Internet Legal Environment of Business, Paradigm Press, 2000

Business Law: A Streamlined Course for Students & Business People (with John W. Hardwicke). Barron's Educational Series, Inc., 1987 & 2nd ed. 1992 & 3rd ed. 1997 (611 pages)

Business Law The Easy Way, Barron's Educational Series, Inc., 1994 (262 pages)

Legal Environment of Business Teaching Materials, Univ. of Florida: Completely revised and updated each semester: Fall 1992; Spring 1993; Summer 1993; Fall 1993; Spring 1994; Summer 1994; Fall 1994; Spring 1995;Summer 1995; Fall 1995; Spring 1996; Summer 1996; Fall 1996; Spring 1997; Summer 1997; Fall 1997; Spring 1998; Summer 1998; Fall 1998; Spring 1999; Summer 1999; Fall 1999; Spring 2000

Presently about 950 pages of materials, in 3 Volumes - (1) Course Materials (the Lecture Outline and other information); (2) Law, Ethics, Forms, and Coursework: Supplemental Materials; and (3) Test Bank

Business Law Teaching Materials, Johns Hopkins University, 1983, 1986 & 1987 (approx. 125-190 pages)

Book Chapters 

The Portable Franchise Lawyer, American Bar Association, Forum on Franchising (to be published in 2000) - Indiana Law

Webpage

http://www.cba.ufl.edu/classes/bul4310/  

(since Feb. 1997) - includes numerous updates, a class forum, a test study forum, and a general bulletin board; the "Emerson on Law" archives includes over 240 articles, examples, and other work by Robert Emerson

Testimony

Expert Witness (Invited by the Committee) before the U.S. House of Representatives' Committee on Small Business, Hearing on June 30, 1994, "Self Regulation of Franchising: The IFA Code of Ethics" - Author of Written Testimony (pages 38-70) as well as furnishing of oral statement (pages 4-7) and testimony (pages 21-35) in response to questions from the Committee (U.S. Gov't Printing Office, Washington: Serial No. 103-92 (1995)) 1994 WL 14189746, 313442 (F.D.C.H.) (103rd Cong, 2d Sess.) (written testimony of Robert W. Emerson) (51 pages); cited, inter alia, at 20 Okla. City U. L. Rev. 241, n.225 (1995)

Study

Automobile Insurance Fraud (Fla. Insurance Research Ctr., 1991), 485 pages cited in various newspapers and trade journals

Articles

"Franchise Terminations: Legal Rights and Practical Effects When Franchisees Claim the Franchisor Discriminates," 35 American Business Law Journal 559-645 (1998)

Academy of Legal Studies in Business Best Article Award; cited in "Worth Reading," 21 National L.J., March 15, 1999, at B6 - "Contract Litigation"; 33 N. Eng. L. Rev. 265, n. 540 (1999)

"Franchise Selection and Retention: Discrimination Claims and Affirmative Action Programs," 40 Arizona Law Review 511- 613 (1998)

Academy of Legal Studies in Business Best Article Award; cited in "Worth Reading," 21 National L.J., Oct. 12, 1998, at B4 - "Affirmative Action"; 33 N. Eng. L. Rev. 265, n. 540 (1999); Illinois Compiled Statutes Annotated, Chapter 815, Act 710 (May 28, 1999)

"Responding to a Franchisor That Curtails Its Services," The Franchise Handbook (Winter 1997)

"It's Time to Reform Franchise Noncompete Clauses," The Franchise Handbook (Winter 1996)

"Franchising Covenants Against Competition," 80 Iowa L. Rev. 80 Iowa Law Review 1049-1107 (1995) (also accepted, inter alia, at Yale Law and Policy Rev.) offered Best Article Award, Academy of Legal Studies in Business; cited inter alia, in "Worth Reading," 18 National L.J., No. 30, at B9 - "Property Rights," March 25, 1996; 28 Cumb. L. Rev. 473, 485, nn. 84-85 & 324 (1998); 23 Wm. Mitchell L. Rev. 107, nn. 1, 133 (1997)

"Congressional Hearings: Small Business," Leader's Franchising Business & Law Alert (Oct. 1994)

