Volume 3 Mustang Journal of Law and Legal Studies (2012)
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Volume 3 Mustang Journal of Law and Legal Studies (2012) MUSTANG JOURNAL OF LAW AND LEGAL STUDIES VOLUME 3 (2012) EDITOR-IN-CHIEF William T. (Will) Mawer Dean, School of Education and Behavioral Sciences Southeastern Oklahoma State University SENIOR ADVISORY EDITOR Marty Ludlum Assistant Professor of Legal Studies College of Business University of Central Oklahoma The Mustang Journal of Law and Legal Studies is an Official publication of Mustang Journals, Inc., PO Box 2193, Edmond OK 73083 www.MustangJournals.com Print ISSN: 1949-1751 Online ISSN: 1949-1743 Listed in: Cabell’s Directory Copyright to the contests of the articles published herein is retained by the respective authors. Copyright to the design, format, logo and other aspects of this publication is claimed by the Mustang Journals, Inc. The views expressed herein are to be attributed to the authors and not to this publication, Mustang Journals, Inc., its officer, the editors, or any named college or university. The material appearing in this publication are for information purpose only and should not be considered legal advice or be used as such. For a specific legal opinion readers must confer with their own legal counsel. 1 Volume 3 Mustang Journal of Law and Legal Studies (2012) 2 Volume 3 Mustang Journal of Law and Legal Studies (2012) From the desk of the Editor-in-Chief. This is the third volume of the Mustang Journal of Law and Legal Studies, an official publication of Mustang Journals, Inc. The Journal is being published in hardcopy and electronically on the Mustang Journal’s web page at http://www.MustangJournals.com. All articles that appear in this volume of the Mustang Journal of Law and Legal Studies have been recommended for publication by the Reviewers/Advisory Editors, using a double, blind peer review process. A personal thanks is extended to the Reviewers/Advisory Editors for all their hard work and dedication to the Journal. Without their work, the publication of this Journal would be impossible. This is my second year as Editor-in-Chief, and I wish to express my sincere thanks and appreciation for all the support, encouragement, assistance and advice throughout this year. I would like to further express appreciation to Marty Ludlum of the University of Central Oklahoma, for his efforts in coordinating the entire process. The publishing of this journal is an intense educational experience which I continue to enjoy. Congratulations to all our authors. I extend a hearty invitation to submit your manuscripts for the future issues of Mustang Journals. To further the objectives of Mustang Journals, Inc., all comments, critiques, or criticisms would be greatly appreciated. Again, thanks to all the authors for allowing me the opportunity to serve you as editor-in-chief of the Journal. William Mawer Editor-in-Chief Mustang Journal of Law and Legal Studies www.MustangJournals.com 3 Volume 3 Mustang Journal of Law and Legal Studies (2012) 4 Volume 3 Mustang Journal of Law and Legal Studies (2012) Our Advisory Editors Mustang Journals could not exist without the hard work and timely effort of our peer reviewers. Mustang Journals is seeking scholars willing to volunteer. Mustang Journals recognizes the importance of the peer review process in shaping the reputation and credibility of the journal and the individual papers. Reviewers will be expected to review no more than three papers a year. If you would like to become a peer reviewer, please contact us at [email protected] Mustang Journals wishes to thank our Peer Reviewers. Dr. Jennifer Barger-Johnson, Legal Studies, U. of Central Oklahoma Dr. Linda Barton, Marketing, Brenau U. (GA) Roger Chao, Ethics, Curtin University, Australia. Dr. Michael D. Chatham, Accounting, Radford University Steven I-Shuo Chen, Business & Management, National Chiao Tung U., Taiwan. Dr. Wanda J. Corner, Management, Walden U. (GA) Dr. Shivakumar Deene, Business Studies, Central U. of Karnataka, India Dr. Aikyna Delores Finch, Management, Strayer U. (CA) Dr. Darrell Ford, Legal Studies, University of Central Oklahoma Dr. P. Ganesan, Marketing, Mburabuturo School of Finance & Banking, Rwanda Dr. Andrew S. Griffith, Accounting, Iona College, New York. Dr. David Hartmann, ISOM, University of Central Oklahoma Dr. Randal Ice, Finance, University of Central Oklahoma Z.E. Jeelani, Business Studies, Islamic U. of Science & Technology, India. Dr. Stellina Jolly, Legal Studies, Punjab University, India. Dr. Stuart MacDonald, Legal Studies, University of Central Oklahoma Michael Machiorlatti, Economics, Oklahoma City Community College 5 Volume 3 Mustang Journal of Law and Legal Studies (2012) Dr. Bashar H. Malkawi, Intl. Trade Law, Hashemite U., Jordan Dr. William