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Full-Text Articles in Law
Loneliness In The Crowd: Why Nobody Wants Opt-Out Class Members To Assert Offensive Issue Preclusion Against Class Defendants, Antonio Gidi
Loneliness In The Crowd: Why Nobody Wants Opt-Out Class Members To Assert Offensive Issue Preclusion Against Class Defendants, Antonio Gidi
SMU Law Review
This Article addresses the ability of members who have opted out of a class action to assert offensive nonmutual issue preclusion in their individual lawsuits against the class defendant. It discusses the reasons why the use of this device, widely available to any nonparty, has been systematically denied to opt-out class members. Specifically, their interests are not protected by the traditional actors in class action litigation: neither the court, the defendant, nor the class counsel represent their concerns and interests. Against the prevailing case law, scholarship, and the American Law Institute's Principles of the Law of Aggregate Litigation, Professor Gidi …
Against Neorehabilitation, Jessica M. Eaglin
Against Neorehabilitation, Jessica M. Eaglin
SMU Law Review
In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools …
Teaching Contract Law Through Common Law Analysis: The Uci Law Experiment, Gregory S. Crespi
Teaching Contract Law Through Common Law Analysis: The Uci Law Experiment, Gregory S. Crespi
SMU Law Review
The new law school at the University of California, Irvine, is attempting to implement an innovative vision of top-tier legal education that emphasizes skills-based and experiential training. As part of that effort, the school has restructured the traditional first-year law school curriculum so that several of these courses each focus on a particular analytical method-specifically, common law analysis, statutory analysis, procedural analysis, constitutional analysis, or international legal analysis-rather than on a particular doctrinal subject matter such as contract law or torts. There are no doubt some pedagogical advantages to taking such an analytical methods-oriented instructional approach. However, I have some …
Compelled Commercial Disclosures - The D.C. Circuit Holds Graphic Warning Requirements For Tobacco Products Unconstitutional, Phillip R. Sanders
Compelled Commercial Disclosures - The D.C. Circuit Holds Graphic Warning Requirements For Tobacco Products Unconstitutional, Phillip R. Sanders
SMU Law Review
No abstract provided.
Eminent Domain - Texas Supreme Court Requires Common Carrier Pipeline Companies To Demonstrate Reasonable Expectation Of Future Public, Sam Pinkston
SMU Law Review
No abstract provided.
First Amendment Protection For Political Candidacy Of Public Employees, Ross Staine
First Amendment Protection For Political Candidacy Of Public Employees, Ross Staine
SMU Law Review
No abstract provided.
Technological Intermediaries And Freedom Of The Press, Christina M. Mulligan
Technological Intermediaries And Freedom Of The Press, Christina M. Mulligan
SMU Law Review
Recent scholarship has argued that the constitutional guarantee of freedom of the press refers to speech-disseminating technology, such as the printing press, rather than to the institutional press. This Article argues that to protect the free press rights of authors, technological intermediaries such as presses and internet and online service providers must be afforded greater protection than authors for publishing and disseminating sanctionable speech. Unless intermediaries are granted near-complete immunity, the government will be able to censor authors collaterally by threatening to punish intermediaries for authors' speech, forcing intermediaries to restrain what the government cannot directly. Specifically, this Article explores …
The Paradox Of Legal Equivalents And Scientific Equivalence: Reconciling Patent Law's Doctrine Of Equivalents With The Fda's Bioequivalence Requirement, Janet Freilich
SMU Law Review
Contrary to popular perception, generic drugs often enter the market before the patents covering their brand name counterparts have expired by making slight changes to the drug to avoid the brand name patent. These generics face a paradox: the U.S. Food and Drug Administration (FDA) requires that the generic "not show a significant difference" from the reference product, while patent law requires that the generic have "substantial differences" as compared to the reference product. The generic must be bioequivalent, but not legally equivalent, to the brand name drug. This paradox occurs frequently in the courts but has never been discussed …
Sexting: 21st-Century Statutory Rape, John K. Cornwell
Sexting: 21st-Century Statutory Rape, John K. Cornwell
SMU Law Review
The "cyberworld" in which we live has fundamentally and irrevocably changed the nature of human interaction. For many, electronic mail, texting, and social networking sites have significantly limited traditional face-to-face interaction. While the benefits of technological progress are self-evident, the ease with which people can share personal information virtually has also produced troubling byproducts. The transmission of sexually provocative images between teenagers, known colloquially as "sexting," is one such example. As suicides and other sexting-related tragedies multiply, jurisdictions coast-to-coast are searching frantically for ways to curb the practice.
