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Articles 1 - 19 of 19
Full-Text Articles in Law
The Federal Circuit And The Patent Trial And Appeal Board, David O. Taylor
The Federal Circuit And The Patent Trial And Appeal Board, David O. Taylor
Faculty Journal Articles and Book Chapters
The U.S. Court of Appeals for the Federal Circuit holds a unique and powerful position in the patent system. It exercises exclusive jurisdiction over appeals in patent cases, which, short of Supreme Court intervention, empowers the court to set national patent law. But since passage of the America Invents Act, at least with respect to resolving often multimillion dollar disputes over patent validity, there is another, more powerful government institution: the Patent Trial and Appeal Board. Given its significant new power over disputes regarding patent validity, the Patent Trial and Appeal Board has been the subject of numerous disputes resolved …
The "Divisive Concepts" Laws And Americans Of Asian Descent, Ilhyung Lee
The "Divisive Concepts" Laws And Americans Of Asian Descent, Ilhyung Lee
SMU Law Review Forum
In the past year, a number of states have enacted laws that prohibit public schools from teaching certain lessons about race. The main target of these laws appears to be “critical race theory,” once a theory advanced in legal academia that has now become a “catchall term” for discussions of race and racism. The states mean business and seek to enforce their new or proposed laws by prohibiting state funding for teaching the banned content, withholding funding to local educational agencies or schools in violation, subjecting offending teachers to disciplinary action, and allowing those aggrieved to bring an action at …
Ending Injustice: Solving The Initial Appearance Crisis, Pamela R. Metzger, Janet C. Hoeffel, Kristin Meeks, Sandra Sidi
Ending Injustice: Solving The Initial Appearance Crisis, Pamela R. Metzger, Janet C. Hoeffel, Kristin Meeks, Sandra Sidi
Deason Criminal Justice Reform Center
Most Americans expect that if they are arrested, they will quickly appear before a judge, learn about the charges, and have an attorney assigned to defend them. The reality is vastly different. After arrest, a person can wait in jail for days, weeks, or even months before seeing a judge or meeting an attorney. This report chronicles the resulting initial appearance crisis and highlights its devastating consequences. More importantly, it provides policymakers and advocates with actionable recommendations.
The Texas Legislature Has Significantly Broadened The Statute Governing Recovery Of Attorney's Fees In Breach Of Contract Cases, Gregory Scott Crespi, West Menefee Bakke
The Texas Legislature Has Significantly Broadened The Statute Governing Recovery Of Attorney's Fees In Breach Of Contract Cases, Gregory Scott Crespi, West Menefee Bakke
SMU Law Review Forum
Texas recently enacted amendments that significantly expand the scope of section 38.001 of the Texas Civil Practice & Remedies Code, a statute that awards attorney’s fees to successful claimants in breach of contract cases. Under the new amendments, which take effect September 1, 2021, the prevailing party may recover reasonable attorney’s fees from most forms of business organizations, including partnerships and limited liability companies—not just from individuals and corporations, as the statute previously provided. And although there has been some confusion on this point, the amended statute continues to protect governments and governmental agencies from attorney’s fees liability. Additionally, the …
Time’S Up: A Call To Eradicate Ncaa Monopsony Through Federal Legislation, Ashley Jo Zaccagnini
Time’S Up: A Call To Eradicate Ncaa Monopsony Through Federal Legislation, Ashley Jo Zaccagnini
SMU Law Review Forum
Few traditions are as near and dear to the hearts of Americans as college athletics. The institution holds a special place in society because it reflects the ultimate convergence of those values that uniquely define the United States: loyalty, competitiveness, and pride. However, the notion of basic fairness seems to have been excluded along the way, as the commercialization of college athletics gave way to total dominance over the industry by the National Collegiate Athletic Association (NCAA). The NCAA promulgates sports rules and organizes collegiate-level championships, but its most influential role involves promoting “amateurism,” or the notion that student-athletes are …
Abolishing The Communications Decency Act Might Sanitize “Politically Biased,” “Digitally Polluted” And “Dangerously Toxic” Social Media? ― Judicial And Statistical Guidance From Federal-Preemption, Safe-Harbor And Rights-Preservation Decisions, Willy E. Rice
SMU Science and Technology Law Review
Sitting and former U.S. Presidents as well as members of the general public, financial, political and educational institutions use social media. Yet, an overwhelming majority of users, content creators, parents, “conservatives,” “progressives,” Democrats and Republicans distrust social-media owners. Some critics allege that owners “digitally pollute” platforms by encouraging users to post “corrosive, dangerous, toxic and illegal content.” Other critics assert that service providers’ purportedly objective content-moderation algorithms are biased ― discriminating irrationally on the basis of users’ political association, ideology, socioeconomic status, gender and ethnicity. Republicans and Democrats have crafted roughly twenty bills. In theory, the enacted proposals would “sanitize” …
Dead On Arrival: A Call For Legislative Action With Respect To State And Federal Laws Surrounding Cryonics, Gage Taylor
Dead On Arrival: A Call For Legislative Action With Respect To State And Federal Laws Surrounding Cryonics, Gage Taylor
SMU Science and Technology Law Review
No abstract provided.
