2006-2007 East Carolina University College of Business Teaching Fellow

DR. JACK E. KARNS

1

2006-2007 East Carolina University College of Business Teaching Fellow

Department of FinanceJack E. Karns

College of BusinessCounselor at Law

Bate Building, Third Floor379 Claredon Drive

East Carolina UniversityGreenville, NC 27858

Greenville, NC 27858-4353

OFC: 252.355.1936RES: 252.355.1936

DPT: 252.328.6670CEL: 252.419.4979

FAX: 252.328.4093EML:

EML:

EDUCATION:

Loyola University Chicago

Doctor of Juridical Science (S.J.D.)Degree in Health Law and Policy, 2003

(Dissertation: “Justifying the Nonprofit Hospital Tax Exemption in a Competitive Market Environment”)

Georgetown University

Master of Law (LL.M.) Degree in Taxation, 1992

(Thesis: “Can the Internal Revenue Service Levy and Collect Against ERISA Qualified

Pension Plan Benefits in Bankruptcy Proceedings"

Tulane University

Juris Doctor (J.D.) Degree in Law, 1981

Syracuse University

Master of Public Administration (M.P.A.) Degree, 1974

(Maxwell School of Citizenship and Public Affairs)

Master of Science (M.S.) Degree in Education Administration, 1974

Bachelor of Arts (B.A.) Degree (cum laude) in Public Policy, 1973

RECENT TEACHING HONORS:

TEACHING FELLOWSHIP: Selected as the 2006-2007East Carolina University College of Business Teaching Fellow. This competitive Fellowship resulted from peer review of applications with ultimate selection by the Dean. The focus of my application touched on the significance of on-line, WEB-based delivery of education in the business school, particularly to large sections that are emblematic of my course, The Legal Environment of Business (Total of 100-145 students between two sections each semester, including summer school.) The thrust of my Fellowship objectives will be to deliver multiple methods of audio and video delivery of course material suitable for asynchronous consumption by consumer students, including but not limited to: audio recording of lectures in MP3 files suitable for student downloading (including to I-Pods), video streaming of short clips and other slightly lengthier clips designed to enhance the Legal Environment learning experience, extensive work on developing outcomes assessments that foster both critical thinking and writing skills, developing a “sense of community” on the WEB BlackBoard teaching platform environment through development of such inherent capabilities such as Discussion Boards and Group Developed Projects, the incorporation of Distance Education teaching platforms other than BlackBoard where appropriate, and finally, accomplishing all of the foregoing in such a manner so as to conform with developing AACSB-International accreditation standards.

EAST CAROLINA UNIVERSITY 2007 COLLEGE OF BUSINESS COMMERCE CLUB TEACHINGEXCELLENCE AWARD: Awarded for “Outstanding Service and Instructions in the Classroom” during the 2006-07 academic year. Awarded at May 2007 College of Business Graduate Recognition Ceremony.

INTERNATIONAL TEACHING: Selected to teach a course at the Maastricht Center for Transatlantic Studies( based at Teikyo University in The Netherlands during the period:June 11 – July 9, 2007. East Carolina University is a consortium member of 34 international universities and colleges that offers college classes year-round at the Maastricht Center. According to the Center’s web site: “Its [the Maastricht Center’s] goal has been to provide a unique educational program based on the interactive relationship between peoples and cultures on both sides of the Atlantic.”(Course: Comparative International Business Law: The European Union and the United States.)

MCGRAW-HILL LEGAL ENVIRONMENT TEXTBOOK SYMPOSIUM: Selected as one of fifteen professors from the US to attend an expenses paid symposium (3 days) in San Diego, CA, by the McGraw-Hill Company to discuss and advise this firm on the formation and development of a contemporary Legal Environment textbook that would compete with those texts offered by the largest corporate competitor in this area.

AACSB International 2006 Faculty Conference on Learning and Education. As a result of Teaching Fellowship Award, selected by the Dean to attend the business school accrediting body’s first faculty conference devoted to Learning and Education. Tampa, FL. June 7-9, 2006.

