2007 Proceedings

2007 ALSB National Proceedings

Selected Refereed Papers Delivered at the 2007 ALSB Annual Conference
Indianapolis, Indiana

Editor’s Forward

The 82nd annual meeting of the Academy of Legal Studies in Business was held August 2008, in Indianapolis, Indiana. The academic program was attended by 240 members and included 175 papers and panels, teaching and research symposia, and various other discussions and workshops.

From the papers presented, at the 82^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. These papers are representative of the papers presented in Indianapolis and are divided into five topics, 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 J. Landry, Amy K. Yarborough, Beverly Earle, Gerald A. Madek, and Christian Madek.

Deep appreciation is extended to everyone who contributed to the success of the 2007 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. I would also like to personally thank all of the authors and the leadership of the Academy of Legal Studies on Business for their patience with me the first time I have served as proceedings editor. I promise all involved parties a smoother, more efficient, and more communicative process in 2008.

The 2008 annual meeting will be in Long Beach California, I encourage everyone to participate in the ALSB meeting and in the Proceedings.

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
December 2007
smacdonald@ucok.edu

2007 Proceedings Reviewers

I would like to thank the reviewers for the 2007 ALSB Proceedings. Your time, consideration, and thoughtfulness make the Proceedings better every year. I enjoyed working with all of you and I hope to see this number grow in the future. I thank all of you sincerely but would like to single out Kristopher R. Tilker at Midwestern State University and Daniel T. Ostas at the University of Oklahoma for Contributions above and beyond the call of duty.

Carol M. Bast, University of Central Florida

Elizabeth A. Cameron, Alma College

Janie Hiller, Virginia Tech

Michael Katz, Delaware State University

Richard J. Kunkel, University of St. Thomas

Terence Law, Supreme Court of the United States

Todd Palmer, St. Bonaventure University

Jennifer O’ Reilly, Monash University

Daniel Ostas, University of Oklahoma

Denise Smith, Eastern Illinois University

Kristopher R. Tilker, Midwestern State University

Paul Von Nessen, Monash University

Index of Papers

Distinguished Papers

An Empirical Examination of the Direct Access Costs to Chapter Seven Consumer Bankruptcy A Pilot Study in the Northern District of Alabama by Robert J. Landry and Amy K. Yarbrough

An Examination of the Efficacy of State and Federal Attempts to Use Law to Stem Outsourcing by Beverly Earle, Gerald A. Madek and Christian Madek

Constitutional Law

The Intersection of Export Control Regulation and Civil Rights Law by Debra D. Burke

Vicarious Liability of Car Leasing Companies: Is Federal Regulation Constitutional or Desirable? by Susan Lorde Martin

Torts and Employment

Phillip Morris USA v. Williams: Punitive Damages Round III by Edward J. Schoen and Joseph J. Falchek

The Problem with Releases by John McGee

Weingarten Rights: Now You See Them Now You Don’t by Bonnie L. Roach

Corporate Law and Corporate Governance and Ethics

Directors Behaving Badly: 21^st Century Corporate Governance Standards by Robert Sprague

It’s a Matter of Trust: Fiduciary Obligations In the Executive Suite by Dana M. Muir and Cindy A Schipani

Advocate, Advisor, and Gatekeeper: SEC Rules of Practice and the (California) Attorneys Duty of Confidentiality by Ida M. Jones

Law and Economics

Purchasing the Right to Pollute: Economic Marvel, Ethical Minefield of Both? by Mary Ellen Wells

Miscellaneous and Teaching

Teaching Zero Tolerance and Just Cause: Case Studies for an Arbitration Class by Joy L. Cowell and Carl F. Jenks

Two Thumbs UP: Student Reaction to the Use of Popular Movies to Study Business Ethics by Stephen C. Palmer

Law Based Degree Programs in Business – Final Report by Carol J Miller and Susan J. Crain

Academic Freedom in an Age of Assessment and Accountability by Denise S. Smith and Michael Katz

Teaching Aid for Contracts for the International Sale of Goods by Paul Becker, Will Mawer and Jim Speers

[Cite as: 37 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2007)]

From Our Members

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 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

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 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 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

2007 Proceedings

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