Southern Law Journal

Articles

Vol. 27, No. 2, Fall

Learning to Learn: Using an Embedded Librarian to Develop Web-Based Legal Information Literacy for the Business Student
I. INTRODUCTIONThe emergence of new technology has changed the way students acquire information, especially for the millennial generation. The millennial generation, those born between 1980 and 2004, make up the largest cohort in history at more than...
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Disabled Employee or Just a Jerk? +
I. INTRODUCTIONMatthew Weaving was a police officer whose employment was terminated following severe interpersonal problems with other police department employees.1 Weaving contended that the interpersonal problems resulted from his attention deficit...
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Statutory Changes in Partnership Tax Audits and the Resulting Need for Changes in Partnership Agreements
I. INTRODUCTIONIn November, 2015, Congress repealed the Tax Equity and Fiscal Responsibility Act of 19821 (TEFRA) partnership audit rules and provided new partnership audit rules (also applicable to Limited Liability Companies (LLC) electing to be taxed...
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Business School Alumni Perspectives on the Need for Legal Studies
I. INTRODUCTIONLaw professors who teach in schools of business (hereinafter referred to as "legal studies faculty") have continually been forced to serve as advocates for their own presence in the business academy.1 This is despite the fact that white...
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Political Ideology as a Proxy for Disparate Impact Discrimination
I. INTRODUCTIONOver time, Congress has enacted several statutes to prevent discrimination in the workplace. The seminal piece of legislation is the Civil Rights Act of 1964 (The Civil Rights Act).1 Title VII of the Civil Rights Act mandates that there...
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Creating Social Media Law Projects to Sensitize Business Students to Appropriate Digital Conduct
I. INTRODUCTIONIt takes 20 years to build a reputation and five minutes to ruin it.- Warren BuffettEach day, the world experiences the beauty and the bluster of social media. For example, when we learned about the death of music legend David Bowie,1...
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Bringing the Drama of the Law into Your Classroom with Student-Led Case Presentations
I. INTRODUCTIONIt never fails to grab students' attention when their fellow students are role-playing an actual legal case. Using the materials in this article, you can experience the excitement and valuable learning opportunities fostered by this student...
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Vol. 27, No. 1, 2017

Title Vii: Historical Perspective on the First Fifty Years
I. INTRODUCTIONJuly 2, 2014 marked the fiftieth anniversary of the enactment of the Civil Rights Act of 1964. This article examines four specific areas of that law and how each has evolved through amendments, regulatory guidelines, and precedent set...
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Prohibiting Gray Market Prescription Drugs: The Ethical Dimensions
I. INTRODUCTIONThis paper deals with the ethical implications of the gray market for prescription drugs in the United States. It focuses on attempts by people and states to reduce the high cost of domestic prescription drugs by importing or re-importing...
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Recent Trends in Punitive Damages Jurisprudence: Are Excessive Awards Galloping Away, or Are Courts Acting in Good Faith to Rein Them In?
I. INTRODUCTIONFor years this court generally, and I personally, have struggled to apply Gore and Campbell faithfully to the cases before us. This case represents but one of the many problems that have cropped up in the seven years since the court decided...
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Changing the Burden of Proof in Willful Fbar Violation Cases?
I. GENERALA. The Offshore Tax "Loophole"In recent years, the Internal Revenue Service (the "Service") has become increasingly convinced that it is losing out on billions of dollars in tax revenue due to U.S. citizens "hiding" money in bank accounts in...
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Supreme Court "Majoritizing": What Justice O'connor and Justice Kennedy Can Tell Us about the near Future
I. INTRODUCTIONThe number five is one of the most important numbers in the United States: the number of votes needed for a majority on the United States Supreme Court. Few justices in recent history have more frequently been, or are more adept at becoming...
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Tax Considerations Affecting Divorce
I. INTRODUCTIONIn a rational separation or divorce (as opposed to a vindictive one), maximizing the net after tax value of business and non-business assets benefits both parties. Asset transfers and payments from one party to the other should be designed...
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How the Sec Makes Rules by Proxy with Sarbanes-Oxley and Coso 2.0: A Pedagogical Note
I. INTRODUCTIONCurrent business law textbooks oversimplify instruction of administrative law, giving students a misleading picture of how agency rules are made. This oversimplification mischaracterizes systemic realities that future business leaders...
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Status-Blind Harassment and the Faragher Model: A Comprehensive Managerial Response to Workplace Bullying +
I.IntroductionThe newly-published study on Workplace Harassment and Morbidity Among US Adults ("Study") provides the long-awaited impetus for reconceptualizing our managerial and legal responses to an issue that is both prevalent and "associated with...
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Walker V. Texas-Division, Sons of Confederate Veterans, Inc.: Specialty License Plates, Confederate Flags, and Government Speech
I. INTRODUCTIONIn a previous article1 this author traced the history of the government speech doctrine from the time it first appeared in a concurring decision in Columbia Broadcasting System, Inc. v. Democratic National Committee,2 to its prominent...
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"Chipping" in for Consumer Protection or Chipping Away at Small Business?
Credit card fraud is, and has been, a major concern for quite some time. Nowhere is this truer than in the United States. Roughly half of all credit card fraud across the globe occurs in the U.S., where only about one fourth of the world's credit card...
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Vol. 26, No. 2, 2016