"Franchise Contract Clauses and the Franchisor's Duty of Care Toward Its Franchisees," 72 North Carolina Law Review 905-975 (1994) cited, inter alia, in 33 N. Eng. L. Rev. 265, n. 542 (1999); 80 Iowa L. Rev. 333 (1995) (cited throughout the article); Franchising Bus. & Law Alert, Feb. 1995, at 1; 23 Hofstra L. Rev. 913, n.34 (1995); West’s Legal News 24 (Jan. 4, 1996 - 1996 WL 257777); 101 Dickinson L. Rev. 137, at n.160 (1996); 62B American Jurisprudence, Private Franchise Contracts, ' 348 (1997); 11 Insights, No. 2, 9, at nn.7, 12 & 24 (1997); 10 N.Y. Int'l L. Rev. 7, at n.293 (1997); HAROLD BROWN, FRANCHISING LAW AND REMEDIES (1999 rev. ed.); in a concurring opinion of the Chief Judge for the highest court in New York state, in A.J. Temple Marble & Tile, Inc. v. Union Carbide Marble Care, Inc., 663 N.E.2d 890, 896 (N.Y. Ct. App. 1996)

"The Franchisee's Response to a Franchisor that is Curtailing its Services," 3 Southeastern Journal of Legal Studies in Business 93 (1994)

"The Professor as Performer: Teaching Legal Studies Megasections," 12 J. Legal Studies Educ. 261-297 (1994)

"Franchising and Consumers' Beliefs About `Tied' Products: The Death Knell for Krehl?", 45 Univ. of Florida Law Review 163-200 (1993) nominated for prize as best marketing law article in United States for 1993-94; cited in 15 United States Code Annotated '' 1, 14, 1051, 1055 & 1127 (1999)

"Insurance Adjusters and Plaintiffs' Attorneys: From Claims Fraud Consensus to Settlement Reform," 30 American Business Law Journal 537-605 (1993) Academy of Legal Studies in Business Best Article Award; reprinted in 43 Defense L.J. 43-111 (Spring 1994) cited, inter alia, in "Worth Reading," 16 National L.J., Sept. 27, 1993, at 54 - "Insurance Law" and "Legal Profession"; 25 Texas Tech. Law Review 985, 1015 n.234, 1016 n.246 (1994); 46 Baylor L. Rev. 1111, 1145 n.143 (1994); 37 Tex. Sup. Ct. J. 408 (Jan. 12, 1994); 26 Texas Tech. L. Rev. 169, n.155 (1995); 25 Seton Hall L. Rev. 1219, n.3, n.9 (1995); 10 Ohio St. J. on Disp. Resol. 509, 558 (1995); 28 Loy. U. Chi. L.J. 95, n.105 (1996); U. Hawaii L. Rev. 845, nn. 7 & 22 (1997)

"Franchisors' Liability When Franchisees Are Apparent Agents: An Empirical and Policy Analysis of `Common Knowledge' About Franchising," 20 Hofstra Law Review 609-85 (1992) (also accepted, inter alia, at Villanova Law Rev.) cited, inter alia, in Howell v. Chick-Fil-A, Inc., 127 Labor Cases & 33,051, 1993 WL 603296, *2 (U.S. Dist. Ct., N.D. Fla., Nov. 1, 1993); in briefs before the Ohio Supreme Court and Maryland's highest court; in 209 N.Y.L.J. No. 76, at 3 n.2 (April 22, 1993); in 32 American Business Law J. 355, n.53 (1995); 47 U. Fla. L. Rev. 147, nn. 24-26 & 69 (1995); West’s Legal News 5406 (June 10, 1996 - 1996 WL 30758); 23 Fla. St. U.L. Rev. 837 (1996) (cited throughout the article); 20 Campbell L. Rev. 91, n. 11 (1997); 27 SW U. L. Rev. 353, n. 1 (1997); 72 S. Cal. L. Rev. 1, n.2 (1998); 49 Case Western Res. L. Rev. 671, at *87 Westlaw (1999); 18 Va. Envtl. L.J. 1, at n. 92 (1999); O'Banner v. McDonald's Corp., 670 N.E.2d 632, 635 (Ill. 1996) (Chief Justice's dissenting opinion); N.Y. Gen. Bus., Ch. 20, Art. 33 - Franchises (Supp. Practice Commentary), N.Y. Gen. Bus., Ch. 20, Art. 26, ' 394-d (1999); 3 Texas Jurisprudence, Agency ' 207 n. 51 (3d ed. 1996); the featured article in the "Editor's Column," 12 Franchise Law Journal 98, 98 & 112 (1993), the leading journal for franchise law practitioners - referring to the article as "ground- breaking" and "a giant step forward"

