DOCSLIB.ORG

The Collegiate Mark, the Collegiate Model, and the Treatment of Student-Athletes

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Collegiate Mark, the Collegiate Model, and the Treatment of Student-Athletes POTUTO (DO NOT DELETE) 6/12/2014 11:54 AM View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Oregon Scholars' Bank JOSEPHINE (JO) R. POTUTO, WILLIAM H. LYONS†, AND KEVIN N. RASK‡ What’s in a Name? The Collegiate Mark, the Collegiate Model, and the Treatment of Student-Athletes Introduction ...................................................................................... 881 I. Amateurism ........................................................................... 887 A. Amateurism Redux ......................................................... 887 B. Amateurism on Campus and the NCAA ........................ 889 II. Athletic Spending and Student-Athlete Benefits ................... 894 A. The Campus ................................................................... 895 B. The Big Money and Where It Goes ............................... 899 C. The NCAA and Student-Athletes ................................... 903 Josephine (Jo) R. Potuto is the Richard H. Larson Professor of Constitutional Law at the University of Nebraska College of Law. She is the university’s faculty athletics representative (FAR), a required campus position at all NCAA member institutions. Potuto served nine years as a member of the Committee on Infractions (two years as chair); more than four years on the Division I Management Council, including service on both its Legislative Review and Administrative Review Subcommittees; and also served as a member of the NCAA Special Review Committee that evaluated and made operational a special consultant’s report on enforcement and infractions. † William H. Lyons is the Richard H. Larson Professor of Tax Law at the University of Nebraska College of Law. Lyons served as Professor-in-Residence to the Chief Counsel of the Internal Revenue Service, is the Managing Editor of The Tax Lawyer (published by the Tax Section of the American Bar Association), a former Committee Chair in the Tax Section, and a Fellow (and former Regent) of the American College of Tax Counsel. Both Lyons and Professor Potuto much appreciate the support of the University of Nebraska College of Law through its McCollum Summer Research Fund. ‡ Kevin Rask is a College Research Professor in the Department of Economics and Business at Colorado College. Rask holds an MA and PhD in Economics from Duke University. He teaches courses in the economics of higher education and econometrics. His current research is focused on student choice, university spending, and the labor market outcomes associated with a college degree. Rask has also served as a consultant to over twenty colleges, universities, and law schools on issues relating to admissions, financial aid, and athletic aid. [879] POTUTO (DO NOT DELETE) 6/12/2014 11:54 AM 880 OREGON LAW REVIEW [Vol. 92, 879 III. NCAA Amateurism Bylaws .................................................. 904 A. Student-Athletes ............................................................. 904 B. NCAA, Conferences, and Universities .......................... 905 IV. Keller/O’Bannon Litigation ................................................... 908 A. Legal Claims, in General and in Brief ............................ 909 B. EA Sports Videogames .................................................. 911 C. Broadcast Rights ............................................................ 912 1. Financial Consequences ........................................... 915 2. More than Financial—the Collegiate Mark and the Slippery Slope .................................................... 916 V. Valuing an FBS Football Student-Athlete and a Division I Men’s Basketball Student-Athlete ......................................... 918 A. Preliminary Comments ................................................... 918 1. Athletic Department Revenue Accounting ............... 920 a. Revenues ............................................................ 920 b. Matching Expenses ............................................ 921 2. Marginal Revenue Product ....................................... 922 3. Value ........................................................................ 922 B. The Literature on the Value of a Division I Student- Athlete ............................................................................ 923 C. Analysis of Econometric Model ..................................... 926 1. Data and Methodology ............................................. 926 2. Descriptive Information ........................................... 928 3. Specification Issues and Models .............................. 930 4. Results ...................................................................... 933 VI. Accommodating Student-Athlete Name and Likeness Compensation Within the Collegiate Model ......................... 937 A. Title IX ........................................................................... 938 B. Dissension ...................................................................... 939 VII. Federal and State Income Tax Consequences of Making Name and Likeness Payments to Student-Athletes ............... 942 A. University-Established Holding Accounts ..................... 943 1. The Constructive Receipt Doctrine .......................... 944 2. The Economic Benefit Doctrine ............................... 945 B. Private Express Trust ..................................................... 949 1. Trust Law Issues ....................................................... 949 2. Income Tax Issues Associated with Using a Trust ... 950 3. Resolving the Quandary ........................................... 