@article {1976261, title = {Morality Appraisals in Consumer Responsibilization}, year = {2023}, month = {2023}, address = {Storrs, Connecticut}, keywords = {Business Law, Marketing}, author = {Barnhart,Michelle and Huff,Aimee and Scott,Inara} } @inbook {1974971, title = {Resilient Teaching in an Era of Disruption}, year = {2023}, month = {2023}, address = {Sterling, VA}, keywords = {Business Law}, author = {Scott,Inara} } @booklet {1974976, title = {The Changing Faces of Business Law and Sustainability}, volume = {59}, year = {2022}, month = {2022}, pages = {613-620}, keywords = {Business Law}, url = {https://onlinelibrary.wiley.com/doi/10.1111/ablj.12213}, author = {Cahoy,Dan and Park ,Stephen Kim and Scott,Inara} } @conference {1968781, title = {The (Ir)Responsible American Consumer: Examining Morality and Responsibilization for Armed Self-Defense}, booktitle = {Association for Consumer Research 2022 Conference}, year = {2022}, month = {2022}, keywords = {Business Law, Marketing}, author = {Barnhart,Michelle and Huff,Aimee and Scott,Inara} } @article {1974981, title = {Revisiting Meriwether v. Hartop and Academic Freedom in Higher Education}, journal = {American Business Law Journal}, year = {2022}, month = {2022}, abstract = {Although the nature and extent of academic freedom has been subject to analysis for over a century, recent developments underscore the need to reconsider the proper scope of academic freedom. These developments include Meriwether v. Hartop, a 2021 Sixth Circuit decision in which a professor claimed a Constitutional right, based in academic freedom, to refuse to use a student{\textquoteright}s pronouns; the growing science of pedagogy and understanding of how students learn; and the changing role of higher education in the United States. We propose updated factors for assessing the scope of academic freedom that balance the interests of the university, individual faculty members, students, and the general public. In doing so, we specifically address and discuss the interest of the state in delivering an {\textquotedblleft}effective education{\textquotedblright}{\textemdash}a concept that we ground in both the literature of constitutional rights and also the literature of effective pedagogy, linking the interest of the state in delivering effective learning experiences to the science of teaching and learning. We also address the need for the recognition of gender pronouns and the potential for harm when they are not recognized.}, keywords = {Business Law}, author = {Scott,Inara and Brown,Elizabeth and Yordy,Eric} } @article {1974991, title = {As in-person classes resume, colleges shouldn{\textquoteright}t lose steam on faculty training}, year = {2021}, month = {2021}, abstract = {Professional development in pedagogy should be required when instructors enter the institution and at intervals after that, one dean of teaching and learning explains.}, keywords = {Business Law}, url = {https://www.highereddive.com/news/as-in-person-classes-resume-colleges-shouldnt-lose-steam-on-faculty-train/598129/}, author = {Scott,Inara} } @article {1974996, title = {Learning to "Think Like a Lawyer": Developing a Metacognitive Model for Legal Reasoning}, journal = {College Teaching}, volume = {69}, year = {2021}, month = {2021}, pages = {34-42}, abstract = {In the area of law, metacognition is an implicit goal of instruction, as legal studies classes often stress learning to {\textquotedblleft}think like a lawyer.{\textquotedblright} However, the explicit metacognitive model for using legal reasoning to break down complex problems and seek solutions is rarely identified. This article explicitly identifies the metacognitive model for thinking like a lawyer and provides concrete steps for direct instruction in this method of analysis. The method of analysis and the resulting model are useful to beyond the legal studies classroom, as the legal reasoning model is substantially similar to a model for critical thinking.}, keywords = {Business Law}, author = {Scott,Inara} } @article {1975006, title = {R Corps: When Should Corporate Values Receive Religious Protection}, journal = {Berkeley Business Law Journal}, volume = {17}, year = {2020}, month = {2020}, pages = {91-133}, abstract = {In this article, we explain how a corporation might invoke religious freedom claims in order to protect corporate values such as diversity, equality, sanctuary, or women{\textquoteright}s access to reproductive care which are not exclusively associated with a religion, and are often held by secular entities. In order to do so, we must address the following unresolved legal issues: 1) How can one define whether a set of beliefs are {\textquotedblleft}religious{\textquotedblright} when those beliefs are held not just by a single individual, but by a diverse collection of individuals? 2) Does the meaning of religion change when it is no longer exercised by a human being but instead by a corporation? 3) Importantly, how would a court evaluate the religious claims of a business entity made up of diverse owners, members, and/or shareholders? And 4) What are the broader consequences, benefits and detriments of protecting such claims?}, keywords = {Business Law}, author = {Scott,Inara and Brown,Elizabeth and Yordy,Eric} } @article {1975001, title = {The Trouble with Boycotts: Are Fossil Fuel Divest Campaigns Unlawful Concerted Activity?}, journal = {American Business Law Journal}, volume = {57}, year = {2020}, month = {2020}, pages = {5377591}, abstract = {Organizations like 350.org, Insure Our Future, and DivestInvest are leading campaigns to urge boycott and divestment from fossil fuels as a means to address climate change. Increasingly, they are finding success, from individual consumers to massive pension and sovereign wealth funds. However, as organized group boycotts, divest campaigns may be vulnerable to prosecution under antitrust law. This article explores the likelihood of success in such a case, considering the history of the legal treatment of organized boycotts, the scope and purpose of antitrust law, and the possible application of the First Amendment to the divestment context. The article finds that fossil fuel boycotts straddle a number of contradictory characteristics, making application of existing theories inadequate. In particular, existing precedent protects political boycotts, but not those with primarily economic objectives, and fails to definitively address whether a noncompetitive actor may undertake concerted action under antitrust law. In the context of climate change, where the political is economic, and political goals may seek significant economic changes (such as undermining an entire industry), existing theories may lead to a result that threatens both free expression and the health of the planet. The essential flexibility of the Sherman Act, however, provides room for protection of political activity, even where the ultimate objective is economic in nature.