DUKE UNIVERSITY CERTIFICATE PROGRAM IN NONPROFIT MANAGEMENT: Taught four (4) presentations during 2005-06 at meetings, workshops, and symposia: Serve as a pro bono instructor. Teach a five hour class entitled, “Nonprofit Formation and Tax Exemption.” In return for this pro bono teaching Duke University permits the taking of program courses that are being credited toward the award of a personal Nonprofit Management Certificate.

PUBLICATIONS:

“Is a Showing of Conduct Classfied as ‘Reckless Disregard’ of the Civil Provisions of the Fair Credit Reporting Act Sufficient to Award Only Statutory Damages When There is No Proof of Actual Knowledge, Intent, or ‘Willfulness’ by the Defendant to Violate the Statute?”, SOUTHERN LAW JOURNAL, Vol. XVII, Issue No. 1, Fall 2007, pp.39-58. (with William Mawer).

“Can Reckless Disregard” Satisfy the FCRA’s “Willful” Conduct Requirement,? 2006-07 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association; Chicago, Illinois; Vol. 34, Issue No. 4, (January 8, 2007), pp. 214-18.

"Does FELA Create a Relaxed Causation Standard for Railway Negligence Actions?," 2006-07 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association; Chicago, Illinois; Vol. 34, Issue No. 1, (October 3, 2006), pp. 46-48.

“Justifying the Nonprofit Hospital Tax Exemption in a Competitive Market Environment,”WIDENER LAWJOURNAL, Vol. 13, No. 2, April 2004, pp. 384-562, (featured article)(doctoral dissertation).

"The Reliance on Federal Preemption Law by Managed Care Organizations and Group Health Plan Insurers to Create an Impenetrable Shield Against Patients' State Law Claims,"ST. THOMAS LAWREVIEW, Vol. 15, No. 1, Fall 2002, pp. 201-18.

"Thou Shalt Not Lie: Health Care Provider Liability In Allegations of False Or Deceptive Performance Representations," MEDICAL GROUP MANAGEMENT ASSOCIATION 'CONNEXION', Volume 2, No. 3, March 2002, pp. 64-68.

"State Versus Federal Taxation of Limited Liability Companies: A Comparative View,"JOURNAL OFSTATETAXATION, Vol. 20, No. 3, Winter 2002, pp. 1-9, (lead article).

"Up Against the Wall: Medical Malpractice and Physician Obstruction of Justice," MEDICAL GROUP MANAGEMENT ASSOCIATION 'CONNEXION', Volume 1, No. 3, November/December 2001, pp. 64-67. Selected as one of the best five articles published in the "MEDICAL GROUP MANAGEMENT ASSOCIATION 'CONNEXION'" during 2001 and nominated for the "2002 Edward B. Steven's Article of the Year Award."

"Divorce: Division of Contingent, Deferred Income from the Subsequent Sale of Former Marital Property,"JOURNAL OF DEFERRED COMPENSATION, Vol. 7, No. 1, Fall 2001, pp. 1-19, (with Dr. J.G. Hunt).

"Are Intellectual Property Rights Protected By Employment Contract Covenants Not to Compete Given the Rapid Rate of New Product Development?,"OKLAHOMA CITY UNIVERSITY LAW REVIEW, Vol. 26, No. 2, Summer 2001, pp. 631-50,(with Dr. R.P. McIntyre).

"The National Labor Relations Board Redefines 'Medical Employee' Under the Wagner Act as to Residents and Interns Thereby Opening the Door to Unionization and Collective Bargaining Demands," NORTH DAKOTA LAW REVIEW, Vol. 77, No. 1, 2001, pp. 54-70.

"Employer Sponsored Health Benefit Plans Under ERISA After Pegram v. Herdrich: The Fiduciary Duty Argument and Mixed Eligibility Versus Treatment Decisions," JOURNAL OF LAW AND HEALTH, Vol. 15, No. 1, 2000-01, pp. 1-22, (lead article).

"Hospital Screening Procedures and the Emergency Treatment and Active Labor Act (EMTALA): Proof of 'Improper Motive' Not Required in Failure to Stabilize Cases," WIDENER JOURNAL OF PUBLIC LAW, Vol. 9, No. 2, 2000, pp. 355-77.