From Protecting Water Quality To Protecting States’ Rights: Fifty Years Of Supreme Court Clean Water Act Statutory Interpretation, Stephen Johnson
From Protecting Water Quality To Protecting States’ Rights: Fifty Years Of Supreme Court Clean Water Act Statutory Interpretation, Stephen Johnson
SMU Law Review
In 1972, a bipartisan Congress enacted the Clean Water Act “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Almost fifty years have passed since Congress enacted the law, and during that time, the Supreme Court has played a significant role in the administration and evolution of the law. Since the dawn of the environmental era in the 1970s, the Supreme Court has heard more cases involving the Clean Water Act than any other environmental law. However, the manner in which the Court has analyzed the law has changed substantially over the last half century. …
Law, Race, And The Epistemology Of Ignorance, George A. Martinez
Law, Race, And The Epistemology Of Ignorance, George A. Martinez
Faculty Journal Articles and Book Chapters
Philosophers and other theorists have developed the field of epistemology which is the study of human knowledge. Critical race theorists have begun to explore how epistemological theory and insights may illuminate the study of race, including the analysis of race and the law. Such use of epistemology is appropriate because theoretical work on knowledge can be used to advance one of the key goals of critical race theory which is to understand how a regime of white supremacy and its subordination of people of color have been created and maintained in America. In this regard, philosophers and other theorists have …
Preventing Drunk Flying: A Legislative Solution, John Sivils
Preventing Drunk Flying: A Legislative Solution, John Sivils
Journal of Air Law and Commerce
Drunk flying poses a serious safety risk to airline passengers. The current system of detecting pilot intoxication and preventing drunk flying relies on the vigilance of coworkers, and statutes prohibiting “operating” an airplane while intoxicated. Courts have stretched the meaning of “operating” to criminalize pre-flight conduct, such as fueling and visual airplane checks. When viewed in conjunction with courts’ inconsistent and varied application of preemption doctrine to federal and state regulations of flying, it is evident that courts are tightening control over flight and pre-flight activities through complex judicial interpretation of facially simple statutes. This Article scrutinizes this approach through …
Recent Developments In Aviation Law, Justin V. Lee
Recent Developments In Aviation Law, Justin V. Lee
Journal of Air Law and Commerce
No abstract provided.
Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu
Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu
The International Lawyer
This article summarizes important developments in 2014 in customs law, including U.S. judicial decisions, trade, legislative, administrative, and executive developments, as well as Canadian and European legal developments.
Mexico, T. Matthew Hansen, Eduardo Isaias Riviera Rodriguez, Alonso Gonzalez-Villalobos, Paulina Aguilar Cervantes, Michell Nader, Jose Sifuentes, Garardo Calderon-Villegas, Isaac Shefer, Stefano De Luca, Maria Cadelaria Pelayo Torres, Evangelina Flores Preciado, Alicia Vicente Rodriguez, Maria Erika Cardenas Briseno, Juan Pablo Venegas Contreras
Mexico, T. Matthew Hansen, Eduardo Isaias Riviera Rodriguez, Alonso Gonzalez-Villalobos, Paulina Aguilar Cervantes, Michell Nader, Jose Sifuentes, Garardo Calderon-Villegas, Isaac Shefer, Stefano De Luca, Maria Cadelaria Pelayo Torres, Evangelina Flores Preciado, Alicia Vicente Rodriguez, Maria Erika Cardenas Briseno, Juan Pablo Venegas Contreras
The International Lawyer
No abstract provided.