}, keywords = {Business Law}, author = {Scott,Inara} } @article {1976271, title = {American Consumers{\textquoteright} Understandings of the Right to Consume Firearms}, year = {2019}, month = {2019}, address = {Montreal, Canada}, keywords = {Business Law, Marketing}, author = {Barnhart,Michelle and Huff,Aimee and Scott,Inara} } @conference {1968831, title = {American Consumers{\textquoteright} Understandings of the Right to Consume Firearms}, booktitle = {Consumer Culture Theory Consortium}, year = {2019}, month = {2019}, keywords = {Business Law, Marketing}, author = {Barnhart,Michelle and Huff,Aimee and Scott,Inara} } @article {1975021, title = {Belief v. Belief: Resolving LGBTQ Rights Conflicts in the Religious Workplace}, journal = {American Business Law Journal}, volume = {56}, year = {2019}, month = {2019}, pages = {55-113}, keywords = {Business Law}, author = {Scott,Inara and Brown,Elizabeth} } @article {1975011, title = {Environmental Law. Disrupted.}, journal = {Environmental Law Reporter}, volume = {49}, year = {2019}, month = {2019}, pages = {10038-10063}, address = {Washington, D.C.}, abstract = {The U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-distant future. What does it mean to think about and practice environmental law in this setting? In this Article, members of the Environmental Law Collaborative have taken on the question of whether environmental law as we currently know it is up to the job of addressing these threats, and, if not, what the path forward should be.}, keywords = {Business Law}, url = {https://elr.info/news-analysis/49/10038/environmental-law-disrupted}, author = {Scott,Inara and Takacs,David} } @conference {1968826, title = {Relating American{\textquoteright}s Responses to the Marketization of Armed Self-Defense to their Understandings of the Second Amendment}, booktitle = {Association for Consumer Research}, year = {2019}, month = {2019}, keywords = {Business Law, Marketing}, author = {Barnhart,Michelle and Huff,Aimee and Scott,Inara} } @inbook {1975026, title = {Environmental Policy}, year = {2018}, month = {2018}, address = {New York, NY}, keywords = {Business Law}, author = {Scott,Inara} } @article {1975041, title = {Redefining Corporate Social Responsibility in an Era of Globalization and Regulatory Hardening}, journal = {American Business Law Journal}, volume = {55}, year = {2018}, month = {2018}, pages = {167-218}, abstract = {Through our analysis of corporate trends, regulations, and case law from the United States, European Union, China, and India, we argue that the process of legalization and redefinition of CSR through a shareholder primacy lens may, troublingly, undermine the very notion of corporate social responsibility. In the face of these trends, this article redefines CSR with a reference to a fresh commitment to corporations{\textquoteright} social and ethical responsibility to society.}, keywords = {Business Law}, author = {Berger-Walliser,Gerlinde and Scott,Inara} } @article {1975031, title = {Sanctuary Corporations: Time for Liberal Corporations to Get Religion?}, journal = {Journal of Constitutional Law}, volume = {20}, year = {2018}, month = {2018}, pages = {1102-1144}, address = {Philadelphia, PA}, abstract = {Spurred on by the Trump administration{\textquoteright}s aggressive deportation policies, the {\textquotedblleft}sanctuary{\textquotedblright} movement has seen rapid growth in both religious and secular contexts. Some businesses have publicly expressed their support for undocumented people, but what happens if these businesses run afoul of immigration laws? Following the logic of Hobby Lobby v. Burwell, we argue that the Religious Freedom Restoration Act could provide a shield for businesses, provided they act out of a sincere religious belief. We also discuss the heightened role of religion in today{\textquoteright}s legal landscape, and how this may ultimately be a dangerous result for civil society.}, keywords = {Business Law}, author = {Scott,Inara and Brown,Elizabeth} } @article {1975016, title = {Utilizing Energy and Environmental Law: Focus on Innovation, Creativity, and Economics}, journal = {Oil and Gas, Natural Resources, and Energy Journal}, volume = {4}, year = {2018}, month = {2018}, pages = {557-564}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983051, title = {When Values Collide:~The Complex Interaction of Free Expression, RFRA, and the Fourteenth Amendment in the Workplace}, year = {2018}, month = {2018}, address = {Monterey, CA}, keywords = {Business Law}, author = {Scott,Inara} } @article {1968271, title = {Beyond Budgeting: Distinguishing Modes of Adaptive Performance Management}, journal = {Advances in Management Accounting}, volume = {29}, year = {2017}, month = {2017}, pages = {33-53}, keywords = {Accounting, Business Law}, url = {http://www.emeraldinsight.com/doi/abs/10.1108/S1474-787120170000029003}, author = {O{\textquoteright}Grady,Winnie and Akroyd,Chris and Scott,Inara} } @article {1983081, title = {Clean Power Plan}, year = {2017}, month = {2017}, address = {Eugene, OR}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983086, title = {Corporate Social Responsibility in an Era of Legalization: An International Perspective}, year = {2017}, month = {2017}, address = {Palm Springs, CA}, keywords = {Business Law}, author = {Scott,Inara} } @article {1975046, title = {Energy Policy: No Place for Zero-Sum Thinking}, journal = {Environmental Law Reporter}, volume = {47}, year = {2017}, month = {2017}, pages = {10328-10351}, abstract = {Environmental law and environmental protection are often portrayed as requiring trade offs: {\textquotedblleft}jobs versus environment,{\textquotedblright} {\textquotedblleft}markets versus regulation,{\textquotedblright} {\textquotedblleft}enforcement versus incentives.{\textquotedblright} The authors explore the meaning and the role of zero-sum environmentalism as a first step in moving beyond it.}, keywords = {Business Law}, url = {https://elr.info/news-analysis/47/10328/beyond-zero-sum-environmentalism}, author = {Scott,Inara and Baker,Shalanda and Craig,Robin Kundis and Dernbach,John and Hirokawa,Keith and Krakoff,Sarah and Owley,Jessica and Powers,Melissa and Roesler,Shannon and Rosenbloom,Jonathan and Ruhl,JB and Salzman,Jim and Takacs,David} } @inbook {1975036, title = {Energy Policy: No Place for Zero-Sum Thinking}, year = {2017}, month = {2017}, address = {Washington DC}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983071, title = {Implicit Bias and Higher Education}, year = {2017}, month = {2017}, address = {Corvallis, OR}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983061, title = {Law, Management, and Strategy: Collapsing Boundaries and Managing the Interstices}, year = {2017}, month = {2017}, address = {Atlanta, GA}, keywords = {Business Law}, author = {Scott,Inara and Sulkowski,Adam and Bagley,Constance and Nelson,J.S. and Shrivastava,Paul and Waddock,Sandra} } @article {1983066, title = {Legislation and Response: Understanding the Role of the Individual in Implementing Social Change Legislation at Work}, year = {2017}, month = {2017}, address = {Atlanta, GA}, keywords = {Business Law}, author = {Scott,Inara} } @inbook {1975061, title = {Off Grid Solar and the Global Compact}, year = {2017}, month = {2017}, address = {Sheffield}, abstract = {In remote rural areas, off-grid solar lighting may be the first step on a path to education and sustainable growth. However, serving this market can be difficult for established businesses accustomed to working in developed markets. This chapter offers research-based insight into the best practices for operating in subsistence markets, with a particular emphasis on how these practices are implemented by enterprises providing off-grid solar lighting.