952 VIII. The Drift in the Collegiate Model ......................................... 954 A. How Revenue Is Generated ............................................ 954 1. Merchandise, O.K. ................................................... 955 POTUTO (DO NOT DELETE) 6/12/2014 11:54 AM 2014] What’s in a Name? The Collegiate Mark, the Collegiate Model, and 881 the Treatment of Student-Athletes 2. Merchandise, Not O.K. ............................................ 956 3. Advertisements, O.K. .............................................. 957 4. Advertisements, Not O.K. ....................................... 957 5. Media Contracts, O.K. ............................................. 957 B. Wink, Wink .................................................................... 958 1. Outsourcing .............................................................. 960 2. Policing ..................................................................... 960 C. How Money Is Spent and Exempt Status for Federal Income Tax Purposes ..................................................... 961 IX. A New Paradigm ................................................................... 962 A. Doing More for Student-Athletes ................................... 962 1. Educational Aid ........................................................ 962 2. Fair and Equitable Treatment ................................... 963 a. Transfers ............................................................ 963 b. Oversigning ........................................................ 964 c. Play/Practice Limits ........................................... 964 d. Assistance in Evaluating Professional Potential ............................................................. 965 e. Independent Voice in Student-Athlete Reinstatement Processes .................................... 966 f. Health and Well-Being ...................................... 966 B. Aligning with the Collegiate Model ............................... 967 C. The Flip Side of Name and Likeness: Student- Athletes Marketing Themselves ..................................... 967 1. Emma Watson vs. Sam Keller .................................. 968 2. What’s Good for the Goose ...................................... 971 X. All Things Considered ........................................................... 972 A. Negative Consequences.................................................. 972 B. What Might Be Done ..................................................... 974 C. Final Thoughts ............................................................... 975 Appendix Table 1: Econometric Estimates from the College Football Models ..................................................................... 977 Appendix Table 2: Econometric Estimates from the Men’s College Basketball Models .................................................... 978 INTRODUCTION he amateurism principle has been a mainstay of college athletics, Tat least since the inception of the National Collegiate Athletic POTUTO (DO NOT DELETE) 6/12/2014 11:54 AM 882 OREGON LAW REVIEW [Vol. 92, 879 Association (NCAA)1 in 1906.2 In its narrowest sense, it means that athletes who are, or have been, paid to play are thereby ineligible to compete in varsity athletic competition.3 More broadly, it means that student-athletes professionalize themselves if they capitalize financially on their athletic skill or reputation.4 The amateurism principle forms part of the “collegiate model” of intercollegiate athletics whereby university athletic programs are to be “a vital part of the educational system,”5 student-athletes are to be “an integral part of the student body,”6 and there is to be “a clear line of demarcation between intercollegiate athletics and professional sports.”7 In turn, the collegiate model advances the “collegiate mark”—a market product for collegiate athletics that is separate from the market for professional sports. Certainly, there is something essentially
Load more

Recommended publications
  • Human Dignity Issues in the Sports Business Industry
    DEVELOPING RESPONSIBLE CONTRIBUTORS | Human Dignity Issues in the Sports Business Industry Matt Garrett is the chair of the Division of Physical Education and Sport Studies and coordinator of the Sport Management Program at Loras College. His success in the sport industry includes three national championships in sport management case study tournaments, NCAA Division III tournament appearances as a women’s basketball and softball coach, and multiple youth baseball championships. Developing Responsible Contributors draws on these experiences, as well as plenty of failures, to explore a host of issues tied to human dignity in the sport business industry. These include encounters with hazing and other forms of violence in sport, inappropriate pressures on young athletes, and the exploitation of college athletes and women in the sport business industry. Garrett is the author of Preparing the Successful Coach and Matt Garrett Timeless: Recollections of Family and America’s Pastime. He lives in Dubuque with his wife and three children. | Human Dignity Issues in the LORAS COLLEGE PRESS Sports Business Industry Matt Garrett PRESS i Developing Responsible Contributors: Human Dignity Issues in the Sport Business Industry Matthew Garrett, Ph.D. Professor of Physical Education and Sports Studies Loras College Loras College Press Dubuque, Iowa ii Volume 5 in the Frank and Ida Goedken Series Published with Funds provided by The Archbishop Kucera Center for Catholic Intellectual and Spiritual Life at Loras College. Published by the Loras College Press (Dubuque, Iowa), David Carroll Cochran, Director. Publication preparation by Helen Kennedy, Marketing Department, Loras College. Cover Design by Mary Kay Mueller, Marketing Department, Loras College.