The L3c Movement: A Case of Contrary Motion
I.INTRODUCTIONRecently social entrepreneurship, an innovative movement, has emerged that has been defined as "organizations whose primary purpose is to serve the common good, and whose strategy applies business disciplines and marketbased strategies...
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A Fortress Made of Clouds: Copyright Law, the Computer Fraud and Abuse Act, and Cloud Computing
I. IntroductionCopyright is the legal expression of our society's notion of the ideal, or at least sufficiently balanced, relationship between owners and consumers. Several elements of this model rest upon a presumption of physicality. The Computer Fraud...
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Burwell V. Hobby Lobby Stores, Inc.: Lots of Smoke, but No Fire
I. IntroductionIn Burwell v. Hobby Lobby Stores, Inc.,1 the U.S. Supreme Court decided that the United States Department of Health and Human Services' (HHS) requirement that closely held corporations provide health-insurance coverage for methods of contraception,...
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Starbucks, Trademark Law and the Exit 6 Incident
According to the results of a study conducted by the Pew Research Center, lawyers contribute little to society.1 Collective attitudes towards attorneys are often encapsulated in popular clichés, such as "What do you call 10,000 lawyers at the bottom...
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The Price of Citizenship? How a Cake Baker and Wedding Photographer Paid the Price
I. INTRODUCTIONIn Elane Photography, LLC v. Willock, Justice Bosson, in his special concurring opinion, indicated that tolerance and compromise in the beliefs held by Americans is an important "glue" to our nation.1 Justice Bosson went on to say that...
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Worker Characterization in a Gig Economy Viewed through an Uber Centric Lens
The ubiquitous presence of the Internet and social web applications have given rise to new opportunities for free-lance workers. Identified by various names, one such identification as gig-economy has been a coined phrase to describe interactions wherein...
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Employee Privacy outside the Workplace
I.Introduction1The right to privacy is recognized in this country as one of the fundamental rights of all people.2 Nevertheless, in an age of satellite surveillance, video cameras, position tracking, communication monitoring, and electronic surveillance,...
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Vol. 26, No. 1, Spring

