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

Law Commons

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

Articles 1 - 30 of 30

Full-Text Articles in Law

Empiricism, Experimentalism, And Conditional Theory, Victoria Frances Nourse, Gregory C. Shaffer Jan 2014

Empiricism, Experimentalism, And Conditional Theory, Victoria Frances Nourse, Gregory C. Shaffer

SMU Law Review

No abstract provided.


Qualified Immunity And Privacy-The Fifth Circuit Finds That Students Have No Clearly Established Right To Confidentiality In Their Sexual Orientation, Michael Sheetz Jan 2014

Qualified Immunity And Privacy-The Fifth Circuit Finds That Students Have No Clearly Established Right To Confidentiality In Their Sexual Orientation, Michael Sheetz

SMU Law Review

No abstract provided.


Front Matter, Smu Law Review Jan 2014

Front Matter, Smu Law Review

SMU Law Review

No abstract provided.


Eulogy For Sarah Tran, Holly Roberson Jan 2014

Eulogy For Sarah Tran, Holly Roberson

SMU Law Review

No abstract provided.


For Sarah, Christopher Dolder Jan 2014

For Sarah, Christopher Dolder

SMU Law Review

No abstract provided.


Front Matter Jan 2014

Front Matter

SMU Law Review

No abstract provided.


Foreword, Sandra Day O'Connor Jan 2014

Foreword, Sandra Day O'Connor

SMU Law Review

No abstract provided.


Dedication, Guido Calabresi Jan 2014

Dedication, Guido Calabresi

SMU Law Review

No abstract provided.


The Kadi Saga And The Rule Of Law Within The Eu, Koen Lenaerts Jan 2014

The Kadi Saga And The Rule Of Law Within The Eu, Koen Lenaerts

SMU Law Review

No abstract provided.


Ineffable Intuition And Unreasonable Suspicion: Our Rule Of Law Failure, John Sexton, Justin Sommerkamp, Justin Martin Jan 2014

Ineffable Intuition And Unreasonable Suspicion: Our Rule Of Law Failure, John Sexton, Justin Sommerkamp, Justin Martin

SMU Law Review

No abstract provided.


The National Judge As Eu Judge: Some Constitutional Observations, Allan Rosas Jan 2014

The National Judge As Eu Judge: Some Constitutional Observations, Allan Rosas

SMU Law Review

No abstract provided.


Clues Of Integrity In The Legal Reasoning Process: How Judicial Biographies Shed Light On The Rule Of Law, Harvey Rishikof, Bernard Horowitz Jan 2014

Clues Of Integrity In The Legal Reasoning Process: How Judicial Biographies Shed Light On The Rule Of Law, Harvey Rishikof, Bernard Horowitz

SMU Law Review

No abstract provided.


Rule Of Law, Standards Of Law, Discretion And Transparency, Eleanor M. Fox Jan 2014

Rule Of Law, Standards Of Law, Discretion And Transparency, Eleanor M. Fox

SMU Law Review

No abstract provided.


The Imperfections Of The Rule Of Law, William E. Nelson Jan 2014

The Imperfections Of The Rule Of Law, William E. Nelson

SMU Law Review

No abstract provided.


Rule Of Legal Rhetoric, Geoffrey C. Hazard Jr. Jan 2014

Rule Of Legal Rhetoric, Geoffrey C. Hazard Jr.

SMU Law Review

No abstract provided.


The Exclusionary Rule As A Symbol Of The Rule Of Law, Jenia I. Turner Jan 2014

The Exclusionary Rule As A Symbol Of The Rule Of Law, Jenia I. Turner

SMU Law Review

Throughout South America, Southern and Eastern Europe, and East Asia, more than two dozen countries have transitioned to democracy since the 1980s. A remarkable number of these have adopted an exclusionary rule (mandating that evidence obtained unlawfully by the government is generally inadmissible in criminal trials) as part of broader legal reforms. Democratizing countries have adopted exclusionary rules even though they are not required to do so by any international treaty and there is no indication that there is widespread popular demand for such rules. This has occurred at a time when the rule has been weakened in the United …


A Brief Primer On The Rule Of Law In Multistate Systems, Anthony J. Colangelo Jan 2014

A Brief Primer On The Rule Of Law In Multistate Systems, Anthony J. Colangelo

SMU Law Review

This brief symposium piece on "The Rule of Law" asks the present international system a simple but urgent question. If we take seriously rule of law criteria in a single state, should we also take seriously these criteria in multistate systems? I believe we should, and for fundamentally the same reasons we take these criteria seriously in a single state. Criteria that law be promulgated, publicized, prospective, intelligible, consonant (not contradictory), consistent, possible to comply with, and congruent between what it says and how it is administered, not only ensure legal actors can fairly comply with the law but also …


