2004 Proceedings

2004 ALSB National Proceedings

Selected Referred Papers Delivered at the 2004 ALSB Annual Conference
Ottawa, Ontario

Editor’s Forward

The 79th annual meeting of the Academy of Legal Studies in Business was held August 17 -21, 2004, at the Westin Hotel – City Centre in Ottawa, Canada. The academic program was attended by 138 members and included 138 paper presentations, 12 panels, teaching and research symposia, and various other discussions and workshops.

From the papers presented, eighteen of the papers were submitted for double-blind review. Approximately seventy-two percent of the submissions were accepted for publication in the Proceedings. The acceptance rate was somewhat lower than last year. These papers are representative of the papers presented in Las Vegas and are divided into three 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 Dana Muir and Cindy Schipani, authors of the Outstanding Distinguished Paper, and to Robert Kearney and Lucien Dhooge, authors of the two Distinguished Papers.

Deep appreciation is extended to everyone who contributed to the success of the 2004 ALSB meeting. Special thanks to Program Chair Terry Dworkin 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 lost, know we would be lost, and freely acknowledge 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 2005 annual meeting will be in San Francisco, California from August 2nd to 6th at the Westin Hotel at the Airport. Please do not make Fran hunt you down for this meeting. 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
October 2004

2004 Proceedings Reviewers

I would like to thank the reviewers for the 2004 ALSB Proceedings. Your time, effort, and thoughtfulness make the Proceedings better every year. I enjoyed working with all of you, and look forward to next year.


Index of Papers

 Distinguished Papers

Corporate Governance and Fiduciary Obligation: Do the Two Coincide in the Post-Enron Environment? by Dana M. Muir and Cindy A. Schipani

The ‘Deliberately Indifferent’ Employer: Sexual Harassment Law in its Maturity by Robert A. Kearney

Transnational Enterprises, Torts and the Law of Nations: ATCA Jurisprudence and Judicial Restraint by Lucien J. Dhooge

International Law

Cry Me a River: Recovery of Mental Distress Damages in a Breach of Contract Action – A U.S. / Canada Comparison by Ronnie Cohen and Shannon O’Byrne

Evasions, Approvals and Facilitations Oh My! Examining U.S. Parent Corporations’ Liability for Transactions by Foreign Subsidiaries with Sanctioned Countries by Terence J. Lau

Free Trade or…? Some Doubts About Matsushita v. Zenith by Vincent A. Carrafiello


Anonymity with the Internal Revenue Service by Martin H. Zern

Equal Protection and Same-Sex Marriage: An Irresistible Match by Edward J. Schoen and Joseph S. Falchek

The Federal Do Not Call Registry: What it Signals for Future Direct Marketing Regulations? by Tia Marie Cain

The Litigation Financing Industry: The Wild West of Finance Should be Tamed Not Outlawed by Susan Lorde Martin

The Still Uncertain Impact of the Supreme Court’s Attempt to Reduce Excessive Punitive Damages by Larry Bumgardner


A Case for Teaching Consumer Law: A Double Entendre by Mary Ann Donnelly

Active Learning in Legal Studies Education: negotiating and Drafting of Contracts by Larry A. DiMatteo and Susan J. Marsnik

A New Paradigm for the Teaching of Business Law and Legal Environments Classes by Marc Lampe

Student Papers

International Financial Reporting Standards and the International Accounting Standards Board by Jennifer A. Wein


[Cite as:  33 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2004)]