journal of management policy and practice...jean-charles cachon, josé barragan codina, cristina...

Journal of Management Policy and Practice

North American Business Press Atlanta – Seattle – South Florida - Toronto

Journal of Management Policy and Practice

Editor Dr. Daniel Goldsmith

Founding Editor

Dr. William Johnson

Editor-In-Chief Dr. David Smith

NABP EDITORIAL ADVISORY BOARD

Dr. Andy Bertsch - MINOT STATE UNIVERSITY Dr. Jacob Bikker - UTRECHT UNIVERSITY, NETHERLANDS Dr. Bill Bommer - CALIFORNIA STATE UNIVERSITY, FRESNO Dr. Michael Bond - UNIVERSITY OF ARIZONA Dr. Charles Butler - COLORADO STATE UNIVERSITY Dr. Jon Carrick - STETSON UNIVERSITY Dr. Mondher Cherif - REIMS, FRANCE Dr. Daniel Condon - DOMINICAN UNIVERSITY, CHICAGO Dr. Bahram Dadgostar - LAKEHEAD UNIVERSITY, CANADA Dr. Deborah Erdos-Knapp - KENT STATE UNIVERSITY Dr. Bruce Forster - UNIVERSITY OF NEBRASKA, KEARNEY Dr. Nancy Furlow - MARYMOUNT UNIVERSITY Dr. Mark Gershon - TEMPLE UNIVERSITY Dr. Philippe Gregoire - UNIVERSITY OF LAVAL, CANADA Dr. Donald Grunewald - IONA COLLEGE Dr. Samanthala Hettihewa - UNIVERSITY OF BALLARAT, AUSTRALIA Dr. Russell Kashian - UNIVERSITY OF WISCONSIN, WHITEWATER Dr. Jeffrey Kennedy - PALM BEACH ATLANTIC UNIVERSITY Dr. Jerry Knutson - AG EDWARDS Dr. Dean Koutramanis - UNIVERSITY OF TAMPA Dr. Malek Lashgari - UNIVERSITY OF HARTFORD Dr. Priscilla Liang - CALIFORNIA STATE UNIVERSITY, CHANNEL ISLANDS Dr. Tony Matias - MATIAS AND ASSOCIATES Dr. Patti Meglich - UNIVERSITY OF NEBRASKA, OMAHA Dr. Robert Metts - UNIVERSITY OF NEVADA, RENO Dr. Adil Mouhammed - UNIVERSITY OF ILLINOIS, SPRINGFIELD Dr. Roy Pearson - COLLEGE OF WILLIAM AND MARY Dr. Veena Prabhu - CALIFORNIA STATE UNIVERSITY, LOS ANGELES Dr. Sergiy Rakhmayil - RYERSON UNIVERSITY, CANADA Dr. Robert Scherer - CLEVELAND STATE UNIVERSITY Dr. Ira Sohn - MONTCLAIR STATE UNIVERSITY Dr. Reginal Sheppard - UNIVERSITY OF NEW BRUNSWICK, CANADA Dr. Carlos Spaht - LOUISIANA STATE UNIVERSITY, SHREVEPORT Dr. Ken Thorpe - EMORY UNIVERSITY Dr. Robert Tian - MEDIALLE COLLEGE Dr. Calin Valsan - BISHOP'S UNIVERSITY, CANADA Dr. Anne Walsh - LA SALLE UNIVERSITY Dr. Thomas Verney - SHIPPENSBURG STATE UNIVERSITY Dr. Christopher Wright - UNIVERSITY OF ADELAIDE, AUSTRALIA

Volume 14(3) ISSN 1913-8067 Authors have granted copyright consent to allow that copies of their article may be made for personal or internal use. This does not extend to other kinds of copying, such as copying for general distribution, for advertising or promotional purposes, for creating new collective works, or for resale. Any consent for republication, other than noted, must be granted through the publisher:

North American Business Press, Inc. Atlanta – Seattle – South Florida - Toronto ©Journal of Management Policy and Practice 2013 For submission, subscription or copyright information, contact the editor at: [email protected] Subscription Price: US$ 340/yr Our journals are indexed by one of more of the following: UMI-Proquest-ABI Inform, EBSCOHost, GoogleScholar, and listed with Cabell's Directory of Periodicals, Ulrich's Listing of Periodicals, Bowkers Publishing Resources, the Library of Congress, the National Library of Canada. Our journals have been used to support the Academically Qualified (AQ) faculty classification by all recognized business school accrediting bodies.

This Issue

Acquiring, Distributing, and Disposing of Potential Human Life: The Current Status of Human Embryos Beyond Chicanery II .................................................................................. 11 J. Brad Reich A human embryo is, by medical definition, “…the developing organism from fertilization to the end of the eighth week.” In the largely un-settled legal realm, a human embryo is “…[neither] ‘persons’ or ‘property’, but occupy[ing] an interim category that entitles them to special respect because of their potential for human life.” Much of the overall debate about human embryos comes from the fact that they may be people, property, or something in between. There is no clear consensus, but we can debunk some inaccuracies based on what is recognized now. This article will attempt to begin to do so. The Implications of Social Media on Customer Relationship Management and the Hospitality Industry ............................................................................................. 18 Randal Rosman, Kurt Stuhura A look into the implications that social media has had on customer relationship management as well as the hospitality industry. This paper explores the research that has been conducted on the subject and lists possibilities for future research and study. When It Froze in Florida: The Challenges That Occur When Farmers and Local Residents Collide ..................................................................................................... 27 David J. Bechtold, Alex Monroe Spraying fields with water during a severe freeze is a common practice in Florida. In January of 2010 this practice resulted in the development of sinkholes, dry wells, and a call for water restrictions. Gary Parke, a hydroponic farmer, did not experience significant crop damage nor did he draw significant amounts of water from the aquifer to protect his crops. Hydroponic farming is an ancient approach to farming where water instead of soil is used to grow plants and is looked upon as a possible approach to environmentally safer farming that can be used in urban and suburban farming. An Analysis of Human Resource Information Systems impact on Employees ................................... 35 Kelly O. Weeks This research hypothesizes that automated collection, storage, and retrieval of information related to the human resource element in any organization helps to make more informed, lasting decisions about positioning, utilization, and retention of its human resources which aids the organization in its competitive efforts. A large-scale household appliance manufacturer that implemented an automated process for its human resource information gathering and now relies on a completely computerized storage, retrieval, and utilization of the human resource-related data was surveyed.

Entrepreneurial Motives and Performance: Evidence from North America ...................................... 50 Jean-Charles Cachon, José Barragan Codina, Cristina Eccius-Wellmann, Egbert McGraw, Daniel A. Myers This study examined Intrinsic and Extrinsic Entrepreneurial Motives vs. Performance in the three countries forming North America. The Motives included: Independence, Job security, Monetary gain, and Intrinsic rewards. Mexican respondents rated their success lower than their Canadian and U.S. counterparts, and were less satisfied; they were more centered on Extrinsic Motives, while Canadian and U.S. respondents had a tendency to be primarily driven by Intrinsic Motives, particularly the desire to be independent. While economic survival was an overarching Motive among Mexican business people, intrinsic rewards came out as most important behind the perceptions of success among Canadian and U.S. respondents. The Need for Lean Training .................................................................................................................... 78 Jim Keyes The recent economic downturn and the sustaining of lower economic conditions into the near future have caused manufacturers to reevaluate their operations. In many cases this has led to off-shoring, bankruptcies and plant closures. However, during these difficult times many companies have been able to succeed and some flourish. The difference between success and failure may in found in a single word, lean. This research investigates history related to the use of lean techniques, the market need for students trained in the use and application of lean tools and the development of a course dedicated to instructing lean methods. Servant Leadership and Public Administration: Solving the Public Sector Financial Problems Through Service ...................................................................................................... 84 Robin B. Weinstein The financial problems facing many states and local governments have caused some to take unilateral actions concerning the terms and conditions of employment in unionized environments governed by collective bargaining agreements. The unilateral actions by the public sector have fostered an adversarial tension between unions and management in public administration. Servant leadership is an emerging leadership paradigm, which proponents believe has universal applicability among various organizations. This paper seeks to present a preliminary literature review and framework seeking to understand if servant leadership can be applied in an adversarial public administration setting. Emerging Oligopolies in Global Markets: Was Marx Ahead of His Time? ........................................ 92 Jerry Kopf, Charles Vehorn, Joel Carnevale The purpose of this paper is to examine the trends toward global industry concentration and discuss the implications of the lack of effective global regulators for the global economy. The paper reviews Karl Marx’s conclusion that the inevitable result of capitalism is a monopoly in light of the evolution of capitalism in the United States from the late 1800’s until the mid-1900s that lead America to enact laws aimed at increasing competition, regulating monopolies and controlling externalities. The focus then shifts to a discussion of the implications of the new era of global industry consolidation without a “global” regulator.

