Law Commons^™

Sovereignty On Our Terms, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

The Enforcibility Of Fixed-Term Employment Contracts That Conflict With Corporate Bylaws, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Faculty Journal Articles and Book Chapters

In his argument for an alternative conservative response to Romer v. Evans, the author outlines the majority and dissenting opinions in Evans to identify what he takes to be the decision's import. Next, he outlines some of the main themes of conservative political and legal thought, concentrating especially on Edmund Burke. He then argues the common conception of Burke as an intransigent defender of the status quo and of present traditions and practices is a misreading of him. Finally, he discusses the conservative underpinnings for Evans in light of this intellectual history, with an emphasis on the profoundly conservative instincts …

Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter

Faculty Journal Articles and Book Chapters

This essay attempts to reclaim the freedom of expressive association from both its harshest critics and its most ardent libertarian cheerleaders, arguing that The Boy Scouts of America v. Dale will not have the revolutionary consequences either camp predicts.

Part I sketches the significance of the freedom of association to the protection of dissenting opinion, with an emphasis on gay experience.

Part II notes the increasing conflict between the freedom of expressive association and the expanding reach of antidiscrimination law. The challenge is to draw a line between them that will preserve a large realm for group expression and organization …

Separated Spouses, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

No abstract provided.

Genocide In International Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

Justice In Africa: Rwanda's Genocide, Its Courts, And The Un Criminal Tribunal, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

Introduction, Christopher H. Hanna

SMU Law Review

No abstract provided.

Of Hidden Agendas, Naked Emperors, And A Few Good Soldiers: The Conference's Breach Of Promise . . . Regarding Article 2 Damage Remedies, Roy Ryden Anderson

SMU Law Review

No abstract provided.

A Hale And Hearty Thank You To Harvey Wingo, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Reexamining The Right To Trial By Jury, William V. Dorsaneo Iii

SMU Law Review

No abstract provided.

Insider Trading, Selective Disclosure And Prompt Disclosure: A Comparative Analysis, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This article focuses on regulation of insider trading and company affirmative disclosure in developed securities markets. First, the U.S. regime is discussed. Thereafter, the securities laws of selected developed markets are addressed in order to provide contrasts to the U.S. approach. Last, the article focuses on a number of significant issues that merit exploration.

“The University Works Because We Do”: The Status Of Graduate Teaching And Research Assistants For The Purpose Of Collective Bargaining, Grant M. Hayden

Faculty Journal Articles and Book Chapters

No abstract provided.

Making A Federal Case Out Of It: Section 1981 And At-Will Employment, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

No abstract provided.

Regulation By Bootstrap: Contingent Management Of Hazardous Wastes Under The Resource Conservation And Recovery Act, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

In the last few years, EPA has increasingly employed the questionable technique of “contingent management” to regulate wastes under the federal Resource Conservation and Recovery Act (RCRA) in order to limit the costs and avoid the stigma of hazardous waste classification. Through the technique of contingent management, EPA has exempted materials from classification as hazardous waste on the condition that the materials are managed in the particular manner specified in the regulation. The ultimate bootstrap, contingent management allows EPA to regulate non-hazardous wastes over which it has no statutory jurisdiction. Perhaps more troubling, contingent management allows EPA to avoid the …

South Camden And Environmental Justice: Substance, Procedure, And Politics, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

What Is The New Russian Federalism?, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

With the sudden rise of Vladimir Putin, Russian federalism made another volte-face. The ambiguous enforceability of Yeltsin's bilateral treaties with the Russian Federation’s non-Russian ethnic republics (formerly ASSRs) - never ratified by legislatures - was made clear by Putin's disregard for executive promises that no longer suited his interests. One of Putin's first presidential decrees, signed days after his inauguration, divided Russia into seven federal districts, each encompassing several republics, oblasts, and okrugs, and each headed by a presidential enforcer tasked to maintain the supremacy of federal law. Lists were rumoured to circulate in the Kremlin of regional leaders to …

Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.