2005 Proceedings

2005 ALSB National Proceedings

Selected Referred Papers Delivered at the 2005 ALSB Annual Conference
San Francisco, California

Editor’s Forward

The 80th annual meeting of the Academy of Legal Studies in Business was held August 3 -6, 2005, at the Westin San Francisco Airport Hotel in San Francisco, California. The academic program was attended by 293 members and included 160 papers and panels, teaching and research symposia, and various other discussions and workshops.

From the papers presented, sixteen of the papers were submitted for double-blind review. Approximately eighty-one percent of the submissions were accepted for publication in the Proceedings. The acceptance rate was somewhat higher than last year. These papers are representative of the papers presented in San Francisco and are divided into three topics, plus a student paper section, and the Distinguished Paper section in the Proceedings. The four 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 Lucien Dhooge, Jordan Halgas, and Paula Schaefer, authors of the three Distinguished Papers.

Deep appreciation is extended to everyone who contributed to the success of the 2005 ALSB meeting. Special thanks to Program Chair Fran Zollers 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, and we know 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 2006 annual meeting will be in St. Petersburg, Florida from August 8th to 12th at the gorgeous Vinoy Renaissance Hotel. Lynda Oswald is doing a great job getting ready for this fun, and family-friendly, 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. I look forward to seeing you there.

Ernest W. King
University of Southern Mississippi
November 2005


2005 Proceedings Reviewers

I would like to thank the reviewers for the 2005 ALSB Proceedings. Your time, consideration, and thoughtfulness make the Proceedings better every year. I enjoyed working with all of you, and look forward to next year.

Debra Burke, Western Carolina University

Timothy L. Fort, University of Michigan

Stanley X. Lewis, University of Southern Mississippi

Dana M. Muir, University of Michigan

John Norwood, University of Arkansas

Michael O’Hara, University of Nebraska, Omaha

Lynda J. Oswald, University of Michigan

Cindy A. Schipani, University of Michigan

John Yeargain, Southeastern Louisiana University

Index of Papers

Distinguished Papers

Directors’ Duties of Loyalty: Is it Still a Matter of Honor? by Dana M. Muir and Cindy A. Schipani

Aspirations Not Obligations: Jus Cogens and Labor Rights Pursuant to the Alien Tort Claims Act by Lucien J. Dhooge

Confidentiality and In-House Counsel’s Cause of Action for Retaliatory Discharge by Paula Schaefer

The Perfect Storm of Constitutional Law: A Legal and Business Analysis of Same-Sex Marriage by Jordan T.L. Halgas and Dawn R. Swink

Employment Law

Balancing Innovation from Employee Mobility with Legal Protection for Human Capital Investment: 50 States, Public Policy and Covenants not to Compete in a Knowledge Economy by Norman D. Bishara

City of San Diego v. Roe – Or How a San Diego Police Officer’s Videotaped Striptease and Masturbation Led to the Restoration of the Two-Step Pickering/Connick Test in Assessing Government Worker’s Freedom of Expression by Edward Schoen and Joseph Falcheck


Granholm v. Heald (The Wine Case): Constitutional and Commercial Implications by Susan Lorde Martin

Businesses and Blogs: Free Speech and Commercial Speech in the Blogosphere by Robert D. Sprague

Fifth Circuit Decision Validates Significant Estate Tax Discount for Family Limited Partnership by Martin H. Zern

State Sovereign Immunity versus Individual Rights under Federal Employment Laws by Carol J. Miller


The European Union’s New Merger Regulation: Is EU Law Merging with U.S. Approach? by Larry Bumgardner

A Description of a Business Approach to Teaching the Legal Environment of Business by Donna J. Cummingham

Time Lines (Introduction to ‘Locations’) by William T. Mawer, Paul A. Becker, and Jim Speers

Student Papers

The Jury Effect on Punitive Damages: An Empirical Analysis by Kenneth M. Grose

Professional Socialization for the Ethical Role: How Military Academies and Medical Schools Socialize Their Professionals into the Ethical Role and the Implications for Business School by Chandi Abeygunawardana


[Cite as:  34 Acad. Legal Stud. In Bus. Nat’l Proc. ____ (2005)]