}, keywords = {Business Law}, author = {Scott,Inara} } @article {1975051, title = {Redefining and Regulating the New Sharing Economy}, journal = {University of Pennsylvania Journal of Business Law}, volume = {19}, year = {2017}, month = {2017}, pages = {553-751}, abstract = {While proponents of regulating the sharing economy suggest a need to protect public health, workers, and incumbent businesses, to ensure localities are made whole for the use of public services, opponents of regulation argue that government intervention will stifle innovation and undermine economic and community benefits. The problem with both sides of this argument is that advocates and detractors alike often fail to address the wide differences among the practices and business entities that currently fall under the same umbrella. To address this inappropriate conflation and the resulting confusion among consumers and regulators alike, the goal of this article is to define the sharing economy as it now stands and to create a taxonomy that distinguishes and differentiates the various types of business entities that have been lumped into it. This article then proposes regulatory responses to the differing categories in the taxonomy based on the risks they present.}, keywords = {Business Law}, url = {https://www.law.upenn.edu/journals/jbl/}, author = {Scott,Inara and Brown,Elizabeth} } @article {1983056, title = {Redefining Corporate Social Responsibility in an Era of Globalization and Regulatory Hardening}, year = {2017}, month = {2017}, address = {Savannah, GA}, keywords = {Business Law}, author = {Scott,Inara and Berger-Walliser,Gerlinde} } @article {1983076, title = {Redesigning Corporate Social Responsibility in an Era of Legalization}, year = {2017}, month = {2017}, address = {Vancouver, BC}, keywords = {Business Law}, author = {Scott,Inara and Berger-Walliser,Gerlinde} } @article {1975861, title = {An adaptive management model: A beyond budgeting informed approach}, year = {2016}, month = {2016}, address = {Melbourne, Australia}, keywords = {Accounting, Business Law}, author = {Akroyd,Chris and O{\textquoteright}Grady,Winnie and Scott,Inara} } @article {1975076, title = {Antitrust and Socially Responsible Collaboration: A Chilling Combination?}, journal = {American Business Law Journal}, volume = {53}, year = {2016}, month = {2016}, pages = {97-144}, address = {Malden, MA}, abstract = {Businesses are increasingly using collaboration to address concerns about sustainability, transparency, human rights, and labor conditions in global markets. Such collaborations include the development of certifications and standards, the sharing of information about factories and suppliers, and agreements to share facilities, like less than full delivery trucks. Yet at the same time, federal antitrust policies broadly prohibit agreements that restrain trade or commerce, creating the potential for innovative collaborations to result in legal prosecution. This article applies antitrust law to socially responsible and sustainable business collaboration in an effort to determine whether antitrust law chills potentially beneficial agreements. The article concludes that careful structuring of agreements can avoid many antitrust violations, but also finds that certain types of agreements, including those that could have the most impact on scarce resources and vulnerable commodity producers, are forbidden. Accordingly, this article argues that per se rules forbidding certain practices, including price fixing and resource sharing, be reconsidered in light of current economic and environmental conditions. It also questions certain assumptions about the benefits of competition in light of current environmental, human rights, and sustainability challenges.}, keywords = {Business Law}, url = {http://onlinelibrary.wiley.com/doi/10.1111/ablj.12073/abstract}, author = {Scott,Inara} } @article {1975881, title = {Beyond budgeting and management change: Responding flexibly to environmental turbulence}, year = {2016}, month = {2016}, address = {Monterey, California}, keywords = {Accounting, Business Law}, author = {Akroyd,Chris and O{\textquoteright}Grady,Winnie and Scott,Inara} } @article {1975056, title = {A business model for success: Enterprises serving the base of the pyramid with off-grid solar lighting}, journal = {Renewable \& Sustainable Energy Reviews}, volume = {70}, year = {2016}, month = {2016}, pages = {50-55}, abstract = {Basic electric service is essential to sustainable development, yet for remote rural areas, connecting to an electric grid can be economically and geographically unfeasible. Firms have sought to bring basic electric service to isolated and impoverished rural areas using off-grid solar lights and solar home systems, but often meet challenges common to base of the pyramid (BOP) markets. This article examines the intersection of theories related to successful business models for enterprises serving the base of the pyramid and studies of off-grid renewable energy enterprises. It identifies relevant and overlapping themes, and creates a framework for a successful business model that includes four primary components: community interaction; partnerships; local capacity building; and addressing barriers unique to the off-grid market, including financing, education, and development of distribution networks.}, keywords = {Business Law}, url = {http://www.sciencedirect.com/science/article/pii/S1364032116309315}, author = {Scott,Inara} } @article {1972286, title = {Data Analytics and Consumer Profiling: Finding Appropriate Privacy Principles for Discovered Data}, journal = {Computer Law and Security Review}, volume = {32}, year = {2016}, month = {2016}, pages = {696-714}, abstract = {In Big Data, the application of sophisticated data analytics to very large datasets makes it possible to infer or derive ({\textquotedblleft}to discover{\textquotedblright}) additional personal information about consumers that would otherwise not be known from examining the underlying data. The discovery and use of this type of personal information for consumer profiling raises significant information privacy concerns, challenging privacy regulators around the globe. This article finds appropriate privacy principles to protect consumers{\textquoteright} privacy in this context. It draws insights from a comparative law study of information privacy laws in the United States and Australia. It examines draft consumer privacy legislation from the United States to reveal its strengths and weaknesses in terms of addressing the significant privacy concerns that relate to Big Data{\textquoteright}s discovery of personal data and subsequent profiling by businesses.