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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. KATZ 146 THOMPSON V. WESTERN STATES MEDICAL CENTER: AN OPPORTUNITY LOST JOSEPH S. FALCHEK & EDWARD J. SCHOEN 164 USING AN ARBITRATION SIMULATION TO TEACH CRITICAL SKILLS HARVEY M. SHRAGE 191 INFORMATION FOR CONTRIBUTORS EDITORS’ CORNER The Atlantic Law Journal is a double blind peer reviewed journal. The Journal attracts large numbers of submissions from professors and scholars located across the United States and overseas. The current acceptance rate for the Journal is less than 25%. The Journal is listed in Cabell’s Directory of Publishing Opportunities in Management and Marketing. It is published annually. We encourage all readers to prepare and submit manuscripts for publication in the Journal. Submission information is located at the back of this volume. The Journal is the official publication of the Mid-Atlantic Academy for Legal Studies in Business, Inc. It is available both electronically and in print versions deposited in college and university libraries. - The Editors EDITORIAL BOARD & STAFF EDITORS BRIAN J. HALSEY EDITOR-IN-CHIEF WEST CHESTER UNIVERSITY -STAFF EDITORS- STEPHANIE BARDWELL CHRISTOPHER NEWPORT UNIVERSITY GLENN D. BARNES PEIRCE COLLEGE ROBERT C. BIRD UNIVERSITY OF CONNECTICUT STACEY B. LEE JOHNS HOPKINS UNIVERSITY CAROL J. SHERMAN PEIRCE COLLEGE DONNA M. STESLOW KUTZTOWN UNIVERSITY SANDRA M. TOMKOWICZ WEST CHESTER UNIVERSITY PATRICK D. WALKER CHRISTOPHER NEWPORT UNIVERSITY MARY ELLEN WELLS ALVERNIA UNIVERSITY EDITORIAL BOARD ANNOUNCEMENTS STAFF EDITORS Staff Editors review Journal submissions. If you wish to review manuscripts for the Journal, please contact the editors with a letter or email indicating your current position, your scholarly interests and/or your areas of expertise. Ideally staff editors attend the spring annual meeting of the MAALSB, but attendance is not required. ADVERTISING The Journal accepts both paid advertisements and exchanges of advertising or display space. Full and half page formats are welcome. CONTENTS & OPINIONS The opinions expressed in the articles are solely those of their respective authors and do not reflect the opinions of the Mid- Atlantic Academy for Legal Studies in Business, the Journal itself, or the editors and reviewers. This publication is designed to give accurate and authoritative information with regard to the subject matter. It is distributed with the understanding that neither the publisher nor the editors are engaged in the rendering of legal advice, political opinion, or any other professional service. If legal advice or other expert assistance is required, please seek the services of a competent professional. - ARTICLES - TEACHING INTERNATIONAL BUSINESS LAW AND CONTRACTS TEACHING INTERNATIONAL BUSINESS LAW AND CONTRACTS VIA EXPERIENTIAL LEARNING: A CASE EXAMPLE By Beverley Earle* & Gerald Madek** I. INTRODUCTION The pressure to cover material in a law course in business school is intense and a professor may conclude that there is no room for a time-consuming exercise in experiential learning. While it may seem like a luxury to spend a class period engaged in a negotiation or simulation, research has validated the important role such an exercise plays in learning.1 * Professor and Chair of the Law, Taxation and Financial Planning Department, Bentley University and the McCallum Graduate School of Business, Fellow, Bentley Center for Business Ethics. ** Professor of Law, Taxation and Financial Planning, Bentley University. 1 See David A. Garvin, Making the Case: Professional Education for the World of Practice, 106(1) HARV. MAG. 56 (2003), available at http://harvardmagazine.com/2003/09/making-the-case-html; but see Barry Mitnick, The Case Against the Case Method, HARV. BUS. REV. BLOGS, Apr. 29, 2009, http://blogs.hbr.org/how-to-fix-business-schools/2009/04/the-case- against-the-case-meth-1.html (providing a critique of case method experiential or problem learning). -1- ATLANTIC LAW JOURNAL VOLUME 13 The use of cases in business education leads to several outcomes. As David Garvin, the C. Roland Christensen Professor of Business Administration at Harvard Business School explains, there are three benefits to case discussions: “[T]hey help students develop diagnostic skills in a world where markets and technologies are constantly changing”; “[They] help students develop persuasive skills”; and “[A] steady diet of cases leads to distinctive ways of thinking and acting. It . puts the student in the habit of making decisions.”2 Harvard Business School has endorsed the usefulness of the case method since 1920 (fifty years after the Harvard Law School had adopted it).3 While case studies used at the graduate level are usually lengthy and detailed, the case study method can be easily adapted to an undergraduate curriculum. Case exercises are valuable at any level because they force students to put themselves in a participatory role and to make practical decisions as if they were running their own businesses. Short business cases function as a useful adjunct to the case book used in most Legal Environment of Business or International Business Law classes. Professors who have graduated from law school are more than familiar with the case method using appellate cases but find using business school cases to teach legal concepts to managers a less comfortable experience. Fortunately, there are effective resources to support professors as they introduce the case method into their business courses. The Academy of Legal Studies in Business makes available both information about teaching with the case method4 2 Garvin, supra note 1, at 62 (quoting Powell Niland, a Harvard Business School alumnus who is now at Washington University). 3 Id. at 56 (discussing the difference between law, business and medical schools’ use of cases). 4 The portal to ALSB resources can be found at www.alsb.org (last accessed Jan. 9, 2011); see also Harvard Business School: Inside the Case Method, Part 2 of 2, YOUTUBE, http://www.youtube.com/watch?v=JJ7aVrtTbg0 (last accessed Apr. 20, 2011). -2- TEACHING INTERNATIONAL BUSINESS LAW AND CONTRACTS and teaching resources for specialized cases.5 These resources can help professors over the initial hurdles of introducing the case method. Additionally, Doug Lemov, an expert on teaching methodology, may be a particularly useful resource for college professors introducing the case study method to undergraduate courses. In his book, Teach Like a Champion,6 Lemov studied the characteristics of good teachers and made a surprising discovery. He found that “what looked like natural born genius was often deliberate technique in disguise.”7 Lemov reduced the techniques which he observed good teachers using to a “taxonomy.” Although the techniques in this taxonomy were originally used in a pre-college setting,8 they can be equally helpful for college professors introducing the case method to their classrooms. Lemov’s techniques guide teachers through an analysis of their teaching and allow them to make strategic improvements. This approach offers the hope that teachers can learn to be better—exemplary teaching is not simply an innate trait. 5 For example, the Journal of Legal Studies Education recently published two cases to be used in business law classes. See Lamar Odom & Analco Gonzalez, Kelo v. City of New London: An Ideal Case to Teach Ethical and Legal Principles, 25 J. LEGAL STUD. EDUC. 343 (2008); Susana Monseau, Beer, Free Speech, and Barriers to Interstate Commerce: A Case of Imported Beer, 25 J. LEGAL STUD. EDUC. 307 (2008). 6 DOUG LEMOV, TEACH LIKE A CHAMPION (2010). Lemov’s book is profiled in Elizabeth Green, Building a Better Teacher, N.Y. TIMES MAG., Mar. 2, 2010, at MM30, available at http://www.nytimes.com/2010/03/07/magazine/07Teachers-
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