Digital Commons Network^™

Class Of 2026 Hooding Of Candidates For The Degree Of Juris Doctor And Advanced Degrees, Southern Methodist University, Dedman School Of Law

Law School Commencement / Hooding Programs, 1942-present

No abstract provided.

Civil And Criminal Justice Remedies For Intimate Partner Violence, Demetrice M. Lopez, Anika Ramos

Hunter Center Publications

Intimate partner violence (IPV) is a persistent public health problem that impacts the physical and mental health of millions of people each year. The United States has historically relied on the legal system as the primary means of addressing IPV as a criminal or civil infraction. This chapter begins with a review of the history of IPV in the context of the legal system. It then considers the dynamics of IPV and its influence on the legal response. The chapter then looks at the broader impact of IPV and remedies for survivors in the justice system. Finally, it considers the …

An Empirical Examination Of Law Student Attitudes Toward Legal Writing With Generative Ai, Abigail L. Perdue

SMU Science and Technology Law Review

Amid mounting predictions that generative artificial intelligence (AI) will substantially disrupt legal education, legal writing professors grapple with how and when to integrate generative AI into the classroom. While some believe that it should be woven into existing courses and integrated across the curriculum, even in the first year, others contend that it is better reserved for discussion in upper-level courses dedicated to AI-assistance. Yet it remains unclear which approach will best prepare graduates for the modern practice of law. Indeed, some scholars caution that permitting law students to use generative AI to complete their legal writing coursework, particularly in …

The New Assault On Plyler V. Doe, Cori Alonso-Yoder, Gabriel Sanchez

SMU Law Review

The second Trump Administration has disregarded a history of bipartisan support in avoiding immigration enforcement actions in schools. Certain states have acted to further target children at school—advancing measures to exclude many from public education based on immigration status. While the Supreme Court in Plyler v. Doe affirmed the state and national interests in educating students regardless of status, the Heritage Foundation has called on states to pass legislation to overturn that decades-old precedent. While no state has yet adopted these measures, many states have tried, marking a new attack on the precedent in Plyler.

This Article builds on …

California Public Defense Workloads And Staffing, Malia N. Brink, Pamela R. Metzger, Andrew L.B. Davies, Cynthia G. Lee

Deason Center Reports

This report assesses the current workloads and staffing of California public defense providers. The report concludes that California’s public defense attorneys are almost universally burdened by workloads that far exceed nationally recommended standards. Additionally, compared to district attorneys’ offices in the same jurisdictions, public defender offices typically have 20-45% fewer attorneys.

This report also details how public defense providers in California also lack the appropriate support staff – investigators, social workers, paralegals, and administrative assistants – necessary to efficiently and effectively represent their clients. At their current workload and staffing levels, public defense attorneys simply cannot do all that their …

International Refugee Law, Banke Olagbegi-Oloba, Marie Isabelle Dumont, Marlyse Sime, Reuben Moses

The Year in Review

No abstract provided.

Sexual Orientation And Gender Identity, Mark E. Wojcik

The Year in Review

No abstract provided.

International Arbitration, Sergey Petrachkov, Daryna Hrebeniuk, Oksana Karel, Jeffrey Rosenthal, Katerina Wright, Keara A. Bergin, Christopher P. Denicola, Brendan Clancy, Patrick Roche, Marcus Walsh, Caoimhe Clarkin, Peter Ashford, Kate Felmingham, Antonio Canales, Marianne Chao, John Cooper, Michael P. Daly, Mercedes Fernandez, Carla Gharibian, Melissa Stear Gorsline, Haifeng Huang, Elie Kleiman, Annie Leaks, Fernando F. Pastore, Maria I. Pradilla Picas, Iris Sauvagnac, Cristina Perez Soto, Johannes Willheim, Joyce Fong, Christina Nitsche, Dan Perera, Anthony Lynch, Héctor Scaianschi Márquez, Preeti Bhangnani, Eric Lenier Ives, Fernando Navarro, Tom Pearson

The Year in Review

No abstract provided.