Managing the Link Between Bribery and Wealth Based on Corruption Perception Index (CPI) and Gross National Product (GNP) per Capita .............................................................. 100 Bahaudin G. Mujtaba, Peter Williamson, Frank J. Cavico, Bob McClelland Corruption is a reality of life in all countries. However, some countries seem to have more widespread and higher levels of illegal and unethical behavior than others. Corruption typically is viewed in the context of culture. Yet might the wealth of a society be another determinant of corruption? Accordingly, the authors wanted to ascertain if there is a relationship between gross national product (GNP) per capita and the corruption perception index (CPI) of various countries. Through ANOVA and regression analysis, the authors found that there is a significant linear relationship between wealth generation of a country and the country’s level of corruption; and in addition the results of the 10 ASEAN countries and the 66 regional countries demonstrated that there is a significant linear relationship between the independent variable GNP (or CPI) and the dependent variable CPI (or GNP).Wealth, therefore, as a component of a societal culture, emerges as a significant aspect of corruption. The implications of these findings as well as suggestions for future research are provided. CrisisΛ Vs. CrisisΩ: An Explorative View ........................................................................................... 116 Chandrika M. Kelso, Hugh D. Kelso, III The word conflict conjures up negative feelings for many of us. While conflict may enhance interaction and social cohesion, it also has the ability to polarize individuals or groups. This paper will provide an explorative view of the word “conflict” and will show how we can shift from a crisis mode into crisis growth. This paper is not empirically based but is the product of the authors’ own experiences, reflections, personal and professional growths. It is also a culminant of the authors’ collective exposure to and resolution of conflicts on a national, international, inter-cultural, legal, and personal level.

GUIDELINES FOR SUBMISSION

Journal of Management Policy and Practice (JMPP)

Domain Statement The Journal of Management Policy and Practice is dedicated to the advancement and dissemination of management theory, standards and practices by publishing, through a blind, refereed process, ongoing results of research in accordance with international scientific or scholarly standards. Articles are written by business leaders, policy analysts and active researchers for an audience of specialists, practitioners and students. Articles of regional interest are welcome, especially those dealing with lessons that may be applied in other regions around the world. This would include, but not limited to areas of strategic marketing, strategic management and policy, managerial finance and accounting, management information systems, human resource management, business law, organizational theory and behavior, operations management and production. Focus of the articles should be on applications and implications of business, management decisions and performance. Theoretical articles are welcome. Objectives Generate an exchange of ideas between scholars, practitioners and industry specialists. Enhance the development of the management discipline. Acknowledge and disseminate achievement in regional business behavior. Provide an additional outlet for scholars and experts to contribute their ongoing work in the area of management decision making and practice. Submission Format Articles should be submitted following the American Psychological Association format. Articles should not be more than 30 double-spaced, typed pages in length including all figures, graphs, references, and appendices. Submit two hard copies of manuscript along with a disk typed in MS-Word. Make main sections and subsections easily identifiable by inserting appropriate headings and sub-headings. Type all first-level headings flush with the left margin, bold and capitalized. Second-level headings are also typed flush with the left margin but should only be bold. Third-level headings, if any, should also be flush with the left margin and italicized. Include a title page with manuscript which includes the full names, affiliations, address, phone, fax, and e-mail addresses of all authors and identifies one person as the Primary Contact. Put the submission date on the bottom of the title page. On a separate sheet, include the title and an abstract of 150 words or less. Do not include authors’ names on this sheet. A final page,

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Acquiring, Distributing, and Disposing of Potential Human Life: The Current

Status of Human Embryos Beyond Chicanery II

J. Brad Reich University of Puget Sound

A human embryo is, by medical definition, “…the developing organism from fertilization to the end of the eighth week.” In the largely un-settled legal realm, a human embryo is “…[neither] ‘persons’ or ‘property’, but occupy[ing] an interim category that entitles them to special respect because of their potential for human life.” Much of the overall debate about human embryos comes from the fact that they may be people, property, or something in between. There is no clear consensus, but we can debunk some inaccuracies based on what is recognized now. This article will attempt to begin to do so. INTRODUCTION

The line it is drawn The curse it is cast…

For the times they are a-changin' - Bob Dylan, The Times They are A-Changin’ (Dylan, 1964)

I have written extensively before about “Cyberprocreation”, or using the Internet to create human life.

While Bob Dylan pre-dates me, his comments were prescient. The simple fact is that we can now craft human life in ways never before imagined, and still incomprehensible to some. This advancement raises a variety of moral, ethical, and legal issues…and no shortage of economic opportunities and concerns. We are moving closer and closer to life before breathing life. REGULATORY PERSPECTIVE

There is no federal statutory law defining the legal status of human embryos, but embryos are not “persons” possessing independent rights under federal common law (Roe v. Wade, 1973, 162). However, there is some state legislation providing different perspective. Louisiana designates embryos as legal persons, while Georgia legislation declares that embryo life begins at the single-cell stage and that embryos have rights and responsibilities under state law. New Mexico gives embryos the status of "fetus" by its broad statutory definition and Missouri law is that the life of each human being begins at conception. At the other end of the continuum Michigan recently passed a statute treating some embryos as property and Florida law grants sperm and egg donors joint decision-making regarding embryo disposition. At common law, Texas treats embryos as property by allowing contract law to determine disposition. It appears that Maine, Massachusetts, North Dakota, and Pennsylvania statutorily recognize a special interim status making embryos more than property but less than human and, while Tennessee has

Journal of Management Policy and Practice vol. 14(3) 2013 11

not codified such status, its Supreme Court held that "[Embryos are] not, strictly speaking, either ‘persons' or ‘property', but occupy an interim category that entitles them to special respect because of their potential for human life” (Davis v. Davis, 1992, 588). These are only legal evaluations, so we turn to an “authority” in the field to gain ethical perspective as well.

