Law Commons^™

The Mandatory Bid Rule Under China's Takeover Law: A Comparative And Empirical Perspective

The International Lawyer

China initially transplanted the mandatory bid rule (MBR) from the United Kingdom (U.K.) in the early 1990s but significantly amended it in 2006 to allow the use of partial bids, as well as full bids or general bids, to discharge the MBR duty. This amendment makes the MBR in China deviate from its place of origin both in the books and in action. This paper analyses the similarities and differences between the Chinese MBR and its counterparts in the U.K. and Japan. In doing so, it empirically investigates how the Chinese-style MBR has been applied in practice by examining all …

Digital Information Law - Meaning, Challenge, And Future

The International Lawyer

Financial markets have most recently been disrupted by the sudden explosion and growth in new Information Technology (InfoTech),6 Data Technology (DataTech),7 Financial Technology (FinTech),8 and Regulatory Technology (RegTech) markets and devices.9 Reference may also be made to the use of technology in the provision of government services (GovTech) and in legal services (LawTech). A number of separate rights and interests can also be created which arise in the context of protecting information.20 All of this becomes of specific importance in the banking and financial area due to the fact that banks and other financial institutions manage accounts on behalf of …

The Not So Friendly Skies: Pilots’ Attempt To Claim Employer Collusion With Rival Pilots Union During Collective Bargaining Fails In Beckington, Drew Baker

Journal of Air Law and Commerce

No abstract provided.

Air Ambulances And State Contract Claims: The Opening To Avoid Ada Preemption, John David Janicek

Journal of Air Law and Commerce

No abstract provided.

Minimum Wage Requirements: Seventh Circuit Perpetuates Employer-Friendly Flsa Interpretation, Ashley Jo Zaccagnini

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law – 2019, Arthur I. Willner, Raymond L. Mariani, Emily K. Doty

Journal of Air Law and Commerce

No abstract provided.

The Ninth Circuit’S Left Hook: Criminal Venue In The Skies And Why Lozoya Hits The Mark, Christopher Thomson

Journal of Air Law and Commerce

No abstract provided.

The West Caribbean Conundrum: The United States Versus France On The Availability Of Forum Non Conveniens Under The Montreal Convention Of 1999, David Cluxton

Journal of Air Law and Commerce

No abstract provided.

Ending The Forever War: Resolving The Boeing-Airbus Trade Dispute With A New Bilateral Agreement, Brooke Vaydik

Journal of Air Law and Commerce

In today’s ever-connected and increasingly global economy, there is a strong need for cooperation in bilateral and multilateral trade exchanges, but international trade disputes have arisen in the context of many industries, goods, and services. Over the last two decades, the European Union (EU) and the United States have been embroiled in a complicated dispute over subsidies given to their largest commercial airline manufacturers, a practice that both governments have engaged in heavily.

Increased global reliance on air travel, coupled with the dominance of few companies worldwide, has raised the stakes for maintaining innovation and profitability. Both the EU and …

The Legal Challenges Of International Suborbital Flights: A Bilateral Solution, Aram Daniel Kerkonian, Nivedita Raju

Journal of Air Law and Commerce

No abstract provided.

Biometrics Takes Off—Fight Between Privacy And Aviation Security Wages On, Alexa N. Acquista

Journal of Air Law and Commerce

In the last two decades, the Department of Homeland Security (DHS) has implemented a variety of new screening and identity verification methods in U.S. airports through its various agencies such as the Transportation Security Administration (TSA) and Customs and Border Protection (CBP). In particular, biometric technology has become a focal point of aviation security advances. TSA, CBP, and even private companies have started using fingerprint, iris, and facial scans to verify travelers’ identities, not only to enhance security but also to improve the travel experience.

This Comment examines how DHS, its agencies, and private companies are using biometric technology for …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Grounded: How The 737 Max Crashes Highlight Issues With Faa Delegation And A Potential Remedy In The Federal Tort Claims Act, Drew H. Nunn

Journal of Air Law and Commerce

The over-delegation by the Federal Aviation Administration (FAA) of new aircraft design certification authority to the very companies seeking such certification has led to a stunning lack of oversight and bending to private economic interests. Congressional action must be taken to ensure that aircraft certification authority, if delegated to private entities, is not delegated to any entities with ties to the companies seeking certification, and FAA oversight must be tightened.

This Comment analyzes whether the Federal Tort Claims Act could provide a potential avenue for plaintiffs to challenge the FAA as it relates to its oversight and delegation to The …

Liability For The Death Of Aircraft Passengers In Indonesia, Simon A. Butt, Tim Lindsey

Journal of Air Law and Commerce

No abstract provided.

Electric Vehicles, Infrastructure Electrification And The Urban-Rural Divide, Nathan Reck

SMU Science and Technology Law Review

No abstract provided.

