Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

Southern Methodist University

2018

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 160

Full-Text Articles in Law

Yelp’S Review Filtering Algorithm, Yao Yao, Ivelin Angelov, Jack Rasmus-Vorrath, Mooyoung Lee, Daniel W. Engels Aug 2018

Yelp’S Review Filtering Algorithm, Yao Yao, Ivelin Angelov, Jack Rasmus-Vorrath, Mooyoung Lee, Daniel W. Engels

SMU Data Science Review

In this paper, we present an analysis of features influencing Yelp's proprietary review filtering algorithm. Classifying or misclassifying reviews as recommended or non-recommended affects average ratings, consumer decisions, and ultimately, business revenue. Our analysis involves systematically sampling and scraping Yelp restaurant reviews. Features are extracted from review metadata and engineered from metrics and scores generated using text classifiers and sentiment analysis. The coefficients of a multivariate logistic regression model were interpreted as quantifications of the relative importance of features in classifying reviews as recommended or non-recommended. The model classified review recommendations with an accuracy of 78%. We found that reviews …


The Criminal Justice System And Latinos In An Emerging Latino Area, Betina Cutaia Wilkinson Aug 2018

The Criminal Justice System And Latinos In An Emerging Latino Area, Betina Cutaia Wilkinson

Latino Public Policy

The topic of my study is Latinos’ attitudes and experiences with the criminal justice system in an emerging Latino area. There is an extensive amount of research on African Americans’ experiences and views of the criminal justice system yet our knowledge of Latinos’ experiences with the criminal justice system is quite scant. Still, a few studies have provided some foundation for our understanding of this topic. We know that immigrant policing is associated with Latinos’ reduced trust in government agencies and its programs (Cruz Nichols et al. 2018a). Restrictive immigration policies negatively impact Latinos’ physical and mental health (Cruz Nichols …


Case Study: Using Crime Data And Open Source Data To Design A Police Patrol Area, Brent Allen Jul 2018

Case Study: Using Crime Data And Open Source Data To Design A Police Patrol Area, Brent Allen

SMU Data Science Review

This case study examines how to use existing crime data augmented with open source data to design a patrol area. We used the a demand signal of "calls for service" vice reports which summarize calls for service. Additionally, we augmented our existing data with traffic data from Google Maps. Traffic delays did not correspond to traffic incidents reported in the area examined. These data were plotted geographically to aid in the determination of the new patrol area. The new patrol area was created around natural geographic boundaries, the density of calls for service and police operational experience.


A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker May 2018

A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.

For the sake of abolishing slavery, the Thirteenth Amendment says:

(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

(Section 2) Congress shall have power to enforce this article by …


Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli Apr 2018

Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli

Latino Public Policy

In the summer of 2014, unprecedented numbers of unaccompanied minors fleeing violence in El Salvador, Guatemala and Honduras arrived in the U.S. seeking refuge. Current U.S. immigration law affords certain legal protections to children who migrate alone from non-contiguous countries, allowing them to be initially admitted to the U.S. To avoid deportation and remain in the country long-term, however, they must successfully apply for humanitarian relief from deportation. This interview-based study traces these children’s experiences navigating this legal process and interacting with different branches of the US immigration bureaucracy.


Front Matter Feb 2018

Front Matter

SMU Law Review

No abstract provided.


Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker Jan 2018

Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker

Perkins Faculty Research and Special Events

This MLK Jr-inspired ecotheology [eco-theology] connects “economics,” “ecology,” and “ecological civilization” to the theological ethics of Rev. Dr. Martin Luther King Jr.

Though we often remember King primarily as a domestic civil rights leader; attention to King’s book—Where Do We Go from Here: Chaos or Community? (1967) reveals that he advanced a global ethics. King called for replacing recourse to war with nonviolent resistance to evil, and for abolishing poverty throughout “the world house.” He prescribed that we “civilize ourselves by the total, direct and immediate abolition of poverty.” King was concerned with civilizing “the world house” (house …


Front Matter Jan 2018

Front Matter

SMU Science and Technology Law Review

No abstract provided.


