2011 Proceedings

2011 National Proceedings

Selected Refereed Papers Delivered at the 2011 ALSB Annual Conference
New Orleans, LA

Editor’s Forward

The 86^thannual meeting of the Academy of Legal Studies in Business was held in August, 2011, in New Orleans, LA. The papers published in these Proceedings were double blind reviewed by members of the Academy. Papers were recommended for publication based on the quality of the research and the relevance of the topic to the substantive areas or pedagogy of business law or legal studies.

Several papers merit special mention:

Outstanding Proceedings Paper: Food Inglorious Food: Food Safety, Food Libel and Free Speech, by Rita Cain, University of Missouri, Kansas City

Distinguished Proceedings Paper: The Law and Ethics of Restrictions on an Employee’s Post Employment Mobility, by Norman Bishara, University of Michigan

Distinguished Proceedings Paper: The NCAA Letter of Intent: A Voidable Agreement for Minors? by Debra Burke, Western Carolina University

Distinguished Proceedings Paper: Case Study of a Coffee War- Starbucks v. Charbucks- Dispute to teach Trademark Dilution, Business Ethics and the Value of Legal Acumen, by Sean Melvin, Elizabethtown College

Distinguished Proceedings Paper: Sid Wainer & Son: A Growing Realization, Adam Sulkowski, University of Massachusetts, Dartmouth

Outstanding Student Paper: A Proposal for the Enhancement of Canadian (Ontario) Insider Trading Regulation, by Jonathan Lau, University of Waterloo

I would like to thank the reviewers for the 2011 ALSB Proceedings. Your time, your thoughtful comments and your good judgment make the Proceedings better every year. Your service to the Proceedings and to the authors is greatly appreciated by me and by all of your colleagues in the Academy.

Best Regards,
Ronnie Cohen, J.D., LL.M.

Christopher Newport University
Newport News, VA
2011 ALSB Proceedings Editor

2011 Proceedings Reviewers

Patricia Sanchez Abril, University of Miami

Elliot Axelrod, Baruch College/City University of New York

Darren Bakst, John Locke Foundation

Martin Carrigan, The University of Findlay

Glenda Coleman, Webster University

Tammy Cowart, University of Texas at Tyler

Laura Davis, Bloomsburg University

Jean Didier, St. Johns University

David Forsyth, Arizona State University

Pam Gershuny, Southeast Missouri State University

Kenneth Goldsmith, Chattanooga State Community College

Susan W. Harrell, University of West Florida

James Holloway, East Carolina University

Richard Hunter, Seton Hall University

Jacqueline Innocent, New York University

Marilyn R. Kaplan, University of Texas at Dallas

Ernie King, University of Southern Mississippi

Lewis Laska, Tennessee State University

Timothy A. Lemper, Indiana University

Marvin Ludlum, University of Central Oklahoma

Terence Malloy, Kennesaw State University

William Mawer, Southeastern Oklahoma State University

MarySheila E. McDonald, LaSalle University

Elizabeth McVicker, Metropolitan State College of Denver

James Morgan, California State University, Chico

Dana Muir, University of Michigan

Benjamin Neil, Towson University

Paula O’Callaghan, University of Maryland University College

Susan A. O’Sullivan-Gavin, Rider University

Ann Morales Olazábal, University of Miami School

Carl Pacini, Penn State University, Abington

Suzanne Palmer, Albright College

Stephen Park, Loyola University Maryland

Susan Park, Boise State University

Aaron Pennington, York College of Pennsylvania

Nancy Graber Pigeon, Central Washington University

Evaluz Cotto Quijano, University of Puerto Rico

Supriya Sarnika, Westfield State University

David D. Schein, Virginia State University

Bernard Sharfman, Bethesda, MD

Cherie Sherman, Ramapo College of New Jersey

Charles Smith, California State University, Fullerton

John T. Wendt, University of St. Thomas

Brian Winrow, Winona State University

Guillian Yang, Beijing Foreign Studies University

Index of Papers

A Proposal for the Enhancement of Canadian (Ontario) Insider Trading Regulation by Jonathan Lau

Administrative Patent Levers by David Orozco

Bankrupts Need Not Apply: Sound Hiring Policy or Dangerous Proposition? by Robert J. Landry and Benjamin Hardy

Case Study of a Coffee War: Using the Starbucks v. Charbucks Dispute to Teach Trademark Dilution, Business Ethics, and the Value of Legal Acumen by Sean Melvin

Ethics, Law, and the Business of Healthcare by Joshua E. Perry

Federal Discovery Stays by Gideon Mark

Food Inglorious Food: Food Safety, Food Libel and Free Speech by Rita Cain

Immigration Policy Through the Lens of Optimal Federalism by Dale Thompson

Instilling Credibility for Human Rights in Transnational Corporations by Robert Bird and Lucien Dhooge

Interactive Regulation by Robert Bird and Elizabeth Brown

Is the Push to Federal Actions Under the PSLRA and SLUSA the Best Way to Handle Securities Class Action Cases? by Brian Elzweig

Negative Product Placement: An Evolving Theory of Product Disparagement and Unfair Competition by Denise Smith, Michael Katz and Martin Nunlee

Selling Wine: Should Corporations Have First Amendment Help? by Susan Lorde Martin

Sid Wainer & Son: A Growing Realization by Adam Sulkowski and Nicholas Vardaro

Sustainable Projections for Aircraft Emissions: What’s the Future for our Skies? by Kathryn Kisska-Schulz

The Evolving Role of Opinions of Patent Counsel in Federal Circuit Cases by Lynda Oswald

The Law and Ethics of Restrictions on an Employee’s Post-Employment Mobility by Norman Bishara and Michelle Westermann-Behaylo

The Limits of Disclosure by Robert Prentice

The NCAA Letter of Intent: A Voidable Agreement for Minors? by Debra Burke and Angela Grube

The Supreme Court as Prometheus: Breathing Life into the Corporate Supercitizen by Robert Sprague and Mary Ellen Wells

When a Common Interest Development Falls Apart, Who is Required to Pick up the Pieces? by Jennifer Cordon Thor

When Size Matters: Implications for Public Policy from the Stock Options Backdating Scandal by Deniz Anginer, MP Narayanan, Cindy Schipani, and Nejat Seyhun

[Cite as: 42 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2011)]

From Our Members

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

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

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

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 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

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.

2011 Proceedings

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