The Nacirema Revisited, Jeffrey D. Kahn Jan 2014

The Nacirema Revisited, Jeffrey D. Kahn

SMU Law Review

In 1956, anthropologist Horace Miner published the article for which he is best known, "Body Ritual among the Nacirema." This short but groundbreaking essay described personal rituals practiced by a fascinating but poorly understood people. Inspired by Miner's work and based on close-quarters field research, this essay revisits the strange world of the Nacirema. Two of the more "legal" features of their society are explored: (1) what might be termed the higher-order constitutional design of their society, and (2) the mechanisms of day-to-day maintenance of their social order.


Front Matter Jan 2014

Front Matter

SMU Law Review

No abstract provided.


Will The Income-Based Repayment Program Enable Law Schools To Continue To Provide Harvard-Style Legal Education, Gregory S. Crespi Jan 2014

Will The Income-Based Repayment Program Enable Law Schools To Continue To Provide Harvard-Style Legal Education, Gregory S. Crespi

SMU Law Review

Legal education provided in the prevailing “Harvard-style” now costs students on average between $160,000 and $250,000 for their three years of study, the precise amount depending on the law school attended, the alternative employment opportunities foregone, and the amount of scholarship assistance provided. However, the median starting salary for full-time, entry-level legal positions has declined in recent years to only $60,000/year, and upwards of 45% of recent law graduates are now unable to obtain full-time legal employment within 9 months of their graduation, and this dismal employment situation is unlikely to significantly improve over the next few years. While the …


Patent Law - System Claim Patent-Eligibility After Accenture Global Services, Gmbh V. Guidewire Software, Inc., Samuel Bragg Jan 2014

Patent Law - System Claim Patent-Eligibility After Accenture Global Services, Gmbh V. Guidewire Software, Inc., Samuel Bragg

SMU Law Review

No abstract provided.


Immigration Law - Ninth Circuit Decision Allow For Aliens To Be Penalized For Exercising Their Right To Appeal, Kelli Gavin Jan 2014

Immigration Law - Ninth Circuit Decision Allow For Aliens To Be Penalized For Exercising Their Right To Appeal, Kelli Gavin

SMU Law Review

No abstract provided.


Professor Sarah Mcquillen Tran: A Portrait Of Perseverance And Courage, Julia Patterson Forrester Jan 2014

Professor Sarah Mcquillen Tran: A Portrait Of Perseverance And Courage, Julia Patterson Forrester

SMU Law Review

No abstract provided.


Unteachable: Shelby County, Canonical Apostasies, And A Way Forward For The Voting Rights Act, Kareem Crayton, Terry Smith Jan 2014

Unteachable: Shelby County, Canonical Apostasies, And A Way Forward For The Voting Rights Act, Kareem Crayton, Terry Smith

SMU Law Review

No abstract provided.


International Child Abduction - Second Circuit Finds Federal Right Of Action For Visitation Rights Under Federal Law Implementing The Hague Convention On Civil Aspects Of International Child Abduction, Farsheed Fozouni Jan 2014

International Child Abduction - Second Circuit Finds Federal Right Of Action For Visitation Rights Under Federal Law Implementing The Hague Convention On Civil Aspects Of International Child Abduction, Farsheed Fozouni

SMU Law Review

No abstract provided.


Front Matter Jan 2014

Front Matter

SMU Law Review

No abstract provided.


Remembering Sarah Mcquillen Tran: A Scholar, Teacher, Mother, Friend, Cheryl Nelson Butler Jan 2014

Remembering Sarah Mcquillen Tran: A Scholar, Teacher, Mother, Friend, Cheryl Nelson Butler

SMU Law Review

No abstract provided.


Sarah Tran's Inspiring Optimism, Peter Menell Jan 2014

Sarah Tran's Inspiring Optimism, Peter Menell

SMU Law Review

No abstract provided.


The American Bar Association And The Rule Of Law, James R. Silkenat Jan 2014

The American Bar Association And The Rule Of Law, James R. Silkenat

SMU Law Review

No abstract provided.


The 2014 Smu Criminal Justice Colloquium: An Introduction, Meghan J. Ryan, Jenia I. Turner Jan 2014

The 2014 Smu Criminal Justice Colloquium: An Introduction, Meghan J. Ryan, Jenia I. Turner

SMU Law Review

No abstract provided.