The American Society for Reproductive Medicine (“ASRM”) is "...a voluntary, non-profit organization devoted to advancing knowledge and expertise in reproductive medicine, including infertility, menopause, contraception, and sexuality" (American Society for Reproductive Medicine, 2011). It is "...the leading market force in the field of reproductive medicine" (Reddix-Smalls, 2008, 673). The Society for Assisted Reproductive Technology (“SART”) is "...the primary organization of professionals dedicated to the practice of assisted reproductive technologies (“A.R.T”) in the United States," and “…is also extensively involved in data collection, practice guidelines and standards, government interaction, quality assurance, and research" (American Society for Reproductive Medicine, 2011). ASRM and SART, along with the College of American Pathologists ("COP") created the Reproductive Laboratory Accreditation Program (“RLAP”). That program proffers standards for reproductive laboratories and performs on-site accreditation every two years. SART represents 85% of the clinics practicing ART in the United States and as of 2005, two-thirds of SART programs were RLAP accredited. ASRM appears to be “the” ethical bar for human embryo standards. It contends that “Embryos are deserving of special respect, but they are not afforded the same status as persons” (American Society for Reproductive Medicine, 2011). ASRM goes on to elaborate:

In previous reports, this Committee has made clear its view that embryos should be accorded an elevated moral status compared with other human tissues, but that they should not be viewed as persons (3–5). Indeed, many of the publications of this Committee refer as a starting point to this description of the embryo first published in 1986: ‘‘The (pre)-embryo is due greater respect than other human tissue because of its potential to become a person and because of its symbolic meaning for many people. Yet, it should not be treated as a person, because it has not yet developed the features of person- hood, it is not yet established as developmentally individual, and it may never realize its biologic potential (American Society for Reproductive Medicine, 2011).

So there is, at least some, ethical and state level legal agreement that human embryos occupy a unique status. Accordingly, important questions of acquisition and disposition must be answered, at least so far as currently possible. ACQUIRING HUMAN EMBRYOS: “ADOPTION”, “DONATION”, AND WHY SUCH TERMS ARE MISLEADING

Any discussion of acquiring human embryos must, at least eventually, address Assisted Reproductive Technology (“A.R.T.”). A.R.T. is the umbrella term for the various medical technologies creating conception through means other than coital reproduction. A.R.T. developed, and is developing, because an increasing number of people cannot conceive a child through intercourse. Those people may well choose to acquire a human embryo. In common nomenclature, there are two ways to do so, adoption or donation; both terms are disingenuous.

The most vociferous debate regarding human reproductive tissues focuses, not surprisingly, on a moral issue. That issue is referred to as “commodification”, or whether or not human reproductive tissue should be bought and sold. While there is strident disagreement as to whether human reproductive components, such as embryos, should be bought or sold, the simple fact is that they are and there is no reason to think this will change. This is significant because “embryo donation” is a misleading term as such donation usually involves money changing hands for an embryo. Where embryo donation is legal, the Food and Drug Administration regulates the process. Where not given some “human” status, human embryos are goods.

12 Journal of Management Policy and Practice vol. 14(3) 2013

Embryo adoption differs from embryo donation, but the term is even more misrepresentative. While a variety of sources tout the virtues of embryo adopting, true “adoption” is usually not possible. Human adoption refers to a legal process to establish parentage for a living human being. As previously discussed, in most jurisdictions, embryos are not human life; therefore they cannot be adopted. It is more accurate to understand that, in the vast majority of jurisdictions, embryos are not legally adopted; ownership simply changes hands using traditional contract law. Only one state, Georgia, passed an embryo adoption statute, and that law is predicated on an underlying contractual agreement. Where embryo adoption could exist, it would likely be much more regulated than embryo donation, as it should entail traditional adoption steps such as a home study and judicial approval. In reality, embryo adoption is fundamentally quite similar to embryo donation; the terms are misleading marketing ploys likely designed to make the parties feel “good” and obscure the fact that, regardless of whether the process is termed “adoption” or “donation”, it involves money in exchange for reproductive human tissue. PERSONAL DISPOSITION: EMBRYO “CUSTODY”

A couple gets divorced. They have embryos in preservation. Who “owns” them, if anyone? The answer is unclear, and may always be so, particularly in light of the varying state-level public policy considerations above. As succinctly stated by one commentator, “We’ve got a state by state patchwork of approaches across the country” (In Divorce, Who Gets the Embryos?, 2012).

“Custody” of embryo litigation will become more common as more married people attempt to utilize frozen embryos to produce children. The basic problem is that “[t]he law is having trouble keeping up with [human reproductive] technology” (Farr, 2012) and there is little reason to think that gap will do anything but increase in light of astoundingly rapid technological development. This leaves courts in a difficult position and, understandably, they are forced to simply do what they think is “right” as there is little actual precedent or other legal guidance. It appears that courts ruling on the issue of human embryo custody tend to side with a biological parent’s right not to be forced into parenthood when one party to the dissolution wants to use the embryos to pursue human life and the other does not. There is also litigation pending addressing custodial rights where at least one party on the donor side has a biological connection to the embryo, and no party on the donee side has any. The outcome of that issue has yet to be decided but, by analogy to sperm donor cases, it may well be that the biological donor has parental rights to embryos provided that the donor is “known” to the donee (Lezin, 2003, 188) and embryos are considered something legally akin to traditional living children. COMMERCIAL EMBRYO ISSUES: DISPOSAL OF POTENTIAL HUMAN LIFE

There may be more than 500,000 human embryos in storage. Those embryos belong to the prospective parents, at least until certain contractual events do or do not occur. Many of those prospective parents eventually place the holding facility in a position where it has the legal right to dispose of the embryos due to the “owner’s” failure to execute contractual duties. While many of these facilities would probably like to dispose of these embryos, they may be very afraid of resulting, and unpredictable, litigation. Such facilities might gain guidance from a very small pool of decisions holding that embryo disposition is usually dictated by contract, but not all courts hold such agreements enforceable and almost all of the existing cases arose out of disputes that addressed some aspect of potentially unwanted familial relationships. Only one case is possibly on point in terms of the independent disposition by a holding facility with no inter-related "custody" issues, New York-Del Zio v. Presbyterian Hospital.

In New York-Del Zio, the Del Zios underwent in vitro fertilization using Mr. Del Zio's sperm and Mrs. Del Zio's egg. The co-mingled materials were placed in an incubator. A supervisor learned of the embryo, felt it was his ethical duty to destroy it, consulted hospital officials, and did destroy it. The Del Zios brought suit for intentional infliction of emotional distress and wrongful conversion. The jury returned a verdict for the Del Zios on the intentional infliction claim, but for the hospital on the wrongful conversion cause of action. We glean two things from New York-Del Zio. First, a holding facility disposing of an


embryo, without contractual right, can be liable to the prospective parents in tort. Second, if the embryo is viewed as other than property, the facility is not liable under wrongful conversion, as conversion is predicated on wrongful possession of property. This is extremely interesting because, if embryos are not property, some disposal would open the door for wrongful death claims, but one court found that it unlikely a defendant could be held responsible for the wrongful death of a human embryo because the claim would be too speculative, while another found that the state Wrongful Death Act was not applicable to situations where the embryo was destroyed pre-implantation. On the other hand, if embryos are property, it seems only logical that facilities disposing of them, in violation of an existing contract, could face liability from conversion claims, and possibly other causes of action such as trespass to chattels. WHERE EMBRYOS ARE HUMAN LIFE (OR MAY INTERPRETED AS SUCH)

“One of the most deeply held beliefs in our society is that life-whether experienced with or without major physical handicap-is more precious than non-life.”

(Bermon v. Allan, 1979, 12)

Some storage facilities may be able to legally dispose of human embryos as abandoned property. However, what about the few jurisdictions actually, or arguably, treating human embryos as human life? In those, a very interesting question would be what “should” be done to/for human embryos abandoned to storage facilities? Such inaction would be, directly analogous to, parental abandonment of a living child, so what should the judiciary do regarding the abandonment of human life not yet born?

