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Full-Text Articles in Law
Napoleon Lajoie, Breach Of Contract And The Great Baseball War, C. Paul Rogers Iii
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
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 …
Bad Consequences, Lackland H. Bloom Jr.
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 …
Curtailing Investor Protection Under The Securities Laws: Good For The Economy, Marc I. Steinberg
Curtailing Investor Protection Under The Securities Laws: Good For The Economy, Marc I. Steinberg
SMU Law Review
No abstract provided.
Home Equity Loans In Texas: Maintaining The Texas Tradition Of Homestead Protection, Julia Patterson Forrester Rogers
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 …
Detailed Fact Pleading: The Lessons Of Scottish Civil Procedure, Elizabeth G. Thornburg
Detailed Fact Pleading: The Lessons Of Scottish Civil Procedure, Elizabeth G. Thornburg
The International Lawyer
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
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.
A Tribute To Professor Joseph W. Mcknight: Shades Of The Highwayman's Case In The 21st Century, Christopher H. Hanna
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.
Environmental Law, Scott D. Deatherage, Becky Jolin, A. Kay Roska, Matthew J. Knifton, Elizabeth Webb, Jennifer Hodgkins
Environmental Law, Scott D. Deatherage, Becky Jolin, A. Kay Roska, Matthew J. Knifton, Elizabeth Webb, Jennifer Hodgkins
SMU Law Review
No abstract provided.
My Friend Flittie, Roy Ryden Anderson
The Aftermath Of United States V. Virginia: Why Five Justices Are Pulling In The Reins On The Exceedingly Persuasive Justification, Heather L. Stobaugh
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.
Interpretive Issues In Seminole And Alden, Lackland H. Bloom Jr.
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 …
Tulk V. Moxhay And Texas Environmental Law: Land Use Restrictions Under The Texas Risk Reduction Program, Jeffrey M. Gaba
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.
Health Care Law, Thomas Wm. Mayo