Mawer, Dean, School of Education & Social Sciences, Southeast Oklahoma State University. Dr. Ngboawaji Daniel Nte, Rivers State U. of Education, Nigeria. Mohammad Nurunnabi, Accounting, Edge Hill University, UK. Dr. William L. Quisenberry, Management, Ottawa U. (KS). Vijayan Ramachandran, Management, Oklahoma City Community College Dr. Suresh Reddy, Management, Vivekananda C. of Comp. Sciences, India Dr. David Ritter, Business Law, Texas A & M - Central Texas Amir Mohammad Sayem, Research Methods, Bangladesh Institute of Social Research Karen Sneary, Business, Northwest Oklahoma State University. Dr. Cathy Taylor, Management, Park University, Missouri Dr. Lee Tyner, Management, University of Central Oklahoma Dr. L. Vijayashree, Dept. of MBA, PES School of Engineering, Bangalore Dr. Zulnaidi Yaacob, Management, University Sains Malaysia. If you are interested in serving as an Advisory Editor, please contact us at [email protected] 6 Volume 3 Mustang Journal of Law and Legal Studies (2012) 7 Volume 3 Mustang Journal of Law and Legal Studies (2012) Table of Contents Mustang Journal of Law and Legal Studies Volume 3 (2012) Title . 1 Editor’s Notes . 3 Advisory Editors . 5-6 Table of Contents . 8 Employment Discrimination: An Empirical Study of Individuals’ Reactions to Offensive Workplace Conduct Alix Valenti and Lisa Burke . 10 Artists “Under Pressure”: Copyright Issues in Popular Music Katrin C. Varner and Eric V. Varner . 31 Attention Deficit Disorder And Attention Deficit Hyperactivity Disorder: Their Impact On American Law Schools As Organizations And On Administration’s Policy Formulation To “Reasonably Accommodate” Law Students According To Applicable Federal And Case Law Randall Robbins and Simpson Goodman . 43 The Effect Legal Representatives have on their Client’s Perceptions of Procedural Justice and Expected Outcome in Mediation Kevin Farmer . 56 Tipping the Scale of Equity: Police Entry Clifford Fisher and Erik Lisak . 75 Media Law and Ethics: An Examination of the Tort of Defamation Under Nigerian Law applying the Common Law Perspective Michael C. Oqwezzy . 83 Public Employee Pensions and Social Security: You may not be able to get both Deborah Combs and Kitty Campbell . 103 Does Better Corporate Governance and Legal Framework Result in Ethical Behaviour of Firms in Emerging markets? An Examination using Partial Least Square Estimation S. Sreejesh . 112 Announcements for Mustang Journals and Conferences . 131 8 Volume 3 Mustang Journal of Law and Legal Studies (2012) 9 Volume 3 Mustang Journal of Law and Legal Studies (2012) EMPLOYMENT DISCRIMINATION: AN EMPIRICAL STUDY OF INDIVIDUALS’ REACTIONS TO OFFENSIVE WORKPLACE CONDUCT Alix Valenti University of Houston-Clear Lake [email protected] Lisa Burke University of Tennessee at Chattanooga [email protected] Abstract The purpose of our study was to determine, in employment cases where courts previously ruled in favor of employers, whether prospective plaintiffs would find certain workplace conduct sufficiently offensive to take internal or external grievance actions or to quit their jobs,. Specifically, 140 individuals were surveyed and responded anonymously to five fact-laden scenarios, based on actual cases of race, sex, religion, and age discrimination in the workplace. The respondents indicated whether they would file an internal or external grievance or quit their jobs either immediately after the offensive conduct or after the egregious behavior escalated. The results suggest that certain forms of workplace behaviors are more likely to be viewed as discriminatory than others and by certain types of individuals. I. Introduction Discrimination in the workplace continues to present challenges for both employees and employers. Employees often confront egregious conduct by others in the workplace associated with their protected class, and employers attempt to avoid potential liability under regulatory protections, given employees’ increased awareness of their workplace rights. Yet, we know little about prospective plaintiffs’ views on how courts tend to rule in employment discrimination cases. Further, despite numerous federal and state laws protecting employees against employment discrimination, plaintiffs have generally not been successful in pursuing their claims against employers. In two studies over a ten-year period, two researchers found that federal courts and juries find for the plaintiff in fewer than 15 percent of employment discrimination 10 Volume 3 Mustang Journal of Law and Legal Studies (2012) cases (as opposed to 51 percent in non-employment cases).1 Further, these authors report that employers are usually victorious in bringing or defending against an appeal in these cases. Other legal scholars have noted courts’ “seeming hostility” to employment discrimination claims.2 In view of these