Digital Commons Network^™

Torts - Texas' House Bill Four's Noneconomic Damage Caps Impose The Burden Of Supporting The Medical Industry Solely Upon Those Most Severely Injured And Therefore Most In Need Of Compensation, Ashley Stewart

SMU Law Review

No abstract provided.

Loss Of Consortium - Texas Supreme Court Declines To Recognize A Parent's Loss Of Consortium Claim Resulting From A Non-Fatal Injury To Child, Angela R. Lilly

SMU Law Review

No abstract provided.

Equal Access Act - Religious Clubs May Meet During Public Secondary School Mandatory Attendance Periods If No Discrete Academic Instruction Is Taking Place - Donovan V. Punxsutawney, The, Elizabeth S. Thompson

SMU Law Review

No abstract provided.

Attorneys' Fees, Ralph I. Miller, Angela C. Zambrano, Michelle Hartmann

SMU Law Review

No abstract provided.

Bankruptcy And Creditors' Rights, Roger S. Cox, Marc W. Taubenfeld

SMU Law Review

No abstract provided.

Appellate Practice And Procedure, Alan Wright, Debra J. Mccomas, Ladawn H. Conway, Heather D. Bailey

SMU Law Review

No abstract provided.

Corporations, Glenn D. West, Adam D. Nelson

SMU Law Review

No abstract provided.

Criminal Procedure: Pretrial, Trial And Appeal, Edwin T. Aradi, Nicola M. Shiels, Cara Foos Pierce, Audra L. Wassom, C. Jeffrey Price

SMU Law Review

No abstract provided.

Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Leslie Sara Hyman, Sara Evans

SMU Law Review

No abstract provided.

Employment Law, Earl M. Jones Iii, Jason R. Dugas, Jennifer A. Youpa

SMU Law Review

No abstract provided.

Energy Regulation, Gaye White

SMU Law Review

No abstract provided.

Insurance Law, J. Price Collins, Eric J. Millner

SMU Law Review

No abstract provided.

Partnerships, Steven A. Waters, Jeremy Adam Kruger

SMU Law Review

No abstract provided.

Taxation, Cynthia M. Ohlenforst, Jeff W. Dorrill, J. Blake Rice, Eleanor A. Arnold

SMU Law Review

No abstract provided.

Securities Regulation, George Lee Flint Jr.

SMU Law Review

No abstract provided.

Don't Tread On Me To Help Me: Does The District Of Columbia Family Court Act Of 2001 Violate Due Process By Extolling The One Family, One Judge Theory, Jim Moye

SMU Law Review

No abstract provided.

Texas Residential Construction Commission: Do Texas Homeowners Need It, Angela R. Lilly

SMU Law Review

No abstract provided.

These Grapes Are Ripe For Pickin: A Respectful Limit On State Power To Regulate Importation Of Wine Under The Twenty-First Amendment, Tracey Shimer Garman

SMU Law Review

No abstract provided.

Sattazahn V. Pennsylvania: Double Jeopardy And The Definition Of "Acquittal" In Capital-Sentencing Proceedings, Matthew G. Howells

University of Richmond Law Review

No abstract provided.

The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk

Articles

Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.

The Establishment Clause During The 2004 Term: Big Cases, Little Movement, Marci A. Hamilton

Articles

No abstract provided.

On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens

Articles

No abstract provided.

Contracts – Only With Consent, Ronald J. Mann

Faculty Scholarship

My friend and former colleague Omri Ben-Shahar has established a reputation for providing nuanced and well-grounded applications of economic analysis to important problems of contract law. In recent years, he has undertaken the ambitious task of exploring a significant topic at the boundary of contract law: liability for problems that arise out of efforts to form a contract. The essay to which I reply, Contracts Without Consent: Exploring a New Basis for Contractual Liability, is his second work on that topic, following his 2001 article with Lucian Bebchuk entitled Precontractual Reliance. Collectively, these pieces provide a comprehensive analysis …

The Efficient Design Of Option Contracts: Principles And Applications, Avery W. Katz

