Law Commons^™

Issue Classing--The Express Checkout Of Class Actions, Shaquille Grant

SMU Law Review Forum

No abstract provided.

Online Threats: The Dire Need For A Reboot In True Threats Jurisprudence, John Sivils

SMU Law Review Forum

No abstract provided.

Developing A Law School Course On Presidential Impeachment, Gregory S. Crespi

SMU Law Review Forum

This short essay discusses my motivation for and the process that I went through over the past two years developing a law school course on Presidential Impeachment and related topics. I recommend that those law school faculty members who may have only a modest constitutional law background, but who feel as I do that more sustained discussion of the questions that would be presented by an attempt to remove President Trump from office through impeachment are called for, consider also developing and offering such a course.

I found that through reading a few accessible books and supervising a handful of …

Should Good People Be Doctors? A Comment On Paul Butler And Anonymous, Richard Delgado

SMU Law Review Forum

No abstract provided.

Overwriting And Under-Deciding: Addressing The Roberts Court's Shrinking Docket, Meg Penrose

SMU Law Review Forum

No abstract provided.

The Rise Of The Viewpoint-Discrimination Principle, Lackland H. Bloom Jr.

SMU Law Review Forum

The Supreme Court’s freedom-of-speech jurisprudence is complicated. There are few hard and fast rules. One is that judicially-imposed prior restraints on speech are hardly ever permissible. In recent years, another hard and fast rule appears to have developed. It is that the government may never prohibit speech simply on account of its viewpoint. It remains unclear whether this is a per se prohibition or whether such viewpoint-focused regulation must overcome the all but insurmountable burden of serious strict scrutiny. In any event, any governmental rule that attempts to regulate speech based on its point of view will almost certainly be …

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, The Honorable Douglas S. Lang, Rachel A. Campbell

SMU Annual Texas Survey

No abstract provided.

Bill Bridge: Professor, Mentor, Friend, Polly Rea O'Toole

SMU Law Review

No abstract provided.

Inciting, Requesting, Provoking, Or Persuading Others To Commit Crimes: The Legacy Of Schenck And Abrams In Free Speech Jurisprudence, Larry Alexander

SMU Law Review

No abstract provided.

Maureen Tribute, Michael Foreman

SMU Law Review

No abstract provided.

“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla

SMU Law Review

No abstract provided.

Tributes To Linda Eads

SMU Law Review

No abstract provided.

Letter To Linda Eads, Senator John Cornyn

SMU Law Review

No abstract provided.

A Right To Go Dark (?), David C. Gray

SMU Law Review

In 2013, reports based on documents leaked by former National Security Agency contractor Edward Snowden revealed committed efforts by federal agencies to develop and deploy data surveillance technologies. These revelations documented the ability of government agencies to monitor internet usage, read the contents of communications, and access data stored in the cloud and on personal devices. These revelations marked a turning point in the public conversation as consumers became aware of the extent to which national security and law enforcement agencies can monitor a wide range of activities in physical and virtual spaces.

The market responded. Technology companies began to …

The Plague Of Net Profits Payments: Possible Texas Solutions And Recommendations, Christopher Gambini

SMU Law Review

No abstract provided.

Delaware Law, Friend Or Foe? The Debate Surrounding Sandbagging And How Delaware’S Highest Court Should Rule On A Default Rule, Seth Cleary

SMU Law Review

No abstract provided.

Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn

SMU Law Review

Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole boards to step in to decide criminal penalties without first affording defendants lawful judicial branch sentencing proceedings and sentences. These outside-of-court punishment decisions are occurring in the cases of youthful offenders entitled to sentencing relief under Miller v. Alabama, which outlawed automatic life-without-parole sentences for children. Thus, some Miller-impacted defendants are being sentenced by parole- boards as executive …

Righting The Ship: What Courts Are Still Getting Wrong About Electronic Discovery, Tanya Pierce

SMU Law Review

What happens when law changes but courts and lawyers ignore the changes? On December 1, 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of those amendments includes a sweeping change to Rule 37(e), dealing with the availability of sanctions in federal courts for lost or destroyed electronically stored information (ESI). In the last few years, however, a number of courts have interpreted the amended rule in ways at odds with its plain language and underlying policies, and a surprising number of courts continue to ignore the amended rule altogether. This article examines those trends and …

Scoot Over: How Electric Scooters Violate The Ada And What Cities Can Do To Maintain Title Ii Compliance, Jo Ann Mazoch

SMU Law Review

No abstract provided.

Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Timothy A. Daniels, Amber D. Reece

SMU Annual Texas Survey

No abstract provided.

Criminal Procedure: Confessions, Searches, And Seizures, Elizabeth G. Rozacky, The Honorable Michael E. Keasler

SMU Annual Texas Survey

No abstract provided.

Real Property, J. Richard White, Amanda Grainger, G. Roland Love

SMU Annual Texas Survey

No abstract provided.

Bankruptcy, The Honorable Harlin D. Hale, Emma L. Persson

SMU Annual Texas Survey

No abstract provided.

Insurance Law, J. Price Collins, Blake H. Crawford, Conor J. Mccall

SMU Annual Texas Survey

No abstract provided.

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

SMU Annual Texas Survey

No abstract provided.

Intellectual Property Law, David Mccombs, Phillip B. Philbin, Brett Bostrom, Katharyn Zagorin

SMU Annual Texas Survey

No abstract provided.

Oil, Gas, And Mineral Law, Richard F. Brown

SMU Annual Texas Survey

No abstract provided.

Securities Regulation, George Lee Flint Jr.

SMU Annual Texas Survey

No abstract provided.

Professional Liability, Evan A. Kirkham, Cara D. Little, Hayden M. Baker

SMU Annual Texas Survey

No abstract provided.

Front Matter

SMU Annual Texas Survey

No abstract provided.