}, keywords = {Business Law}, url = {http://dx.doi.org/10.1016/j.clsr.2016.05.002}, author = {King,Nancy and Forder,Jay} } @article {1975066, title = {Incentive Regulation, New Business Models, and the Transformation of the Electric Power Industry}, journal = {Michigan Journal of Environmental and Administrative Law}, volume = {5}, year = {2016}, month = {2016}, pages = {319-370}, address = {Ann Arbor, MI}, abstract = {The electric utility sector is in the midst of paradigmatic change. Market forces include decreased load growth and technological advances in distributed energy resources, alongside pressures for decarbonization and demands for increased efficiency and new utility services. Meanwhile, as the utility monopoly is undermined and profits slow, financial analysts signal increasing risk to potential utility investors. Suggestions for changes to the existing regulatory structure abound. At the broadest level, the changes that have been proposed reflect an established divide between energy policy, which traditionally focuses on economics and markets, and environmental law, which is based in the protection of natural resources and ecosystems. This article: 1) identifies regulatory and economic incentives embedded in the current utility system; 2) assesses current market trends and new utility goals; and 3) analyzes the intersection of embedded regulatory incentives and key proposals for regulatory changes in light of the new goals. It finds that proposals for changes to the regulatory structure often fail to account for existing regulatory incentives, and ignore opportunities to use regulatory incentives to modify and incentivize desired utility behavior. It concludes with recommendations for ways to incorporate incentive-based regulation in proposals for new utility regulatory structures.}, keywords = {Business Law}, url = {http://www.mjeal-online.org/}, author = {Scott,Inara} } @article {1979996, title = {Privacy, Consumer Profiling and Big Data}, year = {2016}, month = {2016}, address = {Bloomington, Indiana}, keywords = {Business Law}, author = {King,Nancy and Forder,Jay} } @inbook {1975071, title = {Promise and Peril: National Security and Climate Change}, year = {2016}, month = {2016}, address = {Washington, DC}, abstract = {In this chapter, I explore the national security implications of climate change, with particular attention to the way national security issues may allow for adaptation and mitigation efforts without creating conflict over the source of climate change.}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983091, title = {Toward a Taxonomy of Sharing: Categorizing, Assessing, and Regulating Distinct Aspects of the Sharing Economy}, year = {2016}, month = {2016}, address = {San Francisco, CA}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983101, title = {Antitrust and Socially Responsible Collaboration: A Chilling Combination?}, year = {2015}, month = {2015}, address = {Philadelphia}, keywords = {Business Law}, author = {Scott,Inara} } @article {1975086, title = {Applying Stakeholder Theory to Utility Regulation}, journal = {Ecology Law Currents}, volume = {42}, year = {2015}, month = {2015}, address = {Berkeley, CA}, abstract = {Many in the energy sector are calling for a transformation of the traditional utility model. However, proposals for {\textquotedblleft}Utility 2.0{\textquotedblright} typically maintain the bilateral, adversarial relationship between the utility and its regulator. This article posits that one of the key flaws in the U.S. utility regulatory system is this myopic decision-making process, which limits the potential for consideration of stakeholder interests and more comprehensive systems thinking. While expanding the interests considered by utilities and regulators will not solve other problems embedded in traditional utility regulation, a broadening of the consideration of stakeholder interests will almost certainly allow for more comprehensive long-term planning, greater attention to environmental and other stakeholder concerns, and the potential for transformational policy choices. The article therefore offers a new governance structure that would bring stakeholder interests to the regulatory table and allow utilities and regulators to include these interests in key decision-making contexts.}, keywords = {Business Law}, url = {http://elq.typepad.com/currents/2015/01/applying-stakeholder-theory-to-utility-regulation.html}, author = {Scott,Inara} } @article {1983096, title = {Incentive Regulation, Business Models, and the Transformation of the Electric Power Industry}, year = {2015}, month = {2015}, address = {South Royalton, VT}, keywords = {Business Law}, author = {Scott,Inara} } @article {1975091, title = {Planning for the Future of the Electric Power Sector through Regional Collaboratives}, journal = {The Electricity Journal}, volume = {28}, year = {2015}, month = {2015}, pages = {11}, abstract = {As it undergoes rapid evolutionary change, the electric power sector has become highly fragmented and complex, with divided responsibilities, lopsided investments, and insufficient coordination to set goals and meet them. The use of regional collaborative governance structures might reimagine the goals and governance of the sector.}, keywords = {Business Law}, url = {http://www.sciencedirect.com/science/journal/10406190}, author = {Scott,Inara and Bernell,David} } @article {1972291, title = {Privacy versus Reward: Do Loyalty Programs Increase Consumers{\textquoteright} Willingness to Share Personal Information with Third-party Advertisers and Data Brokers?}, journal = {Journal of Retailing and Consumer Services}, year = {2015}, month = {2015}, abstract = {Empirical study shows U.S. online shoppers significantly identify third-party advertisers and data brokers as separate agents and display different attitudes toward sharing their PI in the context of online retailing. Applying Westins{\textquoteright} Privacy Segmentation Index, the results showed that enrollment in multiple loyalty programs significantly predicts Privacy Pragmatic shoppers{\textquoteright} willingness to share personal information, while consumer commitment significantly increases both the Privacy Unconcerned and Pragmatist groups{\textquoteright} willingness to share. Conversely, this is not the case for Privacy Fundamentalists. Age and gender also played important roles in predicting consumers{\textquoteright} willingness to share their PI with advertisers and data brokers.}, keywords = {Business Law}, author = {Jai,Tun-Min (Catherine) and King,Nancy} } @article {1975081, title = {A Response to the IPCC Fifth Assessment}, journal = {Environmental Law Reporter}, volume = {45}, year = {2015}, month = {2015}, pages = {1002710048}, address = {Washington, DC}, abstract = {In this article, the authors respond to various sections of the Intergovernmental Panel on Climate Change{\textquoteright}s Fifth Assessment.