Law Commons^™

Naftthe Road To Free Trade: Chilean Accession, James E. Etri

Law and Business Review of the Americas

No abstract provided.

Canadian Bank Act And Its Implementation Under The Nafta, Michelle Brown Berziel

Law and Business Review of the Americas

No abstract provided.

Development Of Inter-State Cooperation In The Asia Pacific Region: Considerations For Regional Trade Compacts, Yoshi Kodama

Law and Business Review of the Americas

No abstract provided.

The Mexican Peso Crisis: Implications For The Regulation Of Financial Markets, Douglas W. Arner

Law and Business Review of the Americas

No abstract provided.

Front Matter

Law and Business Review of the Americas

No abstract provided.

The Board Against All Odds: Assessing The Powers Of Delegated Management In Brazil, Alexandre Edde Diniz De Oliveira

Law and Business Review of the Americas

This article aims to analyze the contractual allocation of decision-making power to the board of directors in Brazilian public companies. Unlike U.S. law, Brazil's corporate statute bestows original and supreme decision-making power to the shareholders' meeting in running of the firm, while reserving a comparatively ancillary role to the board. At the same time, however, the statute permits shareholders to delegate part of these powers to the board through charter provisions. Whether or not parties take advantage of private ordering to empower the board is of great interest given the changing normative framework applicable to Brazil's capital markets over the …

The International Harmonization Of Competition Norms And Brazilian Competition Law: The Use Of Settlement Agreements, Kathryn Mcmahon

Law and Business Review of the Americas

Unlike many other emerging and developing countries where competition laws have only recently been enacted, Brazil has had a long history of the application of competition laws and policies, culminating in its most recent legislative reforms in 2011. Brazilian competition agencies are also internationally commended as a success story, particularly for their strong stance against, and criminalization of, cartel activity. But there are also emerging difficulties. In recent years, the Brazilian constitutional courts have become important sites of social change as they adjudicate in areas such as health, telecommunications, and financial markets. There have been comparatively fewer applications for judicial …

Uas: Understanding The Airspace Of States, Stephen Migala

Journal of Air Law and Commerce

On August 29, 2016, regulations issued by the Federal Aviation Administration (FAA) went into effect that, for the first time in history, apply only to airspace below 500 feet. At the same time, in response to concerns over privacy and security, and the FAA’s delay in issuing these regulations, several states passed their own laws restricting drones. Simply put, these laws are on a collision course. The majority of commentators believe these state laws will be federally preempted, but they are most likely wrong. Very little attention has been paid to the strong argument that the FAA may not have …

The Warsaw Convention: When Falling Is Not An “Accident”, Courtney Luster

Journal of Air Law and Commerce

No abstract provided.

The Epa’S Endangerment Finding On Aircraft Greenhouse Gas Emissions: A Preliminary Analysis, Katherine A. Bechina, John C. Nettels, Brett A. Shanks

Journal of Air Law and Commerce

No abstract provided.

Air Traffic Control In The United States: Is Privatization The Path Back To The Top?, Lindsey Rattikin

Journal of Air Law and Commerce

No abstract provided.

Alternative Dispute Resolution, Will Pryor

SMU Annual Texas Survey

No abstract provided.

Applying A Federal Standard Of Care In Aviation Product Liability Actions, Lauren Lacey Haertlein, Justin T. Barkowski

Journal of Air Law and Commerce

No abstract provided.

The Eurozone Debt Crisis And The European Banking Union: Hard Choices, Intolerable Dilemmas, And The Question Of Sovereignty, Emilios Avgouleas, Douglas W. Arner

The International Lawyer

No abstract provided.

Cross-Border Insolvency In The U.S. And U.K.: Conflicting Approaches To Defining The Locus Of A Debtor's Center Of Main Interests, Bryan Rochelle

The International Lawyer

No abstract provided.

