Digital Commons Network^™

Book Reviews

New Mexico Historical Review

No abstract provided.

Contract Law - Electronic Contract Formation - District Court For The Central District Of California Holds That A Web-Wrap Site License Does Not Equate To An Enforceable Contract - Ticketmaster Corp. V. Tickets.Com, Inc., Susan Y. Chao

SMU Law Review

No abstract provided.

Fifth Circuit Holds That Portions Of Settlements Payable To Taxpayer's Attorney Pursuant To A Contingent Fee Agreement Under Texas Law Do Not Constitute Gross Income To The Taxpayer - Srivastava V. Commissioner, 220 F.3d 353 (5th Cir. 2000), Stephanie M. Smith

SMU Law Review

No abstract provided.

Consequential Damages: Hadley V. Baxendale Under The Uniform Commercial Code, Paul S. Turner

SMU Law Review

No abstract provided.

Good Faith And The Cooperative Antagonist, James J. White

SMU Law Review

No abstract provided.

Contractual Choice Of Law: Legislative Choice In An Era Of Party Autonomy, William J. Woodward Jr.

SMU Law Review

No abstract provided.

Revised Article 2 Of The Uniform Commercial Code - Section-By-Section Analysis, Mark E. Roszkowski

SMU Law Review

No abstract provided.

Property Concepts In The Revised U.C.C. Articles 2 And 9 Are Alive And Well, Linda J. Rusch

SMU Law Review

No abstract provided.

The Jury-Trial Right In The Ucc: On A Slippery Slope, Margaret L. Moses

SMU Law Review

No abstract provided.

The Contract Formation Sections Of The Proposed Revisions To U.C.C. Article 2, John D. Wladis

SMU Law Review

No abstract provided.

Criminal Procedure: Confession, Search And Seizure, Mike Keasler

SMU Law Review

No abstract provided.

Taxation, Cynthia M. Ohlenforst, Jeff W. Dorrill, Lora G. Davis

SMU Law Review

No abstract provided.

Insurance Coverage For The New Breed Of Internet-Related Trademark Infringement Claims, Ernest Jr. Martin, Daniel T. Mabery, Erika L. Blomquist, Jeffrey S. Lowenstein

SMU Law Review

No abstract provided.

Technology Risks And Liabilities: Are You Covered?, Robert M. Roach Jr., Daniel L. Mckay

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

The New-Millennium Dilemma: Does Reliance On The Use Of Computer Servers And Websites In A Global Electronic Commerce Environment Necessitate A Revision To The Current Definition Of A Permanent Establishment, Randolph J. Buchanan

SMU Law Review

No abstract provided.

Revisiting The Jury System In Texas: A Study Of The Jury Pool In Dallas County, Ted M. Eades

SMU Law Review

No abstract provided.

Juries: On The Verge Of Extinction - A Discussion Of Jury Reform, Tom M. Dees Iii

SMU Law Review

No abstract provided.

Is It A Short Trip Back To Manor Farm - A Study Of Judicial Attitudes And Behaviors Concerning The Civil Jury System, Michelle L. Hartmann

SMU Law Review

No abstract provided.

Distinguishing The Concept Of Strict Liability For Ultra-Hazardous Activities From Strict Products Liability Under Section 402a Of The Restatement (Second) Of Torts: Two Parallel Lines Of Reasoning That Should Never Meet, Charles E. Cantú

Faculty Articles

Strict liability for ultra-hazardous activities is entirely different from strict products liability. Since strict liability has been applied to so-called dangerous or ultra-hazardous activities, the application has been limited to instances where the defendant has, for his own purpose, created an abnormal risk of harm to those surrounding him, and therefore should pay for any resulting injury. Section 520 of the Restatement (Second) of Torts explains how one weighs the risk of harm emanating from ultra-hazardous activities against the appropriateness to its surroundings. This is not, however, how one determines the applicability of strict liability in the area of defective …

The Useful Life Defense: Embracing The Idea That All Products Eventually Grow Old And Die, Charles E. Cantú

Faculty Articles

To date, no jurisdiction has adopted the useful life defense as part of its common law. Perhaps the time has come to reconsider this position and accept the logical consequences of such a defensive concept. At some point, natural deterioration, rather than a defect in design, manufacturing, or marketing, is the cause of a plaintiff’s injury. Combining the useful life defense with the reasonable expectation theory removes the burden of uniformly determining when a given product is legally dead. The reasonable expectations doctrine places the responsibility for determining the useful life of a product where it belongs—in the hands of …

Defining “Church” In American Law, Michael S. Ariens

Faculty Articles

Balancing the autonomy of religious organizations against regulatory laws remains both a difficult and hotly contested issue. It is helpful to survey labor, property, tax, and education laws to illustrate the tensions between religion and government in American law.

Labor law cases show the autonomy of religious organizations concerning governmental regulations through the National Labor Relations Act and Title VII. In regard to church property, the government has an interest in regulating how religious organizations buy and sell land, run day care centers and food kitchens, raise and borrow money, commit torts, and enter into contracts. Section 501(c)(3) of the …

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …

U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez

Scholarly Articles

This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …

Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley

Scholarly Articles

A central component of the overhauled union organizing strategy is greater reliance on the pre-recognition neutrality agreement negotiated with an employer whose employees a union is attempting to organize. This article examines these neutrality agreements. Part I locates the neutrality agreement within unions' revitalized approach to organizing." This discussion shows that neutrality agreements can redress four disadvantages unions confront when organizing: employer intimidation, harmful delay, inadequate access to employees, and inability to secure a first contract. These disadvantages, widely understood as contributing significantly to the decline in union membership during the last quarter of the twentieth century, constitute the core …

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

The Effects Of Individual Factors On Punitive Attitudes Toward Juvenile Offenders, Jennifer Keely Mac Connell

Dissertations and Theses @ UNI

The purpose of the present study was to examine the relationship between individual factors and punitive attitudes toward juvenile offenders. The individual factors examined were attributional style, authoritarianism, anxiety, self-esteem, the Five-Factor model of personality, and gender. It was hypothesized that possessing a punitive attributional style, maintaining authoritarian beliefs, and being male would predict punitive attitudes toward adolescent offenders. I also examined the effects of age of the offender and severity of the crime on attributions and punishment decisions. College students (N = 185) at a Midwestern university completed questionnaire packets in partial fulfillment of their introductory psychology course requirements. …

A Contrastive Cross-Cultural Study Of The Speech Act Of Correction In Egyptian Arabic And American English, Nadir Anis

Dissertations and Theses @ UNI

The present study is an empirical cross-cultural investigation of the speech act of correction in Egyptian Arabic and American English. The purpose of the study is to examine how and why Egyptians and U.S. Americans modify the illocutionary force of their corrections in terms of mitigation and aggravation in different speech situations. A Discourse Completion Task/Test (OCT) was used to elicit corrections from 30 Arabic-speaking Egyptians and 30 English-speaking U.S. Americans. All the respondents were either university students or university graduates between the ages of 18 and 35. The six situations used to elicit corrections represented different settings (e.g., classroom, …

As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner

Scholarly Articles

This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …