Law Commons^™

The Quad (The 2005 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Dedman School of Law Hosts Supreme Courts Summit; Appellate Judges Education Institute Summit
• Dean Charles O. Gavin - Scholar, Educator, Friend
• Normalizing Intellectual Property by Xuan-Thao Nguyen

Conflict Of Laws, James P. George, Anna K. Teller

SMU Law Review

No abstract provided.

The Supreme Court And Voting Rights: A More Complete Exit Strategy, Grant M. Hayden

Faculty Journal Articles and Book Chapters

To the great relief of many observers, the Supreme Court has recently become more deferential to state legislatures with respect to their political redistricting plans. The only problem is that the Court appears to be in no mood to revisit some of the cases that got it entangled in the political thicket to begin with - the ones rigorously applying the one person, one vote standard. Indeed, it recently issued a summary affirmance of a lower court decision that tightened up its already exacting standards regarding population equality. As a result, the Court's partial retreat from politics is doing more …

A Model Of Abstract Cooperation In Games Of Uncertainty, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

The idea that evolutionary processes natrually propel a state of affairs toward a higher, perhaps more complex or advanced, state of affairs is one that may extend to any context characterized by a dynamic time frame, including ogliopoly moelds of repeated Prisoner's Dilemma. The author argues that, contrary to the popular assertion that coordinated pricing necessarily requires voluntary coordination, oligopoly markets may evolve to a state of cooperation—one of collective profit maximization—absent a conscious state of coordination among the players, or even knowledge of such cooperation. While Professor Donald Turner proposes a theory of cooperation based on forward-looking consideration of …

Working Together: How Workplace Bonds Strengthen A Diverse Democracy, Grant M. Hayden

Faculty Journal Articles and Book Chapters

No abstract provided.

Refocusing On Race, Grant M. Hayden

Faculty Journal Articles and Book Chapters

This paper, prepared for a symposium on voting rights in the George Washington Law Review, is a call to refocus attention on the role of race in politics. In recent years, many voting rights scholars have shifted their attention away from the plight of minority voters. Indeed, the issue of race came up in this symposium only obliquely, if at all, as part of a discussion of other issues. And this is more than a bit unusual, for race has been a driving force in the development of much of the law of democracy over the last several decades.

Of …

Counsel Conflict Dilemmas In Mergers And Acquistions, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This article analyzes an important dilemma that raises liability and ethical concerns: Attorney conflicts of interest in the specialized setting of corporate acquisitions and mergers. The ensuing discussion seeks to present a concrete analysis in conjunction with a recommended framework of attorney conflicts of interest in the publicly-held corporate acquisition context. First, the article will present a general overview of conflicts of interest for the corporate counsel. Second, these conflicts issues will be addressed in the corporate takeover setting, followed by an examination of such conflicts in parent-subsidiary mergers and leveraged buyouts in which incumbent management obtains a substantial equity …

The New Universal Jurisdiction: In Absentia Signaling Over Clearly Defined Crimes, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

No abstract provided.

Beyond Tinkering: Economics After Behavioral Economics, Stephen E. Ellis, Grant M. Hayden

Faculty Journal Articles and Book Chapters

This paper assesses the current state of law and economics, standard and behavioral, and proposes an additional element to the basic belief-desire apparatus of economic theory in order to create a more unified theory of behavior.

The first part of the paper assesses the current status of standard economic theory. While standard models have had their successes, a large and growing body of empirical evidence reveals that people often fail to live up its rational-actor ideal. In response, economists usually stick with standard consumer theory and attempt to explain the anomalous results by referring to some overlooked input (e.g., some …

The Unitary Executive In The Modern Era, 1945-2004, Anthony J. Colangelo, Christopher S. Yoo, Steven G. Calabresi

Faculty Journal Articles and Book Chapters

Since the impeachment of President Clinton, there has been renewed debate over whether Congress can create institutions such as special counsels and independent agencies that restrict the president's control over the administration of the law. Initially, debate centered on whether the Constitution rejected the executive by committee used by the Articles of Confederation in favor of a unitary executive, in which all administrative authority is centralized in the president. More recently, the debate has focused on historical practices. Some scholars suggest that independent agencies and special counsels are such established features of the constitutional landscape that any argument in favor …

Nationalizing International Criminal Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

International law scholars often assume that the best way to enforce human rights is by establishing strong international institutions that develop the law progressively and enforce it independently. Political realists counter that such institutions are only as useful as powerful states permit them to be, and discourage expansive visions of their mandate. Partisans of the recently created International Criminal Court (ICC) must come to terms with the realist challenge. They must work to adapt the institution accordingly, without abandoning hope for the project altogether. Although the ICC will be constrained by the state support it commands, it can make a …

Minimizing Corporate Liability Exposure When The Whistle Blows In The Post Sarbanes-Oxley Era, Marc I. Steinberg, Seth A. Kaufman

Faculty Journal Articles and Book Chapters

Over the past few years, numerous newspapers and magazines have featured stories discussing whistleblowers. From Sherron Watkins at Enron to Cynthia Cooper at Worldcom, employees who reported perceived corporate fraud have received widespread attention. With this increased public focus, Congress chose to provide statutory protection in the whistleblower corporate or securities law context through enactment of the Sarbanes-Oxley Act of 2002 (SOX).