Scraping The Bottom Of The Barrel: Why It Is No Surprise That Data Scrapers Can Have Access To Public Profiles On Linkedin, Marissa Boulanger Jan 2018

Scraping The Bottom Of The Barrel: Why It Is No Surprise That Data Scrapers Can Have Access To Public Profiles On Linkedin, Marissa Boulanger

SMU Science and Technology Law Review

No abstract provided.


Border Enforcement And Civil Rights Along The Texas-Mexico Border, Esther Reyes Jan 2018

Border Enforcement And Civil Rights Along The Texas-Mexico Border, Esther Reyes

Latino Public Policy

Over the past two decades, spending on enforcement along the southwestern border of the United States has expanded dramatically. The annual budget of the U.S. Border Patrol, increased from $400 million in fiscal year 1994 to $3.8 billion in fiscal year 2017. During this period, the number of Border Patrol agents stationed along the U.S.Mexico border grew by nearly 450 percent, from 3,747 to over 16,605 agents. Meanwhile, apprehensions of unauthorized migrants along the U.S.-Mexico border declined from 979,101 in 1994 to 303,916 in 2017.

These expansions and the accompanying declines in immigrant populations and apprehensions have raised concerns about …


Arbitration, John Allen Chalk Jan 2018

Arbitration, John Allen Chalk

SMU Annual Texas Survey

No abstract provided.


Wills & Trusts, Gerry Beyer Jan 2018

Wills & Trusts, Gerry Beyer

SMU Annual Texas Survey

No abstract provided.


The Quad (The 2018 Alumni Magazine), Southern Methodist University, Dedman School Of Law Jan 2018

The Quad (The 2018 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating our young alumni with the Inaugural Emerging Leader Board
• SMU Dedman School of Law's decorated military veterans have fought for justice - and for country
• Technology, Innovation, and Law: Designing Legal Apps


Protection Of Regulatory Autonomy And Investor Obligations: Latest Trends In Investment Treaty Design, Klara Polackova Van Der Ploeg Jan 2018

Protection Of Regulatory Autonomy And Investor Obligations: Latest Trends In Investment Treaty Design, Klara Polackova Van Der Ploeg

The International Lawyer

No abstract provided.


Your Bank May Be An International Terrorist: The Inconsistent Application Of Tort Law Principles To Financial Services Under The Anti-Terrorism Act, Elizabeth Walsh Pittman Jan 2018

Your Bank May Be An International Terrorist: The Inconsistent Application Of Tort Law Principles To Financial Services Under The Anti-Terrorism Act, Elizabeth Walsh Pittman

The International Lawyer

No abstract provided.


The Future Legal Management Of Mass Migration, Jack I. Garvey Jan 2018

The Future Legal Management Of Mass Migration, Jack I. Garvey

The International Lawyer

No abstract provided.


Family Law, Anna K. Teller, Donald E. Teller Jr. Jan 2018

Family Law, Anna K. Teller, Donald E. Teller Jr.

SMU Annual Texas Survey

No abstract provided.


The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde Jan 2018

The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde

The International Lawyer

No abstract provided.


Joseph Webb Mcknight (Obituary Originally Printed In The Magdalen College Record), William Bridge, Gregory Ivy Jan 2018

Joseph Webb Mcknight (Obituary Originally Printed In The Magdalen College Record), William Bridge, Gregory Ivy

SMU Law Review

No abstract provided.


Second Amendment: D.C. Circuit Court Creates Split On The Constitutionality Of Good-Reason Laws, Madeleine Giese Jan 2018

Second Amendment: D.C. Circuit Court Creates Split On The Constitutionality Of Good-Reason Laws, Madeleine Giese

SMU Law Review

No abstract provided.


