2006 Proceedings

2006 ALSB National Proceedings

Selected Referred Papers Delivered at the 2006 ALSB Annual Conference
St. Petersburg, Florida

Editor’s Forward

The 81st annual meeting of the Academy of Legal Studies in Business was held August 8 – 12, 2006, at the Vinoy Renaissance Hotel in St. Petersburg, Florida. The academic program was attended by 252 members and included 190 papers and panels, teaching and research symposia, and various other discussions and workshops.

From the papers presented, sixteen of the papers were submitted for double-blind review. Approximately ninety-four percent of the submissions were accepted for publication in the Proceedings. The acceptance rate was higher than last year, but the submissions reflect the quality of the scholarship of our organization. These papers are representative of the papers presented in St. Pete and are divided into five topics, plus a student paper section, and the Distinguished Paper section in the Proceedings. The three Distinguished Proceedings papers were selected as the best from all the submissions, and were presented during a special session at the conference. Congratulations to Susan L. Martin, author of the Outstanding Distinguished Paper, and to Lucien J. Dhooge and Debra D. Burke, authors of the two Distinguished Papers.

Deep appreciation is extended to everyone who contributed to the success of the 2006 ALSB meeting. Special thanks to Program Chair Lynda Oswald 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 hopelessly lost, and we are not afraid to admit 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 2007 annual meeting will be in Indianapolis, Indiana from July 30 to August 3, 2007. Bob Bennett is doing a fine job getting ready for this exciting meeting. I encourage everyone to participate in the ALSB meeting and in the Proceedings.

This is my last edition of the Proceedings after 17 years as Editor. I have enjoyed my time as Editor, and am grateful for the friends I have made, the colleagues I have met, and the opportunity to be involved with such a fine organization. I am humbled by the award I received in St. Pete, and will treasure it always. Remember whoever follows me has a learning curve to move up on, so please be as kind to him or her as you have been to me. To my extraordinary core of reviewers and discussants: you are free at last!

Ernest W. King
University of Southern Mississippi
September 2006

2006 Proceedings Reviewers

I would like to thank the reviewers for the 2006 ALSB Proceedings. Your time, consideration, and thoughtfulness make the Proceedings better every year. I enjoyed working with all of you. I appreciate everyone who ever served as a reviewer for me during my tenure as Editor.

Debra Burke, Western Carolina University

Timothy L. Fort, George Washington University

Marianne M. Jennings, Arizona State University

Stanley X. Lewis, Jr., University of Southern Mississippi

Dana M. Muir, University of Michigan

John Norwood, University of Arkansas

Cindy A. Schipani, University of Michigan

Index of Papers

Distinguished Papers

Controlling Excessive Executive Compensation: A Constant Conundrum by Susan Lorde Martin

Darfur, State Divestment Initiatives and the Commerce Clause by Lucien J. Dhooge

Service Learning Opportunities for Legal Studies in Business by Debra D. Burke

Constitutional Law

Penumbras of State Sovereign Immunity and New Federalism by Carol J. Miller

Religion and National Security: Goldman Revisited by Vincent A. Carrafiello

Copyright and E-Commerce

Ahoy, Music Pirates! Navigating the Past, Present, and Future Preemption Defenses to State and Federal Criminal Laws by Gwenda Bennett and Pamela Gershuny

Copyright Infringement: Indirect Liability, Grokster and its Effect by Deborah J. Kemp

The New UNCITRAL E-Commerce Convention in the Mosaic of Developing Global Legal Infrastructure by William J. Luddy and Peter W. Schroth

Employment

Ceballos v. Garcetti: Public Employees, Whistleblowing and the First Amendment by Edward J. Schoen and Joseph S. Falchek

Family Values First When Federal Laws Collide: A Proposal to Create a Public Policy Exception to the Employment-At-Will Doctrine Based Upon Mandatory Parenting Duty by Pamela Gershuny

Perpetuating Stereotypical Views of Women: The BFOQ Defense in Gender Discrimination Under Title VII by Suzanne Wilhelm

Securities

Securities Regulation in the U.S. Designed to Protect Naïve Investors from Sophisticated Issuers, But Does it Protect Naïve Issuers from Sophisticated Investors? by Robert Sprague and Karen L. Page

The Securities Class Action Law Suit: Cane Toad of United States Legal Procedure? by Paul von Nessen

Miscellaneous

Hurricane Katrina and Ethical Issues in Real Estate Brokerage: An Analysis of the National Association of REALTORS’ Code of Ethics by Ernest W. King and Sean P. Salter

Teaching Aid for the U.C.C. – Locations, Time & Definitions by Paul Becker, Will Mawer and Jim Speers

Student Papers

Unsafe in Any Hands? Privacy Challenges in the Information Age by William G. McGarrity

[Cite as: 36 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2006)]

From Our Members

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

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

Nancy Lasher - The College of New Jersey

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.

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

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

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

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

2006 Proceedings

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