"Insurance Claims Fraud Problems and Remedies," 46 U. Miami Law Review 907-73 (1992) cited, inter alia, in "Worth Reading," 15 National L.J., April 12, 1993, at 27 - "Insurance Law"; in Triplett v. St. Amour, 507 N.W.2d 194, 208, 210 (Mich. 1993) (dissenting opinion, joined by two other judges); 52 Maryland Law Review 983, 1011 n.154 (1993), in Focus on Insurance Fraud: An Issues Roundtable 11 (Coalition Against Insurance Fraud, Wash., D.C., Oct. 7, 1993), in proposed legislation by the Coalition Against Insurance Fraud, and in insurance industry speeches - e.g., William R. Schroeder, Vice President, Claims, Alliance of Am. Insurers, "Detecting Fraud Before It Occurs," before the Int'l Ctr. for Quality & Productivity (March 30, 1993); 30 Akron L. Rev. 153, nn.99-100 & 105 (1996); 74 Tex. L. Rev. 1361, n.41 (1996); 15 J. Insurance Reg. 451 (1997) 75 Denver U. L. Rev. 1003, nn. 174-175 (1998); 48 Am. U. L. Rev. 271, 358 n. 113 (1998)

"Rule 2(e) Revisited: SEC Disciplining of Attorneys Since In re Carter" - 29 American Business Law Journal 155- 267 (1991) (also accepted at Hofstra L. Rev. & other journals) Academy of Legal Studies in Business (American Business Law Association) Best Article Award; used in securities law courses & cited, inter alia, in 46 Vand. L. Rev. 75, 83 n.26 (1993), 48 Bus. Law. 1543, 1543 n.1 (1993), 44 Hastings L.J. 1159, 1175 n.90, 1175-76 & nn.96-99, 1181 & 1181 nn.130-132 (1993); 210 N.Y.L.J. No. 59, at 5 nn. 6 & 17 (Sept. 23, 1993); 44 Case Western L. Rev. 665, 710 nn.159-160 (1994); Deborah L. Rhode, "Institutionalizing Ethics," 871 PLI/Corp. 329 n.159 (1994); 36 South Texas L. Rev. 715, n.261 (1995), 63 Fordham L. Rev. 2227, n.32 (1995); 9 Georgetown Immigration L.J. 719, n.149 (1995); 50 SMU L. Rev. 225, nn.29 & 125-26 (1996); 65 Fordham L. Rev. 149, n.19, 73, 166-67 & 169-71 (1996); 580 PLI/Litigation (and 14 PLI/NY) 751 nn. 24-27, 30-31 & 49 (1998); 1093 PLI/Corp. 471 nn. 17- 18, 21, 97 & 100 (1999);

"The Law and Franchisee Associations," Franchise Update (March 1991)

"Franchising and the Collective Rights of Franchisees," 43 Vanderbilt Law Review 1503-67 (October 1990) cited in, inter alia, 74 Marquette Law Rev. 57, 71 n.63 (1990); 60 Rev. Jur. U. Puerto Rico 905, 908 (1991); 81 Georgetown Law Journal 39, 41 n.12, 95 n.83 (1992); 12 Franchise Law J. 33, 57-58, & 63 nn.56 & 70 (1992); 13 Franchise Law J. 37, 58, 62, 66, 67 nn.10 & 38, 68 nn.74-76 (1993); 25 Case Western Reserve J. of Int'l Law 79, 82 n.11, n.83 (1993); 18 J. Corp. Law 245, n.10 (1993); 62 Fordham Law Rev. 597, 642 n.200 (1993); Franchise Law Bibliography (ed. Michael J. Lockerby) (2d ed. 1993), and the Tennessee Franchise Act, TENN. CODE '' 47-25-624, 47-25-1503 & 55-17-114 (1998) (annot.); 19 Okla. City U. L. Rev. 489, nn. 30, 91, 94, 136 & 149 (1994); 19 J. Corp. L. 607, nn. 206, 208, 209, 214, 217 (1994); 14 Franchise Law J. 62, 86 n.9 (1995); 80 Iowa Law Review 333 (1995) (cited throughout the article); 25 Hofstra L. Rev. 353 nn. 12 & 56 (1996); 62 American Jurisprudence, Private Franchise Contracts, ' 797 (Cumulative Supplement 1996); HAROLD BROWN, FRANCHISING LAW AND REMEDIES (1999 rev. ed.); 11 Insights, No. 2, 9, at n.14 (1997); 11 DePaul Bus. L.J. 229, n. 8 (1998); 16 Yale L. & Pol'y Rev. 265, n. 254 (1998); 33 N. Eng. L. Rev. 265 n. 540 (1999); Postal Instant Press, Inc. v. Sealy, 51 Cal.Rptr.2d 365, 373 (Cal. Ct. App. 1996).

