Law Commons^™

Age Discrimination By Employers, Grant M. Hayden

Faculty Journal Articles and Book Chapters

No abstract provided.

Napoleon Lajoie, Breach Of Contract And The Great Baseball War, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Rethinking Corporate Fiduciary Duties: The Inefficiency Of The Shareholder Primacy Norm, Gregory S. Crespi

SMU Law Review

Current judicial practice regards the fiduciary duties of corporate officials as running exclusively to the common shareholders, and not to the bondholders or preferred shareholders, or to the corporation as a whole. In this article, the author addresses the question of whether defining the corporation as a whole as the subject of these fiduciary duties would better promote economic efficiency. Ultimately, the author concludes that economic efficiency would be enhanced if the locus of corporate officials' fiduciary duties was redefined as running to the corporation, both for larger corporations with publicly-held securities and smaller corporations whose securities may be more …

My Friend Flittie, Roy Ryden Anderson

SMU Law Review

No abstract provided.

The Aftermath Of United States V. Virginia: Why Five Justices Are Pulling In The Reins On The Exceedingly Persuasive Justification, Heather L. Stobaugh

SMU Law Review

No abstract provided.

Introduction: Keeping Secrets, Dale Carpenter

Faculty Journal Articles and Book Chapters

It has become a commonplace to say that September 11 changed everything. What the writer or speaker usually means by this is that Americans have re-calibrated their views on the relative importance of individual civil liberties and the common good. Like many other national traumas, September 11 may in historical hindsight be seen as a jolt that perhaps necessarily-but at any rate, temporarily-induced a retrenchment on rights.

But if the September-11-changed-everything idea overstates the significance of the event, it also understates the extent to which, at least in the area of privacy, some re-calibration of the balance between liberty and …

Women's Labor Rights Rulings In 2001: A Mixed Bag, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

Over the past year, federal and state courts issued a number of important decisions affecting the rights of working women. A review of these decisions reveals a mixed bag for women's rights. At the Supreme Court level, sex discrimination cases did not figure as prominently as they have in past year, yet the Court handed down a small but meaningful victory, and at least one significant defeat for female employees.

Bad Consequences, Lackland H. Bloom Jr.

SMU Law Review

When faced with a decision, if one alternative is likely to lead to bad results, a rational person would presumably hesitate before choosing that course of action. Thus, the bad consequences argument tends to have logical and intuitive appeal. Moreover, it is an easy argument to make. Decisions, especially legal decisions, generally do have consequences, and it will usually be difficult to determine exactly what they will be with any certainty. The future, by definition, is uncertain. And yet, it only takes a modicum of imagination to speculate about what very well might happen. The argument of bad consequences can …

And The Walls Came Tumbling Down: Sharing Grand Jury Information With The Intelligence Community Under The Usa Patriot Act, Jennifer M. Collins

Faculty Journal Articles and Book Chapters

No abstract provided.

A Partial Legal Victory Against Continuing Discrimination: The New Supreme Court Ruling In Amtrak V. Morgan, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

This June, the U.S. Supreme Court decided a technical, but important case interpreting Title VII of the Civil Rights Act of 1964. The case–National Railroad Passenger Corp. (Amtrak) v. Morgan- was a victory for victims of sexual and other forms of harassment, but a loss for victims of other forms of illegal workplace discrimination. The issue was whether incidents of discrimination that occurred outside the statute of limitations could nevertheless form the basis for a suit pursuant to the “continuing violations” doctrine. The answer from the Court, in a decision authored by Justice Clarence Thomas, was “Yes and no.”

Federalism, Democratization, And The Rule Of Law In Russia, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

Combining the approaches of three fields of scholarship - political science, law and Russian area studies - the author of this 2002 Oxford University Press book explores the foundations and future of the Russian Federation. Russia's political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia's federal house on very unsteady foundations, often out of the ideological, conceptual and physical …

Home Equity Loans In Texas: Maintaining The Texas Tradition Of Homestead Protection, Julia Patterson Forrester Rogers

SMU Law Review

This Article examines home equity financing in Texas, focusing on how continued protection of the homestead shelters Texas homeowners from problems experienced by some homeowners in other states. In Part I of the Article, I briefly explore the history of homestead protection and home equity loans in Texas, a subject on which Joe McKnight literally wrote the book. In Part II, I discuss the growth of home equity loans in other states, the reasons for their popularity, and the problems that have arisen for homeowners who have been victimized by predatory lenders. Part III examines the constitutional amendment that ultimately …

Tulk V. Moxhay And Texas Environmental Law: Land Use Restrictions Under The Texas Risk Reduction Program, Jeffrey M. Gaba

SMU Law Review

No abstract provided.