Front Matter

The Year in Review

No abstract provided.

If You Cannot Afford An Attorney, None Will Be Appointed For You: Exploring Rates Of Representation By Counsel In Texas Misdemeanor Courts, Andrew L. B. Davies, Shelby Sirivore, Victoria M. Smiegocki

Deason Center Reports

All misdemeanor defendants in the United States have the right to be represented by a lawyer if they are facing the possibility of incarceration. Yet implementation of that right is often left to local policymakers, and rates of non-representation (defendants proceeding without lawyers) vary enormously. Through an examination of data from Texas counties in 2019, we find non-representation rates were highest in the state’s poorest and most rural counties. But we also find signs that local policy choices matter. Counties with public defender offices, and those with less restrictive policies on financial eligibility for indigent defense services, appointed lawyers to …

Rulemaking Behind Closed Doors: Governor Abbott’S Secret Rulemaking. Worse Yet, All State Agencies Are Colluding With The Governor, Ronald Beal

SMU Law Review Forum

In 2019, the Texas Legislature granted the Governor new powers to review the rulemaking process for certain state agencies. Since then, the Governor has apparently extended this authority of review over the rulemaking process to more agencies than he was authorized to. Some journalists and scholars, including this Author, have attempted to access the proposals and comments submitted to the rulemaking process by the Governor’s Office—and yet the records are withheld by the Texas Attorney General under claimed exceptions to the Texas Public Information Act. Despite the Attorney General’s claims, this Author and others maintain that any records of these …

Solving The Public Defense Crisis In Kansas, Malia N. Brink, Pamela R. Metzger

Deason Center Reports

Kansas has a constitutional obligation to provide counsel to any arrested person who cannot afford to hire a private attorney. But attorney shortages in Kansas threaten this core constitutional right. According to the American Bar Association, there are an average of four attorneys per 1,000 people nationwide. However, only six of Kansas’s 105 counties have two or more attorneys per 1,000 people. In 44 counties, there is just one attorney or fewer per 1,000 residents. The situation is particularly worrisome in rural Kansas. In 2023, nearly half of Kansas’s population lived in rural counties, but 80% of its lawyers lived …

Guilty Pleas Matter: Waivers And The Forgotten Solemnity Of A Sacred Process, Julian A. Cook Iii

SMU Law Review

Approximately 98% of federal cases are resolved by means of a guilty plea. Thus, it is the guilty plea hearing, not the jury trial, that is the heart and lungs of our criminal justice system. Given the frequency of its use, coupled with the deeply impactful personal consequences that necessarily accompany a conviction, district courts play a critical evaluative and safeguarding function. As famously stated by the Supreme Court in Brady v. United States, the decision to plead guilty “is a grave and solemn act to be accepted only with care and discernment . . . .”

Guilty Pleas …

Socially Responsible Ai In The Gpt Era, Yussuf A. Aleem

SMU Law Review

Recent advancements in artificial intelligence (AI) showcase its rapid evolution and promise, with the potential to profoundly transform decision-making, self-expression, and even the practice of law. However, AI also presents formidable challenges, including the further entrenchment of societal inequalities, widespread labor disruption, and existential threats to humanity. Modern AI systems show early signs of general intelligence, enabling them to perform a wide range of tasks beyond those of chatbots in both virtual and physical environments. Despite industry assurances of responsible AI development, these technologies are easily exploited and often exhibit troubling behaviors that even their creators struggle to understand.

This …

The Quad (The 2025 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating a Century of Legal Excellence
• Dedman Family Honored
• Jurist in Residence: Chief Judge Jeffrey Sutton
• International Alumni Spotlight: Mauricio Celis '19
• Honoring Chief Justice Nathan L. Hecht '74
• Trailblazer lecture series
• Faculty Spotlights: Professors Hillel J. Bavli, Christine Hurt, Marc I. Steinberg, and Jenia Iontcheva Turner

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

Texas, Delaware, And The New Controller Primacy, Christine Hurt

Faculty Journal Articles and Book Chapters

In January 2024, Elon Musk, CEO of Tesla, Inc., initiated the process of moving Tesla’s state of incorporation from Delaware to Texas, citing concerns over Delaware corporate law. The move sparked discussions about the dominance of Delaware corporate law and its recent rulings, with critics accusing Court of Chancery judges of favoring shareholder interests over controller innovation and managerial discretion.