    [Show full text]
  • Using Contract Law to Tackle the Coaching Carousel
    Page 1 47 U.S.F. L. Rev. 709, * Article: Using Contract Law to Tackle the Coaching Carousel NAME: By Stephen F. Ross & Lindsay Berkstresser* BIO: * Professor of Law and Director, Institute for Sports Law, Policy and Research, The Pennsylvania State Universi- ty, and J.D. Candidate, 2014, The Pennsylvania State University, respectively. LEXISNEXIS SUMMARY: ... Universities have a strong incentive to seek to include these provisions in coaching contracts since popular coaches generate a considerable amount of revenue and the university wants to retain its star players. ... Part II explains why contracts in which the coach agrees to provide unique sports services are legally enforceable and how contracts can ef- fectively bind a coach through the issuance of a negative injunction. ... While a liquidated damages clause that reflects an upper-limit on a reasonable estimation of the financial harm (both to the student-athlete's professional opportunities as well as the harm to the university) could in theory be constructed, thereby making it financially difficult for a new team to lure the coach away, it cannot remedy the breach because the NCAA would likely bar an athlete from receiving payment pursuant to such a clause. ... Bargaining Power Contracts are voluntary bargains, so even if the laws of con- tract and remedies and NCAA regulations permitted courts to enforce promises made by coaches to universities and student-athletes to remain at the school, the bargaining dynamics must be sufficient to induce a coach to make such a promise. ... While NCAA regulations preclude student-athletes from the opportunity to negotiate the terms of their con- tracts with the institution, star athletes may possess the necessary bargaining power to negotiate a contract with their coach.
    [Show full text]
  • Using Contract Law to Tackle the Coaching Carousel Stephen F
    Penn State Law eLibrary Journal Articles Faculty Works 2013 Using Contract Law to Tackle the Coaching Carousel Stephen F. Ross Penn State Law Lindsay A. Berkstresser Post & Schell, P.C. Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Entertainment, Arts, and Sports Law Commons Recommended Citation Stephen F. Ross and Lindsay A. Berkstresser, Using Contract Law to Tackle the Coaching Carousel, 47 U.S.F. L. Rev. 709 (2013). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. Using Contract Law to Tackle the Coaching Carousel By STEPHEN F. Ross & LINDSAY BERKSTRESSER* Introduction STUDENT-ATHLETES who demonstrate the skills and dedication throughout their college careers that predict success in professional sports become attractive prospects for major league drafts. Yet their professional aspirations can be significantly affected by the departure of their college coaches, whose team's recurring success often results in lucrative offers from professional teams or wealthier and more suc- cessful college programs. Although the potential harm to a university left behind by an upwardly-mobile coach is often recognized, less at- tention has focused on the connection between a coach's departure from the university and the student-athlete's standing in the National Football League ("NFL") draft. A recent study has demonstrated that a coach's decision to leave a university can substantially lower an ath- lete's position in the draft.' Each year, a large number of football programs face coaching changes;2 indeed, a top school's hiring away a coach from another program often has a ripple effect-a "coaching carousel."3 Student- * Professor of Law and Director, Institute for Sports Law, Policy and Research, The Pennsylvania State University, andJ.D.
    [Show full text]
  • Scott to UF: It’S Time to Tighten Your Belt the Veto Includes $6 Million for UF Sees $12 Million Slashed a Research and Academic Facility at Gov
    Not officially associated with the University of Florida Published by Campus Communications, Inc. of Gainesville, Florida We Inform. You Decide. VOLUME 105 ISSUE 77 TUESDAY, MAY 31, 2011 Scott to UF: It’s time to tighten your belt The veto includes $6 million for UF sees $12 million slashed a research and academic facility at Gov. Scott’s Vetoes: By JOEY FLECHAS Lake Nona in Orlando — a project Alligator Staff Writer “However, we recognize the that has already broken ground. $5.3 million for maintenance and repairs of existing facilities state of Florida is in a very UF President Bernie Machen is- sued a statement Thursday stress- A broken air conditioning sys- difficult economic situation.” $6 million for Lake Nona Research and Academic Facility ing the importance of these projects tem, a hole in the roof and a busted Bernie Machen and disappointment that they won’t water chiller. UF President $369,000 for WUFT-TV and WUFT-FM, UF’s public television be funded. The cost of these would-be re- and radio stations He also acknowledged the diffi- pairs, after Gov. Rick Scott vetoed culty of budgeting in tough times. roughly $12 million in funding for Scott vetoed a record $615 mil- “However, we recognize the $500,000 for Statewide Brain Tumor Registry Program at the UF Thursday, would not come out lion dollars from the state budget State of Florida is in a very difficult McKnight Brain Institute of state funds. before signing it, including about economic situation, and the Legis- Instead, the university will have $5.3 million for routine maintenance lature and the Governor faced hard $34,000 to somehow foot the bill.