}, keywords = {Business Law}, url = {elr.info}, author = {Adams-Schoen,Sarah J and Badrinarayana,Deepa and Carlarne,Cinnamon and Craig,Robin Kundis and Dernbach,John C. and Hirokawa,Keith H. and Klass,Alexandra B. and Kuh,Katrina Fischer and Miller,Stephen R. and Owley,Jessica and Roesler,Shannon and Rosenbloom,Jonathan and Scott,Inara and Takacs,David} } @article {1983106, title = {Social enterprise and local entrepreneurship: bringing energy to developing nations}, year = {2015}, month = {2015}, address = {Storrs, CT}, keywords = {Business Law}, author = {Scott,Inara} } @article {1972306, title = {2013 CLSR-LSPI Seminar on Electronic Identity , The Global Challenge}, journal = {Computer Law and Security Review}, volume = {30}, year = {2014}, month = {2014}, pages = {112-125}, abstract = {I was the sole-author on Section 6 of this article; my section is titled "Linking Offline and Online Identities: Mobility and Identity. I prepared Section 6 of this article for a seminar presented at the 8th international conference on Legal, Security and Privacy Issues in IT law (LSPI), November 2013, Bangkok. Each seminar presenter prepared a draft of their section of the article in advance of the seminar, presented the topic for their section, and prepared a final version of their section of the article. All sections were combined by the Seminar Chair and published in the Computer Law and Security Review as a combined article.}, keywords = {Business Law}, author = {Saxby,Steve and King,Nancy} } @article {1972296, title = {For Privacy{\textquoteright}s Sake: Consumer "Opt Outs" for Smart Meters}, journal = {Computer Law and Security Review}, volume = {30}, year = {2014}, month = {2014}, pages = {pp. 530-539}, keywords = {Business Law}, author = {King,Nancy and Jessen,Pernille W} } @article {1983111, title = {Keeping the Lights on: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity}, year = {2014}, month = {2014}, address = {Seattle, WA}, keywords = {Business Law}, author = {Scott,Inara} } @article {1975096, title = {Keeping the Lights On: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity}, journal = {Energy Law Journal}, volume = {35}, year = {2014}, month = {2014}, pages = {415-446}, address = {Tulsa, OK}, abstract = {Strikes or lockouts at an electric utility can lead to delayed maintenance in the best case, or blackouts in the worst. In a society dependent on electricity for everything from health care to safe drinking water, a disruption in utility service could cause untold damage. Yet thanks to the expansive doctrine of preemption under the National Labor Relations Act (NLRA), many public utility commissions ({\textquotedblleft}PUCs{\textquotedblright}){\textemdash}the state entities that regulate electric utilities{\textemdash}have concluded that they are prohibited from intervening in labor disputes, even when public safety is threatened. Given the magnitude of harm that could be caused by electric service disruptions, clarification of PUCs{\textquoteright} authority is necessary. This article analyzes the extent to which state agencies retain the power to regulate utilities and protect their citizens, even when their actions may, either directly or indirectly, impact collective bargaining or alter the balance of power between labor and management. The article illustrates the authority of state utility regulators to set service and safety standards, oversee utility staffing, and intervene in labor disputes. In addition, the article proposes a re-thinking of NLRA preemption doctrine as applied to electric utilities, and suggests possible reforms to accommodate the role electricity plays in today{\textquoteright}s society.}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983126, title = {Keeping the Lights on: Examining and Re-Imagining NLRA Preemption in a Time of Electric Necessity}, year = {2014}, month = {2014}, address = {Monteray, CA}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983116, title = {Mandatory Adoption of Stakeholder Review Processes to Improve Sustainability and Responsiveness of Utility Governance}, year = {2014}, month = {2014}, address = {Seattle, WA}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983121, title = {Mandatory Adoption of Stakeholder Review Processes To Improve Sustainability and Certainty of Utility Resource Acquisition}, year = {2014}, month = {2014}, address = {Portland, OR}, keywords = {Business Law}, author = {Scott,Inara} } @article {1980001, title = {Privacy versus Reward: Do Loyalty Programs Increase Consumers{\textquoteright} Willingness to Share Personal Information with Third-party Advertisers and Data Brokers?}, year = {2014}, month = {2014}, address = {Dallas, Texas}, keywords = {Business Law}, author = {Jai,Tun-Min (Catherine) and King,Nancy} } @article {1972301, title = {Smart Metering Systems and Data Sharing: Why Getting a Smart Meter Should Also Mean Getting Strong Information Privacy Controls to Manage Data Sharing}, journal = {International Journal of Law and Information Technology}, volume = {22}, year = {2014}, month = {2014}, pages = {215-253}, abstract = {Smart meters are being installed in consumers{\textquoteright} homes as the world moves to the smartgrid of intelligent energy networks. Smart meters are near real-time communication devices that can collect and communicate a vast amount of personal data about each customer{\textquoteright}s energy use. Questions about who should have access to such data and for what purposes raise significant consumer privacy concerns about data sharing. Because data sharing facilitates secondary uses of energy use data and is essential for third party access to the data, data sharing is a critical activity that needs to be analysed from an information privacy perspective. This article makes three important contributions. First, it identifies the key privacy and data protection concerns for both the EU and USA consumers related to data sharing in smart metering systems. Second, it provides a comparison of EU and US privacy and data protection law as it applies to smart metering systems, revealing gaps in coverage in both systems. Third, it explains how important privacy concerns related to data sharing are being addressed in the EU and the USA, including specific examples of legislation and self-regulatory mechanisms that have been adopted to protect privacy in smart metering systems. From this comparative analysis, potential privacy-enhancing solutions can be identified. Ultimately it will be up to government regulators and industry to adopt local solutions, but the goal of this article is to encourage adoption of regulatory solutions and industry best practices that are consistent with privacy rights and information privacy principles. }, keywords = {Business Law}, author = {King,Nancy and Jessen,Pernille W.