It appears that, while a question of individual state law, the nation-wide standard, regarding the health and welfare of living children, is “best interests”. It also appears, albeit with reluctant admission from certain courts it light of the moral issues involved, that they support the existence of life over the lack of life. Combining these two perspectives, the current conclusion is that the majority of jurisdictions would hold that it is in the best interest of unborn life to have the chance to be born. Accordingly, and likely impossibly, storage facilities holding human embryos, in states that give them human status, would have to commence termination of parental rights actions in order to facilitate some form of transfer from storage to wherever the courts determine the best interests of the embryo lie. In a circuitous development, perhaps this then creates available embryos, and a judicial procedure, for true human embryo adoption. CONCLUSION

Assisted Reproduction Technology is big business and should continue to grow. The acquisition, distribution, and disposal of human embryos should grow accordingly. The reality is that, absent a United States Supreme Court decision on point, the judicial status of human embryos will be made on a state-to-state basis, arguably reflecting public policy of those respective states. Whether such determination is “right” or “wrong” is not a legal issue, but rather one of individual morality. But, as morality frequently shapes legislation and judicial decision making, it is a discussion that needs to happen now. REFERENCES A.Z. v. B.Z., 725 N.E.2d 1051 (Mass. 2000). Adamson, D. (2005). Regulation of Assisted Reproduction Technologies in the United States. Family Law Quarterly, 39, 727 – 744. Adoption. Thefreedictionary.com. Retrieved Jan. 12, 2012, from http://legal-dictionary.thefreedictionary.com/adoption.


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American Society for Reproductive Medicine. 2011. Defining Embryo Donation. Retrieved Jan. 10. 2012, from ttp://www.asrm.org/uploadedFiles/ASRM_Content/News_and_Publications/Ethics_Committee_Reports_and_Statements/DefiningEmbryoDonation.pdf. American Society for Reproductive Medicine. 2011. Membership Overview. Retrieved Jan. 5, 2012, from available at http://www.asrm.org/join. American Society for Reproductive Medicine. 2011. What is SART?. Retrieved Jan. 5, 2012, from http://www.sart.org/detail.aspx?id=1864. Baiman, A. (2009). Cryopreserved Embryos as America’s Prospective Adoptees: Are Couples Truly “Adopting” or Merely Transferring Property Rights? William and Mary Journal of Women and Law, 16, 133-154. Baum, K. (2001). Golden Eggs: Toward the Rational Regulation of Oocyte Donation. Brigham Young Law Review, 2001, 107-166. Becker, D. Georgia Passes Nation’s First Embryo Adoption Law. Retrieved March 24, 2011, from http://www.thevoicemagazine.com/headline-news/headline- news/georgia-passes-nations-first-embryo -adoption-law.html. Bender, J. (2010). Snowflakes in Texas? Enacting Legislation to Allow for Human Embryo Adoption. Texas Wesleyan Law Review, 16, 413-436. Berman v. Allan, 404 A.2d 8 (N.J. 1979). Bresnick, D. The Commodification of Human Reproductive Materials. Retrieved Jan. 18, 2012, from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC479139/pdf/jmedeth00001-0026.pdf. Brown-Barbour, V.S. (2004). Bartering for Babies: Are Preconception Agreements in the Best Interests of Children? Whittier Law Review, 26, 429-486. Conde, J.E. (2006). Embryo Adoption: The Government Adopts a Cause. William and Mary Journal of Women and the Law, 12, 273 – 303. Davis v. Davis, 84 S.W.2d 588 (Tenn. 1992). Dylan, B. (1964). The Times They are a-‘Changin. On The Times They are a-‘Changin (album). Columbia Records. Embryo. Thefreedictionary.com. Retrieved Jan. 10, 2012, from http://medical-dictionary.thefreedictionary.com/embryo. Farr, L. Whose Egg is it, Anyway? An Embryo-Custody Battle. Retrieved on Jan. 2, 2012, from http://www.more.com/relationships/attitudes/whose-egg-it-anyway-embryo-custody-battle?page=5. Florida Statutes § 742.17(2) (2009). Florida Statues Annotated § 873.05 (2000).


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The Implications of Social Media on Customer Relationship Management and the Hospitality Industry

Randal Rosman

University Nevada Las Vegas

Kurt Stuhura University Nevada Las Vegas

A look into the implications that social media has had on customer relationship management as well as the hospitality industry. This paper explores the research that has been conducted on the subject and lists possibilities for future research and study. INTRODUCTION

With the emergence of social media, consumers now have more control over how information is generated, created, organized and shared (Trackeray et al. as cited in Zhang, Mattila, & Cranage). Consumers use new media to participate in social networks, which enables them to create and share content, communicate with one another, and build relationships with other consumers (Hennig-Thurau et al., 2010, p 312). As consumers today spend a lot of time creating user generated content and posting it on the Internet, it behooves the business community, and hotels specifically, to take note and keep track of what is being done in order for them to market themselves correctly.

While travel consumers in the past relied heavily on travel journalism and traditional media to help guide them to the best places to go and the most exciting things to do, the Internet has now taken over that role as information provider (O’Connor, 2008). According to the US Travel Association, the Internet was used by approximately 90 million American adults to plan travel during 2008 with 76% of those people using it for planning leisure trips (USTA, 2009). A 2010 study published by Deloitte titled ‘Hospitality 2015’ states that social media and new technology trends will play the key role over the next five years towards the growth in the hospitality industry; the study further points out that with millions of consumers having internet access around the globe, that the study’s numbers are expected to increase by 50% in 2015 (as cited in Lee, 2010, p 7).

Given the potential impact of social media on online tourism, knowledge about the role of social media in travel information search is important in order to better inform tourism marketing practices (Fesenmaiser, 2007; Gretzel, 2006; Xiang & Gretzel, 2010, p 181). Social media is changing the ways that business are going about marketing themselves to their consumers, as it forces a rethink of traditional marketing methods. 81% of surveyed executives expect to increase investment on social media projects and reduce traditional marketing (Value of Social Media, 2010 as cited in Zhang et al., 2011).

Moving through this paper, we will look at past literature and use it to break down the effect that social media has had customer relationship management and on marketing for hotels specifically. No


rational person can deny the fact that social media has changed the world of marketing, as marketing and advertising are no longer confined to the three main channels of the 1970s, 80s and 90s, print, radio and television. Nowadays consumers can be reached at all times in almost any place they go thanks to the proliferation of Internet capable smart phones, and this means that companies must work hard to keep their brand and image relevant and on point. Another thing that we are going to be looking at is how the new social media has affected companies’ relationships with their customers, especially as it pertains to the ease of which consumers can now complain or compliment a company. With so many online rating sites, as well sites where people can publish personal thoughts via written or video format, companies nowadays have an amazing opportunity to become more directly involved with their consumers. The hospitality industry in general has been affected tremendously by the advent of the new forms of social media, as they are no long only being judged by a set of formal criteria decided upon by travel guide writers, but now are open to reviews that can be read by the “everyman”. We will be looking at how these new travel related websites, be they advertising or review, are helping and possibly hurting the hotel industry as it attempts to play catch up with this new media. LITERATURE REVIEW The Impact of Social Media on Customer Relationship Management

In the era of new media, managing customer relationships is like playing pinball - companies serve up a "marketing ball" (brands and brand-building messages) into a cacophonous environment, which is then diverted and often accelerated by new media "bumpers," which change the offering's course in chaotic ways. After the marketing ball is in play, marketing managers continue to guide it with agile use of the "flippers," but the ball does not always go where it is intended to and the slightest miscue can be amplified into a catastrophic crisis (Hennig-Thurau et al., 2010, p 313).

This statement holds its ground today as well as it did a year ago if not more so as the United States economy heads towards a possible double-dip recession. Nowadays the concept of brand loyalty is an important one as marketers advertising and promotion budgets are cut, and it is much easier to keep someone buying a good than to convince a new person to start buying it.

Customer relationship management (CRM) is important to marketers and brands today as they strive to keep their customers from “straying” to opposing brands. Customer relationship management is defined as a process which helps in profiling prospects, understanding their needs, and in building relationships with them by providing the most suitable products and enhanced customer service (“Customer Relationship Management”, n.d.). SCRM, which is the combination of social media and CRM, is described as the business strategy of engaging customers through social media with the goal of building trust and brand loyalty (Woodcock et al., 2011, p 52).

