Most Popular Articles from the Archives...
Past issues (except those from the most recent three years), including these most popular articles, are made available by the SMU Underwood Law Library in partnership with the ABA.
Impact of Terrorism on Globalization and Vice-Versa (Volume 36, 2002)
By John F. Murphy – The title of this article sets forth its basic theme: terrorism and globalization are locked in a symbiotic relationship. Globalization has contributed greatly to the increased threat that terrorism now poses, and part of this threat is the negative impact that terrorism may have on globalization. On the other hand, globalization, if developed along sensible, policy serving lines, may lead the way to more effective steps towards combating terrorism. [...]
Governing Law Clauses Excluding Principles of Conflict of Laws (Volume 37, 2003)
By Michael Gruson – With increasing frequency, international and interstate agreements contain choice of law clauses (governing law clauses) that select a specific law but exclude the portions of those laws containing principles or rules of conflict of laws. Part I of this article will discuss how a court in the jurisdiction of the stipulated law might deal with a clause selecting the law of the forum excluding its conflict of laws rules. For example, litigation may arise in New York involving the clause "This Agreement shall be governed by and construed in accordance with the law of the State of New York without giving effect to any conflict of laws principles of such State." Part II of this article will discuss how a court might deal with a clause selecting the law of another jurisdiction excluding that jurisdiction's conflict of laws rules. For example, litigation may arise in New York involving the clause "This Agreement shall he governed by and construed in accordance with German law without giving effect to any conflict of laws principles of Germany," or litigation under the clause stipulating New York law other than its conflict of laws principles may arise in a jurisdiction other than New York. [...]
Corporate Social Responsibility in India: An Overview (Volume 43, 2009)
By Seema G. Sharma – The concept of Corporate Social Responsibility (CSR) has gained increased significance in recent years. The growing focus on CSR has changed the attitude of businesses all over the world, and India is not an exception. The concept of CSR is not new to India; historically speaking, social responsibility of companies is a well-established phenomenon in India, and the country has one of the world's richest traditions of CSR. In its oldest forms, CSR in India included the concept of corporate philanthropy and the Gandhian Trusteeship model. But the liberalization of the Indian economy in the 1990s led to a fundamental shift from the philanthropy-based model to a multistakeholder approach whereby companies are deemed responsible for all stakeholders, including financial stakeholders, employees and the community. [...]