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Full-Text Articles in Law

The Quad (The Summer 1998 Alumni Magazine), Southern Methodist University, School Of Law Jul 1998

The Quad (The Summer 1998 Alumni Magazine), Southern Methodist University, School Of Law

The Quad (Law Alumni Magazine), 1988-present

• New Dean Says SMU Ready to Become the Global Law School of the South• Noblin Named Assistant Dean
• Christopher Hanna Wins Don Smart Award


Karl Llewellyn In Rome, Peter Winship Jan 1998

Karl Llewellyn In Rome, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.


Towards An International Financial Centre For Greater China: Hong Kong And Infrastructural Reform, Joseph J. Norton Jan 1998

Towards An International Financial Centre For Greater China: Hong Kong And Infrastructural Reform, Joseph J. Norton

Faculty Journal Articles and Book Chapters

No abstract provided.


Ranking The Environmental Law, Natural Resources Law, Gregory S. Crespi Jan 1998

Ranking The Environmental Law, Natural Resources Law, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.


African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez Jan 1998

African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez

Faculty Journal Articles and Book Chapters

Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the African-American/Latino relationship. With this in mind, the author discusses two important questions posed by the organizers of this panel: (1) How is the relationship between African-Americans and Latinos affected by the construction of race? and (2) Can Critical Race Theory benefit by a consideration of the race …


Treatment Alternatives For The Dying Patient: Medical Ethics And The Law, Thomas Wm. Mayo, Robert L. Fine Jan 1998

Treatment Alternatives For The Dying Patient: Medical Ethics And The Law, Thomas Wm. Mayo, Robert L. Fine

Faculty Journal Articles and Book Chapters

No abstract provided.


Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr. Jan 1998

Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

The decision of the Court of Appeals for the Fifth Circuit in Hopwood v. Texas sent shock waves through the academic community with its holding that the Equal Protection Clause of the Fourteenth Amendment prohibited the University of Texas Law School from taking account of race as a factor in its admissions process. In the course of invalidating certain procedures employed by the law school, the Fifth Circuit concluded that Justice Powell's influential opinion in Regents of the University of California v. Bakke, which recognized the pursuit of diversity in higher education as a compelling state interest, had never constituted …


Dispute Resolution And The Treaty Of Guadalupe Hidalgo: Parallels And Possible Lessons For Dispute Resolution Under Nafta, George A. Martinez Jan 1998

Dispute Resolution And The Treaty Of Guadalupe Hidalgo: Parallels And Possible Lessons For Dispute Resolution Under Nafta, George A. Martinez

Faculty Journal Articles and Book Chapters

This article seeks to briefly discuss the experience of Mexicans and their Mexican-American heirs in litigating their rights under the Treaty of Guadalupe Hidalgo. It seeks to ask whether there may be any parallels and possible lessons to be learned from the litigation experience of Mexican claimants under the earlier Treaty for the NAFTA parties - especially Mexico - as the NAFTA parties engage in dispute resolution.

Part II of this article sets out the background of the Treaty, including a brief review of the United States-Mexican War. It describes the terms of the Treaty and observes that Mexico had …


Exploring The Complicationist Gambit: An Austrian Approach To The Economic Analysis Of Law, Gregory S. Crespi Jan 1998

Exploring The Complicationist Gambit: An Austrian Approach To The Economic Analysis Of Law, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.


Initial Thoughts On Classifying The Major Japanese Business Entities Under The Check-The-Box Regulations, Christopher H. Hanna Jan 1998

Initial Thoughts On Classifying The Major Japanese Business Entities Under The Check-The-Box Regulations, Christopher H. Hanna

SMU Law Review

No abstract provided.


Foreword: Theory, Practice, And Clinical Legal Education, George A. Martinez Jan 1998

Foreword: Theory, Practice, And Clinical Legal Education, George A. Martinez

SMU Law Review

No abstract provided.


Epilogue: Theory In The Basement, Maureen N. Armour, Mary B. Spector Jan 1998

Epilogue: Theory In The Basement, Maureen N. Armour, Mary B. Spector

SMU Law Review

No abstract provided.


The Power And The Process: Instructions And The Civil Jury, Elizabeth G. Thornburg Jan 1998

The Power And The Process: Instructions And The Civil Jury, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

The form of the court's charge to the jury affects power relationships among judge and jury, trial and appellate courts, and plaintiffs and defendants. It also influences the role of the jury and the content of the underlying substantive law. Under current federal law, trial judges have virtually complete discretion in making decision about jury charge format, despite the important implications of that decision. This article demonstrates, by using examples, the ways in which the form of the jury charge can make a difference. It then argues that the general charge should remain the norm. This is true first for …


International Commercial Transactions: 1997, Peter Winship Jan 1998

International Commercial Transactions: 1997, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.