Due to the harshness of existing criminal statutes, legislators have favored the …
The Immigrant And Miranda, Anjana Malhotra
The Immigrant And Miranda, Anjana Malhotra
SMU Law Review
The recent dramatic convergence of immigration and criminal law is transforming the immigration and criminal justice system. While scholars have begun to examine some of the structural implications of this convergence, this Article breaks new ground by examining judicial responses and specifically the lens of Miranda v. Arizona. This Article examines the divergent and largely aberrant approaches that federal appellate courts have taken to determine whether Miranda warnings and rights apply to custodial inquiries about immigration status that have clear criminal and civil implications. Part I of this Article discusses the distinctions between civil and criminal immigration laws and the …
Friend Or Foe: The Sixth Amendment Confrontation Clause In Post-Conviction Formal Revocation Proceedings, Esther K. Hong
Friend Or Foe: The Sixth Amendment Confrontation Clause In Post-Conviction Formal Revocation Proceedings, Esther K. Hong
SMU Law Review
No abstract provided.
Due Process - Fifth Circuit Incorrectly Holds School Lacks Deshaney Special Relationship With Students, Lindsey Hovland
Due Process - Fifth Circuit Incorrectly Holds School Lacks Deshaney Special Relationship With Students, Lindsey Hovland
SMU Law Review
No abstract provided.
Copyright Law - A Challenge To The Ninth Circuit's Fight Applying Laches In Raging Bull Suit, Jacqui Bogucki
Copyright Law - A Challenge To The Ninth Circuit's Fight Applying Laches In Raging Bull Suit, Jacqui Bogucki
SMU Law Review
No abstract provided.
A Case Study Of Federal Circuit Policy Making, W. Keith Robinson
A Case Study Of Federal Circuit Policy Making, W. Keith Robinson
SMU Law Review
The Federal Circuit's legal decisions are perceived to have a significant impact on patent policy because of its close relationship with the patent bar and the United States Patent and Trademark Office (USPTO). Accordingly, litigants before the Federal Circuit may have the unique opportunity to directly influence patent policy. In a 2003 article, Professor Arti Rai suggested that if factual determinations concerning litigation were the responsibility of the USPTO and U.S. District Courts, then the Federal Circuit would be the ideal entity to make patent policy. Interestingly, during a recent panel at the 2013 Intellectual Property Symposium at the Southern …
Formalism And Antiformalism In Patent Law Adjudication--Precedent And Policy, David O. Taylor
Formalism And Antiformalism In Patent Law Adjudication--Precedent And Policy, David O. Taylor
SMU Law Review
In recent years law professors have unleashed withering criticism on the United States Court of Appeals for the Federal Circuit for overlooking the value of policy-guided analyses of patent law and instead engaging in formalistic parsing of precedent. The Supreme Court, by contrast, has received more mixed reviews but ultimately is viewed as an antiformalist alternative to the Federal Circuit. In this Article, I reconsider the role of the Federal Circuit as an intermediate appellate court with exclusive jurisdiction over appeals in patent cases in analyzing and expressing policy related to patent law. After cataloging the views of Federal Circuit …
The Economic Purpose Of The Contract Clause, David Crump
The Economic Purpose Of The Contract Clause, David Crump
SMU Law Review
No abstract provided.
Private Rights For The Public Good, J. Janewa Oseitutu
Private Rights For The Public Good, J. Janewa Oseitutu
SMU Law Review
No abstract provided.
Overruling Precedent: A Derelict In The Stream Of The Law, Michael H. Leroy
Overruling Precedent: A Derelict In The Stream Of The Law, Michael H. Leroy
SMU Law Review
No abstract provided.
On Substantive Due Process And Discretionary Traditionalism, Ronald Turner
On Substantive Due Process And Discretionary Traditionalism, Ronald Turner
SMU Law Review
No abstract provided.
Family Law: Husband And Wife, Joseph W. Mcknight, Shanin Turner Brevig
Family Law: Husband And Wife, Joseph W. Mcknight, Shanin Turner Brevig
SMU Law Review
No abstract provided.
Insurance Law, J. Price Collins, Blake H. Crawford, William H. Craven
Insurance Law, J. Price Collins, Blake H. Crawford, William H. Craven
SMU Law Review
No abstract provided.
Health Care Law, Mary Jean Geroulo
Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Hamilton C. Simpson
Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Hamilton C. Simpson
SMU Law Review
No abstract provided.