State Antitrust Immunity: Deconstructing the Parker Doctrine +
I. INTRODUCTIONThe antitrust laws were enacted in the "Robber Baron" era in an effort to assure a more competitive national economy by barring various unreasonable restraints of trade. Over time a number of activities were exempted from antitrust coverage,...
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A Taxing Process: Whistleblowing under the I.R.S. Reward Program
Stories about former banker Bradley Birkenfeld exploded in media outlets around the world in September, 2012, when reports circulated Birkenfeld was awarded a $104 million Internal Revenue Service ("1RS") whistleblower payout. The reward was believed...
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Closing the Laches: Does the Split Decision in the Raging Bull Case Finally Bring Some Consistency to the Doctrine of Laches in Copyright Infringement?
INTRODUCTIONThis article addresses the 2014 Supreme Court decision, Petrella v. Metro Goldwyn Mayor, Inc. In 2009, Paula Petrella sued MGM for copyright infringement claiming that her deceased father, Frank, wrote the screenplay that was made into the...
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A Critical Examination of the Individual Mandate and Business Mandate Provisions of the Affordable Care Act
I. Introduction1The Patient Protection and Affordable Care Act (PPACA)2, and the Health Care and Education and Reconciliation Act of 2010' (HCERA) (collectively the PPACA and HCERA are referred to as the ACA) constitute a major effort to use the tax...
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Too Fat for Me: Obesity Discrimination in Employment
I. INTRODUCTION"You can have hcr; I don't want her. She's too fat for me!" These were the words of a popular song in 1938; it probably was not intended to be hurtful, just funny. But "too fat for me" is not funny anymore. Obesity among the population...
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Thwarting the Structural and Individualized Issues of Mediation: The Formalized Reflective Approach
I. INTRODUCTIONMediation's legacy as a prime technique for dispute resolution crosses the boundaries of cultures and societies over time.1 Even today, mediation continues its legacy as a primary form of Alternative Dispute Resolution (ADR) in the United...
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Vol. 25, No. 2, 2015

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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The Legal Applicability of State Medical Marijuana Laws on Employers and Employees
"[M]ore than half of the states in the country have enacted laws that somewhat or fully protect adults who use marijuana. With this political sea change have come new challenges, not just for dispensary owners and marijuana advocates, but for everyone...
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Gamechange: Cord Cutters, Technology, and the Legalities of the Race to Replace Cable
I. INTRODUCTIONTechnology has changed the entertainment landscape since the advent of widespread Internet-based distribution networks such as Netflix in 2008.1 Cord Cutters, or entertainment consumers who no longer use traditional cable or satellite...
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Olive Branch or Bribe: A Contentious Future Looms for Neutrality Agreements under the Labor Management Relations Act
I. INTRODUCTIONSince the 1980s, certification elections in the private sector have dropped precipitously1 while union membership has correspondingly plummeted.2 Under the National Labor Relations Act (NLRA),3 a union requires the signatures of 30% of...
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The Application of the Fair Debt Collection Practices Act to Condominium Assessments
"Somehow I think that Adams, Jefferson and Madison must be turning over in their graves at the thought that the federal government is regulating such a local activity as the collecting of condominium association dues between the homeowner and the association."1I....
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Rule 37(e): The End of Discovery or the Beginning of Justice?
I. INTRODUCTIONFederal Rule of Civil Procedure 37(e)1, passed in 2006, presently provides for safe harbor when inadvertent, good-faith mistakes are made in the discovery process. There is a proposed change to this safe-harbor rule that would not allow...
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Impact of the Americans with Disabilities Act Accommodations Act on School-Based Food Allergy Management
I. INTRODUCTIONAlthough the cause remains unclear, research shows an increase over the past twenty years in the number of children suffering from food allergies.1 From 1997 to 2007 alone, the number of children with food allergies increased by 18%.2...
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Launching Your Business Law Course with an "Awesome First Day!"
What can match the excitement of the first day of class? Just picture it - each student with his/her new notebook, sharpened pencil and bright-eyed enthusiasm for what's to come. It's true that in place of a notebook and pencil, students these days come...
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Vol. 25, No. 1, Spring