"Establishing the Standard for a Physician's Patient Diagnosis Using Scientific Evidence: Dealing with the Split of Authority Amongst the Circuit Courts of Appeal,"THEBRIGHAM YOUNG UNIVERSITY JOURNAL OF PUBLIC LAW, Vol. 15, No. 1, 2000, pp. 1-29, (lead article).

"Litigating Around ERISA to Quality Managed Healthcare: The Herdrich Case Bolsters Patients' Rights by Recognizing that an HMO Can Breach Fiduciary Duties," NEBRASKA LAW REVIEW, Vol. 79, No. 1, 2000, pp. 149-70.

"Deferred Compensation Planning, the 'Exclusive Benefit' Rule and the Hughes Aircraft Case: Has the 'Employer Benefit' Restriction Been Altered With Respect to ERISA Qualified Pension Plans?"CREIGHTON LAW REVIEW, Vol. 33, No. 3, April 2000, pp. 507-23, (lead article).

"Should Unexercised Stock Options Be Considered 'Gross Income' Under State Law for Purposes of Calculating Monthly Child Support Payments?," CREIGHTON LAW REVIEW, Vol. 33, No. 2, February 2000, pp. 235-64, (with Dr. J.G. Hunt). Reprinted in: JOURNAL OF DEFERRED COMPENSATION, Vol. 6, No. 4, Summer 2001, pp. 27-56. Cited and quoted in state court cases: Jenkins v. Jenkins, Vol. 158, Pacific Reporter, 3d. Series, pp. 1140-45, Arizona Appellate Court - 1st District, April 26, 2007; In ReMarriage of Robinson and Thiel, Vol. 35, Pacific Reporter, 3d. Series, pp. 93 and 93 (footnote 1), Arizona Appellate Court - 1st District, 2001.

"Direct Advertising of Prescription Drugs: Federal Regulation, the Duty to Warn and the Learned Intermediary Rule," DEPAUL JOURNAL OF HEALTH CARE LAW, Vol. 3, No. 2, Winter 2000, pp. 273-91.

"Protecting Individual On-Line Privacy Rights: Making the Case for a Separately, Dedicated Independent Regulatory Agency,"THEJOHN MARSHALL SCHOOL OF LAW JOURNALOF COMPUTER & INFORMATION LAW, Vol. 19, No. 1, Fall 2000, pp. 93-108. (Symposium Issue) (Invited participant and speaker: "Symposium on Internet Privacy" held at The John Marshall School of Law,Chicago,(September 22, 2000).

"Pharmacist Liability Relative to Direct Advertising of Services and the Independent Duty to Warn,"WIDENER JOURNAL OF PUBLIC LAW, Vol. 9, No. 1, 1999, pp. 1-15, (lead article).

"Current Federal and State Conflicts in the Independent Contractor Versus Employee Classification Controversy,"CAMPBELL LAW REVIEW, Vol. 22, No. 1, Fall 1999, pp. 105-18.

"Can Stock Portfolio Damages Be Established in a Churning Case Where the Plaintiff's Account Garners a Profit Rather than a Loss?,"OKLAHOMA CITY UNIVERSITY LAW REVIEW, Vol. 24, Nos. 1 & 2, Spring & Summer 1999, pp. 213-32, (lead article, No. 2), (with Dr. J.G. Hunt).

"Corporate Executive Deferred Compensation: Does the Exercise of Stock Appreciation Rights Trigger Securities Law Liability," NORTH DAKOTA LAW REVIEW, Vol. 75, No. 3, 1999, pp. 535-54, (with Dr. J.G. Hunt). Reprinted in: JOURNAL OF DEFERRED COMPENSATION, Vol. 5, No. 3, Spring 2000, pp. 25-45, (with Dr. J.G. Hunt). Cited in state courtcase: Spolum v.Clark Equipment Co., 2000 WESTLAW 33339624, p. 1 (footnote 2), Federal District Court of North Dakota, 2000. Excerpted in BOWNE Digest for Corporate & Securities Lawyers, Vol. 14, No. 2, February 2000.

