Digital Commons Network^™

International Transportation Law, James Henry Bergeron, Attilio M. Costabel, James Border, Greg Maddaleni, Jay Choi, Martin Abadi

The Year in Review

No abstract provided.

International Private Client, Frederick K. Schoenbrodt Ii, Joseph M. Erwin

The Year in Review

No abstract provided.

International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Theodore J. Folkman, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Igor V. Timofeyev, Charles A. Patrizia, Joseph R. Profaizer

The Year in Review

No abstract provided.

International Family Law, Robert G. Spector, Melissa A. Kucinski

The Year in Review

No abstract provided.

International Criminal Law, Timothy Franklin, Linda Strite Murnane, Momodou Manneh, Susan Schwartz

The Year in Review

No abstract provided.

International Courts & Judicial Affairs, Sara L. Ochs, Haydee Dijkstal, Paula Henin, Paola Patarroyo, Katherine Maddox Davis, Kabir Duggal, Katelyn Horne, Caroline Kelly, Michael Coffee

The Year in Review

No abstract provided.

International Arbitration, Jeffrey Rosenthal, Martine Forneret, Katerina Wright, Preeti G. Bhagnani, Eric Lenier Ives, Keara A. Bergin, Christopher P. Denicola, Alison G. Fitzgerald, Melissa S. Gorsline, Fahad A. Habib, Charles T. Kotuby, Carla Gharibian, Peter Ashford, Kate Felmingham, Hanna Abdou, Christina Nitsche, Molly O'Casey, Sergey Petrachkov, Dmitry Kuptsov, Anastasia Bekker, Mercedes Fernández, Ignacio Santabaya, Melissa Magliana, Oksana Karel, Daryna Hrebeniuk, Brenda Horrigan, Haifeng Huang, Harukuni Ito, Toshiaki Takahashi, Joyce Fong, Dan Perera, Tom Pearson, Iris Sauvagnac, Hèctor Scaianschi, James A. Egerton-Vernon, Aline Dias, Anthony Lynch, Maria I. Pradilla Picas, Cristina Pèrez

The Year in Review

No abstract provided.

International Trade, Shelby M. Anderson, Theodore P. Brackemyre, Tessa V. Capeloto, Cynthia C. Galvez, Valerie Hughes, Gregory C. Maddaleni, Elizabeth S. Lee, Lydia C. Pardini, John Allen Riggins, Claire M. Webster

The Year in Review

No abstract provided.

International M&A And Joint Ventures, Rafael Pereyra Zorraquin, Renata Antiquera, Jason Saltzman, Francisco Ugarte, José Francisco Mafla, Jörg Rehder, Ron Lehmann, Luigi Pavanello, Gianmarco Mileni Munari, Carlos Velázquez De León Obregón, Jean Paul Chabaneix, Pawel Sikora, Anton Dzhuplin, Teymur Akhundov, Anna Derbak, Dr. Nicolas Bremer, Sergio Sánchez Solè

The Year in Review

No abstract provided.

International Contracts, Luana Lo Piccolo, Maurizio Gardenal, Samuel G. Wieczorek, Willem Den Hertog, Anders Forkman

The Year in Review

No abstract provided.

International Antitrust, Miguel Del Pino, Elizabeth Avery, Dilys Teng, Bruno Drago, Daniel Andreoli, Fabianna Morselli, Paola Pugliese, Milena Mundim, Adam S. Goodman, Simon Kupi, Peter J. Wang, Yizhe Zhang, Peter Camesasca, Laurie-Anne Grelier, Naval Satarawala Chopra, Aman Singh Sethi, Shigeyoshi Ezaki, Vassili Moussis, Kiyoko Yagami, Naoki Uemura, Youngjin Jung, Hemi Lee, Maria Hajiyerou, Lara Granville, Lisl Dunlop

The Year in Review

No abstract provided.

Export Controls And Economic Sanctions, John Boscariol, Patrick Briscoe, Jamie Brown, Sylvia Costelloe, Abigail Cotterill, Geoffrey Goodale, Timothy O'Toole, Jason Prince, Christopher Stagg, Lawrence Ward

The Year in Review

No abstract provided.

Customs Law, Laura Fraedrich, Lawrence W. Hanson, Jennifer Horvath, Eduardo Gavito Diaz, Geoffrey M. Goodale, George R. Tuttle Iii

The Year in Review

No abstract provided.