SORRELL V. IMS HEALTH INC.: SOWING MISCHIEF IN COMMERCIAL SPEECH PROTECTION+
I. INTRODUCTIONIn Sorrell v. IMS Health Inc.,1 the U.S. Supreme Court in a six to three decision ruled Vermont's Prescription Confidentiality Law ("PCL")2 violated the First Amendment protections accorded commercial speech.3 PCL prohibited the sale,...
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The Employer's Conundrum of Firearms and Parking Lots
[A]according to the Bureau of Labor Statistics, between 1997 and 2010, there were a total of 8,666 occupational homicides, of which 1,512 involved a work associate killing a coworker or former coworker (n = 894), or a customer or client (n = 618), followed...
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Tracking Off-Campus Speech: Can Public Schools Monitor Students' Social Media?
The U.S Supreme Court first articulated guidelines that govern student free speech rights in the landmark 1969 case, Tinker v. Des Moines Independent Community School District} The Court in Tinker held that public school officials may discipline students...
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Critical Timing Issues with Respect to Workplace Investigations: What Would the U.S. Supreme Court Say?
I. INTRODUCTIONMany court decisions have addressed issues surrounding discriminatory harassment in the workplace. These decisions have given employers broad commands, but very few specific guidelines for meeting their court-derived obligations. While...
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The Elimination of the Department of Defense Ground Combat Exclusion Rule May Be the Key to Invalidating Two Bfoq Defenses
I. INTRODUCTIONTitle VII of the Civil Rights Act of 1964 expressly prohibits employers from discriminating against potential employees on the basis of race, color, religion, sex, or nationalorigin.* 1 In choosing between candidates who are equally qualified...
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Help! an Avatar Stole My Right of Publicity
Many video games use the likenesses of individuals to provide an element of realism to the games. This is especially true in video games in a sports setting. In games such as NCAA Football and NCAA Basketball, both developed and distributed by EA Sports,...
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Social Media Employment Policy and the Nlrb: Uniform State Laws as a Solution?
I. INTRODUCTIONThe modem advent of electronic social media plays a huge and increasing role in all areas of employment relations both as a means of personal employee communication, group communication, customer/stakeholder information, and as a tool...
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Civilian Commercial Drones Are Coming; Are We Ready?
I. INTRODUCTIONIn early December of 2013, Jeff Bezos, the CEO of Amazon.com (Amazon), announced that the company was testing a new delivery system called Prime Air.* 1 Prime Air would consist of propeller driven drones2 that could deliver packages within...
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Vol. 24, No. 2, Fall

Dodd-Frank's Conflict Minerals Rule: The Tin Ear of Government-Business Regulation
From 2007-2012 the United States encountered its longest and deepest economic recession since the 1930's. Most analysts attribute the economic contraction's proximate cause to a systemic meltdown in the national and world financial markets. This occurred...
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Expanding Protection for Whistleblowers under Federal Employment Laws: A Primer on Retaliation
I. IntroductionRetaliation is a claim that can be made by an individual under a number of employment laws in which the individual employee claims that he or she was punished by the employer for having engaged in statutory protected activity. These protected...
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Business Organization Legal Issues Arising from Ideas Generated by University Students
Many universities and schools of business offer courses that require students to start an on-campus business, write a business plan, or similar activities. This paper considers how state laws related to business organizations may have application to...
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Affirmative Action: A Schizophrenic History
I. The Background of Affirmative ActionAffirmative Action is usually, but incorrectly, traced to Executive Order 11246 signed into law by President Lyndon Johnson on September 24, 1965.1 As originally phrased, Executive Order 11246 forbade employment...
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Stolen Valor: Lies, Deception and the First Amendment
I. IntroductionIn United States v. Alvarez,l the U.S. Supreme Court decided that the Stolen Valor Act of 2005, which makes it a crime to falsely claim receipt of military medals or decorations2 and provides an enhanced penalty for offenses involving...
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Kiobel V. Royal Dutch Petroleum Co.: Radical Revision or Original Intent of the Alien Tort Statute
I. IntroductionOn April 17, 2013, in Kiobel v. Royal Dutch Petroleum Co.,1 the U.S. Supreme Court, in a unanimous decision authored by Chief Justice Roberts, issued an important opinion limiting the scope of claims that can be brought under the Alien...
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CRITICAL THINKING AND THE McDONALD'S HOT COFFEE CASE: A PEDAGOGICAL NOTE
This year marks the twentieth anniversary of the now legendary case of Liebeck v. McDonald's Restaurants} A basic sketch of the case is well known. A jury awarded an elderly woman a large sum of money for damages she incurred as a result of spilling...
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A Survey of State Copyright Law
I. IntroductionState legislatures and Congress have enacted numerous anti-piracy copyright statutes protecting sound recordings. Technological developments in the early 1970s made duplication of sound recordings both easy and inexpensive,1 allowing record...
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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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Medical Marijuana and Employment Discrimination
I. IntroductionOver 400,000 people are currently using marijuana for medical purposes.1 In most cases, state law permits the use. Even though state law permits the use of marijuana for medical purposes, the use of marijuana for any purpose is still prohibited...
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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

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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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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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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