2008 Proceedings

2008 ALSB National Proceedings

Selected Refereed Papers Delivered at the 2008 ALSB Annual Conference
Long Beach, California

Editor’s Forward

The 83rd annual meeting of the Academy of Legal Studies in Business will be held August 2008, in Long Beach, California. Since the review process is complete and to make up for last year we are presenting the proceedings a few days before what looks to be a very interesting conference. Hundreds of papers are scheduled for presentation and many interesting and worthwhile workshops are scheduled.

From the papers submitted for presentation, at the 83^nd annual meeting of the Academy of Legal Studies in Business those that were submitted for the double-blind review process and accepted for publication are presented below. It is with great pleasure that I present this peer reviewed sample of work that is representative of the high quality of the work done by our colleagues.

From the looks of the schedule, the 2008 Conference is set to be a big success. Much credit should be given to Kathleen Lacey for her hard work in organizing the conference and so many interesting sessions and workshops.

The 2009 annual meeting will be in Denver, Colorado. I encourage everyone to participate in the ALSB meeting and in the Proceedings for 2010.

We are in need of reviewers and those who would be willing to serve as discussants at the Distinguished Proceedings Sections. Please contact me if you have any interest in becoming involved with the proceedings. I assure that based upon the quality of the work that I have seen you will find it an exciting learning experience as well as a bit of a humbling experience when you become aware of the quality of the work out colleagues are doing.

Stuart T. MacDonald
University of Central Oklahoma
August 2008
smacdonald@ucok.edu

2008 Proceedings Reviewers

I would like to thank the reviewers for the 2008 ALSB Proceedings. Your time, consideration, and thoughtfulness make the Proceedings better every year. Your service to the proceedings and the authors is appreciated more than you will ever know. I sincerely thank you, and once again I would like to single out Dr. Kris Tilker of Midwestern State University always being willing to provide a useful review on very short notice.