} } @article {1975101, title = {Teaching an Old Dog New Tricks: Adapting Public Utility Commissions to Meet Twenty-First Century Climate Challenges}, journal = {Harvard Environmental Law Review}, volume = {38}, year = {2014}, month = {2014}, address = {Boston, MA}, abstract = {Climate change and efforts to address it have put the electric utility system under increasing pressure to adapt and evolve. Key to the success of these efforts will be the support of public utility commissions, the state agencies that oversee retail electric utilities. In an effort to determine how these commissions will make decisions, this article explores the history, enabling legislation, and jurisdiction of commissions. It concludes that the authority and purpose of commissions has been narrowly defined to focus almost exclusively on short-term rate impacts to current utility customers, and as a result, efforts to reduce greenhouse gas emissions, modernize or transform the electric grid, or expand the path for new technologies such as electric vehicles, will not come from commissions, and in fact may be blocked by the same. Accordingly, the article offers options for modernization, ultimately recommending a melding of economic and environmental goals through a long-term planning process that balances cost and risk, yet remains squarely within the jurisdiction and historical purpose of the regulatory commission.}, keywords = {Business Law}, author = {Scott,Inara} } @article {1983136, title = {Creating A 21st Century Public Utility Commission}, year = {2013}, month = {2013}, address = {Monterey, CA}, keywords = {Business Law}, author = {Scott,Inara} } @conference {1984946, title = {Creating a Twenty-First Century Public Utility Commission}, booktitle = {2013 Western Academy of Legal Studies in Business Conference Proceedings}, volume = {n/a}, year = {2013}, month = {2013}, address = {Fresno, CA}, abstract = {Climate change and efforts to address it have put the electric utility system is under increasing pressure. New policy activities include efforts to increase the penetration of renewable resources, update aging transmission and distribution system infrastructure and transition to a more distributed generation model. Key to the success of these initiatives will be the support of public utility commissions{\textemdash}the state agencies that oversee retail electric utilities. In an effort to determine how these commissions will make decisions, this article explores the history, enabling legislation, and jurisdiction of commissions. It concludes that the authority and purpose of commissions has been narrowly interpreted to focus almost exclusively on short-term rate impacts to utility customers. As a result, efforts to reduce greenhouse gas emissions, modernize or transform the grid, or expand the path for new technologies such as electric vehicles, will not come from commissions, and in fact may be blocked by the same. Accordingly, the article offers options for modernization, ultimately recommending a melding of economic and environmental goals through a long-term planning process that balances cost and risk, yet remains squarely within the jurisdiction and historical purpose of the regulatory commission.}, keywords = {Business Law}, url = {http://www.alsb.roundtablelive.org/Resources/Documents/2012-WALSB-Conference\%20Registration\%20Form.pdf}, author = {Scott,Inara} } @article {1983141, title = {{\textquotedblleft}Dancing Backward in High Heels": Examining and Addressing the Disparate Regulatory Treatment of Energy Efficiency and Renewable Resources}, year = {2013}, month = {2013}, address = {Palm Springs, CA}, keywords = {Business Law}, author = {Scott,Inara} } @article {1975106, title = {"Dancing Backward in High Heels": Examining and Addressing the Disparate Treatment of Energy Efficiency and Renewable Resources}, journal = {Environmental Law}, volume = {42}, year = {2013}, month = {2013}, address = {Lewis and Clark Law School, Portland, OR}, abstract = {Both energy efficiency and renewable resources offer significant benefits to utilities, their customers, and society as a whole. Yet energy efficiency programs face formidable barriers to adoption that renewable resources do not. While both renewable and efficiency resources have received significant funding in recent years, government support for renewables continues to dwarf that for efficiency measures, and regulatory policies consistently discourage utilities from investing in efficiency measures even while they incentivize investment in renewables. This Article examines the parallel development of renewable resource and energy efficiency programs within utilities, compares the differing treatment of each, and offers concrete recommendations for enhancing energy efficiency adoption by modifying existing policies to more closely resemble those applied to renewable resources. The Article concludes that the historic disincentives to implementing efficiency policies can be remedied by: 1) updating ratemaking structures to ensure utilities can recover and earn on efficiency investments; 2) streamlining cost effectiveness tests that presently encourage utilities to underestimate and under-invest in efficiency programs; and 3) addressing market barriers by strengthening consumer incentives and market transformation efforts.}, keywords = {Business Law}, url = {http://law.lclark.edu/law_reviews/environmental_law/}, author = {Scott,Inara} } @article {1980016, title = {Data sharing in smart metering systems - consumer privacy concerns}, year = {2013}, month = {2013}, address = {Aarhus, Denmark}, keywords = {Business Law}, author = {King,Nancy and Jessen,Pernille Wegener} } @article {1969546, title = {The Effect of Behavioral Tracking Practices on Consumers{\textquoteright} Shopping Evaluations and Repurchase Intention toward Trust Online Retailers}, journal = {Computers in Human Behavior}, volume = {29}, year = {2013}, month = {2013}, pages = {901-909}, address = {Elsevier}, abstract = {The study applies the Stimulus-Organism-Response (SOR) model and Social Contract Theory to investigate the effect of behavioral practices scenarios (stimulus) on consumers{\textquoteright} evaluations of their online shopping experiences (internal organism) and repurchase intention toward online retailers (external response). The findings suggest there is a disconnect between online shoppers and their trusted online retailers regarding the information collected from online shoppers since, currently, sharing of information collected from customers within affiliates or even with third-party companies
such as networking advertising associations for secondary uses (e.g. targeted advertising) is a fairly common practice in the marketing field. Left unresolved, this disconnect may undermine consumers{\textquoteright} repurchase intention toward the retailers and potentially injure the social contract between retailers and their customers. These findings are significant for the online retailing industry, consumers and public policy makers.