"Economic Espionage in the Global Market: The Federal Government's Role in the Protection of Private Sector Trade Secrets Pursuant to the Economic Espionage Act of 1996, OHIO NORTHERN UNIVERSITY LAWREVIEW, Vol. 25, No. 3, 1999, pp. 331-48, (featured article),(with Dr. R.P. McIntyre and Dr. E.B. Uhr). Cited in: Brian M. Malsberger, “Covenants Not to Compete: A State-by-State Survey,” Third Edition, Volume I, American Bar Association, BNA Books, 2002, pp. 57, 1675.

"S Corporation Formation and Avoidance of Tax Malpractice Traps," CAMPBELL LAW OBSERVER, Vol. 19, No. 6, August 1998, pp. 1, 7, (feature article).

"The Federal Trade Commission's Deception Policy in the Next Millenium: Evaluating the Subjective Impact of Cliffdale Associates," NORTH DAKOTA LAW REVIEW, Vol. 74, No. 3, 1998. pp. 441-78, (with A.C. Roline).

"Independent Financial Analysts' Reports and the 'Post-Publication Ratification' Theory: Is a Company Liable for Voluntary Circulation of a Favorable Report?," NEW ENGLAND LAW REVIEW, Vol. 32, No. 4, Summer 1998, pp 1023-39.

"Limited Liability Companies Before and After the January 1997 IRS 'Check-the-Box' Regulations: Choice of Entity and Taxation Considerations," NORTHERN KENTUCKY LAW REVIEW, Vol. 25, No. 3, Spring 1998, pp. 585-613,(with C.J. Miller and D.J. March).

"The Perils of Tax Exempt Status: Is a Contract Fundraiser an Insider within the 'Private Inurement' Clause of Internal Revenue Code ' 501(c)(3)?," LINCOLN LAW REVIEW, Vol. 27, 1997-2000, pp. 1-12.

"Removal to Federal Court and the Jurisdictional Amount in ControversyPursuant to State StatutoryLimitations on Pleading Damage Claims," CREIGHTON LAW REVIEW, Vol. 29, No. 3, April 1996, pp. 1091-1121.Cited in state court case: McCoy v. Erie Insurance Co., Vol. 147, Federal Supplement, 2nd Series, pp. 486-87, Southern Federal District of West Virginia, 2001. Cited in: Larry Teply, et al, Cases, Text, and Problems on Civil Procedure, Second Edition, William S. Hein and Co., Inc., 2002, Chapter 2: Subject Matter Jurisdiction @ p. 160, fn. b.

"The Policy Conflict Between State and Federal Government Efforts to Regulate Airline Advertising,"CREIGHTON LAW REVIEW, Vol. 29, No. 2, February 1996, pp. 647-74, (with Dr. R.P. McIntyre and Dr. E.B. Uhr).

"Attorney and Accountant Liability As `Sellers' of Securities Under Section 12(2) of the Securities Act of 1933: Judicial Rejection of the Statutory, Collateral Participant Status Cause of Action," NEBRASKA LAWREVIEW, Vol. 74, No. 1, 1995, pp. 1-35, (lead article), (with Dr. E.A. Doty and S.S. Long).

"ERISA Qualified Pension Plan Benefits As Property of The Bankruptcy Estate: The Unanswered Questions After Patterson v. Shumate,"CAMPBELL LAW REVIEW, Vol. 16, No. 3, Summer 1994, pp. 303-31, (lead article).

"INTRODUCTION," ADVERTISING L. ANTHOLOGY, International Library Book Publishers, Inc., Gaithersburg, Maryland, Volume XV, Part II, July-December 1992, pp. ix-xiii.

"Can the Internal Revenue Service Levy and Collect Against ERISA Qualified Pension Plan Benefits in Bankruptcy Proceedings?," WAKE FOREST LAW REVIEW, Vol. 27, No. 3, Fall 1992, pp. 657-88, (LL.M. Taxation Thesis). Cited in Ninth Circuit federal appellate court case: United States Internal Revenue Service v. Snyder, Vol. 343, Federal Reporter 3rd Series, p. 1179, United States Court of Appeals for the Ninth Circuit, 2003.