Paul Graf, San Diego State University

Vincent Carrafiello, University of Connecticut

Robert Sprague, University of Wyoming

Richard Coffinberger, George Mason University

Dave Canarie, St. Joseph’s College of Maine

Adam Sulkowski, Charlton College of Business, UMass Dartmouth

Dana Muir, University of Michigan Ross School of Business

Marcia J Staff, University of North Texas

Won Huyng Park, Pusan National University

Mike Hogg, Tulane University

Jihong Joo, Pusan National University

Eve Brown, Indiana University Bloomington, Kelley School of Business

Barry Morinaka, Independent Scholar

Elizabeth Stapp, University of Denver

Marianne Jennings, Arizona State University

Michael J. O’Hara, University of Nebraska at Omaha

Frederick Jones, Kennesaw State University

Avner Levin, Ryerson University, Ted Rogers School of Management

Jennifer O’Reilly, Monash University

Elliot Axelrod, Baruch College/City University of New York

Roxane DeLaurell, College of Charleston

Ira Sprotzer, Rider University

Patricia Abril, University of Miami School of Business Administration

Mary Ann Donnelly, Le Moyne College

Pearson Liddell, Jr., Mississippi State University

Anita Cava, University of Miami School of Business

Ryan Hunt, Western Illinois University

Arthur Hamilton, James Madison University

Chris Birkel, University of Florida

John Norwood, University of Arkansas

David Hess, University of Michigan Ross School of Business

Pamela Gershuny, Southeast Missouri State University

Kurt Schulzke, Kennesaw State University

Vicki Luoma, Minnesota State University

Milton Luoma, Metropolitan State University

William Volz, Wayne State University

Art Magaldi, Pace University

Neil Browne, Bowling Green State University

Jessie Roberson, Ohio University

Will Mawer, Southeastern Oklahoma State University

Corey Ciocchetti, University of Denver

Mark Blodgett, Suffolk University

Joanie Sompayrac, University of Tennessee – Chattanooga

Debra Burke, Western Carolina University

Abe Herzberg, Faculty of Business & Economics, Monash University

Laura Ginger, Indiana University Kelley School of Business

Susan Harrell, University of West Florida

John Lynch, Bentley College

Lara Kessler, Grand Valley State University

Gerald Ferrera, Bentley College

Gaylord Jentz, University of Texas

Tonia Murphy, University of Notre Dame

Frona Powell, Indiana University

Yvonne Demory, George Mason University

Steve Salbu, Georgia Institute of Technology

Linda Samuels, George Mason University

Susan Boyd, The University of Tulsa

Anthony Liuzzo, Wilkes University

Bruce Zucker, California State University, Northridge

Susan Martin, Hofstra University

Henry Cheeseman, University of Southern California

Jody Blanke, Mercer University – Atlanta

Franklyn Salimbene, Bentley College

Randall Hanson, University of North Carolina Wilmington

Lucien Dhooge, Georgia Institute of Technology

Carol Miller, Missouri State University

Stephen Lichtenstein, Bentley College

Sandra Owen, Indiana University – Bloomington

Robert Rowlands, Harrisburg Area Community College

Sandra Miller, Widener University

Daniel Ostas, University of Oklahoma

Eric Yordy, Northern Arizona University

Emerson Tiller, Northwestern University

Regina Robson, St. Joseph’s University

Mary Dundas, Arizona State University

David Culp, La Salle University

Linda Sharp, University of Northern Colorado

Karen Gantt, University of Hartford

Timothy Lemper, Indiana University

Art Wolfe, Michigan State

Cheryl Kirschner, Babson College

Hiro Aragaki, Fordham University Graduate School of Business

Nim Razook, University of Oklahoma

Peter Shedd, University of Georgia

John Hayward, Bentley College

Leigh Anenson, Robert H. Smith School of Business – University of Maryland

Rita Cain, UMKC Bloch School

Paul Fiorelli, Xavier University

Mark Baker, University of Texas at Austin

C. Kerry Fields, University of Southern California

Nancy Carr, Community College of Philadelphia

Shelley McGill Wilfrid, Laurier University

Norman Bishara, University of Michigan Ross School of Business

John Dorocak, California State University, San Bernardino

David Orozco, Michigan Technological University

Sandra Groome, A.B. Freeman School of Business, Tulane University

Linda Barkacs, University of San Diego

Craig Barkacs, University of San Diego

Robert Prentice, University of Texas

Caryn L. Beck-Dudley, Florida State University

Ida Jones, California State University, Fresno

Stephen Bretsen, Wheaton College

Lynda Oswald, University of Michigan Ross School of Business

Ann Marie Tracey, Xavier University

Lisa Knych, Syracuse University Whitman School of Management

Deborah Kemp, California State University, Fresno

Robert Bird, University of Connecticut

Patricia Pattison, Texas State University-San Marcos

Rafi Efrat, California State University, Northridge

Marsha Cooper, California State University, Long Beach

Charles Smith, California State University, Fullerton

John Hayward, Bentley College

Gloria Liddell, Mississippi State University

Elet Callahan, Whitman School of Management, Syracuse University

Gerald Madek, Bentley College

Sally Gunz, University of Waterloo

Don Mayer, University of Denver

J. Keaton Grubbs, Stephen F. Austin State University

Patrick Cihon, Syracuse University

Jamie Prenkert, Indiana University, Kelley School of Business

Arthur Schaefer, Loyola Marymount University

Bill Shaw, The University of Texas at Austin

Adis Vila, Dickinson College

Andrea Giampetro-Meyer, Meyer Loyola College in Maryland

Terry Dworkin, Indiana University

Patricia Nunley Erwin, Baylor University

John Holcomb, University of Denver

Terry Knoepfle, North Dakota State University

Mark Bandsuch, Loyola Marymount University

Janine Hiller, Virginia Tech

William Greenhaw, University of Arkansas

Kristopher R. Tilker, Midwestern State University

Paul Von Nessen, Monash University

Jennifer Barger, University of Central Oklahoma

Index of Papers

Distinguished Proceeding

Exploiting Under-Enforced Laws: An Economic and Ethical Assessment of Corporate Legal Strategy by Dan Ostas

Runners Up

Patents Gone Wild: An Empirical Examination and Policy Analysis of Tax-Related and Tax Strategy Patents by Wade M. Chumney, David L. Baumer, and Roby Sawyers

ADEA Disparate Impact Discrimination: A Pyrrhic Victory? by Debra D. Burke

National Issues

Individual Pension Savings - A Labor or an Investment Issue? by Dana Muir

National Issues, Local Costs: The Trend Toward State and Local Control of Immigration by Denise S. Smith and Robert Schlanser

Private Military Contractors & Foreign Torts: International Law and the U.S. ‘Political Question’ Question by Don Mayer

Civil Rights and Liberties

Justice For All: An International Perspective of Legal Protections for the Transgendered by bonnie L. Roach

21st Century Commercial Speech: A Mix of Buzz Marketing, Immunity, and Deceptive Trade Practices by Robert Sprague and Mary Ellen Wells

Title VII Analysis of Grooming Policies by Mark R. Bandsuch

Antitrust and Privacy Issues

The Need for International Antitrust Laws is Reflected in Global Dilemmas Facing American Managers by Marshall D. Nickles and Jeffrey Schieberl

Preserving Identities: Protecting Personal Identifying Information through Enhanced Privacy Policies and Laws by Robert Sprague and Corey Ciocchetti

The Birds’ Eye View: An Analysis of The United States Department of Justice’s Positions on the 2002 Proposed Satellite Television Merger and the 2007 Proposed Satellite Radio Merger by James Breyley and Steven C. Palmer

Pedagogy and Business Law

A Role for Service-Learning in Tax Education: Teaching Compliance and Controversy Resolution by Franklyn P. Salimbene, John E. Lynch, and Mark N. Nixon

Virtual Environment / Legal Environment: Whither the two meet? by Ida M. Jones

My Car Is A Lemon! Use of the Better Business Bureau’s Auto Line Program as a Pedagogical Model of ADR by Donna M. Steslow

An Entrepreneurial Strand in the Business Law Course: Making it Relevant by “Making it Real” by Regina M. Robson

Mock Trials and the Debate Between Litigation Driven Versus Management Driven Models of Business Law Instruction by Pamela Gershuny, Carolyn Rainey, and Charles D. McAllister

Education is What Survives When What Has Been Learned Has Been Forgotten by Abe Herzberg and Phillip Lipton

Potpourri of Legal Issues

Are Minutemen Guarding Your Corporation? by Paul J. Graf

Women and Leadership: The Role of Mentoring and Networking by Cindy A. Schipani, Terry M. Dworkin, Angel Kwolek-Folland, and Virginia G. Maurer

A Time To Learn: A Comparison of Policies Dealing With Clergy Sexual Misconduct by Arthur Gross-Schaefer, Lee Feldman, and Nicole Perkowitz

Adverse Possession: Practical Realities and an Unjust Enrichment Standard by Susan Lorde Martin

[Cite as: 39 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2008)]

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

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

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

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.

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

2008 Proceedings

Search the Site

From Our Members