With the advent of the Internet, and social media in particular, it has never been easier to connect with ones consumers than it is now. Traditional CRM helps to manage customer relationships on a huge scale, but it does not help in building mutual trust between buyers and sellers as it is impossible to build trust with thousands of customers over e-mail, mail, or phone (Woodcock et al., 2011, p 53). Nowadays more than ever trust is a major factor is buyer-seller relationships, as we only have to look at China to see how much a company can fall after losing their customers trust. According to Woodcock et al., SCRM is how:

We [the marketer] help you engage with us, whenever you need to, wherever you are, in ways that are convenient to you; provide you with the personal experience you need to keep you engaged, informed, interested and maybe even entertained; transact with each other, or through third parties, in ways that are mutually valuable; get to know each other over time so that we can tailor what we do (and how we do it) with you in mind (2011, p 52).


As you can see, SCRM is very individually focused, and since a large part of CRM deals with building trust, it is important that the consumer be made to feel that they are important to your brand or company. SCRM can also be useful for a company, as it supports the whole customer lifecycle, and should lead to increased sales and decreased costs if implemented correctly (Woodcock et al., 2011, p 55).

Customer relationship management is not a new concept, nor has it tenets changed dramatically; it is just the way that it is carried out now that has changed. Kierzkowski et al., (1996) point out that retaining customers is the perquisite for learning and building relationships with them, and Chan and Guillet (2011) continue on by pointing out that providing interesting and valuable content on social media sites has become very important for that reason (p 365). It is essential for marketing managers to continuously find a solution to appeal to and to keep new and current customers (Schneider, 2009 as cited in Lee, 2010, p 2). Since, as Lee (2010) points out, when a company gets their customers involved and engaged, it leads to lasting working relationships (p 7). Furthermore, there is a strong correlation between high customer-retention rates and sustainable profits (Murphy et al., 2003, p 73), which goes to explaining why social media should be considered a key element these days in CRM.

A significant part of CRM, and usually the first step in the relationship process is getting to know your consumers, their likes, dislikes, and things of that nature. This learning process has been going on for years, especially in the hotel industry, with the comment cards that guests would fill out. As Stringam and Gerdes Jr (2010) state, hoteliers have found that review of the information in comment cards enabled them to make management decisions that resulted in improved service operations, increased profitability of the hotel, and increased the loyalty of hotel guests (p 776). It is important that companies listen to their customers, because by doing so they might just be able to avoid a pitfall down the road.

Social media can make it much easier for companies to learn about their customers, even if it’s just by reading what they write online. Kaplan and Haenlein (2010) say that companies should find out what their consumers would like to hear, what they would like to talk about, and what they might find interesting, enjoyable, and valuable; then the company should go about developing and posting content that fits those expectations (p 66). O’Connor (2008) also points out that becoming friends with the customer allows companies to see first-hand what their customers are like, and can be an incredible source of market intelligence, as it can give them access to information that would be difficult or impossible to obtain otherwise.

Another important step in the CRM process is that of retaining consumers. Woodcock et al., (2011) point out that through the use of SCRM a company can get to know their high value customers, and then proceed to market accordingly to those customers (p 56), ideally creating the feeling for the customer of being in a one-on-one relationship with the company or brand. This is one of the major pluses of using social media in CRM, as it has the ability to create a sense of trust between the marketer and the consumer, and it can also lead to better customer service. Murphy et al., (2003) show that customer service has a strong link to customer satisfaction, which then yields customer loyalty and long-term profitability (p 76). It has also been shown that when a company gets their customers involved and engaged, it can lead to lasting working relationships with organizations (Lee, 2010, p 7), and that maintaining ongoing contact is essential to developing and keeping that relationship (Keirzkowski et al., 1996, p 15).

The third step in the customer relationship management cycle is engaging the customer, because through engaging the customer, you can keep them on your side. Woodcock et al. (2011) state that it is clear that the greater the consumer engagement, the greater the financial value of the customer, and that a deeply engaged, or committed consumer has 5x-8x the value of an average consumer (p 56). This means that if you are able to engage your consumers and move them from just being mildly committed to engaged, you increase the value of that consumer for your company.

Different types of social media can have different effects on consumers and consumer brand relationships. A fan page on Facebook allows customers to communicate with one another, and more importantly, to communicate with the company (Zhang et al., 2011, p 1). The use of corporate blogs enables companies to strengthen relationships with their customers (Lee, 2011, p 17), as the customers are kept abreast of the happenings at the company and therefore feel involved. Firms are also increasingly


trying to use online communities to enhance their customer relationships (McAlexander, Schouten, and Koenig, 2002, as cited in Hennig-Thurau et al., 2010, p 319). For example, in online communities of information technology firms such as Hewlett-Packard and Microsoft experienced customers support peer customers who face product-related problems ("consumer support forums"; e.g., Mathwick, Wiertz, and De Ruyter 2008, as cited in Hennig-Thurau et al., 2010, p 319).

As mentioned previously, the hospitality industry has been very involved in customer relationship management for years. Tourism businesses and organizations have adopted the Internet as one of the primary communication channels for gaining and retaining visitors (Buhalis and Law, 2008; Pan et al., 2011). Jeong and Jeon (2008) point out that with varied formats of CGM, the hospitality industry is becoming more open minded about listening to customers' unfiltered and candid experiences about it offerings. In doing so the industry immediately addresses issues and acts appropriately to establish a lifelong relationship with its customers (Starkov & Price as cited in Jeong & Jeon, 2008, p 124). In a look towards the future, O’Connor (2010) identifies that hotels will need to actively embrace the concepts of social networks and user-generated content, and try to leverage these developments to generate incremental business and build customer loyalty (p 769).

To sum up, when harnessed with CRM, social media can deliver financial benefits to companies in every sector. The benefits are centered on 'customer engagement' and are not peripheral but fundamental to driving business performance. Financial benefits apply across the customer lifecycle, in acquisition, retention, value development and managing cost to serve (Woodcock et al., 2011). In addition, engaged consumers on social media have the desire to actively engage and to become both producers and consumers of information, so called "prosumers" (Toffler, 1980, as cited in Kaplan and Haenlein, 2010, p 66). The Impact of Social Media on Hotels

When it comes to hotels, the Internet and social media has changed how they do business over time. As Litvin et al. (2008) point out, cyberspace has presented marketers with new avenues to improve the efficiency and effectiveness of communication, and new approaches for the acquisition and retention of customers (p 458). Hotels and social media appear to be a great fit, as hotels are information gatherers and always try and get repeat business from their consumers. These days, hotels use the Internet to provide information and to promote and distribute their products and services (Murphy et al., 2003, p 72). They realize that in order to stay competitive in the digital world, the hotel has to be engaged or involved with their intended consumers, usually through some form of social media, while increasing awareness about their brand and building relationships with both new and loyal customers (Lee, 2010, p 11). On the whole, the popularity of travel distribution over the Internet has provided hoteliers and consumers alike the opportunity to review consumer generated content across the industry. This is important because when used together, these reviews and ratings provide a powerful tool and a wealth of data to hotel management (Stringam & Gerdes Jr., 2010, p 775).

When it comes to social media sites, there are a lot out there, and they tend to vary in importance from place to place around the world; here is a look at some of the social media sites that are popular with hotels. According to a study done by Chan and Guillet (2011), among the 23 social media sites investigated in their study, Twitter (56.7%) and Facebook (53.7%) were the most widely used social media sites in the industry (p 353). Following those were YouTube (38.8%), Flickr (26.9%), and TripAdvisor (23.9%) (p 353), so as you can see, hotels appear to be on more than one social media site at a time. A few other interesting facts from their study was that only 15 out of the 67 hotels that they surveyed used blogs for marketing purposes, and that few of the hotels surveyed used Second Life, MySpace, or LinkedIn as a way to stay connected with their consumers (p 354). This is not necessarily a bad thing though, because as Chan and Guillet (2011) point out, hotels do not need to be present on all social media sites, and they should take firm-specific traits into consideration when deciding which social media to use (p 365).