}, keywords = {Business Law, Design Program}, author = {Jai,Tun-Min and Burns,Leslie and King,Nancy} } @article {1980006, title = {For Privacy{\textquoteright}s Sake: Consumer "Opt Outs" for Smart Meters}, year = {2013}, month = {2013}, address = {Bangkok, Thailand}, keywords = {Business Law}, author = {King,Nancy and Jessen,Pernille W} } @article {1980011, title = {Linking Offline and Online Identities: Mobility and Identity}, year = {2013}, month = {2013}, address = {Bangkok, Thailand}, keywords = {Business Law}, author = {King,Nancy} } @article {1983131, title = {Teaching an Old Dog New Tricks: Creating a Twenty-First Century Public Utility Commission}, year = {2013}, month = {2013}, address = {Boston}, keywords = {Business Law}, author = {Scott,Inara} } @article {1972311, title = {What Do They Know About Me In The Cloud? A Comparative Law Perspective On Protecting the Privacy and Security of Sensitive Consumer Data}, journal = {American Business Law Journal}, volume = {50}, year = {2013}, month = {2013}, pages = {413-482}, address = {Wiley Periodicals, Inc., Malden, MA}, abstract = {How much does the cloud know about us? Should we care? In cloud computing, sensitive personal data flows in a global network of internet connected computers, creating attractive targets for hackers, challenging law enforcement and raising concerns about government surveillance. From an information privacy perspective, this article discusses how well the management information systems practices and laws in the United States and Europe protect the privacy and security of sensitive consumer data in the cloud. It examines policies and proposed regulations and makes suggestions for legal reforms in both jurisdictions to protect the privacy and security of sensitive information.}, keywords = {BIS, Business Law}, author = {King,Nancy and Raja,V.T.} } @article {1972316, title = {Protecting the Privacy and Security of Sensitive Customer Data in the Cloud}, journal = {Computer Law and Security Review}, volume = {28}, year = {2012}, month = {2012}, pages = {308-319}, address = {Oxford}, abstract = {The global ubiquity of cloud computing may expose consumers{\textquoteright} sensitive personal data to significant privacy and security threats. A critical challenge for the cloud computing industry is to earn consumers{\textquoteright} trust by ensuring adequate privacy and security for sensitive consumer data. Regulating consumer privacy and security also challenges government enforcement of data protection laws that were designed with national borders in mind. From an information privacy perspective, this article analyses how well the regulatory frameworks in place in Europe and the United States help protect the privacy and security of sensitive consumer data in the cloud. It makes suggestions for regulatory reform to protect sensitive infomraiton in cloud computing environments and to remove regulatory constraints that limit the growth of this vibrant new industry.}, keywords = {BIS, Business Law}, url = {www.Sciencedirect.com}, author = {King,Nancy and Raja,V.T.} } @article {1970416, title = {If Japan Signs the Hague Convention on International Child Abduction: Real Change or Political Maneuvering?}, journal = {Oregon Review of International Law}, year = {2011}, month = {2011}, keywords = {Business Law, Management}, author = {Costa,Jennifer} } @article {1972321, title = {Why Privacy Discussions about Pervasive Online Customer Profiling Should Focus on Expanding Roles of Third-Parties}, journal = {International Journal of Private Law}, volume = {4}, year = {2011}, month = {2011}, pages = {193-229}, address = {Interscience Enterprises, Ltd, Geneva}, abstract = {Abstract: Network advertising associations, consumer databases, data mining services and advertising exchanges play important roles in the online behavioural advertising industry. The participation of such third-party businesses in consumer profiling and generating targeted direct marketing communications raises significant consumer privacy and data protection concerns. This article analyzes the regulatory framework s of the European Union and the United States and legal developments on this topic to assess how well consumers{\textquoteright} privacy concerns are being addressed. It then provides recommendations for regulatory reform specific to third-party involvement in the behavioural advertising industry to enhance consumers{\textquoteright} privacy and data protection.}, keywords = {Business Law}, url = {www.inderscience.com}, author = {King,Nancy} } @article {1972331, title = {Profiling the Mobile Customer: Is Industry Self-Regulation Adequate to Protect Consumer Privacy When Behavioural Advertisers Target Mobile Users?}, journal = {Computer Law and Security Review}, volume = {26}, year = {2010}, month = {2010}, pages = {595-612}, address = {Oxford}, abstract = {Mobile customers are increasingly confronted with behavioural advertising targeted individually on the basis of profiles generated by applying technologies to mine databases containing personally-identifying or anonymous data. This article is the second in a two part series on {\textquotedblleft}Profiling the Mobile Customer.{\textquotedblright} The first article identified privacy gaps in the existing regulatory frameworks in the EU and the U.S. that need to be closed to protect consumers{\textquoteright} privacy and personal data. This second article examines alternative approaches to protect consumers{\textquoteright} privacy that include legislation, industry self-regulation and privacy-enhancing technologies. Concluding that neither industry self-regulation nor available privacy-enhancing technologies will be adequate to close the gap, this article points out important subject matters that need to be fully tackled by regulators in the EU and U.S. and offers suggestions about how to do this.}, keywords = {Business Law}, url = {www.sciencedirect.com}, author = {King,Nancy and Jessen,Pernille Wegener} } @article {1972326, title = {Profiling the Mobile Customer: Privacy Concerns When Behavioural Advertisers Target Mobile Phones}, journal = {Computer Law and Security Review}, volume = {26}, year = {2010}, month = {2010}, pages = {455-478}, address = {Oxford}, abstract = {Mobile customers are increasingly confronted with behavioural advertising targeted individually on the basis of profiles generated by applying technologies to mine databases containing personally-identifying or anonymous data. This article is Part I of a two part series on {\textquotedblleft}Profiling the Mobile Customer{\textquotedblright}. Part I answers the questions: {\textquotedblleft}What is profiling in the context of behavioural advertising?{\textquotedblright} and {\textquotedblleft}How will consumer profiling impact the privacy of mobile customers?{\textquotedblright}. The article examines the EU and U.S. regulatory frameworks for protecting privacy and personal data in regards to behavioural advertising that targets mobile customers. It identifies potential harms to privacy and personal data related to profiling for behavioural advertising. It evaluates the extent to which the existing regulatory frameworks in the EU and the U.S.provide an adequate level of protection. Consequently, the article identifies the privacy gaps in the regulatory frameworksthat will need to be addressed to adequately protect mobile consumers from profiling by marketers. Part II of Profiling the Mobile Customer that will appear in the next volume of the CLSR. It will discuss whether industry self-regulation or privacy enhancing technologies will be adequate to protect consumer privacy, or rather, whether new legislation will be necessary.