Constructive Ambiguity And Judicial Development Of Insider Trading, Jill E. Fisch Jan 2018

Constructive Ambiguity And Judicial Development Of Insider Trading, Jill E. Fisch

SMU Law Review

The Texas Gulf Sulphur decision began what has become a fifty-year project of developing U.S. insider trading regulation through judicial law- making. During the course of that project, the courts developed a complex, fraud-based approach to determining the scope of liability. The approach has led, in many cases, to doctrinal uncertainty, a result that is reflected in the recent decisions in Newman, Salman, and Martoma.

In the face of this uncertainty, many commentators have called for a legislative solution. This article argues, however, that the true challenge of insider trading regulation is a lack of consensus about the appropriate scope …


Texas Gulf Sulphur And The Genesis Of Corporate Liability Under Rule 10b-5, Adam C. Pritchard, Robert Thompson Jan 2018

Texas Gulf Sulphur And The Genesis Of Corporate Liability Under Rule 10b-5, Adam C. Pritchard, Robert Thompson

SMU Law Review

This Essay explores the seminal role played by SEC v. Texas Gulf Sulphur Co. in establishing Rule 10b-5’s use to create a remedy against corporations for misstatements made by their officers. The question of the corporation’s liability for private damages loomed large for the Second Circuit judges in Texas Gulf Sulphur, even though that question was not directly at issue in an SEC action for injunctive relief. The judges considered both, construing narrowly “in connection with the purchase or sale of any security,” and the requisite state of mind required for violating Rule 10b-5. We explore the choices of the …


A Texas Two-Step In The Right Direction—Looking Beyond Recent Legislation To Improve The Provision Of Special Education Services In Texas, Taylor Michals Jan 2018

A Texas Two-Step In The Right Direction—Looking Beyond Recent Legislation To Improve The Provision Of Special Education Services In Texas, Taylor Michals

SMU Law Review

This article analyzes the current state of the special education system in Texas following the 85th Legislative Session, focusing on the practical and legal implications of the limitation imposed by the Texas Education Agency in 2004 before analyzing Senate Bill 160, which requires Texas to remove the limitation on special education services, and its future impact on special education in Texas. Additionally, this article addresses Senate Bill 927, which outlined a plan to ensure that students who were previously denied services receive an adequate evaluation, why the legislation failed, and potential remedies for students who have been negatively impacted by …


The Duty To Disobey Illegal Nuclear Strike Orders, Anthony J. Colangelo Jan 2018

The Duty To Disobey Illegal Nuclear Strike Orders, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Article argues there is a legal duty to disobey illegal nuclear strike orders. Failure to carry out this duty may result in criminal and civil liability.Because nuclear weapons are quantitatively and qualitatively different from conventional weapons, typical legal calculations regulating their use under the laws of war or humanitarian law, as well as human rights law, change along with the change in weaponry. At least five “unique characteristics” of nuclear weapons ominously distinguish them from conventional weapons in ways that promise only to increase civilian death and suffering. First, quantitatively, the blast power, heat, and energy generated far outstrip …


The Coasian Firm And Insider Trading, Revisited, James C. Spindler Jan 2018

The Coasian Firm And Insider Trading, Revisited, James C. Spindler

SMU Law Review

I present an economic model of insider trading building upon Haddock & Macey’s classic analysis of trading by the manager of a Coasian firm (i.e., a firm in which agency costs do not exist). Due to current shareholders’ status as expected sellers of shares, Coasian insider trading allows shareholders to expropriate outsiders via the managerial proxy and any signaling value of insider trading is eliminated by shareholders’ biased incentives. Adverse selection results. If a system of credible disclosure exists, an insider trading ban results in more disclosure, more efficient prices, and lower illiquidity costs. While the case for insider trading …


International Law And Extraterritoriality: Brief Of International And Extraterritorial Law Scholars As Amici Curiae (U.S. V. Microsoft), Anthony J. Colangelo, Austen L. Parrish Jan 2018