    [Show full text]
  • Utilizing Marketing Principles in Collegiate Football Recruiting
    Utilizing Marketing Principles in Collegiate Football Recruiting Matias Cerda Honors Thesis Undergraduate in Marketing Advisor: Dr. Richard Lutz April 16, 2012 Abstract: College athletics has transformed from a set of recreational sports to a multi-billion dollar industry with the advent of television contracts, school trademarks, sponsorships, and ticket sales. As a result, the process for recruiting top high school athletes is more competitive than ever before. It is vital that collegiate coaches are able to attract top high school athletic prospects to attend their schools so that their athletic programs can shine in the national spotlight. A university’s ability to market its athletic program to a high school senior can be very difficult when there are 335 other Division I universities attempting to sell their schools as well. This thesis examines how marketing principles can be successfully executed during the recruitment of a top high school football prospect by university athletic departments. It explores athletic programs that excel at recruiting high school football stars, and delves deeper into how the University of Florida’s football program maintains such a high caliber recruiting class year after year from interviews with its players as well as with the university’s Director of On Campus Recruiting, Brendan Donovan. In addition, current trends in the collegiate football recruiting process will be discussed in detail along with the advantages and disadvantages of marketing to high school athletes. This thesis argues that marketing plays an integral role in the recruitment of athletes for intercollegiate athletics. Those collegiate coaches who utilize unique marketing tactics have an important advantage in the process of selling their schools to top high school prospects.
    [Show full text]
  • When the Numbers Don't Add Up: Oversigning in College Football Jonathan D
    Marquette Sports Law Review Volume 22 Article 13 Issue 1 Fall When the Numbers Don't Add Up: Oversigning in College Football Jonathan D. Bateman Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation Jonathan D. Bateman, When the Numbers Don't Add Up: Oversigning in College Football, 22 Marq. Sports L. Rev. 7 (2011) Available at: http://scholarship.law.marquette.edu/sportslaw/vol22/iss1/13 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, please contact [email protected]. BATEMAN (DO NOT DELETE) 12/21/2011 2:18 PM ARTICLES WHEN THE NUMBERS DON’T ADD UP: OVERSIGNING IN COLLEGE FOOTBALL JONATHAN D. BATEMAN∗ I. INTRODUCTION Congratulations. After months of receiving letters in the mail and answering telephone calls from college football coaches around the country, the recruiting process has finally ended because today is February 2, 2012, National Signing Day. Although you have been verbally committed to Hometown University for months now, today is the day that you (and your parents) will formally sign the National Letter of Intent (NLI),1 the document that will serve as your binding commitment to play football for Hometown University next fall. You spend the spring and summer months training in anticipation for your first season as a college football player, all the while dreaming about the future opportunities and experiences that enrolling at Hometown University will provide. Fast-forward to your first day of practice.
    [Show full text]
  • Oversigning; How the Phenomenon Affects Competitive Advantage
    PENN STATE ERIE - THE BEHREND COLLEGE Oversigning; How the Phenomenon Affects Competitive Advantage. Econometrics 485 KOURTNEY WALSH 12/10/2013 Walsh 1 Abstract The purpose of this study is to see if by oversigning divison 1 college football players, teams are more likely to win more games in a season, or have a competitive advantage. Competitive advantage is known as having an advantage over your competitors allowing you to be more successful than your competitors due to a certain reason; for example oversigning players. This topic was chosen due to the recent rule changes and crack down on oversigning players. The data used ranges from 2006-2010. A regression analysis was ran to compare all the independent variables to see how they effected wins in the 2010 season. The data used was cross sectional, and it was found that oversigining players does not increase a teams competitive advantage. Walsh 2 Introduction Recruiting is very important to Division I football teams; coaches are only allotted a certain amount of scholarships on a team per year. In recent years coaches have been oversigning significantly more. For example they are only allowed to have 25 new scholarships, but coming into the season they have signed 31 new incoming athletes to join the team. They then have to drop 6 of these players from the team before the season starts. Coaches are doing this because they can pick who they want to keep or let go of, possibly giving them a competitive advantage. The goal of this study is to compare teams that oversign to teams that do not, to see if they gain a competitive advantage.
