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Full-Text Articles in Law
Video Advance Directives: Growth And Benefits Of Audiovisual Recording, Thaddeus Mason Pope
Video Advance Directives: Growth And Benefits Of Audiovisual Recording, Thaddeus Mason Pope
SMU Law Review
No abstract provided.
The Pathological Perspective And Presidential Election, Edward A. Hartnett
The Pathological Perspective And Presidential Election, Edward A. Hartnett
SMU Law Review
We live in troubled times, with competing political camps acting like opposing tribes. We live in separate enclaves, get our information from separate sources, and remain inside our own information bubbles. We should bear these divisions in mind as we discuss possible changes to our system of electing the President. The year 2020 began with a presidential impeachment trial, featured at its midpoint a Supreme Court decision holding that a state may require its presidential electors to vote in accordance with that state’s popular vote, and will end with a presidential election. Many think that we should scrap electors and …
Moving The Goalposts: Why Congress Should Consider Extending The Nfl’S Antitrust Exemption To The Directv Sunday Ticket Package, Jack Milligan
Moving The Goalposts: Why Congress Should Consider Extending The Nfl’S Antitrust Exemption To The Directv Sunday Ticket Package, Jack Milligan
SMU Law Review
No abstract provided.
Tribute To Professor Peter Winship, William V. Dorsaneo Iii
Tribute To Professor Peter Winship, William V. Dorsaneo Iii
SMU Law Review
No abstract provided.
First Man And Second Woman: Reflections On The Anniversaries Of Apollo 11 And Cruzan, George J. Annas
First Man And Second Woman: Reflections On The Anniversaries Of Apollo 11 And Cruzan, George J. Annas
SMU Law Review
No abstract provided.
Jefferson’S Taper, Jeremy N. Sheff
Jefferson’S Taper, Jeremy N. Sheff
SMU Law Review
This Article reports a new discovery concerning the intellectual genealogy of one of American intellectual property law’s most important texts. The text is Thomas Jefferson’s often-cited letter to Isaac McPherson regarding the absence of a natural right of property in inventions, metaphorically illustrated by a “taper” that spreads light from one person to another without diminishing the light at its source. I demonstrate that Thomas Jefferson likely copied this Parable of the Taper from a nearly identical passage in Cicero’s De Officiis, and I show how this borrowing situates Jefferson’s thoughts on intellectual property firmly within a natural law theory …
Cruzan’S Legacy In Autonomy, Kathy L. Cerminara
Cruzan And The Other Evidentiary Standard: A Reconsideration Of A Landmark Case Given Advances In The Classification Of Disorders Of Consciousness And The Evolution Of Disability Law, Joseph J. Fins
SMU Law Review
No abstract provided.
Tribute To Professor Vicki Palacios, Jennifer M. Collins
Tribute To Professor Vicki Palacios, Jennifer M. Collins
SMU Law Review
No abstract provided.
What Is Nonmarriage?, Katharine K. Baker
What Is Nonmarriage?, Katharine K. Baker
SMU Law Review
As rates of cohabitation rise, and marriage becomes a status reserved almost exclusively for socio-economic elites, the scholarly calls for family law to recognize more nonmarital families grow stronger by the day. This Article unpacks contemporary proposals to recognize more nonmarital families and juxtaposes those proposals with family law’s contemporary marital regime. Family law’s status-based system provides a mostly simple and efficient means of distributing resources at the end of a marriage by imposing a formulaic, but distinctly communitarian, non-market-based approach to obligation, entitlement, and value. In full, the Article defends family law’s status-based system for what it does well, …
Down Step By Step—Ratification Of Oil And Gas Leases By Royalty Interests In Texas, Christopher S. Kulander
Down Step By Step—Ratification Of Oil And Gas Leases By Royalty Interests In Texas, Christopher S. Kulander
SMU Law Review
A sporadic series of opinions dating back seven decades has incrementally established that, in Texas, the executive has no authority to pool the royalty or nonexecutive mineral interest covered by an oil and gas lease. Conversely, the owners of nonexecutive interests do have a choice whether or not to ratify leases that purport to cover their interest. This state of the law arose first from cases involving royalty apportionment and community leases, then drawing in nonexecutive interests, before finally establishing the privileged position of freestanding royalty and nonexecutive mineral interests. Texas should instead follow the lead of Louisiana and West …
Tribute To Professor Peter Winship, Jennifer M. Collins, Bruce Tomaso
Tribute To Professor Peter Winship, Jennifer M. Collins, Bruce Tomaso
SMU Law Review
No abstract provided.