International Law And Extraterritoriality: Brief Of International And Extraterritorial Law Scholars As Amici Curiae (U.S. V. Microsoft), Anthony J. Colangelo, Austen L. Parrish

Faculty Journal Articles and Book Chapters

Written by international and extraterritorial law scholars, the attached amicus brief was submitted in the U.S. v. Microsoft case. That case involves whether Congress, when it enacted the Stored Communications Act, intended to provide federal and local law enforcement authority to unilaterally seize the private email communications of foreign citizens stored abroad.

The amicus brief explains how the Charming Betsy canon and the law of extraterritoriality are part of a well-defined body of law the U.S. Supreme Court has developed for determining how American law applies abroad. These doctrines exist independently: one aims to avoid unsanctioned violations of international law. …


Energy Market And Policy Revolutions: Regulatory Process And The Cost Of Capital, James W. Coleman Jan 2018

Energy Market And Policy Revolutions: Regulatory Process And The Cost Of Capital, James W. Coleman

Faculty Journal Articles and Book Chapters

As the world embarks on a transition toward a low-carbon economy, one common characteristic of alternatives to fossil fuels has gone surprisingly unexamined: the cost of these alternative sources is disproportionately concentrated in capital expenses, rather than operating expenses. Solar, wind, and hydro power have very low operating expenses: the cost of these power sources is largely in their construction. Even nuclear power has low fuel costs compared to fossil fuel power sources. So as the world decarbonizes the power grid and electrifies the transportation sector, capital costs will grow increasingly important in the energy sector. At the same time, …


Mutual Mistake Or Excuse: Which Approach To Pursue When Seeking Judicial Relief From Contractual Obligations On The Basis Of Supervening Knowledge?, Gregory S. Crespi Jan 2018

Mutual Mistake Or Excuse: Which Approach To Pursue When Seeking Judicial Relief From Contractual Obligations On The Basis Of Supervening Knowledge?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

When a person seeks to be relieved from their contractual obligations on the basis of supervening knowledge of a fact existing at the time of contracting that has rendered their performance impracticable or even impossible, and/or has frustrated their purpose in entering into the contract, they would appear to have choice between asserting a mutual mistake enforce-ability defense, or instead asserting one or more of the impossibility, impracticability, or frustration of purpose excuse defenses. Do they in fact have this choice, or does each of these approaches for obtaining relief have its own distinct scope of application, with little if …


Does Failure To Mitigate Damages Bar Recovery Of The Costs Of Mitigation?, Gregory S. Crespi Jan 2018

Does Failure To Mitigate Damages Bar Recovery Of The Costs Of Mitigation?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

It is well established that a person who makes reasonable efforts to mitigate her damages after a breach of contract will be able to recover the costs of those mitigation efforts as incidental damages and that a person who fails to make such efforts will be denied recovery of the damages that could have been avoided. But will a person who fails to take reasonable efforts to mitigate damages still be able to recover the probable cost of those mitigation efforts as an offset against the reduction in her damages for failure to mitigate, even though she did not incur …


Presenting A Critical Perspective On “Economic Efficiency” In Law And Economics Courses, Gregory S. Crespi Jan 2018

Presenting A Critical Perspective On “Economic Efficiency” In Law And Economics Courses, Gregory S. Crespi

SMU Law Review

“Law and Economics” courses are sometimes criticized for inadequately explaining the normative criterion of “economic efficiency” and then applying this criterion throughout the course in a superficial and biased manner that pejoratively labels most governmental market interventions and wealth redistribution measures as inefficient. These criticisms have merit, and in this article I point out a number of conceptual problems, empirical difficulties, and normative shortcomings of the economic efficiency criterion that students need to understand in order to be able to effectively counter policy arguments that rest upon dubious efficiency assessments.

The eight specific shortcomings of the economic efficiency criterion that …