"Ethics Overseer for the Private Bar: The Federal Communications Commission and its Disciplinary Practices," 9 The Journal of the Legal Profession 43-71 (1984)  

Teacher's Edition (Harford County, Maryland): brief, practical articles on legal questions, 1984-85  

Credits for Assistance: 44 Vand. L. Rev. 1007 (1991); 8 Yale J. on Reg. 403 (1991); 70 Wash. L. Rev. 423 (1995); and other articles

To be Submitted for Publication:

"Franchising Self-Regulation: An Administrative and International Comparison"

"Franchise Market Protection or Employee-Like Status: Contractual Alternatives in the Age of Encroachment"

"Vicarious Liability in International Franchise Law"

ACADEMIC CONFERENCES (Scholarly Papers)

Presentation, August 1997, Annual Mtg. of the Academy of Legal Studies in Business, St. Louis, "Franchising Encroachment"

Chairman and Principal Speaker, August 1999, Annual Meeting of the Academy of Legal Studies in Business, St. Louis, Research Symposium, presenting "Introduction to Business Law Research," "A Summary of Prior Findings and Concerns," and "Concluding Remarks" as well as moderating the discussion

Invited Presentation, April 1999, Conference on the Future of Business Law Studies, The Wharton School, University of Pennsylvania, "Business Law Research"

Presentation, October 1998, Annual Mtg. of the Southeastern Academy of Legal Studies in Business, Charleston, "Franchising Market Protection and Encroachment Issues,"

Invited Presentation, Feb. 1998, Hurst Seminar on Business Law, Univ. of Florida, Warrington College of Business Administration, "Franchise Encroachment"

Presentation, October 1997, Annual Mtg. of the Southeastern Academy of Legal Studies in Business, Orlando, "Self- Regulation or Alternative Methods for Regulating Franchising"

Chairman and Speaker, August 1997, Annual Meeting of the Academy of Legal Studies in Business, Atlanta, Research Symposium, presenting both "Introduction to Business Law Research" and "Concluding Remarks" as well as moderating the discussion

Presentation, August 1997, Annual Meeting of the Academy of Legal Studies in Business, Atlanta, "Franchise Encroachment Law"

Presentation, August 1997, Annual Meeting of the Academy of Legal Studies in Business, Atlanta, "Franchise Selection and Termination: Legal Rights and Practical Effects When Franchisees Claim the Franchisor Discriminates"

Invited Presentation, Feb. 1997, Cornell University School of Hotel Administration, "The Legislative and Regulatory Approach to Franchising"

Invited Presentation, Feb. 1997, Hurst Seminar on Business Law, Univ. of Florida, Warrington College of Business Administration, "Franchise Encroachment: Is Regulation the Answer?"

President and Presenter, October 1996, Annual Mtg. of the Southeastern Academy of Legal Studies in Business, New Orleans, "Franchising's Covenant of Good Faith and Fair Dealing: Legal Rights and Practical Effects When Franchisees Claim the Franchisor Discriminates"

Chairman and Speaker, August 1996, Annual Meeting of the Academy of Legal Studies in Business, Quebec City, Research Symposium, presenting both "Introduction" and "Concluding Remarks" as well as moderating the discussion

Presentation, August 1996, Annual Meeting of the Academy of Legal Studies in Business, Quebec City, "Franchise `Fees' and the Franchising Definitional Conundrum"

Invited Presentation, May 1996, Indiana University School of Business, "Issues in Franchising"

Program Chair and Speaker, October 1995, Annual Mtg. of the Southeastern Academy of Legal Studies in Business, Atlanta, Georgia, "Putting Drama into the Business Law Classroom"

Chairman and Speaker, August 1995, Annual Meeting of the Academy of Legal Studies in Business, Milwaukee, Research Consortium, presenting both "Introduction" and "Concluding Remarks" as well as moderating the discussion

Invited Discussant, "Fiduciary Claims Under ERISA - Rights Without Recompense?" (by Dana M. Muir, U. of Mich.), August 1995, Annual Meeting of the Academy of Legal Studies in Business, Milwaukee 

Presentation, August 1995, Annual Meeting of the Academy of Legal Studies in Business, Milwaukee, "Franchising and the NASD Analogy"

Presentation, August 1995, Annual Meeting of the Academy of Legal Studies in Business, Milwaukee, "Non-Competition Agreements in Franchising" (Best Paper Award)

Presentation, October 1994, Annual Mtg. of the Southeastern Academy of Legal Studies in Business, Savannah, Georgia, "Franchising Self-Regulation"

Presentation, October 1994, Annual Mtg. of the Southeastern Academy of Legal Studies in Business, Savannah, Georgia, "Encouraging Student Attention and Active, Mental Involvement in Large Business Law Classes"