Faculty Scholarship

The law of contracts has often treated options quite differently from other contractual transactions; for example, the characterization of a transaction as an option contract calls forth specially required formalities, but on the other hand often has the effect of releasing parties from doctrinal limitations on their contractual freedom, such as the duty to mitigate damages or the rule that holds excessively high liquidated damages void as penalties. Such differential treatment is challenging to explain from a functional viewpoint, in part because all contracts resemble options to the extent they are enforceable in terms of monetary damages, and in part …

Understanding Macs: Moral Hazard In Acquisitions, Ronald J. Gilson, Alan Schwartz

Faculty Scholarship

The standard contract that governs friendly mergers contains a material adverse change clause (a "MAC") and a material adverse effect clause (a "MAE"); these clauses permit a buyer costlessly to cancel the deal if such a change or effect occurs. In recent years, the application of the traditional standard-like MAC and MAE term has been restricted by a detailed set of exceptions that curtails the buyer's ability to exit. The term today engenders substantial litigation and occupies center stage in the negotiation of merger agreements. This paper asks what functions the MAC and MAE term serve, what function the exceptions …

Johann August Weppen's Der Hessische Officer In Amerika And David Christoph Seybold's Reizenstein: The American Revolution And The German Bürgertum's Reassessment Of America, Virginia Sasser Delacey

Institute for the Humanities Theses

While American, British, and French reactions to the American Revolution are well-known, those of the German people are not, despite the presence of almost 30,000 German soldiers in America fighting for the British army and hundreds of German volunteers fighting for the American patriots. The participation of German soldiers on both sides of the conflict inspired numerous works of German poetry, prose, and drama, all largely forgotten in the wake of the French Revolution and the rise of German Classicism and Romanticism. This thesis examines two works that have received brief mention in the past two centuries: Der hessische Officier …

Cmc Interpersonal Relationships: A Phenomenological Study Of Online Relational Stages, Traci Mccollom Dillavou

Dissertations and Theses @ UNI

Initiating and developing Internet interpersonal relationships is becoming increasingly popular as technology becomes more relevant and available. In fact, according the Pew Internet and American Life Project (PIALP) (1995) and IntelliQuest (1999), which monitors the penetration, use and appreciation of media in society, the number of Americans online increased from twenty-five million in 1995 to eighty-three million in 1999, an increase of nearly 60 million American onliners in 4 years. More recently, about 106 million American adults have used the Internet; in addition 73 percent of all American young adults between the ages of 12 and 17 have also used …

Conservation Through Collusion: Antitrust As An Obstacle To Marine Resource Conservation, Jonathan H. Adler

Faculty Publications

Although it is not a new environmental problem, overfishing is arguably one of the most serious environmental problems today. Despite decades of government regulation, fisheries are in trouble the world over.

With little doubt, the federal fishery regulations adopted in the last twenty-five years have failed to ensure sustainable utilization of U.S. fisheries. The existing regulatory framework is "a failed experiment that has led to the destruction of United States coastal fisheries." At the same time that the federal government adopted an elaborate regulatory structure, federal law has impeded the development of cooperative fishery management institutions that may have helped …

Why Do Hung Juries Hang?, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman

Faculty Publications

The National Center for State Courts examined dead-locked, or “hung,” juries to see what characteristics they share and how they might be avoided. As one part of the study, surveys of jurors, judges, and attorneys were conducted in four jurisdictions. The Central Division, Criminal, of the Los Angeles County (California) Superior Court and the Superior Court of the District of Columbia were selected because of reported concerns about hung jury rates in those jurisdictions. The Maricopa County (Arizona) Superior Court was chosen because of an innovative procedure there that permits judges to allow further evidence and arguments when a jury …

Comprehensive Evaluation Of Animated Instructional Software For Mechanics Of Materials, Timothy A. Philpot, Richard H. Hall

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

During the past three years, the Basic Engineering Department at the University of Missouri--Rolla has been developing a second-generation suite of instructional software called MecMovies for the mechanics of materials course. In the Fall 2003 semester, MecMovies was integrated into assignments throughout the entire semester for one of the six UMR mechanics of materials sections. This paper presents a comparison of student performance in the experimental section with student performance in five control sections along with discussion of student qualitative ratings and comments.