Ordering The Cosmos: Private Law And Celestial Property Rights, Alexander W. Salter

Journal of Air Law and Commerce

The Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 (SPACE Act) aims to promote wealth creation by guaranteeing protection of U.S. citizens’ property rights to celestial resources. But there are serious concerns that government protection of space property claims are incompatible with international law. This article proposes a purely private legal system for space commerce as an alternative to government-defined and enforced property rights. Economic theory shows how property rights and rules for adjudicating disputes can be self-enforcing. Economic history shows that such a system has worked well for centuries in international trade. A private legal commercial order for …

Small Satellite Legal Issues, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

De Facto Amendment Of A Faa Regulation By Non-Regulatory Interpretation: Unintended Consequences Of Faa Suggestions On How To Comply With The Flight Review Requirement, Michael L. Shakman

Journal of Air Law and Commerce

No abstract provided.

Who Owns The Moon, Mars, And Other Celestial Bodies: Lunar Jurisprudence In Corpus Juris Spatialis, Dennison A. Butler

Journal of Air Law and Commerce

No abstract provided.

Sharing The Skies: The Legal State Of “Flight-Sharing” After Flytenow And Current Regulatory Issues With Lyfting The Sharing Economy Off The Ground, Alexander P. Cohen

Journal of Air Law and Commerce

No abstract provided.

The Rise Of The Drones: Framework And Governance— Why Risk It!, Sarah J. Fox Dr

Journal of Air Law and Commerce

Some seventy-one years ago, it was found that drones could play a role within our society. While the military was quick to realize this and develop the technology, it is only recently that the civilian application is being explored en masse. That said, given this prediction and the military direction, legislators find themselves now unprepared for the civilian use and market potential. However, this is not an unprecedented situation; the civil aviation (manned) market has often shown an inability to work together, be prepared, and cooperate. As a consequence, there has been fragmentation and, arguably, casualties associated with such lethargy. …

From Blockbuster To Mobile Apps—Video Privacy Protection Act Of 1988 Continues To Protect The Digital Citizen, Ann Stehling

SMU Law Review

No abstract provided.

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda D. Jellum, Moses M. Tincher

SMU Law Review

Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC’s enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, litigants contended that the SEC realized a significant home-court advantage. For example, the Wall Street Journal …

Front Matter

SMU Law Review

No abstract provided.

Are Validation Notices Valid? An Empirical Evaluation Of Consumer Understanding Of Debt Collection Validation Notices, Jeff Sovern, Kate E. Walton

SMU Law Review

A principal protection against the collection of consumer debts that are not actually owed is the Fair Debt Collection Practices Act’s (FDCPA) validation notice, which obliges debt collectors demanding payment to notify consumers of their rights to dispute debts and request verification, among other things. This Article reports on the first public study of whether consumers understand the notices or what they take away from them. For nearly four decades, courts have decided whether validation notices satisfied the FDCPA without ever knowing when or if consumers understand the notices. This Article attempts to remedy that problem.

Collectors who prefer that …

Free Speech, The Search For Truth, And The Problem Of Collective Knowledge, Frederick Schauer

SMU Law Review

No abstract provided.

The High Cost Of Free-To-Play Games: Consumer Protection In The New Digital Playground, Erik Allison

SMU Law Review

No abstract provided.

The Social Origins Of Innovation Failures, Laura Pedraza-Farina

SMU Law Review

This Article identifies and describes a crucial source of innovation failure— linked not to the market but to the structure of social relations that underlie market transactions—that this Article terms social network innovation failures. This source of innovation failure, however, has been obscured by two assumptions in traditional market failure models of innovation. First, market failure models frequently assume that public, non-secret knowledge (or information) will flow freely among communities of innovators and be put to its optimal use. Second, market failure models pay little attention to how good ideas emerge, assuming that good ideas will follow from investment in …

When Fingerprints Are Key: Reinstating Privacy To The Privilege Against Self-Incrimination In Light Of Fingerprint Encryption In Smartphones, Efren Lemus

SMU Law Review

No abstract provided.

The Carried Interest Standoff: Reaffirming Executive Agency Authority, Dean Galaro, Gregory S. Crespi

SMU Law Review

This Article argues that, if reform is necessary, carried interest taxation should be amended by agency rulemaking and not by Congress. Much has already been said about carried interest, but this Article attempts to look through a new lens—legislative history. Carried interest presents a complicated question about the application of foundational partnership tax principles. It is an issue that has received popular attention only within the last decade. Since then, the face of reform has been efforts in Congress to pass an overly complex bill—Section 710. By looking back through the legislative history of carried interest, we begin to see …