2002 Proceedings

2002 ALSB National Proceedings

Selected Referred Papers Delivered at the 2002 ALSB Annual Conference
Las Vegas, Nevada

Editor’s Forward

The 77th annual meeting of the Academy of Legal Studies in Business was held July 27-31, 2002, at the Four Seasons Hotel in Las Vegas, Nevada. The academic program was attended by 277 members and included 163 paper presentations, panels, teaching and research symposia, and various other discussions and workshops.

From the papers presented, twenty-five of the papers were submitted for double-blind review. Approximately sixty-four percent of the submissions were accepted for publication in the Proceedings. The acceptance rate was approximately the same as 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 Tim Fort and Cindy Schipani, authors of the Distinguished Paper.

Warm appreciation is extended to everyone who contributed to the success of the 2002 ALSB meeting. Special thanks to Program Chair Jim Highsmith for his 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 discordant. 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 2003 annual meeting will be in Nashville from August 12th to 16th. Make your plans to at the Loews Vanderbilt Plaza. 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
November 2002

2002 Proceedings Reviewers

I would like to thank the reviewers for the 2002 ALSB Proceedings. Your time, effort, and consideration of the submissions make the Proceedings better every year. I enjoyed working with all of you, and look forward to next year.

Robert Bird, Fairfield University

Vincent A. Carrafiello, University of Connecticut

Rick Coffinberger, George Mason University

Timothy L. Fort, University of Michigan

Marianne Jennings, Arizona State University

James Morgan, California State University – Chico

Dana M. Muir, University of Michigan

John Norwood, University of Arkansas

Michael O’Hara, University of Nebraska – Omaha

Lynda J. Oswald, University of Michigan

Kimberlianne Podlas, Bryant College

Cindy A. Schipani, University of Michigan

Index of Papers

Distinguished Papers

The High Price of Price Waterhouse: Dealing with Direct Evidence of Discrimination by Robert A. Kearney

Linking Corporate Governance to Peace by Timothy L. Fort and Cindy A. Schipani

E-Commerce

Financing Litigation On-Line: Usury and Other Obstacles by Susan Lorde Martin

License to Steal by Lee B. Burgunder

New Theories of Liability for Defective Software by Robert D. Sprague

Towards a Theory of Cyberplace: A Proposal for a New Legal Framework by Ronnie Cohen and Janine Hiller

Taxation

Tax Reform Suggestions from Enron by Consuelo Kertz

Valuation for Estate and Gift Taxes: A Persistently Litigated Issue by Martin H. Zern

Teaching

Legal Studies in Business AT Century’s Beginning: Stagnant, Adrift, or Channeled? by James F. Morgan

The 7 Habits of Highly Effective (or Pretty Darned Good) Teaching or Lessons Learned in the Field by Kimberlianne Podlas and Susan J. Marsnik

Miscellaneous

As Seen On TV: The Normative Influence of Syndi-Court on Contemporary American Litigiousness by Kimberlianne Podlas

Corruption as a Pan-Cultural Phenomenon: An Empirical Study in Countries at Opposite Ends of the Former Soviet Empire by Philip M Nichols, George J. Siedel, and Matthew Kasdin

No-Call Lists for Telemarketers: A Legislative Analysis of State Regulation by Anna S. Rominger

Reform of Corporate Governance in China by Cindy A. Schipani and Junhai Liu

Term Limits and Compelled Speech: A New Frontier by Edward J. Schoen and Joseph S. Falchek

The Private Securities Litigation Reform Act in a Post-Enron World by Larry Bumgardner

Student Papers

Benefits, Risks, and Regulation of ‘Cyber Pharmacies’ by Rebecca Boudwin

Speaking Out: The Normative Desirability of Asserting New Levels of Protection for Workplace Speech by Mark W. Sandretto

[Cite as: 31 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2002)]

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

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

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 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.

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

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

2002 Proceedings

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