Democracy by Abbey Stemler

Public Choice Theory, the Constitution, and Public Understanding of the Copyright System by Mike Schuster

Redefining Corporate Social Responsibility in an Era of Globalization and Regulatory Hardening by Inara Scott and Gerlinde Berger-Walliser

Sanctuary Corporations: Should Liberal Corporations Get Religion? by Inara Scott and Liz Brown

Silencing Whistleblowers by Contract by Jennifer Pacella

Suppressed Anger, Retaliation Doctrine, and Workplace Culture by Leora Eisenstadt and Deanna Geddes

Thanks for the Memories: Compensating Franchisee Goodwill after Franchise Termination by Robert Emerson (See SSRN Link)

The Yates Memorandum by Gideon Mark

Toward a Unified Theory of Materiality in Securities Law by Kurt Schulzke and Gerlinde Berger-Walliser

Tribunalizing Sovereign Debt: Argentina’s Experience with Investor-State Dispute Settlement by Stephen Park and Tim Samples

Trumping the Environment: The First 100 Days – A Lump of Coal by Carol Miller

Using Legal Knowledge to Innovate in VUCA Environments by Robert Bird



[Cite as:  48 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2017)]