Southern Law Journal

Articles from Vol. 24, No. 1, Spring

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...
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...
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...
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...
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...
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...
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...