When it comes down to joining a social media site, it is important that hotels do so without hesitation and with a plan. Social media can be very useful for a hotel, as not only does it let them interact with their


consumers, it can help them to move product as well. As O’Connor (2008) puts it, from the supplier perspective, the highly perishable nature of travel products makes effective distribution particularly important, as any unsold item cannot be stored and subsequently consumed at a later date. Using social media as a marketing tool can also provide a good ROI for a hotel, as it requires a low cost of investment, and yet can provide so many benefits. This is confirmed by Hailey who says that there are advantages in marketing through social media, low cost investment, direct consumer communication, brand communication and also it acts like a verbal evidence theory that people tend to believe when compared to commercial advertising (as cited in Lee, 2010, p 8). Buhalis and Law (2008) also point out that by being on social media, hotels can learn more about their users, and in turn, use their new gained knowledge to more effectively market themselves to their consumers, as well as provide new products or offerings that their consumers might enjoy. In general, by joining a social media site, a hotel opens itself up to opportunities that it would not as easily have otherwise, such as the ability to gather consumer information, see trends in the industry, and create better relationships with its consumers.

When it comes to hotels and consumer generated media (CGM), hotels and consumers use it in different ways. For consumers, CGM seems to be a way for them to double-check what they have heard about the hotel or destination that there are going to. According to Gretzel & Yoo, word-of-mouse recommendations have been shown to affect the purchase decisions and public perceptions of hotels (as cited in Stringam & Gerdes Jr, 2010, p 775). Another study by Gretzel et al., quote statistics from Complete, Inc. that suggest that almost half of travel purchasers used CGM in their travel planning, and that one-third found its input useful (as cited in O’Connor, 2010, p 760). The issue of trust is also brought up when dealing with CGM, and it is important for hotels to note that in a survey carried out by TimesOnline in 2007, 82% of respondents trust reviews posted on a travel review site like TripAdvisor.com (McGarth & Keenan, as cited in Jeong & Jeon, 2008, p 125). If consumers are so trusting of what is put on travel review sites like TripAdvisor, it behooves hotels to pay attention to what is being said on there, and to act accordingly.

There are two ways for hotels to use CGM, they can either create it themselves, or react to what others are putting online. In the case of company created media, the key for the hotel is to stimulate usage and to make bulletin boards interesting and lively so that consumers return often to their site (Litvin et al., 2008, p 464). Examples of hotel created media include the blog, Marriott on the Move!, which is used by Bill Marriott, Chairman and CEO of Marriott International, to engage in a dialogue with consumers. Another example would be the Wynn Las Vegas and Encore hotels using Twitter and Foursquare to stay connected with their guests (Lee, 2010, p 13), and using those applications to provide up to the minute updates on happenings around the hotels.

When it comes to using the CGM that consumers are posting online, one of the most important things a hotel can do is to listen and learn. The best way to gain a full understanding of a customer's feelings about a hotel is to analyze the content of the customer's comments (Lewis & Pizam, 1981; Pullman, McGuire, & Cleveland, 2005; Stringam & Gerdes Jr, 2010, p 776), and these comments can now be posted anywhere on the Internet. Analysis of guest comments is not something new for hotels; they have used it for years to help them correct problems with services or products that have been pointed out to them. This in turn had the ability to lead hotels to greater profitability as they could become more efficient, and could also create loyalty as consumers could see that their comments were taken to heart, and so there a bond could form between the two. A salient point broached by Jeong and Jeon (2008) was that managers, by listening to guests’ voices about their hotel experience, have an opportunity to review and re-evaluate their operational strategies and management goals against industry norms and performance averages (p 136). Jeong and Jeon (2008) also point out that:

Hotel review sites seem to provide hotel management with valuable market information that is not directed by researchers, but freely volunteered by guests, thereby offering a raw opportunity to read industry performance trends as well as benchmark a hotel against the industry in general. (p 137)


What is better than free information that can help you as a business to grow and possibly prosper? Very little, so it is important for hotels to take note of CGM and to monitor it closely so that they can track industry and customer trends, as well as learn about improvements that they might need to make.

One of the main types of CGM that hotels deal with frequently is that of EWOM, and due to the Internet, it can spread quickly to everyone. According to the Cornell Center for Hospitality Research, hotels have relatively little control over consumer generated ratings and word-of-mouse recommendations (as cited in Stringam & Gerdes Jr, 2010, p 775), which means that hotels must always be reacting to it. This is important, especially in the case of hotels, as EWOM is thought to be particularly important for services (particularly those that are complex or are associated with high risk such as leisure travel), as their intangible nature makes pre-purchase trial impossible (Mazzarol, Sweeney, & Soutar, 2007 as cited in O’Connor, 2010, p 758). Kirkpatrick and Roth (2005) point out that you can also manage EWOM for the purpose of revenue generation (as cited in Litvin et al., 2008, p 463), since people will see positive EWOM as a recommendation for your property, and can therefore drive consumers to choose you over a competitor. Litvin et al. (2008) also say that by allowing and encouraging EWOM on the company created social media site through posted comments, it can provide the host company genuine and untainted consumer feedback, while at the same time providing a service recovery mechanism to reply, rebut, or rebuff negative comments (p 464). That does not have to just apply though for the company’s own social media site; it is important that hotels continuously track what is being said about them everywhere on the Internet, especially on travel review sites. As O’Connor (2010) points out, on TripAdvisor, hotels have the opportunity to post a management response to each review (p 762), however, that fact does not seem to be being taken advantage of. Chan and Guillet (2011) in their study of Hong Kong Hotels and social media, found that only about 24% of hotels responded to customer reviews on TripAdvisor, and of those that replied, 25% only provided a one-off response (p 353-354). It is important for hotels to get involved in responding to EWOM, especially negative EWOM, as it has the ability to drive customers away if they are given no context for the negative review.

In summation, tourism businesses need to better monitor the information sources from the third-party and Web 2.0 websites such as TripAdvisor.com and take advantage of them (Pan et al., 2011, p 373). For hotels using social media, Kierzkowski et al. (1996) states that frequent updating is important, as fresh but still valuable content keeps customers returning to your site. A final point that needs to be stressed is that some hotels seem to have the misconception that social media is just another advertising channel. Ergo, they fail to socialize, respond, interact, and build relationship with customers, which is an essential component of SM (Briscoe, 2009; Kaplan & Haenlein, 2010; Scott, 2007; Tylee, 2009; Xiang & Gretzel, 2009; Chan & Guillet, 2011). IMPLICATIONS, LIMITATIONS, AND FUTURE RESEARCH

The present study builds on the work of Chan and Guillet (2011), but this study has a different scope.

Chan and Guillet look into how the hotel industry as a whole in Hong Kong is utilizing social media marketing, whereas my study looks specifically at four and five diamond hotels located in the Las Vegas area.

While the study has not yet been completed, from looking at the literature, it can be extrapolated that hotels in general are for the most part not using social media to its full potential, and in many cases are using it incorrectly. It can be inferred that hotels need to change up their marketing game plans in some cases in order to take advantage of social media and all the benefits that it may contain. From the literature we can also see that online word-of-mouth, EWOM, has a large influence of users of Internet travel review sites, whether it is on TripAdvisor or on Facebook.

This study is very limited in its scope as it only looks at 30 hotels, and should not be generalized for the industry as a whole. This study specifically looks at four and five diamond hotels, and as is the case in most places, they are not the dominant supplier of rooms in the Las Vegas hotel industry. This study is also limited in that it uses second hand data in compiling its information, and that it only takes its data from a short window of time.