"Pleading Deceptive Trade Practice Claims Under The Consumer Protection Act," NORTH CAROLINA STATE BAR QUARTERLY, Vol. 39, No. 3, Summer 1992, pp. 20-22.

"Litigating Deceptive Marketing Practices Under The Pennsylvania Unfair Trade Practices And Consumer Protection Law," PENNSYLVANIA BAR ASSOCIATION QUARTERLY, Vol. 63, No. 1, January 1992, pp. 29-31.

"The Federal Unfair Trade Practice Standard After `International Harvester': When Is a Marketing Practice a `Pure Omission'?," DRAKE LAW REVIEW, Vol. 40, No. 1, 1991,pp. 61-90.

"Economics, Ethics, and Tort Remedies: The Emerging Concept of Hedonic Value," JOURNAL OF BUSINESS ETHICS, Vol. 9, No. 9, September 1990, pp. 707-13.

"When Does Vertical Maximum Price Fixing Cause Antitrust Injury?," 1989-90 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association, Chicago, Illinois, Issue No. 6, (January 26, 1990), pp. 163-65.

"State Regulation of Deceptive Trade Practices Under `Little FTC Acts:' Should Federal Standards Control?",DICKINSON LAW REVIEW, Vol. 94, No. 2, Winter 1990, pp. 373-433. Cited and/or quoted in federal and state court cases: Blue Cross and BlueShield of New Jersey, Inc. v. Philip Morris, Inc., Vol. 178, Federal Supplement, 2nd Series, p. 238, Eastern Federal District of New York, 2001; Bristol Technology, Inc. v. Microsoft Corp., Vol. 114, Federal Supplement, 2nd Series, pp. 91, 92 (Footnote 52), Federal District of Connecticut, 2000; Penn-Plax, Inc. v. L. Schultz, Inc., Vol. 988. Federal Supplement, p. 911, Federal District of Maryland, 1997; People by Vacco v.Lipsitz, Vol.663, New York Supplement 2nd Series, p. 472, New York Superior Court, 1997. Cited in: Robert V. Labaree, The Federal Trade Commission – A Guide to Resources, First Edition, Garland Publishing Inc., 2000, p. 240.

"The Unethical Exploitation of Shareholders in Management Buyout Transactions,"JOURNAL OF BUSINESS ETHICS, Vol. 9, No. 9, September 1990, pp. 595-602, (with Dr. F. P. Schadler).

"The DC Attorney Boycott: Illegal Price Fixing or A Constitutionally Protected Petition?", 1989-90 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association, Chicago, Illinois, Issue No. 4, (November 24, 1989), pp. 92-94.

"Requiring Basic Disclosure of Preliminary, Management Buyout Negotiations: Re-Defining Rule 10b-5 `Materiality' After RJR Nabisco," MEMPHIS STATE UNIVERSITY LAW REVIEW, Vol. 19, No. 3, Spring 1989, pp. 327-52, (with Dr. F.P. Schadler).

"Beyond Advertising: What Constitutes Commercial Speech?", 1988-89 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association, Washington, D.C., Issue No. 13, (April 28, 1989), pp. 371-74.

"Do State Political Parties Have a Constitutional Right to Endorse Primary Election Candidates", 1988-1989 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association, Washington, D.C., Issue No. 5, (December 2, 1988), pp. 141-43.

"The Federal Trade Commission's Evolving Deception Policy,"UNIVERSITY OF RICHMOND LAWREVIEW, Vol. 22, No. 3, Spring 1988, pp. 399-430.

"Redefining `Seller' Status Under the 1933 Securities Act," 1987-1988 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association, Washington, D.C., Issue No. 6, (December 18, 1987), pp. 186-88.

"Securities Fraud and the Materiality of Pre-Merger Negotiations: Establishing the Corporate Duty to Disclose," 1987-1988 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association, Washington, D.C., Issue No. 3, (October 30, 1987), pp. 74-76.

Case Summary, Meese v. Keene, LAW REVIEW DIGEST, Vol. 36, No. 2, March-April 1987, p. 50.

