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Full-Text Articles in Law
Acupressure: The Emerging Role Of Market Ordering In Global Copyright Enforcement, Eric Priest
Acupressure: The Emerging Role Of Market Ordering In Global Copyright Enforcement, Eric Priest
SMU Law Review
No abstract provided.
Promoting Health With Sports: When Should Nonprofits Qualify For Tax Benefits?, William Drennan
Promoting Health With Sports: When Should Nonprofits Qualify For Tax Benefits?, William Drennan
SMU Law Review
Abstract for SMU Article - Promoting Health with Sports - April 1 2015 Current law routinely denies tax benefits to organizations promoting recreational adult sports even though medical research associates our inactivity with an epidemic of chronic diseases causing human suffering and spiraling healthcare costs. The IRS routinely grants tax-exempt status under IRC § 501(c)(3) to youth and college sports organizations based on century-old thinking that links sports with education. This obsession with evaluating sports as education developed in a bygone age when sports were merely for students and the idle rich, and most adults got plenty of physical activity …
In Honor Of Professor Alan Bromberg, Marc I. Steinberg
In Honor Of Professor Alan Bromberg, Marc I. Steinberg
SMU Law Review
No abstract provided.
Reflections On "In The Best Interest Of The Corporation" And "Corporate Social Responsibility": An Essay Honouring The Memory Of Professor Alan R. Bromberg, Joseph J. Norton
Reflections On "In The Best Interest Of The Corporation" And "Corporate Social Responsibility": An Essay Honouring The Memory Of Professor Alan R. Bromberg, Joseph J. Norton
SMU Law Review
This essay examines the question of how a Texas corporation can pursue a Corporate Social Responsibility (CSR) program while maintaining compliance with statutory and case law standards of corporate governance. The author discusses both the historical policy underpinnings and modern-day drivers of CSR and concludes that a comprehensive CSR program based on the sustainability of the enterprise aligns with current Texas standards for corporate governance. As applied in connection with CSR, the author suggests that sustainability provides a longer-term and more appropriate stakeholder context to corporate decision-making.
"Make" Means "Make": Rejecting The Fourth Circuit's Two-Headed Interpretation Of Janus Capital, C. Steven Bradford
"Make" Means "Make": Rejecting The Fourth Circuit's Two-Headed Interpretation Of Janus Capital, C. Steven Bradford
SMU Law Review
No abstract provided.
Contracting Around Securities Litigation: Some Thoughts On The Scope Of Litigation Bylaws, Verity Winship
Contracting Around Securities Litigation: Some Thoughts On The Scope Of Litigation Bylaws, Verity Winship
SMU Law Review
No abstract provided.
Coitus And Consequences In The Legal System: An Experiment Study, Joni Hersch, Beverly Moran
Coitus And Consequences In The Legal System: An Experiment Study, Joni Hersch, Beverly Moran
SMU Law Review
No abstract provided.
The Compensatory Disgorgement Alternative To Restatement Third's New Remedy For Breach Of Contract, Roy Ryden Anderson
The Compensatory Disgorgement Alternative To Restatement Third's New Remedy For Breach Of Contract, Roy Ryden Anderson
SMU Law Review
No abstract provided.
Cultivating Judgment On The Tools Of Wrongful Conviction, Meghan J. Ryan, John Adams
Cultivating Judgment On The Tools Of Wrongful Conviction, Meghan J. Ryan, John Adams
SMU Law Review
No abstract provided.
A Tale Of Two Inquiries: The Ministerial Exception After Hosana-Tabor, Brian M. Murray
A Tale Of Two Inquiries: The Ministerial Exception After Hosana-Tabor, Brian M. Murray
SMU Law Review
No abstract provided.
Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James Dwyer
Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James Dwyer
SMU Law Review
Unrepresented in the literature on same-sex marriage is the perspective of a family law scholar who supports legal marriage for same-sex couples as a matter of policy and morality but denies that same-sex couples have a constitutional right to state-issued marriage certificates. This article exposes the disingenuous distortions and intentional omissions that advocates for same-sex marriage and their supporters in the judiciary and the academy deploy to secure the policy result they desire through the courts. It demonstrates that the same-sex marriage movement's past successes have actually undermined, rather than advanced, their case for court-mandated expansion of legal marriage. It …
Distinguishing Lay From Expert Opinion: The Need To Focus On The Epistemological Differences Between The Reasoning Process Used By Lay And Expert Witnesses, Edward J. Imwinkelried
Distinguishing Lay From Expert Opinion: The Need To Focus On The Epistemological Differences Between The Reasoning Process Used By Lay And Expert Witnesses, Edward J. Imwinkelried
SMU Law Review
This article deals with the sometimes elusive line between expert and lay opinion testimony. Justice Holmes once remarked that the law is constantly drawing lines. That remark certainly holds true in Evidence law. On a daily basis trial judges must distinguish between character and noncharacter uses of evidence and differentiate hearsay from nonhearsay theories of logical relevance. The topic of this article is another evidentiary distinction: that between lay opinions and expert opinions.
That distinction has assumed tremendous importance since 1993. In that year, Federal Rule of Civil Procedure 26 was amended to prescribe mandatory pre-discovery disclosures. One of the …
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
SMU Law Review
The Supreme Court has returned to the issue of whether a “reasonableness” analysis or an “interstate federalism” focus underlies personal jurisdiction doctrine. It has, thus, renewed the debate regarding whether the so-called “forward-looking” or “backward-looking” face of International Shoe should control.
This Article explores two 2014 cases in which the Court took strides toward implementing a liberty interest, or reasonableness, view of personal jurisdiction. In the first case, Daimler AG v. Bauman, the Court introduced a new, narrower approach to general jurisdiction. Under Bauman’s more constrained analysis, general jurisdiction will be available primarily in an individual’s domicile and a corporation’s …
Federal Criminal Procedure--Guilty Plea Satisfaction Guaranteed, T. J. Hales
Federal Criminal Procedure--Guilty Plea Satisfaction Guaranteed, T. J. Hales
SMU Law Review
No abstract provided.
Psychology's Role In Law: A Discussion Of How The Supreme Court Views The Role Of The Dsm-V In Hall V. Florida, Bryant Buechele
Psychology's Role In Law: A Discussion Of How The Supreme Court Views The Role Of The Dsm-V In Hall V. Florida, Bryant Buechele
SMU Law Review
No abstract provided.
Enforcement Of Patent Rights: Expanding The Potential For Patent Owners To Face Antitrust Liability, Angela Oliver
Enforcement Of Patent Rights: Expanding The Potential For Patent Owners To Face Antitrust Liability, Angela Oliver
SMU Law Review
No abstract provided.
Construction Law--Texas Supreme Court Shields Design Professionals From Economic Liability In Negligent Misrepresentation Suits, Grant Robinson
Construction Law--Texas Supreme Court Shields Design Professionals From Economic Liability In Negligent Misrepresentation Suits, Grant Robinson
SMU Law Review
No abstract provided.