Genetically Customized Generations—A Need For Increased Regulatory Control Over Gene Editing Technology In The United States, Morgan Mendicino
Genetically Customized Generations—A Need For Increased Regulatory Control Over Gene Editing Technology In The United States, Morgan Mendicino
SMU Law Review
Gene editing technology, once a far-fetched scientific fantasy, has become a tangible reality. One emerging form of gene editing in particular, human germline genome editing, possesses revolutionary capabilities that warrant cautious examination. Recent advancements in research have demonstrated that such biotechnology could be used to alter the genetic makeup of unborn children and the hereditary genes of future generations. This biotechnology may possess the ability to save countless human lives, but we must ask—What happens when the line between preventing disease and “playing God” becomes blurry? Human germline genome editing raises a multitude of widespread and deeply rooted questions surrounding …
Off On A Technicality: The Proper Remedy For Improper Venue, Chris Thomson
Off On A Technicality: The Proper Remedy For Improper Venue, Chris Thomson
SMU Law Review
Since its introduction to the public discourse, lawyers have admonished the pejorative phrase, “off on a technicality”—and rightfully so. However, the phrase may rightfully find application to the law’s present treatment of criminal defendants who have been convicted in improper venues. Although venue is a constitutionally necessary component of all criminal prosecutions, it does not speak to the factual guilt or innocence of a defendant. Nevertheless, in the Fifth and Eighth Circuits, defendants whose convictions stem from improper venue may be acquitted despite a jury’s finding that they committed each substantive element of the underlying offense. By contrast, the Sixth …
Tweet, Post, Share. . .Get Haled Into Court? Calder Minimum Contacts Analysis In Social Media Defamation Cases, Ellen Smith Yost
Tweet, Post, Share. . .Get Haled Into Court? Calder Minimum Contacts Analysis In Social Media Defamation Cases, Ellen Smith Yost
SMU Law Review
Modern communication has been transformed by ubiquitous social media platforms and near-universal connectivity. Any individual, from any location, can now publish speech to thousands or potentially millions of readers, viewers, or listeners via Twitter, Facebook, Instagram, Snapchat, YouTube, and other social media platforms. For this reason, defamation claims based on social media content are increasingly common. Unfortunately, courts considering these suits lack clear and consistent rules for when a social media post satisfies “minimum contacts” and “fair play and substantial justice,” the due process requirements for exercise of personal jurisdiction over a nonresident defendant. This Comment clarifies minimum contacts analysis …
The Risks And Rewards Of Shareholder Voting, Bernard S. Sharfman
The Risks And Rewards Of Shareholder Voting, Bernard S. Sharfman
SMU Law Review
The SEC’s recent staff roundtable on the proxy process and its resulting guidance, interpretation, and proposed rules has made shareholder voting the most prominently debated corporate governance issue of recent times. The number of comment letters submitted to the SEC has been voluminous and includes eight submitted by this Article’s author. Yet, the author doubts many of the writers of these letters, except in the context of their political agendas, have really thought deeply about the role shareholder voting plays in the governance of corporations, the collective action problem imbedded in such voting (and how it needs to be managed), …
Cruzan And The “Right To Die”, Thomas Wm. Mayo
Beyond Cruzan: Dementia And The Best Interests Standard, Rebecca Susan Dresser
Beyond Cruzan: Dementia And The Best Interests Standard, Rebecca Susan Dresser
SMU Law Review
No abstract provided.
