Southern Law Journal

Articles

Vol. 24, No. 1, Spring

Arbitration Agreements, Expanded Judicial Review, and Preemption - Hall Street Associates and NAFTA Traders, Inc. - a National Debate with International Implications
I. INTRODUCTIONOn May 13, 2011, the Texas Supreme Court, in construing the Texas Arbitration Act, rejected the U. S. Supreme Court's analysis in Hall Street Associates, L.L.C. v. Mattel, Inc} At issue was whether the parties may by agreement expand judicial...
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The Squiggly Line: When Should Individual Choices Be Protected from Employment Discrimination?
I. INTRODUCTIONReligion, pregnancy, smoking, criminal conduct, personal appearance, sexual orientation, and gender identity - they are all, to some extent, individual choices. When should employers be permitted to discriminate in employment decisions...
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Trade Secret Misappropriation in Texas
Many companies doing business in Texas often choose to protect certain business information as trade secrets rather than use other forms of intellectual property protection. Unfortunately, these companies must be constantly vigilant to ensure their trade...
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Amendments to the Americans with Disabilities Act: How Will It Change Judicial Consideration of Employees' Claims of Discrimination?
I. INTRODUCTIONWhen the Americans with Disabilities Act (ADA) was passed in 1990, it was heralded as landmark legislation for persons with disabilities. In signing the bill, then President George H.W. Bush remarked that the Act "signals the end to the...
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The Role of Courts and Judges According to Contemporary Libertarians
I. INTRODUCTIONArguably, the two most influential libertarians of the twentieth century were Ayn Rand and Milton Friedman. Rand and Friedman disagreed on the appropriate activities for government in general and the legal system in particular. Both described...
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Congress Kickstarts Securities Laws to Jumpstart the Economy: The Jobs Act Awaits Sec Implementation
I. INTRODUCTIONSecurities fraud is as American as apple pie.* 1 Preventing securities fraud has been a priority of federal and state governments since before the 1929 stock market crash.2 The Securities Act of 19333 (the Securities Act) and the Securities...
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Promises to Keep? Coaches Tubby Smith, Jimmy Williams and Lessons Learned in 2012
I. INTRODUCTIONContract law principles have remained relatively constant and stable for centuries, including fundamentals such as the implied duty of good faith when bargaining and freedom of contract generally.* 1 One of the fundamental principles in...
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Vol. 23, Fall

The Debate over Replacing the Present Income Tax with an Alternative Tax Structure
I. IntroductionThere is an ongoing debate about whether the United States should switch from its present progressive income tax structure to a consumption tax or a hybrid income tax, and whether the tax structure chosen should be a flat tax (all taxpayers...
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What Students and Independent Inventors Need to Know about the America Invents Act
I. IntroductionAccording to a survey by the Young Invincibles, a group that focuses on youth entrepreneurship, fifty-four percent of U.S. 18-to-34 year olds are interested in starting a business or have already done so.1 Therefore, it is fairly common...
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Eminent Domain in Oil and Gas: Tax Treatment When a Pipeline Devalues Surrounding Property
I. IntroductionThe United States currently has more than 1.8 million miles1 of underground natural gas pipeline and 160,000 miles2 of underground oil pipeline in place to move oil and gas minerals from production sites to processing locations and ultimate...
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Intellectual Property Issues Arising from Business Ideas Generated by Undergraduate Students
A decision from the United States Supreme Court in the summer of 2011 and the passage of the America Invents Act late the same year demonstrate the continued interest of courts and lawmakers in determining the contours of intellectual property protections....
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Taxation of Same-Sex Couples: Fair or Unfair?
I. General TaxationA. Congressional Power to TaxArticle 1, Section 8 of the United States Constitution provides: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises ... ; but all Duties, Imposts and Excises shall be uniform...
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Compliance Program Auditing: The Growing Need to Insure That Compliance Programs Themselves Comply
I. IntroductionCompliance with applicable laws and regulations has always been a concern of business ventures. Historically, internal or external legal counsel provided guidance, usually on a case by case basis. Over recent history, compliance efforts...
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Business Organizations in the 21st Century: A Look at New Legal Forms for Business That Enhance Social Enterprise
It is not the strongest of the species that survive, nor the most intelligent, but the ones most responsive to change}I. IntroductionChange is difficult, but necessary and valuable, to progress. The 21st Century has brought many changes, including a...
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Vol. 23, Spring

From the Editor's Desk . .
The SLJ Submission Policies and the SLJ Style Sheet can be found at our website: www.southernlawjounal.com. If you plan to submit, please follow the SLJ Style Sheet closely. Although it is expected that most SLJ articles will be presented at the SALSB...
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Electronic Snoops, Spies, and Supervisory Surveillance in the Workplace
I. INTRODUCTIONEmployees are spending an ever-increasing amount of time using computers, cell phones, tablets and other communication devices as part of their work-related activities. Unfortunately, the use of advanced communications systems, the proliferation...
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Unauthorized Televised Debate Footage in Political Campaign Advertising: Fair Use and the Dmca
I. IntroductionIn recent years television networks which air political campaign debates have attempted to enforce their copyright protection by denying the use of debate footage in subsequent campaign advertising. Although some campaigns have complied...
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What Constitutes a Trade Secret in Texas?
In many areas of the law Texans like to do things their own particular way. Trade secret law is no exception. While the majority of states have adopted the Uniform Trade Secrets Act into their legislation, Texas continues to follow the common law approach...
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Direct Interstate Wine Shipments: Commerce Clause and Regulatory Chaos for Small Wineries
I. INTRODUCTIONImagine that you're out with friends or that special someone on a Saturday enjoying a glass of wine at the new local winery. You see an interesting flavor and decide to give it a try. It tastes wonderful and you know it'll make the perfect...
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Constitutionality of the Alabama Immigration Law under the Beason-Hammon Alabama Taxpayer and Citizen Protection Act: The Case of United States V. Alabama
On June 2, 2011, the Alabama Legislature approved the BeasonHammon Alabama Taxpayer and Citizen Protection Act,3 and Governor Robert Bentley signed it into law on June 9, 201 1. The Alabama Legislature argued that the presence of undocumented immigrants...
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Snyder V. Phelps: A Cautiously Outrageous Protest
I. IntroductionIn Snyder v. Phelps,1 the United States Supreme Court, in a 8-1 decision authored by Chief Justice Roberts, upheld the First Amendment right of the Westboro Baptist Church and its members to picket the military funeral of Marine Lance...
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Vol. 22, No. 2, Fall