Chairman and Speaker, August 1994, Annual Meeting of the Academy of Legal Studies in Business, Dallas, Texas, Research Consortium, presenting both "Introduction" and "Concluding Remarks" as well as moderating the discussion 

Invited Participant and Speaker, August 1994, Annual Mtg. of the Academy of Legal Studies in Business, Dallas, Texas, Master Teacher Symposium, Presentation of Paper, "Give 'Em the Big Picture: Devices for Spicing Up Business Law Lectures in What Appears to be a Stadium-Sized Arena"

Presentation, August 1995, Annual Meeting of the Academy of Legal Studies in Business, Dallas, "Franchisors' Discrimination Against Franchisees"

Invited to Present Franchise Law Paper, Univ. of Texas at Austin, January 1994

Presentation, October 1993, Annual Mtg. of the Southeastern Academy of Legal Studies in Business, Winston-Salem, North Carolina, "The Franchisee's Response to a Franchisor that is Curtailing its Services"

Invited Participant and Speaker, August 1993, Annual Meeting of the Acad. of Legal Studies in Bus., Colorado Springs, Colorado, Research Consortium, Presentation of Paper, "The Selection and Maintenance of a Research Agenda"

Presentations, August 1993, Annual Meeting of the Academy of Legal Studies in Business, Colorado Springs, Colorado, (1) "The Professor as Performer: Strategies for Breaking the Wall of Student Anonymity and for Productively Teaching Business Law in this Age of Ennui"; (2) "Franchising Covenants Against Competition"

Invited Presentation, February 1993, Univ. of Mich. College of Bus. Admin., "Antitrust Tie-ins and Franchising - The Public's Perception of Trademarks"

Presentation, November 1992, Annual Mtg. of the Southeastern Academy of Legal Studies in Business, Jacksonville, Florida, "A Comparison of the Legal and Practical Characteristics of Franchises and Business Opportunities"

Moderator, November 1992, Annual Mtg. of the Southeastern Academy of Legal Studies in Business, Jacksonville, Florida, Panel on Antitrust Law Topics

Presentation, August 1992, Annual Meeting of the Academy of Legal Studies in Business, Charleston, South Carolina, "Insurance Claims Adjusters and Plaintiffs' Attorneys: From Claims Fraud Consensus to Settlement Reform" (Best Paper Award)

Moderator, August 1992, Annual Meeting of the Academy of Legal Studies in Business, Charleston, South Carolina, Panel on Trade and Commercial Law

Presentation, August 1991, Annual Meeting of the American Business Law Association, Portland, Maine, "Franchisee Claims of Discrimination by the Franchisor" (also - Best Paper Award for "Rule 2(e) Revisited: SEC Disciplining of Attorneys Since In re Carter")

Moderator, August 1991, Annual Mtg. of the American Bus. Law Ass'n, Portland, Maine, Panel on Constitutional Law

Presentation, October 1990, Annual Meeting of the Southeastern Regional Business Law Association, Atlanta, Georgia, "Insurance Claims Fraud and Proposed Legal Reforms: An Empirical and Policy Analysis"

Moderator, October 1990, Annual Meeting of the Southeastern Regional Business Law Association, Atlanta, Georgia, Panels on Business Law Teaching (Invited Speaker) and on Employment and Labor Law

Presentation, August 1990, Annual Mtg. of the American Bus. Law Ass'n, Toronto, Ontario, "Securities and Exchange Commission Disciplinary Proceedings Against Attorneys"

Moderator, August 1990, Annual Meeting of the American Business Law Association, Toronto, Ontario, Panels on Commercial Law and on International Law

Presentation, October 1989, Annual Meeting of the Southeastern Regional Business Law Association, Greenville, South Carolina, "Franchisor's Liability for Their Franchisees' Actions: The `Common Knowledge' Doctrine"

Moderator, October 1989, Annual Meeting of the Southeastern Regional Business Law Association, Greenville, South Carolina, Panels on Employment & Commercial Speech

Presentation, August 1989, Annual Meeting of the American Business Law Association, Los Angeles, California, "The Rights of Franchisees as a Collective Entity"

Invited Participant, August 1989, Annual Meeting of the American Business Law Association, Los Angeles, California, Research Consortium

Moderator, August 1989, Annual Meeting of the American Business Law Association, Los Angeles, California, Panel on Tort Law and Business

Moderator, October 1988, Annual Mtg., Southeastern Regional Bus. Law Ass'n, Orlando, Fla., Panel on Employment Law

Biography  |  Publications   |  Research Interests

Courses Taught   |   Contact Info