The Spending Power After Nfib: New Direction, Or Medicaid Exception?, Elizabeth Patterson
The Spending Power After Nfib: New Direction, Or Medicaid Exception?, Elizabeth Patterson
SMU Law Review
In National Federation of Independent Business v. Sebelius (NFIB) seven Supreme Court Justices opened the door to a re-examination of Spending Clause jurisprudence, striking down a congressional measure for the first time since the 1930’s and highlighting the important constitutional interests implicated by expansive conditions on federal grants to the states. The Supreme Court’s 1987 decision in South Dakota v. Dole had validated any condition that was somewhat related to the purpose of the grant so long as the conditioned grant was voluntarily accepted by the state. In NFIB the Court appears to reconsider the breadth of this authority. NFIB …
Nsa And Dea Intelligence Sharing: Why It Is Legal And Why Reuters And The Good Wife Got It Wrong, Melanie M. Reid
Nsa And Dea Intelligence Sharing: Why It Is Legal And Why Reuters And The Good Wife Got It Wrong, Melanie M. Reid
SMU Law Review
The recent disclosures of secret U.S. government surveillance programs have brought to the forefront how intelligence agencies should manage the gathering and analysis of intelligence collected and when and how best to pass that information on to law enforcement. What is first collected for national security purposes can now potentially be used in a criminal trial. Law enforcement agents are said to utilize “parallel construction” to hide the original source that initiated the criminal investigation and develop their own evidence independent from this original source. Since the “wall” between intelligence agencies and law enforcement agencies fell down post-9/11 and intelligence …
Probability, Confidence, And Twombly's Plausibility Standard, Luke Meier
Probability, Confidence, And Twombly's Plausibility Standard, Luke Meier
SMU Law Review
No abstract provided.
The Fight Over Home Court: An Anlaysis Of The Sec's Increased Use Of Administrative Proceedings, Ryan Jones
The Fight Over Home Court: An Anlaysis Of The Sec's Increased Use Of Administrative Proceedings, Ryan Jones
SMU Law Review
No abstract provided.
How The Law Should View Voluntary Child Soldiers: Does Terrorism Pose A Different Dilemma?, Cristina Martinez Squiers
How The Law Should View Voluntary Child Soldiers: Does Terrorism Pose A Different Dilemma?, Cristina Martinez Squiers
SMU Law Review
No abstract provided.
Alan R. Bromberg Curriculum Vitae (Cv) & Photo
Professor Alan R. Bromberg's Rule 10b-5, Marc I. Steinberg
Professor Alan R. Bromberg's Rule 10b-5, Marc I. Steinberg
SMU Law Review
Professor Alan Bromberg was the foremost authority in the law of Rule 10b-5. In this article, the author Professor Marc Steinberg, Professor Bromberg's colleague for 25 years, highlights Professor Bromberg's scholarship in this area. Focusing on key U.S. Supreme Court decisions and congressional legislation, Professor Steinberg reflects on the dialogue that he had with Professor Bromberg through the years on these developments. As this article illustrates, Professor Bromberg enjoyed a truly impressive academic career.
Drafting General Partnership Laws On The "Aggregate" Or "Entity" Theory, Peter Winship
Drafting General Partnership Laws On The "Aggregate" Or "Entity" Theory, Peter Winship
SMU Law Review
It has been “a matter of considerable dispute” whether partnership legislation should treat a general partnership as an entity. The dispute is about whether to draft the legislation on the “entity” theory (the partnership is a separate legal entity) or on an “aggregate” theory (the partnership is an association — but not a legal entity — of persons carrying on a business as co-owners). Scotland and civil law jurisdictions (including Louisiana) have long recognized the partnership as an entity. Until the late 19th century, however, partnership law in common-law jurisdictions was judge- made law, and most judges treated partnership issues …
"Loser Pays": The Latest Installment In The Battle-Scarred, Cliff-Hanging Survival Of The Rule 10b-5 Class Action, John C. Coffee, Jr.
"Loser Pays": The Latest Installment In The Battle-Scarred, Cliff-Hanging Survival Of The Rule 10b-5 Class Action, John C. Coffee, Jr.
SMU Law Review
No abstract provided.
"We're Cool" Statements After Omnicare: Securities Fraud Suits For Failures To Comply With The Law, James D. Cox
"We're Cool" Statements After Omnicare: Securities Fraud Suits For Failures To Comply With The Law, James D. Cox
SMU Law Review
No abstract provided.
Regulating Information Flows In Capital Markets, Onnig H. Dombalagian
Regulating Information Flows In Capital Markets, Onnig H. Dombalagian
SMU Law Review
No abstract provided.
Globalizing Up Corporate Law, Franklin A. Gevurtz
Globalizing Up Corporate Law, Franklin A. Gevurtz
SMU Law Review
No abstract provided.