    [Show full text]
  • NCAA Deregulation and Reform: a Radical Shift of Governance Philosophy?
    DAVIS (DO NOT DELETE) 10/23/2013 11:32 AM View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Oregon Scholars' Bank TIMOTHY DAVIS AND CHRISTOPHER T. HAIRSTON, PhD NCAA Deregulation and Reform: A Radical Shift of Governance Philosophy? Introduction ........................................................................................ 78 I. The NCAA Legislative Process ............................................... 81 II. Deregulation of the Division I Manual .................................... 83 A. Justifying Deregulation .................................................... 83 B. Deregulation Legislation .................................................. 87 1. Recruiting ................................................................... 87 a. Texting and Modes of Communication ................ 87 b. Printed Materials ................................................... 90 2. Personnel .................................................................... 91 3. Awards and Benefits .................................................. 94 III. Reform Legislation .................................................................. 96 A. Student-Athlete Welfare ................................................... 96 1. Multiyear Scholarships ............................................... 96 2. Over-Signing ............................................................ 103 a. The Recruitment Process .................................... 103 b. Revoking Scholarship Offers .............................
    [Show full text]
  • Oversign on the Dotted Line: the National Letter of Intent As a Contract and Problems Concerning the Ncaa’S 2012 Over- Signing Regulation
    OVERSIGN ON THE DOTTED LINE: THE NATIONAL LETTER OF INTENT AS A CONTRACT AND PROBLEMS CONCERNING THE NCAA’S 2012 OVER- SIGNING REGULATION Wesley Ryan Shelley* Introduction ..............................................................................325 I. History of the NLI .................................................................327 II. Contractual Analysis and Implications of the NLI............329 A. Mutual Assent and Intent to be Bound ..........................329 B. Offer, Acceptance and Consideration..............................330 C. Voidability and Withdrawal ............................................331 D. Relevant Cases.................................................................332 III. Over-signing and League Action .......................................333 A. Over-signing .....................................................................333 B. The Big Ten Conference’s NLI Limit ..............................337 C. The Southeastern Conference’s NLI Limit.....................338 D. NCAA Adoption of Twenty-Five NLI Limit....................339 IV. Problems..............................................................................340 V. Solutions ...............................................................................342 Conclusion.................................................................................347 INTRODUCTION The athletic department staffs of many successful college football programs anxiously await National Signing Day 2013, expecting the latest blue chip recruit’s National Letter
    [Show full text]
  • Prevent Defense: Will the Return of the Multiyear Scholarship Only Prevent the NCAA's Success in Antitrust Litigation? Vincent J
    Brooklyn Law Review Volume 79 Issue 3 SYMPOSIUM: Article 14 When the State Speaks, What Should It Say? 2014 Prevent Defense: Will the Return of the Multiyear Scholarship Only Prevent the NCAA's Success in Antitrust Litigation? Vincent J. DiForte Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Vincent J. DiForte, Prevent Defense: Will the Return of the Multiyear Scholarship Only Prevent the NCAA's Success in Antitrust Litigation?, 79 Brook. L. Rev. (2014). Available at: https://brooklynworks.brooklaw.edu/blr/vol79/iss3/14 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. Prevent Defense WILL THe RETURN OF THE MULTIYEAR SCHOLARSHIP ONLY PREVENT THE NCAA’S SUCCESS IN ANTITRUST LITIGATION? INTRODUCTION In football there is a common defensive formation called “Prevent Defense,” which teams use at the end of a game or right before halftime, in hopes of stopping an opposing team from scoring.1 The formation positions defensive backs and linebackers, the players responsible for pass coverage, farther away from the line of scrimmage.2 This strategy makes it exceedingly difficult for the offense to gain substantial yardage on any single play, but allows them to easily and consistently move the football down the field through short gains.3 By forcing a team to run a greater number of plays, coaches believe that time will expire before the offense has reached a scoring position.4 Although teams continue to use this formation, it has received significant criticism for its ineffectiveness.5 The use of this strategy almost always involves switching from a successful defensive formation to a less tested one,6 and as a result, defenses frequently allow offenses to score points and win the game.
