2003 Proceedings

2003 ALSB National Proceedings

Selected Referred Papers Delivered at the 2003 ALSB Annual Conference
Nashville, Tennessee

Editor’s Forward

The 78th annual meeting of the Academy of Legal Studies in Business was held August 13 -17, 2003, at the Loews Vanderbilt Hotel in Nashville, Tennessee. The academic program was attended by 268 members and included 144 paper presentations, 17 panels, teaching and research symposia, and various other discussions and workshops.

From the papers presented, eighteen of the papers were submitted for double-blind review. Approximately eighty-eight percent of the submissions were accepted for publication in the Proceedings. The acceptance rate was somewhat higher than last year. These papers are representative of the papers presented in Las Vegas and are divided into four topics, plus a student paper section, and the Distinguished Paper section in the Proceedings. The two Distinguished Proceedings papers were selected as the best from all the submissions, and were presented during a special session at the conference. Congratulations to Robert Kearney, author of the Outstanding Distinguished Paper, and to Lynda Oswald, author of the Distinguished Paper.

Deep appreciation is extended to everyone who contributed to the success of the 2003 ALSB meeting. Special thanks to Program Chair Nancy Kubasek for her hard work and planning of the academic and social programs, and to Executive Secretary Dan Herron for his perpetual efforts on behalf of the Academy without which we would be lost and know it. I would like to thank the reviewers for the Proceedings, and the discussants of the Distinguished Papers, for their hard work. Your service to the Academy is much appreciated.

The 2004 annual meeting will be in Ottawa, Canada from August 17th to 21st. Make your plans to at the Westin Hotel – City Center. There will be a Distinguished Paper session at the meeting, a Distinguished Paper section in the Proceedings, plaques, and monetary recognition of the Distinguished Papers. I encourage everyone to participate in the ALSB meeting and in the Proceedings.

Ernest W. King
University of Southern Mississippi
September 2003

2003 Proceedings Reviewers

I would like to thank the reviewers for the 2003 ALSB Proceedings. Your time, effort, and thoughtfulness make the Proceedings better every year. I enjoyed working with all of you, and look forward to next year.

Debra Burke, Western Carolina University

Vincent A. Carrafiello, University of Connecticut

Rick Coffinberger, George Mason University

Timothy L. Fort, University of Michigan

Marianne Jennings, Arizona State University

Dana M. Muir, University of Michigan

John Norwood, University of Arkansas

Michael O’Hara, University of Nebraska – Omaha

Lynda J. Oswald, University of Michigan

Cindy A. Schipani, University of Michigan

Index of Papers

Distinguished Papers

The Unintended Hostile Environment: Mapping the Limits of Sexual Harassment Law by Robert A. Kearney

Challenging the Registration of Scandalous and Disparaging Marks Under the Lanham Act: Who has the Standing to Sue? by Lynda J. Oswald

Corporate Law

Corporate Governance in Australia: Implications of Recent International Developments by Paul von Nessen

Corporate-Owned Life Insurance: Another Financial Scheme That Takes Advantage of Employees and Shareholders by Susan Lorde Martin

Employment Law

Pre-Employment Agreements: A Boon for Employers or a Boondoggle for Employees by C.W. Von Bergen, William T. Mawer and Barlow Soper

Workplace Harassment: A Proposal for a Bright Line Test Consistent With the First Amendment by Debra Burke

Ethics

A Corporate Executive’s Social Responsibilities with Regard to Law: Cooperate, Comply, or Evade? by Daniel T. Ostas

The Alien Tort Claims Act of 1789: An 18^th Century Law Becomes a 21^st Century Tool in Combating Human Rights Violations – An Ethical Examination by Edward J. Schoen, Joseph S. Falchek, and Margaret M. Hogan

Why People Obey Law: Implications for Reforming Corporate Governance by Daniel T. Ostas

Miscellaneous

A Delicate Balance Upset: A Preliminary Survey of Exceptions and Limitation in U.S. and European Union Digital Copyright Laws by Susan J. Marsnik

Discovering and Developing Thinking Styles in Business Students by Kimberlianne Podlas

An Empirical and Normative Analysis of Television’s Contribution Consumer Litigiousness by Kimberlianne Podlas

Intra-Family Transfer of Business and Real Estate for Self-Canceling Installment Note: A Potential Technique for Cutting Estate Taxes by Martin H. Zern

The Ecological Challenges of War by Timothy L. Fort and Cindy A. Schipani

The First Amendment and Newsracks by Vincent A. Carrafiello

Student Papers

An Entrepreneur’s Guide to Data Privacy Law in the United States and European Union by Brian P. Kalis

Ending Brownfields Paralysis: Community-Based Decisions and Government Cooperation to Achieve Full Stakeholder Involvement by Matthew A. Brody

International Cooperation and the Colorado River Delta by Kelly Averbeck

[Cite as: 32 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2003)]

From Our Members

It was 1984. I had just finished my LL.M. at UGa. I had caught America like a disease, like an addiction. One of my Professors in the UGa Law School was aware of my subject areas here in the UK and introduced me to Lee Reed and Peter Shedd. I have attended every Annual Conference since Philadelphia – was that 1987? 1988? Thank you ALSB. Thank you for feeding my addiction.

Peter Shears - Plymouth University

I came to my first ALSB meeting in 1982, the first year I taught Business Law, and I have been coming ever since. As a new professor coming out of the practice of law, I found it incredibly helpful to have a cadre of people I could call on to help me make the transition, and clue me in about research, writing and pedagogy. I found a warm and welcoming professional community of people doing exactly what I was doing and over the years, it has never ceased to be helpful, as well as remaining warm and welcoming to all.

ALSB has meant making new friends and establishing great professional connections.

Nancy Lasher - The College of New Jersey

As a longstanding Chair (24 years) of a Department of Business Law with 13 full-time and 21 adjunct faculty members, ALSB has provided me with invaluable materials and support to help me in my constant efforts to educate and remind administrators and faculty from other business disciplines, as to the critical role and vitality of business law in a professional business education curriculum. It has also served as a fruitful source of meeting accomplished and notable colleagues who have graciously served as external reviewers of faculty scholarship for tenure and promotion decisions, and external reviewers of the department and its programs as well. All this is in addition to the general congenial and stimulating sharing of ideas and subjects of interest at our marvelous annual meetings and all year long through the ALSBH listserv.

Elliot Axelrod - Baruch College/City University of New York

I have taught Business Law for 30 years. Throughout that time ALSB has been a place to seek advice on new teaching techniques; share and receive feedback on research; learn from others’ presentations at the annual conference;and generally meet, greet and enjoy the comraderie of colleagues. In a phrase – ALSB provides the opportunity for ongoing professional growth. Thanks, ALSB!

Karen Morris - Monroe Community College, State University of New York

The ALSB and its members were so supportive of me when I first joined as a tenure track faculty member. ALSBers gave me feedback on my work and gave me a number of great opportunities like participating in a Cornell Law Symposium or the Huber Hurst seminar to mention just a few. I have also developed some great friendships over the years which I really value. It is such a family friendly venue too and my husband and grown daughter have enjoyed attending many events. Thank you ALSB.

Beverley Earle - Bentley University

As the lone law professor in our College of Business, the ALSB provides me with a true sense of community, supplying invaluable feedback and opportunities to grow both professionally and intellectually.

Michael Katz - Delaware State University

2003 Proceedings

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