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Full-Text Articles in Law

Combating Terrorism And Violent Extremism In Nigeria: Defining A New Approach To Winning Modern Jihadist Conflict, Steven E. Hendrix Jan 2015

Combating Terrorism And Violent Extremism In Nigeria: Defining A New Approach To Winning Modern Jihadist Conflict, Steven E. Hendrix

The International Lawyer

No abstract provided.


Military Tribunals And Due Process In Post-Revolutionary Egypt, Bianca C. Isaias Jan 2015

Military Tribunals And Due Process In Post-Revolutionary Egypt, Bianca C. Isaias

The International Lawyer

No abstract provided.


Front Matter, Smu Law Review Jan 2015

Front Matter, Smu Law Review

SMU Law Review

No abstract provided.


Some Observations On Corporate Or Business Tax Reform, Christopher H. Hanna Jan 2015

Some Observations On Corporate Or Business Tax Reform, Christopher H. Hanna

SMU Law Review

The current push for tax reform seems to be coming from corporate America. This is quite different than the circumstances surrounding tax reform in 1986, the last time the United States enacted comprehensive tax reform. At that time, upper-income individuals were investing in a variety of tax shelters. This paper examines tax reform according to the interests of four categories of Corporate America.


The Law On Insider Trading Lacks Needed Definition, Roberta S. Karmel Jan 2015

The Law On Insider Trading Lacks Needed Definition, Roberta S. Karmel

SMU Law Review

No abstract provided.


"Loser Pays": The Latest Installment In The Battle-Scarred, Cliff-Hanging Survival Of The Rule 10b-5 Class Action, John C. Coffee, Jr. Jan 2015

"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.


Reflections On The Securities Broker As A Fiduciary, Norman S. Poser Jan 2015

Reflections On The Securities Broker As A Fiduciary, Norman S. Poser

SMU Law Review

No abstract provided.


The False Promise Of Publicly Offered Private Placements, Manning Gilbert Warren Iii Jan 2015

The False Promise Of Publicly Offered Private Placements, Manning Gilbert Warren Iii

SMU Law Review

No abstract provided.


The Compensatory Disgorgement Alternative To Restatement Third's New Remedy For Breach Of Contract, Roy Ryden Anderson Jan 2015

The Compensatory Disgorgement Alternative To Restatement Third's New Remedy For Breach Of Contract, Roy Ryden Anderson

SMU Law Review

No abstract provided.


Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu Jan 2015

Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu

The International Lawyer

This article summarizes important developments in 2014 in customs law, including U.S. judicial decisions, trade, legislative, administrative, and executive developments, as well as Canadian and European legal developments.


Mexico, T. Matthew Hansen, Eduardo Isaias Riviera Rodriguez, Alonso Gonzalez-Villalobos, Paulina Aguilar Cervantes, Michell Nader, Jose Sifuentes, Garardo Calderon-Villegas, Isaac Shefer, Stefano De Luca, Maria Cadelaria Pelayo Torres, Evangelina Flores Preciado, Alicia Vicente Rodriguez, Maria Erika Cardenas Briseno, Juan Pablo Venegas Contreras Jan 2015

Mexico, T. Matthew Hansen, Eduardo Isaias Riviera Rodriguez, Alonso Gonzalez-Villalobos, Paulina Aguilar Cervantes, Michell Nader, Jose Sifuentes, Garardo Calderon-Villegas, Isaac Shefer, Stefano De Luca, Maria Cadelaria Pelayo Torres, Evangelina Flores Preciado, Alicia Vicente Rodriguez, Maria Erika Cardenas Briseno, Juan Pablo Venegas Contreras

The International Lawyer

No abstract provided.


Acupressure: The Emerging Role Of Market Ordering In Global Copyright Enforcement, Eric Priest Jan 2015

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 Jan 2015

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 …


Front Matter Jan 2015

Front Matter

SMU Law Review

No abstract provided.


In Honor Of Professor Alan Bromberg, Marc I. Steinberg Jan 2015

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 Jan 2015

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 Jan 2015

"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 Jan 2015

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 Jan 2015

Coitus And Consequences In The Legal System: An Experiment Study, Joni Hersch, Beverly Moran

SMU Law Review

No abstract provided.


Cultivating Judgment On The Tools Of Wrongful Conviction, Meghan J. Ryan, John Adams Jan 2015

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 Jan 2015

A Tale Of Two Inquiries: The Ministerial Exception After Hosana-Tabor, Brian M. Murray

SMU Law Review

No abstract provided.


Values And The Courts: Maintaining The Rule Of Law In The Global World, Honourable Beverley Mclachlin Jan 2015

Values And The Courts: Maintaining The Rule Of Law In The Global World, Honourable Beverley Mclachlin

The International Lawyer

No abstract provided.


India, Kavita Mohan, Raj Barot, Aseem Chawla, Ashish Jerjurkar, Divya Ashta, Gagan Kumar, Niyati Chanana, Sharanya G. Ranga, Laxmi Joshi, Fatema Merchant, Priyanka Sharma Goswami, Poorvi Chothani Jan 2015

India, Kavita Mohan, Raj Barot, Aseem Chawla, Ashish Jerjurkar, Divya Ashta, Gagan Kumar, Niyati Chanana, Sharanya G. Ranga, Laxmi Joshi, Fatema Merchant, Priyanka Sharma Goswami, Poorvi Chothani

The International Lawyer

This article surveys significant legal developments in India during the year 2014.


Where Trade And Industrial Policy Converge: How Developing Countries Can Utilize Trade Preferences To Generate Sustainable, Local Growth In The Garment Sector, Collette Van Der Ven Jan 2015

Where Trade And Industrial Policy Converge: How Developing Countries Can Utilize Trade Preferences To Generate Sustainable, Local Growth In The Garment Sector, Collette Van Der Ven

The International Lawyer

The rise of the textile and apparel global value chains and trade preferences has created unprecedented opportunities for developing countries to participate in trade in textiles and apparel. Yet, while some countries have managed to build backward linkages and engage in industrial upgrading, others remain locked in the lower echelons of the textile and apparel value chai

This Article demonstrates that trade preferences and rules of origin alone do not explain countries' diverging experiences in the apparel value chain. Rather, a country's industrial policy is crucial in determining sustainable growth: is it solely export-oriented, or does it balance promoting growth …


New Forms Of Dialects Between Intellectual Property And Public Health: Pharmaceutical Patent-Related Investment Disputes, Valentina Vadi Jan 2015

New Forms Of Dialects Between Intellectual Property And Public Health: Pharmaceutical Patent-Related Investment Disputes, Valentina Vadi

The International Lawyer

No abstract provided.


Tax Anti-Avoidance Law In Australia And The United States, Susan C. Morse, Robert Deutsch Jan 2015

Tax Anti-Avoidance Law In Australia And The United States, Susan C. Morse, Robert Deutsch

The International Lawyer

No abstract provided.


Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James Dwyer Jan 2015

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 Jan 2015

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 …


Federal Criminal Procedure--Guilty Plea Satisfaction Guaranteed, T. J. Hales Jan 2015

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 Jan 2015

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.