    [Show full text]
  • 1 Table of Contents
    Table of Contents Symposium Agenda p.1 Letter from the Editor p.5 Speaker’s Biographies p.6 Background Note on Sports Ethics By: Kirk O. Hanson and Matt Savage p.19 Amateurism, Professionalism, Commercial Activity and Intercollegiate Athletics: Ambivalence about Principles By: Wallace Renfro p.32 The NCAA’s Indirect Regulation of Lawyer-Agents: In Direct Conflict with the Model Rules of Professional Conduct By: Richard T. Karcher p.46 The Impact on Demand from Winning in College Football and Basketball: Are College Athletes More Valuable than Professional Athletes? By: Daniel A.Rascher and Chad D. McEvoy p.74 Don’t Allow Pay-for-Play to Fool You By: Linda Robertson p.81 National Letter of Indenture: How College Athletes are similar to, and in many ways worse off than, the indentured servants of colonial times. By: Andy Schwarz and Jason Belzer p.84 Cash Interference: Why the NCAA should be Flagged for Prohibiting Student- Athletes from Capitalizing on Their Image Rights By: Tim English p.98 America’s Dumbest Right of Publicity Cases By: Kevin Greene p.119 The Price of Poverty in Big Time College Sport By: Ramogi Huma and Ellen Staurowsky p.126 Courts, Sports And Video games: What's In A Game? By: Ronald S. Katz p.165 Protecting the Rights of Amateur Athletes: Transforming the Judicial Tests for Balancing Publicity Rights and the First Amendment By: Lateef Mtima p.171 The Penn State Scandal: Lessons for Universities Confronted with a Public Relations Crisis By: Terry Fahn p.182 The Why (and Why Not) of NCAA Punishment By: Richard H.
    [Show full text]
  • Thompson V. Western States Medical Center: an Opportunity Lost
    Rowan University Rowan Digital Works Rohrer College of Business Faculty Scholarship Rohrer College of Business Summer 2011 Thompson v. Western States Medical Center: An Opportunity Lost J. S. Falchek Edward J. Schoen Rowan University, [email protected] Follow this and additional works at: https://rdw.rowan.edu/business_facpub Part of the Business Commons, and the Law Commons Recommended Citation Falchek, J. S. & Schoen, E. J. (2011). Thompson v. Western States Medical Center: An Opportunity Lost. Atlantic Law Journal, Vol. 13 (Summer 2011), 201-223. This Article is brought to you for free and open access by the Rohrer College of Business at Rowan Digital Works. It has been accepted for inclusion in Rohrer College of Business Faculty Scholarship by an authorized administrator of Rowan Digital Works. ATLANTIC LAW JOURNAL VOLUME 13 2011 CONTENTS: EDITORS’ CORNER EDITORIAL BOARD & STAFF EDITORS EDITORIAL BOARD ANNOUNCEMENTS ARTICLES TEACHING INTERNATIONAL BUSINESS LAW AND CONTRACTS VIA EXPERIENTIAL LEARNING: A CASE EXAMPLE BEVERLEY EARLE* & GERALD MADEK 1 EXPLORING ETHICAL ISSUES AND EXAMPLES BY USING SPORT ADAM EPSTEIN & BRIDGET NILAND 19 A FOCUS ON THE FOREIGN CORRUPT PRACTICES ACT (FCPA): SIEMENS AND HALLIBURTON REVISITED AS INDICATORS OF CORPORATE CULTURE RICHARD J. HUNTER, JR., DAVID MEST & JOHN SHANNON 60 BALANCING CUSTOMER SERVICE, SAFETY ISSUES, AND LEGAL REQUIREMENTS: IT’S ALL ABOUT SAFETY GREGORY P. TAPIS, KATHRYN KISSKA-SCHULZE, KANU PRIYA & JEANNE HASER 92 INTERNATIONAL AUDIT COMMITTEE INDEPENDENCE REQUIREMENTS: ARE POLICYMAKERS PUTTING THE ACADEMIC RESEARCH TO USE? J. ROYCE FICHTNER 117 THE SERVICEMEMBERS CIVIL RELIEF ACT: CONTEMPORARY REVISIONS TO THE SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 REGARDING RIGHTS AND RESPONSIBILITIES OF THE MILITARY, THEIR DEPENDENTS AND THOSE WHO DO BUSINESS WITH THEM MICHAEL A.
    [Show full text]