The shift away from Delaware is set against a backdrop of increasing judicial scrutiny in the Delaware Court of Chancery, where plaintiffs have recently seen successes in litigation against controlling shareholders, corporate directors, and officers. Concerns over Delaware’s evolving legal …

Lobbying By Brief: Unveiling The Dominance Of Amicus Lobbying In The Development Of Business Law, W. C. Bunting, Tomer Stein

SMU Law Review

This Article uncovers the pervasive and significant impact of business law amicus lobbying, a strategic tactic whereby lobby groups have commandeered the amicus curiae filing process in state courts to shape business law according to their interests.

This Article makes three primary contributions to the literature. First, it presents the only comprehensive dataset of amicus curiae filings in business law cases. This hand-collected dataset encompasses nearly all business law amicus curiae filings from 2005 to 2022 in the key jurisdictions of New York, California, Delaware, Texas, and Nevada. Second, it reveals a striking empirical finding: lobby groups account for 67% …

Repurposing The Land Of An East Los Angeles Church: The Discovery Of How Small And Medium Sized Churches Through Affordable Housing Can Combat Homelessness While Revitalizing Its Nonprofit Status, Donald Cook, Donald Ray Cook Ii

Doctor of Ministry Projects and Theses

In order to live, humans need to sleep; therefore, sleep is mandatory, but unfortunately, everyone does not have the option of sleeping inside. Subsequently, many homeless encampments have developed in many countries. The perspective that people have often determines their response to homelessness. One person might view a homeless encampment as a problem that needs to be removed while someone else can view it as an opportunity to serve the least of these. Not only did Adam and Eve experience homelessness when removed from the Garden of Eden, but Mary, Joseph, and Jesus experienced first-hand the rollercoaster of inadequate housing. …

Gracious Neighbors: An Overview Of Humanitarian Aid Efforts For Venezuelan Refugees In Colombia, Peter Wetherbee

The Dialogue

Peter Wetherbee evaluates Colombia’s response to the Venezuelan migration crisis, highlighting the challenges posed by resource constraints and international coordination. The paper discusses the socioeconomic impact of migration and proposes measures to enhance humanitarian aid and regional stability​

Remote Court Hearings (Past, Present, And Future): Arizona’S Next Steps For A New World To Enhance Access To Justice, Samuel A. Thumma, Marcus W. Reinkensmeyer

SMU Law Review Forum

In this article, the Arizona Supreme Court COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup (“Plan B Workgroup”) provides an update from its prior efforts, building on the Post-pandemic Recommendations: COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup, 75 SMU LAW REVIEW FORUM 1 (2022). This article focuses on the Plan B Workgroup’s February 2022 Recommended Remote and In-Person Hearings in the Arizona State Courts in the Post-Pandemic World and developments after those Recommendations. The article highlights the consideration and adoption of the Recommendations by the Arizona Judicial Council and the Arizona Supreme Court, …

Protection From Warlords & Celebrities: How Anti-Slapp Legislation Is Making International Headway To Protect Free Speech, Olivia Augustat

The International Law Review Association Student Forum

Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly being used by powerful individuals and entities to silence dissent and criticism, posing a significant threat to free speech globally. This misuse of legal systems undermines democratic principles by intimidating those who speak out on matters of public interest. My paper argues for the urgent need for effective Anti-SLAPP legislation, focusing on a comparative analysis of the U.S. and European Union (EU) approaches. While the U.S. has a fragmented but largely pro-defendant framework, the EU is moving toward an arguably vaguer but more unified, cross-border solution. This paper takes a unique approach …

Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker

SMU Annual Texas Survey

No abstract provided.