Future research might want to look at other parts of the Las Vegas hotel industry and its use of social media marketing, or even look at any major metropolitan city in the United States as few studies seem to have been done on it yet. Alternatively, researchers may choose to replicate this study and see if hotels have improved or regressed in their use of social media over time. REFERENCE LIST Alexa. (2011). Flickr.com Site Info. Retrieved from: http://www.alexa.com/siteinfo/Flickr.com Brand Management. (n.d.). In Business Dictionary. Retrieved from: http://www.businessdictionary.com/definition/brand-management.html Buhalis, D., Law, R. (2008). Progress in information technology and tourism management: 20 years on and 10 years after the Internet – The state of eTourism research. Tourism Management, 29, 609-623. doi: 10.1016/j.tourman.2008.01.005 Customer Relationship Management. (n.d.). In Business Dictionary. Retrieved from: http://www.businessdictionary.com/definition/customer-relationship-management-CRM.html Chan, N. L., & Guillet, B. D. (2011). Investigation of Social Media Marketing: How Does the Hotel Industry in Hong Kong Perform in Marketing on Social Media Websites?, Journal of Travel & Tourism Marketing, 28(4), 345-368. doi: 10.1080/10548408.2011.571571 Gretzel, U., Kang, M., & Lee, W. (2008). Differences in Consumer-Generated Media Adoption and Use: A Cross-National Perspective. Journal of Hospitality & Leisure Marketing, 17(1-2), 99-120. doi: 10.1080/10507050801978240 Hennig-Thurau, T., Malthouse, E. C., Friege, C., Gensler, S., Lobschat, L., Rangaswamy, A., & Skiera, B. (2010). The Impact of New Media on Customer Relationships. Journal of Service Research, 13, 311-329. doi: 10.1177/1094670510375460 Huang, Y., Basu, C., & Hsu, M. (2010). Exploring Motivations of Travel Knowledge Sharing on Social Network Sites: An Empirical Investigation of U.S. College Students. Journal of Hospitality Marketing & Management, 19(7), 717-734. doi: 10.1080/19368623.2010.508002 Jeong, M., Jeon, M. M. (2008). Customer Reviews of Hotel Experiences through Consumer Generated Media (CGM). Journal of Hospitality & Leisure Marketing, 17(1-2), 121-138. doi: 10.1080/10507050801978265 Kaplan, A. M., Haenlein, M. (2010). Users of the world, unite! The challenges and opportunities of Social Media. Business Horizons, 53, 59-68. Kierzkowski, A., McQuade, S., Waitman, R., & Zeisser, M. (1996). Marketing to the Digital Consumer. The McKinsey Quarterly, 1996 (number 3), 5-21. Las Vegas Visitors Convention Authority. (2010). 2010 Las Vegas Year-to-Date Executive Summary. Retrieved from: http://www.lvcva.com/getfile/624/ES-YTD2010.pdf Las Vegas Visitors Convention Authority. (2010). 2010 Las Vegas Visitor Profile. Retrieved from: http://www.lvcva.com/getfile/107/2010%20Las%20Vegas%20Visitor%20Profile.pdf


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When It Froze in Florida: The Challenges That Occur When Farmers and Local Residents Collide

David J. Bechtold

University of Tampa

Alex Monroe University of Tampa

Spraying fields with water during a severe freeze is a common practice in Florida. In January of 2010 this practice resulted in the development of sinkholes, dry wells, and a call for water restrictions. Gary Parke, a hydroponic farmer, did not experience significant crop damage nor did he draw significant amounts of water from the aquifer to protect his crops. Hydroponic farming is an ancient approach to farming where water instead of soil is used to grow plants and is looked upon as a possible approach to environmentally safer farming that can be used in urban and suburban farming. INTRODUCTION

Over the past several decades water and water rights have become an issue of growing controversy between farmers and non-farmers as rural land becomes suburbs to large, growing urban areas. Where 50 years ago a square-mile in a rural area may have 5 homes and acres of citrus, strawberries, or tomato fields, today that same square-mile could have 500 homes, parks, recreational centers and even hotels that are intermingled with working fields. Yet it is not just access to water that can be points of controversy. Sometimes it is the aftermath when water is used that creates anger, hardship, and a call for change.

In January 2010 the state of Florida experienced 11 straight days of below freezing weather. This weather impacted agricultural crops throughout the state exacting millions of dollars of damage. In central Florida this damage would've been even more devastating, especially for the regions strawberry producers, had it not been for the continuous spraying of the crops with water from deep water wells. This approach to combating freezing temperatures has been the standard for the past 60 years and has saved millions of dollars of crops. That winter however the approach the farmers used created numerous sinkholes, dry wells, and great animosity between the farmers and the homeowners in the region. This animosity created a call for new regulations regarding water access by farmers as well as a call for a new approach to farming.

The following case considers the challenges facing agriculture as farmers try to cope with the increasing intrusion of urban and suburban areas into what were traditionally agricultural farmlands. We will investigate more fully some of the arguments that were made by the farmers who were damaged as well as look at technology being used in the region that allowed some farmers to protect their crops from the freeze without excessively draining underground aquifers. Technology that was developed 5000 years


ago that when used today can create new approaches to farming, new and profitable markets for produce and vegetables, and peaceful co-existence between farmers, homeowners, and businesses. THE FLORIDA FREEZE OF 2010 AND ITS AFTERMATH

On January 3 of 2010 a cold front settled into Plant City, Florida. Overnight lows were projected to

be below freezing and in response to this projection strawberry farmers in the region began spraying their fields to protect their crops. This water was drawn from deep wells that were connected to the primary aquifer that provided water to farmers, homeowners and businesses in the Plant City area. This approach to freeze mitigation has been common practice in Plant City and throughout Florida for over 60 years so there was little concern when the sprayers came on. Over the course of the next 11 nights the temperature continued to drop below freezing and the farmers continued to spray their fields. In spite of the spraying most farmers experienced significant damage to their crops. Yet the biggest challenges that the farmers faced were in many instances not caused by the cold weather but rather by their continuous use of the underground water aquifer to spray their fields. As the cold spell continued sinkholes started to appear in fields, in county roads, and under homes in and around Plant City. Sinkholes

Sinkholes are ground-surface depressions that result when a subterranean void weakens support of the overlying earth (InterNACHI website). In Florida these depressions were caused due to a rapid depletion of aquifers that could not be replenished through groundwater seepage quickly enough to prevent the collapse of limestone underground structures. Over the course of the eleven-day freeze 140 sinkholes were reported in the region. In addition to the sinkholes there were also over 750 complaints regarding dried-up or damaged residential wells (Jackson, J., 2012). Even as the sinkholes appeared the farmers continued to spray their fields drawing down millions of gallons more of water from the aquifer each night and raising the frustration and anger of their neighbors.

“My home is being consumed by a sinkhole!” one resident in the region told a news reporter, “You can talk about the weather, the aquifer, the farmers, wells, and people’s homes, but it all comes down to a need to restrict water usage” another said (Newman, G., 2010). The farmers were accused of being insensitive to the homeowners. They saw the damage caused by their pumping and still they continued pumping water night after night. Calls for water restriction and alternate water use permits on the farmers soon resounded throughout the region.

The farmers respond by saying that they were willing to repair any damage that they may have caused but it was their belief that the damage was not caused solely by their farming (A. Monroe, personal communication October, 2010). The farmers felt that the change in land use that had occurred over the past several decades was the cause. It was not that long ago when farmers and their farms coexisted with only a few homeowners. In those days they said when cold weather settled over the region spraying the fields rarely caused residential wells to go dry or sinkholes to appear.