Cruzan And Surrogate Decision-Making, David Orentlicher
Cruzan And Surrogate Decision-Making, David Orentlicher
SMU Law Review
No abstract provided.
The Legacy Of Cruzan: Balancing The Moral Agency Of Surrogates And The State, Margie Hodges Shaw, Timothy E. Quill, Bernard L. Sussman
The Legacy Of Cruzan: Balancing The Moral Agency Of Surrogates And The State, Margie Hodges Shaw, Timothy E. Quill, Bernard L. Sussman
SMU Law Review
No abstract provided.
Vicki Palacios—An Appreciation, C. Paul Rogers Iii
Vicki Palacios—An Appreciation, C. Paul Rogers Iii
SMU Law Review
No abstract provided.
Up To Interpretation—Highlighting The Texas Supreme Court’S “Ambiguous” Approach To Statutory Construction, Kyle Gromann
Up To Interpretation—Highlighting The Texas Supreme Court’S “Ambiguous” Approach To Statutory Construction, Kyle Gromann
SMU Law Review
No abstract provided.
The Sovereign’S Invisible Grasp: Katzin V. United States And The Case For Nonpossessory Physical Takings, James Kemp
The Sovereign’S Invisible Grasp: Katzin V. United States And The Case For Nonpossessory Physical Takings, James Kemp
SMU Law Review
No abstract provided.
A Particular Social Group In Asylum Proceedings— The Fifth Circuit’S Categorial Ban On Victims Of Domestic Violence, Meagan Maloney
A Particular Social Group In Asylum Proceedings— The Fifth Circuit’S Categorial Ban On Victims Of Domestic Violence, Meagan Maloney
SMU Law Review
No abstract provided.
Machine Learning And The New Civil Procedure, Zoe Niesel
Machine Learning And The New Civil Procedure, Zoe Niesel
SMU Law Review
There is an increasing emphasis in the legal academy, the media, and the popular consciousness on how artificial intelligence and machine learning will change the foundations of legal practice. In concert with these discussions, a critical question needs to be explored—As computer programming learns to adjust itself without explicit human involvement, does machine learning impact the procedural practice of law? Civil procedure, while sensitive to technology, has been slow to adapt to change. As such, this Article will explore the impact that machine learning will have on procedural jurisprudence in two significant areas—service of process and personal jurisdiction. The Article …
Imposing Identity: Why States Should Restrict Infant Intersex Surgery, Laura Sundin
Imposing Identity: Why States Should Restrict Infant Intersex Surgery, Laura Sundin
SMU Law Review
Babies born with sex characteristics that do not “fit typical binary notions of male or female” are as common as babies born with red hair. These newborns may have one of many types of internal or external abnormalities, coined “intersex” conditions, such as having both an ovary and a testicle or having a large clitoris that resembles a penis. Despite their prevalence, the community of children with intersex conditions was stigmatized by prominent psychologists in the 1960s who theorized that to be “normal” the child must grow up with “unambiguous genitalia” and a binary gender identity. This theory caused fear …
Beware Of The Drug Detection Dog: The Fourth Amendment, Drug Detection Dogs, And State Legalization Of Marijuana, Morgan Smith
Beware Of The Drug Detection Dog: The Fourth Amendment, Drug Detection Dogs, And State Legalization Of Marijuana, Morgan Smith
SMU Law Review
Under current Supreme Court precedent, the “sniff” of a trained drug detection dog generally does not constitute a search within the meaning of the Fourth Amendment because of the dog’s unique ability to detect contraband items without physical intrusion. Thus, police canines have become valuable tools utilized by law enforcement since the Drug War era. Many questions have arisen, however, as to the validity of warrantless dog sniffs in states where marijuana has been legalized and thus, is no longer contraband. Further, the Supreme Court’s view that a drug dog sniff is not a search has raised concerns because it …