A History Of The Law Of Assisted Dying In The United States, Alan Meisel

SMU Law Review

No abstract provided.

Jefferson’S Taper, Jeremy N. Sheff

SMU Law Review

This Article reports a new discovery concerning the intellectual genealogy of one of American intellectual property law’s most important texts. The text is Thomas Jefferson’s often-cited letter to Isaac McPherson regarding the absence of a natural right of property in inventions, metaphorically illustrated by a “taper” that spreads light from one person to another without diminishing the light at its source. I demonstrate that Thomas Jefferson likely copied this Parable of the Taper from a nearly identical passage in Cicero’s De Officiis, and I show how this borrowing situates Jefferson’s thoughts on intellectual property firmly within a natural law theory …

The Sovereign’S Invisible Grasp: Katzin V. United States And The Case For Nonpossessory Physical Takings, James Kemp

SMU Law Review

No abstract provided.

Moving The Goalposts: Why Congress Should Consider Extending The Nfl’S Antitrust Exemption To The Directv Sunday Ticket Package, Jack Milligan

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

A Tribute To Peter Winship—Academic Lawyer Par Excellence, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Distinctly Claiming An Invention, Karen E. Sandrik

SMU Law Review

Patent law has a problem. Its foundation rests on the principle that a patent will clearly define its boundaries through its claims—the metes and bounds—yet the very standard for defining the boundaries is unclear. In 2014, the Supreme Court sought to guide courts and the patent bar on the level of precision needed when drafting these claims. Endorsing a “reasonable certainty” standard, the Court had one goal in Nautilus v. Biosig Instruments, Inc.: to give definiteness to the law of patent indefiniteness. Today, instead of a unitary definiteness standard that is applied across all forums of patent adjudication, there are …

The Next "Big Short": Covid-19, Student Loan Discharge In Bankruptcy, And The Slabs Market, Samantha L. Bailey, Christopher J. Ryan Jr.

SMU Law Review

Even before the spread of the COVID-19 pandemic, student loan debt—totaling over $1.64 trillion—was a cause for concern, as it is the second largest source of consumer debt in the United States, trailing only mortgage debt. And like collateralized mortgage debt, there is a market for collateralized student debt. Student loan asset-backed securities (SLABS) are the securitized form of student loan debt, repackaged as a marketable financial instrument. As with any investment vehicle, asset-backed securities like SLABS come with risk, particularly when borrowers default on their loans or have their debt discharged through bankruptcy proceedings. However, historically, SLABS have been …

Front Matter

SMU Law Review

No abstract provided.

Apologia: A Non-Retirement Tribute To Professor Peter Winship, My Smu Law Colleague Of Over Four Decades, Joseph J. Norton

SMU Law Review

No abstract provided.

What Is Nonmarriage?, Katharine K. Baker

SMU Law Review

As rates of cohabitation rise, and marriage becomes a status reserved almost exclusively for socio-economic elites, the scholarly calls for family law to recognize more nonmarital families grow stronger by the day. This Article unpacks contemporary proposals to recognize more nonmarital families and juxtaposes those proposals with family law’s contemporary marital regime. Family law’s status-based system provides a mostly simple and efficient means of distributing resources at the end of a marriage by imposing a formulaic, but distinctly communitarian, non-market-based approach to obligation, entitlement, and value. In full, the Article defends family law’s status-based system for what it does well, …

Off On A Technicality: The Proper Remedy For Improper Venue, Chris Thomson

SMU Law Review

Since its introduction to the public discourse, lawyers have admonished the pejorative phrase, “off on a technicality”—and rightfully so. However, the phrase may rightfully find application to the law’s present treatment of criminal defendants who have been convicted in improper venues. Although venue is a constitutionally necessary component of all criminal prosecutions, it does not speak to the factual guilt or innocence of a defendant. Nevertheless, in the Fifth and Eighth Circuits, defendants whose convictions stem from improper venue may be acquitted despite a jury’s finding that they committed each substantive element of the underlying offense. By contrast, the Sixth …

Accountability For Sexual Assault Aboard Airplanes: An Analysis Of The Need For Reporting Requirements At 35,000 Feet, Madison L. George

Journal of Air Law and Commerce

Currently, airlines have no legal duty to report an in-flight sexual assault to law enforcement. This lack of a duty to report hinders investigations, prevents victims from receiving closure, and imposes additional liability on air carriers. This Comment suggests imposing a mandatory and uniform reporting requirement on commercial airlines. This requirement would better assist travelers and help limit airlines’ liability for in-flight sexual assault.

By examining the purposes and policies of other mandated reporting laws, it is apparent that the airline industry is an apt place to instill a duty to report. Requiring airlines to report in- flight sexual assault …