"Advertising Regulation in Illinois: Should the FTC Be Ignored?" ILLINOIS BAR JOURNAL, Vol. 74, No. 8, April 1986, pp. 386-88. Reprinted in: ADVERTISING LAW ANTHOLOGY, International Library Book Publishers, Inc., Bethesda, Maryland, Volume X, 1987, pp. 267-71.

"OVERVIEW: The Federal Trade Commission's Current Deceptive Advertising Standard,” ADVERTISING LAW ANTHOLOGY, International Library Book Publishers, Inc., Bethesda, Maryland, Volume X, 1987, pp. ix-xvi.

"Government Classification of Foreign Political Propaganda: A Claimed Chilling of Free Speech Rights," 1986-1987 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association, Washington, D.C., Issue No. 5, (December 5, 1986), pp. 138-40.

Case Summary, Posadas De Puerto Rico Associates, d/b/a/ Condado Holiday Inn v. Tourism Company of Puerto Rico, LAW REVIEW DIGEST, Vol. 35, No. 6, November-December 1986, pp. 65.

"Does the Commercial Speech Doctrine Permit the Government to Ban Gambling Casino Advertising?" 1985-86 PREVIEW OF UNITED STATES SUPREME COURT CASES, American Bar Association, San Diego, California, Issue No. 15, (June 6, 1986), pp. 437-39.

Case Summary, Harding v. New Rockford School District No. 1, "North Dakota Jury Finds School Districts Not Negligent in Javelin Death," SPORTS AND THE COURTS, Vol. 7, No. 4, 1986, pp. 3-4.

"Negligence and Secondary School Sports Injuries in North Dakota: Who Bears the Legal Liability?," NORTH DAKOTA LAW REVIW, Vol. 62, No. 4, 1986, pp. 456-85.

"Redefining `Deceptive' Advertising Under the Illinois Consumer Fraud and Deceptive Business Practices Act After Cliffdale Associates,"SOUTHERN ILLINOIS UNIVERSITY LAW JOURNAL, Vol. 1985, No. 1, pp. 1-59, (featured article). Reprinted in: ADVERTISING LAW ANTHOLOGY, International Library Book Publishers, Inc., Bethesda, Maryland, Volume IX, 1986, pp. 435-95.

SERVICE ARTICLES:

“Wireless Environments in Stores Raise Risk of ID Theft,”THE DAILY REFLECTOR, (May 13, 2007), Section D, p. 8.

“’Independent 529’ Plans Can Meet Private College Tuition Costs,”THE DAILY REFLECTOR, (May 6, 2007), Section D, p. 8.

“Establishing Tax Deductibility of “’Extraordinary” Medical Expenses,”THE DAILY REFLECTOR, (May 14, 2006), Section D, p. 8.

"Spouses-to-Be Should Discuss Money Matters Before Getting Married,” THE DAILY REFLECTOR, (May 7, 2006), Section D, p. 8.

"Here’s How to Decipher the Various Components of a Credit Score,” THE DAILY REFLECTOR, (January 29, 2006), Section D, p. 8.

"New Identity Theft Law Offer Consumers Chance for Self-Checks,” THE DAILY REFLECTOR, (November 13, 2005), Section D, p. 8.

"The 2005 Bankruptcy Reform Act,” THE DAILY REFLECTOR, (October 2, 2005), Section D, p. 8.

"Health Care Costs, Consumer-Driven Insurance Plans Rising,” THE DAILY REFLECTOR, (May 15, 2005), Section D, p. 8.

"Recent Case Shows Some HMOs Can Be Dangerous To Your Health,” THE DAILY REFLECTOR, (April 30, 2000), Section D, p. 8.

"Line on State Tax Form May Make Internet Purchases Taxable," THE DAILY REFLECTOR, (February 20, 2000), Section D; p. 8.

"IRS Procedures for Collecting Past Due Taxes Can Put Taxpayers in Financial Straits,” THE DAILY REFLECTOR, (March 21, 1999), Section D, p. 8.

"Proposed Banking Regulations Could Be Invasion of Customers' Right to Privacy," THE DAILY REFLECTOR, (December 27, 1998), Section D, p. 6.