The farmers also pointed out that even though it seemed to be excessive the water they used for those 11 nights was actually significantly less than the water they use in late summer when they start to plant their fields, an activity that normally causes little or no damage or sinkholes in the region. It was the farmer’s belief that they were being held solely accountable for what they felt was a combination of their need to access water to protect their crops as well as the high-density housing developments in the area that became much more active in wintertime due to seasonal residents as well as the increased tourism in the area. Combined all of these factors contributed to excessive water use in the region that was then exacerbated during those 11 nights (A. Monroe, personal communication October, 2010).

The farmers noted that they were already responsible for repairing any dry or damaged residential wells that may have been impacted by their actions even though they had been working the land long before these new homes arrived. For some farmers these were significant costs above and beyond what was lost due to frozen crops and freeze damage on their own property. They also wanted people to


remember that their farms provided an economic and a societal benefit to the region even as they are being vilified for trying to protect their livelihood.

After the Freeze

However the repercussions of those 11 days continues to reverberate throughout the state. After that winter freeze the insurance industry asked the Florida Legislature to limit the liability on property damage claims related to sinkholes, while county environmental protection agencies continued to warn that current practices and the states doctrine of sovereign immunity were making sinkholes an even more frequent occurrence to the detriment of the state’s economy as well as to public safety. In response to the issue of sinkholes that were occurring in 2012 in Alachua County Chris Bird, the counties EPA Director stated, “Even though it is related to the drought, it’s really over-pumping of the aquifer that is making matters worse and making conditions such that we’re more likely to have sinkholes” (Gainesville Sun, 2012). As Ted Campbell, executive director of the Florida Strawberry Growers Association said during the freeze, “we really don't want to shrink the industry, yet we want to protect any collateral damage that may occur. So the answer is (to) find alternative freeze mitigation, not to restrict annual use permits, and put farms out of business.” (Newborn, S., 2010).

Even before the freeze one farmer in the region had begun to look at new technologies in order to produce a strawberry crop. He took as his inspiration how the ancient Babylonians created their “Hanging Gardens” and how the Aztec’s fed their population in their capital city of Tenochtitlan, a city that at that time was twice the size of the largest cities in Europe. The Babylonians and the Aztecs did this by using hydroponic farming methods to grow their crops and this is what Gary Parke of Parke Family HydroFarms had been doing since January 2005. Parke Family HydroFarms

Strawberry farming in Plant City, Florida has been part of the Parke family heritage for well over 50 years. R. E. (Roy) Parke, the largest strawberry farmer in the state, was a farmer who immigrated to Pennsylvania from Northern Ireland in 1924. He and his family moved to Plant City, Florida in 1956 and started their first farm on 10 acres. Ironically it was Roy Parke that first used his sprinkler irrigation system during a freeze to protect the crops from damage and established the standard that is used for freeze mitigation throughout the state (The Grower, 2008).

The legacy of farming in the Parke family has been passed down from father to son and daughter. Today in the region several Parke family members own strawberry farms or are active members of the Strawberry Farmers Association. They look to promote farming and the value that farming has to the region whenever the opportunity presents itself. Most of their farms are traditional farming operations that require large plots of land. Gary Parke, however, decided to try something different in his approach and began a hydroponics farm. HYDROPONIC FARMING

While hydroponic farming is extremely old, the modern use of this technology is fairly recent. The central difference between hydroponic farming and traditional farming is that hydroponic farming suspends plants in a water-based solution rather than in soil. The solution allows for moisture and nutrients to be fed directly to root systems rather than having it seep through inches of soil. This approach is not only more efficient it is also more environmentally friendly as fertilizer and other chemicals are applied in appropriate quantities directly to root systems rather than spread on the topsoil and then filtered to the roots, and the environment, through the use of heavy irrigation.

The effects of hydroponic farming on water usage are significant. Parke says that each of his strawberry plants requires 4.8 ounces of water daily compared to 250 ounces of water daily that is required for his neighbor’s field grown plants (Parsons, V., 2007). As Parke said, “traditional farms probably use more water in half an hour than I use in two weeks”. Yields are also much higher according to Parke where an acre of strawberries planted in hydroponic towers is equivalent to 6 acres of field


grown plants (Behnken, S., 2010). Yet to acquire these advantages requires a significant upfront investment.

When Gary Parke established his hydroponic farm his family and neighbors questioned his decision to invest the amount of money that he invested to prepare such a small amount of acreage. According to Ted Campbell a hydroponic farm may cost as much as $60,000 an acre to prepare (Behnken, S. 2010). A similar investment in a traditional farm would have prepared 5 to 10 times the acreage. Parke had to drill deeper wells, and he had to use a complex array of plastic, PVC piping, and plant towers in order to support his crop. In spite of the costs Parke believed that this approach to farming was superior to traditional farming methods. His reasoning was that this approach not only produced healthier crops, it was also a safer way to farm. Hydroponic Farming – A Safer Food Source

In all types of farming providing plants with water and nutrients represents the greatest, and most expensive, challenge. At Parke Hydrofarm Gary Parke provides nutrients directly to root systems, which unlike traditional and organic farmers, insures that leaves and produce are not contaminated with fertilizer being left on the plant. “Hydroponics is a safer food source; it's a more controlled food source. Do you remember salmonella? Unfortunately, it killed two folks – the spinach scare a few years ago? Well, what happened was that a farmer or farmers were broadcasting their fertilizer. They were fertilizing their fields like all farmers do. You spread out the manure and then you turn on the water. For example, if you were out in the middle of the field it would land on your chest and everywhere. You turn the water on to get it to go off your chest and go into the ground where you want it to go. For whatever reason, they (the farmers of the contaminated spinach – authors) didn't leave the water on long enough. Maybe the sprinkler in a section of the field wasn't turning properly or something and the salmonella dried, the manure dried, on the spinach leaf. And when it's dried we cannot see it, so it's harvested and sold and unfortunately people die. Hydroponically I feed everything to the root system. What happened to the spinach is called feeding foliarly (applying an application to the leaf of the plant - authors). You put it out everywhere and then you use your watering system to put it into the ground. I don't leave anything on the leaf so it's never a problem” (A. Monroe, personal communication October, 2010). Hydroponic Farming – Public Health and Safety

It was this concern for safety that was one of the main appeals for Parke when he started his hydroponic farm. Not just food source safety for the consumer but also work-place safety for himself. Parke decided to go into hydroponic farming because “I didn't want to use insecticides and pesticides because I will be exposed to it. The fringe benefit of my customers getting pesticide free produce is that I'm not getting exposure. I was a pallbearer in my 20s for a farmer who was 46. I am now 47. Guy never smoked or drank and I am burying him because he was exposed to the pesticides he was using every day” (A. Monroe, personal communication October, 2010).

Chronic exposure to pesticides and chemical fertilizers have come to be consider as a risk factor for certain neurodegenerative diseases and certain types of cancers for farmers and other members of the farming community. When the National Cancer Institute conducted its Agriculture Health Study they found that people in the farming community have lower death rates than the general population for chronic diseases such as coronary heart disease as well as for lung, esophagus, bladder and colon cancer. Researchers felt that this reduced risk was due to a general healthier life style that included lower smoking rates, a more physically active lifestyle, and dietary factors.

However, these same individuals were also found to have higher incidence rates for leukemia, non-Hodgkin’s lymphoma, multiple myeloma and soft tissue sarcoma as well as for cancers of the skin, lip, stomach, brain, and prostate (National Cancer Institute, 2011). Other research conducted by the National Institute for Neurological Disorders and Stroke (NINDS) found that chronic exposure to pesticides appeared to also be a risk factor of certain neuro-degenerative diseases such as Parkinson’s Disease (Petrovitch, H., Ross, G.W., Abbott, R., Sanderson, W.T., Sharp, D., Tanner, C.M., M

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