The Vision And Inception Of The Legal Aid Clinic At Smu School Of Law, Amy Kearney

SMU Law Review

This paper examines the impetus behind the creation of the SMU Clinic and analyzes how the clinic actually worked in its early years and whether the clinic accomplished its objectives. I wrote this paper during my last semester of law school while participating in the SMU Clinic as a student attorney. While researching this paper, I had the pleasure of speaking with some of the first student attorneys that participated in the SMU Clinic, many of whom went on to practice law for decades afterwards. I greatly enjoyed hearing their perspectives, and love that I was able to similarly provide …

Can Criminal Defense Attorneys Be Victim-Centered?, Natalie Nanasi, Demetrice Lopez-Loftis

SMU Law Review

Attorneys defending those accused of intimate partner violence, like all lawyers, owe duties of zealous advocacy and confidentiality to their clients. But is there a place within these ethical obligations for them to also consider the safety of the victim? Defense counsel are often uniquely situated—by virtue of their relationships with their clients and victims—to help mitigate potentially serious harm. This article explores the spaces where defending an accused perpetrator of domestic violence and taking actions to limit further harm to a survivor are compatible. It also identifies areas where defense attorneys can obtain additional resources and data to inform …

75 Years Of Clinical Legal Education: Celebrating The Past While Looking To The Future, Mary Spector

SMU Law Review

In October 2023, the Clinical Program at SMU Dedman School of Law celebrated its 75th anniversary. The occasion provided an opportunity to celebrate seventy-five years of free legal services to thousands of clients over the years: real people with real problems without the means to hire a lawyer. Among the legal services provided were ones that ensured families had safe and affordable places to live, protected the rights of those in the criminal justice system, safeguarded seniors’ financial stability, assisted taxpayers in navigating disputes with the IRS, and ensured that employees obtain the benefits to which they are entitled.

During …

Professional Liability, Shelby Taylor, R. Max Ward, Josh Sherman

SMU Annual Texas Survey

This Article describes and analyzes major developments in professional liability law that occurred in Texas between December 1, 2022, and November 30, 2023.

Raising The Bar In Child Welfare Law, Diane M. Sumoski

SMU Law Review

This article explores the unique opportunities arising from child welfare law practice in clinical legal education. While training law students for lawyering in all practice areas, the clinic can also inspire experienced child welfare practitioners to raise the level of their practice. The article provides an overview of the child welfare practice in Texas, the various roles of lawyers in the system, the special training required for these lawyers, and how the lawyers are employed and paid. The article proposes that the clear impact of child welfare legal practice on clients, combined with its interdisciplinary complexity, creates an ideal combination …

Generative Ai In The Attorney-Client Relationship: An Exercise In Critical Revision And Client Management, Michael L. Smith

SMU Science and Technology Law Review

Discussions of generative AI in legal practice and education often assert that this technology will lead to a sea change in legal writing, research, and revision. While some of the more breathless proclamations deserve skepticism, there’s little doubt that this technology may generate new forms of headaches for those in the legal field—particularly once it’s in the hands of clients or opposing counsel who wish to use this technology to save the time, money, and effort required for complex legal tasks.

This essay proposes an exercise template for law students that illustrates how generative AI technology may be misused or …

Ethics Of Innovation: A Framework For Responsible Innovation Governance, Nicole Morris

SMU Science and Technology Law Review

Over the past several years, startups that once seemed destined for greatness have failed or collapsed because of fraud committed by the founders. Most notable are the Theranos and FTX business collapses, which culminated in the convictions of two infamous entrepreneurs, Elizabeth Holmes and Sam Bankman-Fired, respectively. Startup innovators are not alone when it comes to morally dubious behavior. According to Retraction Watch, nearly 5000 papers published in science & engineering journals were retracted in 2022. Research misconduct allegations eventually led to the resignation of Stanford University President Marc Tessier-Lavigne in July 2023. The research scandal at Stanford received lots …