}, keywords = {Business Law}, url = {www.Sciencedirect.com}, author = {King,Nancy and Jessen,Pernille W.} } @article {1980946, title = {The Value of a Liberal Arts Component for Business Law Education}, year = {2006}, month = {2006}, address = {Portland Oregon}, keywords = {Business Law}, author = {Lykins,Dan} } @booklet {1984951, title = {Requests for Production: Inspections; Physical and Mental Examinations}, year = {2004}, month = {2004}, keywords = {Business Law}, author = {Scott,Inara and Sandmire,Michael "Sam"} } @article {1980961, title = {The Bush Doctrine of Preemptive War: a Radical Departure from Traditional American Foreign Policy}, year = {2003}, month = {2003}, address = {Corvallis, OR}, keywords = {Business Law}, author = {Lykins,Dan} } @article {1980956, title = {A Consideration of the Patriot Act and the Constitutional Separation of Powers}, year = {2003}, month = {2003}, address = {Corvallis, OR}, keywords = {Business Law}, author = {Lykins,Dan} } @booklet {1984956, title = {Defining {\textquoteleft}Employee{\textquoteright}: Supreme Court Resolves Question in Clackamas v. Wells}, volume = {32}, year = {2003}, month = {2003}, pages = {7}, keywords = {Business Law}, author = {Scott,Inara} } @booklet {1984961, title = {Section of Environment, Energy and Resources}, year = {2003}, month = {2003}, keywords = {Business Law}, author = {Scott,Inara} } @article {1980951, title = {War, Dissent and the Supreme Court}, year = {2003}, month = {2003}, address = {Corvallis, OR}, keywords = {Business Law}, author = {Lykins,Dan} } @article {1984966, title = {Got Mold? An Introduction to Mold Litigation}, year = {2002}, month = {2002}, keywords = {Business Law}, author = {Scott,Inara} } @booklet {1984971, title = {A Window for Change: Conflicting Ideologies and Legal Reforms in Late Nineteenth-Century Oregon}, year = {2001}, month = {2001}, keywords = {Business Law}, author = {Scott,Inara} } @booklet {1984976, title = {The Inter-American System of Human Rights: An Effective Means of Environmental Protection?}, year = {2000}, month = {2000}, keywords = {Business Law}, author = {Scott,Inara} } @article {1968766, title = {Morality Appraisals in Consumer Responsibilization}, journal = {Journal of Consumer Research}, month = {2023 In Press}, abstract = {Abstract: In recent decades, U.S. {\textquotedblleft}pro-gun{\textquotedblright} lobbying groups, politicians, courts, and market actors have sought to responsibilize U.S. consumers to use firearms to address the societal problem of crime. These responsibilization efforts center an interpretation of the constitutional right to keep and bear arms as an entitlement for individuals to engage in armed protection from criminals. Using interview and online discussion data, this research investigates consumers{\textquoteright} responses to responsibilization for this morally fraught set of behaviors, and the role of consumers{\textquoteright} various understandings of the right to bear arms in these responses. Findings show that acceptance of responsibilization is a matter of proportionality; consumers accept responsibilization for a proportion of specific armed protection scenarios and reject it for the remainder. Acceptance is determined by their appraisals of the morality of the responsibilization sub-processes (Giesler \& Veresiu 2014). Consumers{\textquoteright} understanding of the constitutional right serves as a heuristic in these appraisals, with some understandings leading consumers to accept responsibilization across a much larger proportion of scenarios than others. Contributions include illustrating response to responsibilization as a proportionality; illuminating consumers{\textquoteright} active role in appraising responsibilizing efforts; and demonstrating how some consumers come to understand a responsibilized behavior as a moral entitlement.

}, keywords = {Business Law, Marketing}, author = {Barnhart,Michelle and Huff,Aimee and Scott,Inara} } @article {1974986, title = {Watered Down Voices, Watered Down Justice: A Demand for Polycentricism, Demosprudence, and Praxis in WOTUS Regulatory Reform}, journal = {Georgetown Environmental Law Review}, volume = {34}, month = {2021 In Press}, abstract = {For decades, science has demonstrated that discrete populations have been disproportionately forced to suffer the horrors of living in areas contaminated by toxic and hazardous substances. Communities of color, indigenous communities, and other marginalized communities continuously endure the effects of multigenerational water, air, and land pollution. Whether intentionally or not, EPA and regulatory elites have promulgated so-called {\textquotedblleft}neutral rules{\textquotedblright} that have resulted in a systemic and ever-expanding national environmental caste. For this to end, EPA must stop being a knowing or unknowing participant in regulatory oppression and become an active agent of regulatory change.
EPA is required to take environmental justice concerns into account when promulgating new regulations; amplifying the voices of traditionally subordinated affected communities is an essential element of this goal. Nevertheless, EPA lacks a systematic method to incorporate direct outreach to and engagement of impacted communities, and has no detailed outline or specific strategy to ensure that the voices of impacted communities are heard. Thus, the Trump Administration was able to promulgate new regulations related to the definition of {\textquotedblleft}waters of the United States{\textquotedblright} (WOTUS) that are likely to have significant negative impacts on water quality, much of which will be borne by disenfranchised communities, while affording those communities little to no voice in the regulatory process.
This Article maintains that the Biden EPA should adopt a sociolegal approach, informed by the theoretical principles of polycentrism and demosprudence, to address systematic and decades-long environmental injustices. This approach would help shift and redistribute power from environmental regulatory elites to the people most affected by environmental harms. Using the case study of WOTUS regulatory reform, we argue that the Biden EPA has a perfect opportunity to create a more inclusive regulatory process that expands the power of historically disenfranchised people, while addressing known harms that will result from the current regulations. The Biden EPA could use WOTUS reform to establish a new paradigm for expanding the power of non-elites and create a model for a more equitable form of regulatory decision-making and a more democratic form of governance.}, keywords = {Business Law}, author = {McCrory,Martin and Scott,Inara and Raymond,Angie and Levy,Paul} }