Law Commons^™

Naftthe Road To Free Trade: Chilean Accession, James E. Etri

Law and Business Review of the Americas

No abstract provided.

Canadian Bank Act And Its Implementation Under The Nafta, Michelle Brown Berziel

Law and Business Review of the Americas

No abstract provided.

Development Of Inter-State Cooperation In The Asia Pacific Region: Considerations For Regional Trade Compacts, Yoshi Kodama

Law and Business Review of the Americas

No abstract provided.

The Mexican Peso Crisis: Implications For The Regulation Of Financial Markets, Douglas W. Arner

Law and Business Review of the Americas

No abstract provided.

Front Matter

Law and Business Review of the Americas

No abstract provided.

The Board Against All Odds: Assessing The Powers Of Delegated Management In Brazil, Alexandre Edde Diniz De Oliveira

Law and Business Review of the Americas

This article aims to analyze the contractual allocation of decision-making power to the board of directors in Brazilian public companies. Unlike U.S. law, Brazil's corporate statute bestows original and supreme decision-making power to the shareholders' meeting in running of the firm, while reserving a comparatively ancillary role to the board. At the same time, however, the statute permits shareholders to delegate part of these powers to the board through charter provisions. Whether or not parties take advantage of private ordering to empower the board is of great interest given the changing normative framework applicable to Brazil's capital markets over the …

The International Harmonization Of Competition Norms And Brazilian Competition Law: The Use Of Settlement Agreements, Kathryn Mcmahon

Law and Business Review of the Americas

Unlike many other emerging and developing countries where competition laws have only recently been enacted, Brazil has had a long history of the application of competition laws and policies, culminating in its most recent legislative reforms in 2011. Brazilian competition agencies are also internationally commended as a success story, particularly for their strong stance against, and criminalization of, cartel activity. But there are also emerging difficulties. In recent years, the Brazilian constitutional courts have become important sites of social change as they adjudicate in areas such as health, telecommunications, and financial markets. There have been comparatively fewer applications for judicial …

Alternative Dispute Resolution, Will Pryor

SMU Annual Texas Survey

No abstract provided.

The Quad (The 2017 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• 30th Annual Distinguished Alumni Awards
• Spring Break 2017: Crayons as Contraband
• The Mustang Bar rolls our new chapters and events to help alumni connect
• CEO and Co-Founder of Global Health Corps and former first daughter Barbara Bush discusses a new generation of global health crusaders

The Eurozone Debt Crisis And The European Banking Union: Hard Choices, Intolerable Dilemmas, And The Question Of Sovereignty, Emilios Avgouleas, Douglas W. Arner

The International Lawyer

No abstract provided.

Cross-Border Insolvency In The U.S. And U.K.: Conflicting Approaches To Defining The Locus Of A Debtor's Center Of Main Interests, Bryan Rochelle

The International Lawyer

No abstract provided.

Constitutional Parentage, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

No abstract provided.

Taxing Social Impact Bonds, Orly Mazur

Faculty Journal Articles and Book Chapters

An exciting new way to fund social services has recently emerged. This new financing mechanism, called a social impact bond (SIB), has the potential to help us tackle some of our nation’s most challenging social problems. Broadly speaking, a SIB is a type of “pay for success” contract where private investors provide the upfront capital to finance a social program, but only recoup their investment and realize returns if the program is successful. Like any new financing instrument, SIBs create numerous regulatory challenges that have not yet been addressed. One unresolved issue is the tax implications of a SIB investment. …

Reaching Across The Threshold Of The Fourth Amendment - Why Payton V. New York Should Be Interpreted Broadly, Caroline Hunt

SMU Law Review

No abstract provided.

The Wrong Decision At The Wrong Time: Utah V. Strieff In The Era Of Aggressive Policin, Julian A. Cook Iii

SMU Law Review

No abstract provided.