A Tribute To Professor Joseph W. Mcknight: Shades Of The Highwayman's Case In The 21st Century, Christopher H. Hanna

SMU Law Review

No abstract provided.

The Modern Genre Of Infrastructural Law Reform: The Legal And Practical Realities - The Case Of Banking Reform In Thailand, Joseph J. Norton

SMU Law Review

No abstract provided.

Curtailing Investor Protection Under The Securities Laws: Good For The Economy, Marc I. Steinberg

SMU Law Review

No abstract provided.

Interpretive Issues In Seminole And Alden, Lackland H. Bloom Jr.

SMU Law Review

For students of constitutional interpretation, Seminole Tribe of Florida v. Florida and Alden v. Maine, two of the Court's most important recent Eleventh Amendment opinions, are gold mines. Each is a monumental opinion with lengthy and spirited debate between the majority and the dissents. Every significant method of constitutional interpretation (including textualism, original understanding, structure, precedent, doctrine, practice, and rhetoric) is employed by both the majorities and the dissents. Both the majorities and the dissents are able to advance solid and respectable arguments in favor of their positions. Arguably, these two cases could be used as texts for the study …

Environmental Law, Scott D. Deatherage, Becky Jolin, A. Kay Roska, Matthew J. Knifton, Elizabeth Webb, Jennifer Hodgkins

SMU Law Review

No abstract provided.

Health Care Law, Thomas Wm. Mayo

SMU Law Review

No abstract provided.

Detailed Fact Pleading: The Lessons Of Scottish Civil Procedure, Elizabeth G. Thornburg

The International Lawyer

No abstract provided.

Putin's Federal Reforms: A Legal-Institutional Perspective, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

The first year of Putin's presidency proved to be the most concerted and fundamental shake-up of federal relations in Russia since the 1993 Constitution. This paper examines this transition in detail, focusing attention on the legal-institutional aspects of this dramatic shift in policy. First, the end of Yeltsin's 'parade' - of sovereignties, bilateral treaties and special agreements - is examined. Next, attention is paid to Putin's early decrees: 'positive' decrees creating the seven federal districts and federal envoys, and 'negative' decrees that annulled regional laws and legal acts judged by him not to be in conformity with federal law. Finally, …

Sexual Harassment, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

Sexual Harassment is a form of sex discrimination that is common in American work places and education institutions, as well as in prisons, on the street, and in a variety of other contexts. The term "sexual harassment" includes a range of unwelcome sexual behavior, from sexual jokes, comments, or pictures, to rape.

Fast, Cheap & Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Some people have argued that the uniform dispute resolution process used by ICANN to resolve domain name disputes would be a good model for internet disputes generally. This article argues the opposite: the UDRP teaches sobering lessons about the consequences of privatized dispute resolution processes. The lessons include: the questionable legitimacy of privately-adopted substantive standards; the danger of unprincipled choice of law decisions to fill in the gaps in that private law; unreconciled splits among arbitrators as to the meaning of the standards; and a tendency to expand beyond the narrow jurisdictional limits of the policy. The UDRP also demonstrates …

Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …

Bicentennial Man - The New Millennium Assimilationism And The Foreigner Among Us, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

Short-Form Mergers In Delaware, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This article analyzes the ramifications of the Delaware Supreme Court's decision in Glassman v. Unocal Exploration Corp. that limited a minority shareholder's remedy in the short-form merger context normally to that of appraisal. This decision stands in marked contrast to the invocation of the entire fairness test that applies in parent-subsidiary long-form mergers. Nonetheless, important issues remain outstanding after Glassman, including the continued critical role of adequate disclosure, the determination of fair value, the viability of the "loss state remedy" theory, a parent corporation's increased use of the tender offer as a means to consummate a short-form merger, and the …