Prior to SOX, federal and state statutes (as well as common law) existed to protect whistleblowers in specific settings. For example, the False Claims Act provides protection to individuals who report fraudulent activities committed against the federal government. …

Attorney Liability Under The State Securities Laws: Landscapes And Minefields, Marc I. Steinberg, Chris Classen

Faculty Journal Articles and Book Chapters

Attorneys face significant liability exposure under the state securities laws, and they can be held primarily liable when they are "sellers" of securities, or under some state statutes, like California, when they are experts. Depending on the applicable jurisdiction and counsel's status relative to the subject client, secondary liability may be incurred. In a number of states, counsel has liability exposure based on materially aiding the primary violator with the requisite intent.

This article surveys and analyzes attorney liability under state securities law. After presenting a succinct overview of applicable state law in Part II, the article then provides a …

Perpetual Trusts And The Settlor's Intent, Joshua C. Tate

Faculty Journal Articles and Book Chapters

In recent years, a number of American states have abolished the Rule Against Perpetuities, allowing for the creation of perpetual dynasty trusts. Some scholars have suggested that these states should also pass statutes making it easier for beneficiaries and trustees to undo a perpetual dynasty trust after the settlor has died. This article makes use of a novel source of empirical evidence - websites created by estate planners to entice clients to set up dynasty trusts - to show that settlors' goals would be frustrated by the proposed legislation.

Bad Arguments Against Gay Marriage, Dale Carpenter

Faculty Journal Articles and Book Chapters

This article claims that three common arguments against gay marriage - the definitional, procreation, and slippery-slope arguments - are quite bad, the worst of the lot. The definitional argument asserts that marriage just is the union of one man and one woman, and that the definition alone is a sufficient defense against claims for gay marriage. The procreation argument claims that marriage's central public purpose is to encourage procreation, and so the exclusion of same-sex couples is justified. The slippery-slope argument claims that the acceptance of same-sex marriage logically entails the acceptance of other public policy changes - notably the …

Evolving Standards Of Evidentiary Review: Revising The Scope Of Review, William V. Dorsaneo Iii

Faculty Journal Articles and Book Chapters

Recently, the Texas Supreme Court has embraced an important recapitulation of the scope of evidentiary review in cases governed by the preponderance of the evidence standard of review. A similar approach has been applied by the court to cases controlled by the clear and convincing evidence standard of review. This article explores and explains these important developments.

Panel Discussion I, Scott Brister, Justice Nathan L. Hecht, William V. Dorsaneo Iii, Mike Hatchell

Faculty Journal Articles and Book Chapters

No abstract provided.

Is The Solomon Amendment Unconstitutional, Dale Carpenter

Faculty Journal Articles and Book Chapters

No abstract provided.

Environmental Law, Scott D. Deatherage, Becky Jolin, Elizabeth Webb, Matthew J. Knifton, Brendan Lowrey

SMU Law Review

No abstract provided.

Resurrecting Comity: Revisiting The Problem Of Non-Uniform Marriage Laws, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

This paper addresses the age-old problem of interstate marriage recognition, raised anew by the legalization of same-sex marriage in Massachusetts. The problem, in a nutshell, is whether and when a state should recognize a marriage validly celebrated elsewhere when its own laws would have prohibited the marriage from taking place.

Non-uniform marriage laws and the conflicts they engender are not new. To the contrary, states historically disagreed about many aspects of domestic relations laws, and in particular about marriage prohibitions. Conflicts arose when couples married in one state and then sought recognition of their union in a state that would …

From Gregory To Enron: The Too Perfect Theory And Tax Law, Christopher H. Hanna

Faculty Journal Articles and Book Chapters

Although financial writers have been using magic terms in describing tax law (and accounting reporting), do such terms and theories really have a place in the law? This Article will show that there is a connection between magic and tax law. In a sense, tax lawyers are magicians in that they are able to structure transactions in a manner to minimize taxes, in many cases, to the complete bewilderment of their clients. Tax lawyers are constantly striving to structure transactions in ways that will withstand scrutiny from both the government and the courts. Experienced and well-informed tax lawyers know, however, …

The Value Of Institutions And The Values Of Free Speech, Dale Carpenter

Faculty Journal Articles and Book Chapters

No abstract provided.