Protecting American Innovators By Combating The Decline Of Patents Granted To Small Entities, W. Keith Robinson
Protecting American Innovators By Combating The Decline Of Patents Granted To Small Entities, W. Keith Robinson
Faculty Journal Articles and Book Chapters
The new patent laws and recent economic trends indicate that there is a difficult time ahead for small entities. American entrepreneurs and small businesses have created several of the major technological innovations in the past forty years. However, statistics indicate that patents granted to small entities have declined. In the wake of this trend, the U.S. Patent system has undergone significant changes. Currently, the United States Patent and Trademark Office (“USPTO”) is in the process of implementing the policies and procedures outlined in its five-year strategic plan. Further, the Leahy-Smith America Invents Act (“AIA”), the largest patent reform law since …
The Incredible Shrinking Antitrust Law And The Antitrust Gap, C. Paul Rogers Iii.
The Incredible Shrinking Antitrust Law And The Antitrust Gap, C. Paul Rogers Iii.
Faculty Journal Articles and Book Chapters
Substantive antitrust law has dramatically shrunk. The shrinkage, which began in the 1970s with the transition from the Warren Court to the Burger and then Rehnquist Courts, has accelerated in the last decade. Much of the shrinkage has to do with the expansion of the rule of reason and its displacement of per se rules. The Supreme Court has gone so far as to state that it "presumptively" applies the rule of reason while per se illegality is limited to a "narrow category of activity." This article considers the impact of modem antitrust law on the gap that is the …
The Proposed Texas Assignment Of Rents Act: A Legislative Escape From The Common Law Morass, Julia Patterson Forrester Rogers
The Proposed Texas Assignment Of Rents Act: A Legislative Escape From The Common Law Morass, Julia Patterson Forrester Rogers
Faculty Journal Articles and Book Chapters
When a loan is secured by a mortgage or deed of trust on an income-producing property, such as an office building, shopping center, or apartment complex, rents are a significant part of the security for the loan, in addition to the land and improvements.Rents provide the funds necessary to pay for operating and maintaining the mortgaged property and to make payments on the mortgage loan.After a default on the mortgage loan, a borrower, facing the possibility of losing the property to foreclosure, may apply rents to purposes unrelated to the property or the mortgage loan. The lender, on the other …
Current And Potential Methods To Undermine A Competitor’S U.S. Patent Application, W. Keith Robinson, M. Haq
Current And Potential Methods To Undermine A Competitor’S U.S. Patent Application, W. Keith Robinson, M. Haq
Faculty Journal Articles and Book Chapters
The current PTO procedures provide a few choices for a third party to influence the prosecution of a competitors patent application prior to issuance. In the case of protests and public use hearings, the third party may submit documents and explain their relevancy, but must know of the application’s existence prior to publication in order to meet the timeliness requirement. In the case of third-party submissions, the third party has a short two-month window post-publication, but cannot explain the relevancy of the documents submitted. In each case, the time frame within which a third party can act is extremely limited. …
The African-American Child Welfare Act: A Legal Redress For African-American Disproportionality In Child Protection Cases, Jessica Dixon Weaver
The African-American Child Welfare Act: A Legal Redress For African-American Disproportionality In Child Protection Cases, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
This article proposes a radical change in the way African-American children and families are handled within the legal system when abuse and neglect are at issue. African-American disproportionality in child protection cases is significant for the United States because documentation shows that African-American children are overrepresented in the child welfare system in forty-eight states, although research shows that there is no difference in the occurrence of child abuse and neglect among the races. The first part of the article presents an overview of disproportionality by presenting the national statistics and research, revealing where racial bias and disparate treatment occurs within …
Foreword: Nonfinancial Barriers To Health Care, Thomas Wm. Mayo
Foreword: Nonfinancial Barriers To Health Care, Thomas Wm. Mayo
Faculty Journal Articles and Book Chapters
Health care policy traditionally has been seen as a three-legged stool. Three interdependent variables-cost, quality, and access-have largely defined the domain of health policy. Ignore one of the variables, and the stool topples. It is not surprising, therefore, that health care policymakers have tended to view the problem of access to health care resources primarily in economic terms. Economic analysis of the access problem is useful because it gives policymakers a common methodology, vocabulary, and set of analytical tools that provide insights into the related problems of cost containment and quality, as well as the access issue. This in turn …