From the Editor's Desk . .
The SLJ Submission Policies and the SLJ Style Sheet can be found at our website: www.southernlawjounal.com. If you plan to submit, please follow the SLJ Style Sheet closely. Although it is expected that most SLJ articles will be presented at the SALSB...
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A Standard of Reasonableness: Constraining Mandatory Arbitration Clauses in Employment Agreements
I. INTRODUCTIONThe Supreme Court recently reaffirmed its commitment to honoring arbitration clauses found in employment agreements. In Rent-A-Center v. Jackson,1 the Court reiterated its belief that arbitration agreements in the employment context should...
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Does the Securities Exemption to the Class Action Fairness Act Create Too Much Uncertainty?
I. INTRODUCTIONIn 1995, Congress passed the Private Securities Litigation Reform Act (PSLRA)1. The primary justification of the PSLRA was to prevent abusive class-action securities litigation. The main form of abuse that Congress intended to prevent...
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Dischargeable or Not Dischargeable: Does an Intentional Breach of Contract Fall within Willful and Malicious under Section 523(a)(6) of the Bankruptcy Code?
I. INTRODUCTIONEven though a decade has passed since the Supreme Court decided the case of Kawaauhau v. Geiger,1 confusion still exists between the various federal jurisdictions as to the meaning of willful and malicious under § 523(a)(6) of the Bankruptcy...
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I See What You Did There: The Use of Social Networks to Gather Evidence
I. INTRODUCTIONA prompt and thorough factual investigation is key to successfully prosecuting or defending a claim. Indeed, such an investigation can bring clarity to confounding events and contradictory testimony and thereby prevent claims from ripening...
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Conflicted Research: Medical Scientists on the Payroll
i. introductionThe purpose of this case is to explore the recent and eye-opening revelations of pervasive conflicts of interest throughout the United States medical industry, and to provide a framework within which the revelations can be examined and...
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A House Divided: The Incompatible Positions of the Centers for Disease Control and the Equal Employment Opportunity Commission on Obesity as a Disability
The Centers for Disease Control and Prevention (CDC) is an arm of the Department of Health and Human Services,1 with a $10.8 billion budget for 20 ll2 and approximately 10,400 employees. According to its website, the mission of the CDC is: "Collaborating...
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Vol. 22, No. 1, Spring

From the Editor's Desk . .
The SLJ Submission Policies and the SLJ Style Sheet can be found at our website: www.southernlawiounal.com. If you plan to submit, please follow the SLJ Style Sheet closely. Although it is expected that most SLJ articles will be presented at the SALSB...
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Legislating "Nice": Analysis and Assessment of Proposed Workplace Bullying Prohibitions
While it may be immoral and unprofessional, it is not universally illegal in the United States for managers to threaten, insult, humiliate, ignore or mock employees. Nor is it illegal to gossip and spread rumors, withhold information, to take credit...
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Congress Proposes, the Supreme Court Disposes: Is There Room for Courts to Subvert the Will of Congress after the Adaa Act Broadens the Definition of Disability?
I. INTRODUCTIONCongress passed the Americans with Disabilities Act of 1990 (ADA) with broad bipartisan support amid cheers from disability rights groups. As time passed, the Supreme Court handed down several decisions that left those same groups largely...
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Reverse Payments in the Pharmaceutical Industry: Finding the Right Prescription
I. INTRODUCTIONEscalating prescription drug prices and the resulting impact on consumers have placed the costs associated with pharmaceutical medicines into the forefront of public consciousness. Political candidates, lobbyists, media personalities,...
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The Hijab and the Kufi: Employer Rights to Convey Their Business Image versus Employee Rights to Religious Expression
I. INTRODUCTIONIn August of 2010, the Storyteller's Café in Disney's Grand Californian Hotel & Spa repeatedly sent a hostess home without pay. Her offense was her refusal to remove her hijab, a head scarf worn by some Muslim women. Eventually Disney...
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Who Is That Masked Man: Should Anonymous Posters to Newspaper Websites Be Unmasked?
I. INTRODUCTIONA variety of cases have considered the privacy rights of anonymous posters on newspaper websites. Do the First Amendment or state shield laws defeat a subpoena demanding the names of these individuals? There are several competing considerations....
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Americans with Disabilities Act and E-Commerce: Target Corporation and Beyond
I. INTRODUCTIONPresident George H. W. Bush signed the Americans with Disabilities Act (ADA) into law in 1990. At the time of enactment, Congress stated in its findings that forty-three million Americans "have one or more physical or mental disabilities,...
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Split-Dollar Life Insurance Arrangements: A Tax Minimization Strategy Whose Time Has Returned
I. IntroductionA split-dollar life insurance arrangement (split-dollar arrangement) is a contract between a donor and a donee who share in the costs and benefits of a life insurance policy.1 Prior to 2003, a split dollar arrangement was a method of dividing...
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