The Statutory Case Against Off-Label Promotion, Nathan Cortez

Faculty Journal Articles and Book Chapters

The Federal Food, Drug, and Cosmetic Act (FDCA) does not expressly prohibit companies from marketing or promoting drugs for unapproved, off-label uses. The FDA itself acknowledges that off-label promotion is not a prohibited act under the statute, or an element of any such act. Instead, the FDA uses off-label promotion as evidence of other statutory violations. This Article engages in perhaps the most thorough statutory construction analysis of the FDCA on this question, finding that the statute does support the FDA's functional ban on off-label promotion. Using various tools of construction, I find that several sections of the FDCA assume …

The Logic Of Comparable-Case Guidance In The Determination Of Awards For Pain And Suffering And Punitive Damages, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

Little guidance is provided to fact-finders in arriving at awards for pain and suffering and punitive damages. Such awards are therefore highly variable. This article explains why methods involving comparable-case guidance — information regarding awards in comparable cases as guidance for determining damage awards — are generally effective in reducing unpredictability and improving the reliability of awards for pain and suffering and punitive damages. The article addresses major objections to such methods, and provides relevant legal context and direction for implementation.

Brief Of Amici Curiae Tax Law Professors And Economists In Support Of Petitioner In South Dakota V. Wayfair, Orly Mazur

Faculty Journal Articles and Book Chapters

While the Supreme Court is rightly reluctant to overrule its own precedents under any circumstances, the force of stare decisis is less powerful in some contexts than in others. Specifically, stare decisis exerts a weaker pull when judicial doctrine in the relevant area is based not on statutory interpretation but on changing competitive circumstances and evolving economic understandings. Antitrust law is a paradigmatic example of an area in which these conditions are met, but the argument for a flexible application of precedent is similarly strong with respect to dormant Commerce Clause tax cases such as this one.

In Quill Corp. …

Analyzing Oil And Gas Farmout Agreements, John S. Lowe

Faculty Journal Articles and Book Chapters

This work is part of "A Collection of Archived Works from the Deans of Oil and Gas Law" and is a reprint of a 1987 article.

The Public Service Loan Forgiveness Program: The Need For Better Employment Eligibility Regulations, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

People will start seeking tax-exempt debt forgiveness under the Public Service Loan Forgiveness (“PSLF”) program in October of 2017 after satisfying the requirements of 10 years of post-October 1, 2007 employment in a “public service job.” I estimate that eventually 200,000 people a year or more will obtain debt forgiveness under this program, at a total cost to the Treasury of $12 billion/year or more. Estimates are that up to one-quarter of all employment will qualify as a public service job.

For such a large and costly program the precise eligibility criteria are crucial. The statutory definition of a public …

Trade Secrets, Safe Harbors, And International Trade, W. Keith Robinson

SMU Science and Technology Law Review

The Trans-Pacific Partnership (TPP) is a proposed trade agreement that establishes terms for trade and business between the United States and eleven Pacific Rim nations. The United States has withdrawn from the TPP, but interest in the agreement remains because some of its provisions serve as a template for future international trade deals. This article focuses on the TPP provisions concerning trade secrets and Internet Service Provider (ISP) Safe Harbors. While both provisions mirror U.S. law, they do lack certain "safeguards." Commentators have observed that the absence of these safeguards unfairly favor the interests of large corporations and rights holders …

The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan

SMU Science and Technology Law Review

Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered as the “gold …

Patents, Industrial Designs, And The Trans-Pacific Partnership: Articles 18.37–18.46 And 18.55–18.56, David O. Taylor, Aaron Pirouznia

SMU Science and Technology Law Review

This essay summarizes the articles of the Trans-Pacific Partnership dealing with patents and industrial designs, and compares and contrasts those articles with U.S. law and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Criminal Procedure: Confessions, Searches, And Seizures, Elena Alicia Esparza, Honorable Michael E. Keasler

SMU Annual Texas Survey

No abstract provided.

Franchise Law, Deborah S. Coldwell, Iris Gibson, Jamee Cotton, Lissette Villarruel, Sally Dahlstrom

SMU Annual Texas Survey

No abstract provided.

Insurance Law, J. Price Collins, Blake H. Crawford, John C. Scott

SMU Annual Texas Survey

No abstract provided.

Oil, Gas And Mineral Law, Richard F. Brown

SMU Annual Texas Survey

No abstract provided.

Real Property, J. Richard White, G. Roland Love, Amanda Grainger

SMU Annual Texas Survey

No abstract provided.

Wills & Trusts, Gerry Beyer

SMU Annual Texas Survey

No abstract provided.

Bankruptcy, Honorable Harlin D. Hale, Amber M. Carson

SMU Annual Texas Survey

No abstract provided.