Law Commons^™

The Wirecard Accounting Scandal In Germany, And How The Financial Industry Failed To Spot It, Thomas M.J. Möllers

The International Lawyer

No abstract provided.

Arbitration Clauses In Intellectual Property Contracts: Past, Precedence, And Future, Julien Chaisse, A. Marisport

The International Lawyer

No abstract provided.

The Court Is In Recession: On The Implications Of The Covid-19 Pandemic For Indigent Defense Spending, Andrew L. B. Davies, Victoria M. Smiegocki, Hannah E. Hall

Other Publications

What is the likely effect of the recession brought on by the COVID-19 pandemic on indigent defense budgets in the United States? To look forward, we look backward. We examine data on county-level spending on indigent defense in Texas during the Great Recession of 2007–2009. Redistributive policies—those which use taxpayer funds to support individuals who themselves pay little or no tax—are particularly susceptible to cuts during times of fiscal stress. Yet our analysis shows indigent defense policy, measured in terms of spending and access to counsel rates, was generally stable through the Great Recession years, even in counties hit hardest. …

The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan Alford

The International Lawyer

No abstract provided.

Regulatory Technology (Regtech) - Construction Of A New Regulatory Policy And Model, G. A. Walker

The International Lawyer

No abstract provided.

Are U.S.-Listed Chinese Firms A Minefield? A Board Perspective

The International Lawyer

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Will Harmful Interference Bring Gps Down?, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

Book Review: Introduction To Aviation Law By Timothy M. Ravich, Paul S. Dempsey

Journal of Air Law and Commerce

No abstract provided.

Turbulence Ahead: Why The First Domestic Aircraft Carbon Emissions Regulations Are A Danger To Climate Protection, Taylor Williams

Journal of Air Law and Commerce

Reducing emission levels from transportation is one of the most vital steps in combating climate change, but domestic aircraft were not subject to this kind of regulation until recently. In July 2020, the Environmental Protection Agency (EPA) proposed the first carbon emission standards for airplanes. While this regulatory move appears to be progress for protecting the environment, it locked in current emissions levels for years to come. The overwhelming majority of aircraft models are already 6% more efficient than the new standard requires them to be. The rule highlights the tension between industry considerations and environmental justice.

This Comment seeks …

Tribute To Charles Alford Tarpley, Don G. Rushing

Journal of Air Law and Commerce

No abstract provided.

Hello Don, This Is Charles, Donald R. Andersen

Journal of Air Law and Commerce

No abstract provided.

A Tribute To Charles A. Tarpley: Mentor, Friend, Aviator, Lawyer, And Gentle Man, James D. Struble

Journal of Air Law and Commerce

No abstract provided.

Profit Or Safety: Where Is Outer Space Headed?, Paul B. Larsen

Journal of Air Law and Commerce

The space powers (the U.S., the European Space Agency (ESA), China, and Russia) are now preparing national space traffic regimes with insufficient regard for the Outer Space Treaty’s (OST) agreed “Principles Governing the Activities of States in Exploration and Use of Outer Space.” The rapidly growing traffic of satellites, resulting in space debris, and the scarcity of radio frequencies and related orbits create obvious dangerous situations. States, including the U.S., agreed in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) on twenty-one Guidelines for Long-Term Sustainability of Space, some of which relate to space traffic management …

“A Defendant’S Paradise”: Failings Of The Brooke Group Test In The Airline And E-Commerce Industries, Kaitlyn Thorson

Journal of Air Law and Commerce

No abstract provided.

Trump’S Twitter Tension: Is Social Media A Modern Restriction On Government Employees?, Caylee Phillips

SMU Science and Technology Law Review

No abstract provided.

A Nono From Coco: The Contentious Relationship Between Luxury Brands And Resale, Caylee Phillips

SMU Science and Technology Law Review

No abstract provided.

Bankruptcy, Honorable Harlin D. Hale, Grayson W. Williams

SMU Annual Texas Survey

This article is a survey of relevant developments in bankruptcy law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

Franchise Law, Deborah S. Coldwell, Sally L. Dahlstrom, Taylor Rex Robertson, Wes Dutton, Samuel Mallick

SMU Annual Texas Survey

This article is a survey of the relevant developments in franchise law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

Professional Liability, Chelsea Glover, Sven Stricker, Stephanie Assi

SMU Annual Texas Survey

This article is a survey of the relevant developments in professional liability law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

Real Property, J. Richard White, Amanda Grainger

SMU Annual Texas Survey

This article is a survey of the relevant developments in real property law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Mary Claire Cranford, Christopher Neal

SMU Annual Texas Survey

This article is a survey of the relevant developments in partnership law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, Honorable Douglas S. Lang

SMU Annual Texas Survey

This article is a survey of the relevant developments in Texas’s mandamus jurisprudence from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

Securities Regulation, Bill Banowsky, Jessica Magee

SMU Annual Texas Survey

This article is a survey of the relevant developments in securities regulation law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

Wills & Trusts, Gerry W. Beyer

SMU Annual Texas Survey

This article is a survey of the relevant developments in law of wills and trusts from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

On The Broadness Of The Fourth Amendment, Janine Kim

SMU Law Review

This Article considers the role of property rights in defining Fourth Amendment searches. Since United States v. Jones in 2012, the Supreme Court has relied on both privacy and property to determine whether a Fourth Amendment search has occurred. But recently, many of the Justices have expressed increasing skepticism about not only the effectiveness but also the appropriateness of safeguarding privacy. The 2018 case of Carpenter v. United States, which ruled that an individual’s cell site location information is protected under the Fourth Amendment, saw all four dissenters urging a larger role for property rights in the analysis of a …

Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow

SMU Law Review

Employers impose coercive dispute resolution terms on their employees more frequently, more broadly, and with greater legal success than ever before. Recent survey data indicates that mandatory employment arbitration provisions bind more than 60 million American workers—over half of the U.S. private-sector nonunion workforce. Employment class action waivers bind nearly 25 million American workers. In 2018, the Supreme Court held 5–4 that mandatory arbitration provisions and class action waivers imposed by employers on their employees do not violate the National Labor Relations Act. These terms prohibit employees from exposing employer wrongdoing in open court, bar employees with valid wage and …

Barring Immoral Speech In Patent And Copyright, Ned Snow

SMU Law Review

In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment preclude Congress from denying patent or copyright protection based on a moral reason? Congress, for instance, might deny patent protection for inventions directed toward the consumption of marijuana. Inventors would accordingly choose not to disclose knowledge about those inventions to the public, and the denial would chill their speech. Similarly, Congress would chill speech if it denied copyright protection for moral reasons. …

Using Extrinsic Evidence To Excuse A Liability Insurer’S Duty To Defend, Douglas R. Richmond

SMU Law Review

Most Americans and American businesses purchase liability insurance to protect against financial loss should they ever be sued. In furnishing this protection, liability insurers contractually promise policyholders that they will defend them against lawsuits seeking covered damages and indemnify them for such damages up to the policy limits. As important as the insurer’s promise of indemnification is to an insured, the insurer’s agreement to defend the insured in litigation is an equally essential aspect of the liability insurance bargain. An insurer must decide whether it has a duty to defend its insured at the outset of a case. There are …

Tribute To Professor Roy Anderson, Timothy Davis

SMU Law Review

No abstract provided.