Space Mining, Isabelle M. Thibault

Journal of Air Law and Commerce

The Outer Space Treaty, the leading source of law for activities in space, has laid out various limitations and regulations regarding actions in space and how space can be used. One of these limitations is commonly referred to as the “non-appropriation principle.” The non-appropriation principle prohibits nations from making claims of sovereignty over celestial bodies in space. This presents a problem as the space industry continues to progress because it causes uncertainty regarding the meaning of appropriation, what is classified as a celestial body, what acts are allowed, and who specifically is prohibited from acting. This Comment identifies these problems …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Unlawful Seizure: The Legal Implications Of Russia’S Re-Registration Of Leased Aircraft, Matthew Ormsbee

Journal of Air Law and Commerce

During the Russian invasion of Ukraine, Russia passed a law allowing its domestic airlines to reregister foreign-owned aircraft on the Russian aircraft registry. This law raises important questions about dual registration—forbidden under international law—since the prior foreign aviation authorities had not consented to the deregistration of the subject aircraft. Even as lessors revoked airworthiness certificates, Russia re-registered more than 350 leased aircraft. The most significant problem in civil aviation today is Russia’s re-registration law, which undermines predictability, order, and safety. This essay argues that Russia passed its registration law because its war left it with few other options. This does …

The Eu-Asean Comprehensive Air Transport Agreement (2022): From Regional To Inter-Regional To Global?, Jae Woon Lee, Antigoni Lykotrafiti, Máté Gergely

Journal of Air Law and Commerce

The EU-ASEAN Comprehensive Air Transport Agreement (CATA) is the latest example of the EU’s effort to set a “global benchmark” in the regulation of international air transport. The EU-ASEAN CATA is an exceptional ASA for its geographic coverage, liberalizing impact, and expanded substantive scope. As the first-ever bloc-to-bloc ATA with 27 EU member states and 10 ASEAN member states respectively and a combined population of 1.1 billion, the EU-ASEAN CATA will make a significant impact not only on stakeholders in the EU and ASEAN, but furthermore on the rest of the world. The article aims to thoroughly examine the landmark …

Preempting The Buzz: Challenges For State And Local Regulation Of Drone Noise, Daniel Friedenzohn, Trevor Simoneau

Journal of Air Law and Commerce

From carrying life-saving medical supplies to delivering Amazon packages, drones are increasingly playing a more significant role in our society. Such operations, however, raise a variety of legal and public policy questions, all requiring answers before drone deliveries become commonplace in the package delivery ecosystem. One legal issue that remains significantly underexplored is the challenge of regulating drone noise. This issue raises vital questions of federalism and preemption in the broader debate over federal versus state and local power to govern different aspects of civilian drone operations.

Even though the noise generated by drones is much quieter than other types …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Asset-Based Financing For Space Activities, Francesca Giannoni-Crystal

Journal of Air Law and Commerce

The space industry—whose numbers are already substantial—has undeniable potential for further growth. However, because it no longer consists of only multibillion-dollar companies, the industry needs access to traditional financing. Venture capital alone is insufficient. This Article discusses some difficulties for the space industry’s access to traditional—and especially asset-based—financing. Some are common to all space activities, while some exist only for novel space activities. These difficulties cover a broad range of legal, regulatory, and factual issues (including insurance). While the problems are difficult, ideas to solve them are plentiful, a number of which the paper discusses. The paper also presents ways …

The Case Law Of The Court Of Justice Of The Eu On Art. 17 Of The 1999 Montreal Convention: An Evaluation From A Comparative Perspective, Michael Chatzipanagiotis

Journal of Air Law and Commerce

This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article 17(1) of the 1999 Montreal Convention (MC99) regarding the liability of international air carriers for death or bodily injury to passengers. The interpretational principles and methods applied by the CJEU are examined, accounting also for the particularities of the EU legal order. Furthermore, the results reached by the CJEU are compared with the case law of other jurisdictions, mainly the US, and doctrinal writings. Nonetheless, this paper does not explore the pertinent issues from a de lege ferenda perspective.

The paper concludes …

Back To The Future: Outer Space Policy Review Of The Past For Clues To The Future, Paul B. Larsen

Journal of Air Law and Commerce

Sixty years later, Professor Paul B. Larsen revisits and discusses seven outer space legal issues identified by early space law experts and their current impacts on space policy. The first section addresses the ambiguous boundary of the non-sovereign outer space legal regime which, increasingly causes states to claim control of non-sovereign outer space. Second, Larsen analyzes how the lack of outer space regulation by an international agency like the International Civil Aviation Organization has encouraged states to seek to control outer space unilaterally. Third, although the original aim of space law experts was for outer space to be free for …

Restoring The Economic Interest Standard In The Taxation Of Mineral Resources, Barksdale Hortenstine, Gary R. Huffman, J. Andrew Miller

Rowling Books

In Restoring the Economic Interest Standard in the Taxation of Mineral Resources, Hortenstine, Hoffman, and Miller provide an important analysis of the U.S. Fifth Court of Appeals' 2022 decision in Exxon Mobil Corp. v. United States. They argue that the Fifth Circuit failed to adhere to the most basic historical precedent established for the concepts defining the economic interest in a mineral property. The authors examine the development of the federal taxation of natural resources, focusing on the interdependence and interaction of the concepts of economic interest and percentage depletion.

The first part of the book focuses on …

Tsai Today (2024), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

The Quad (The 2024 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Judge Irma Carrillo Ramirez United States Court of Appeals for the Fifth Circuit
• Trailblazer Speaker Series
• Alumna Spotlight: Brittany K. Barnett
• New Scholarship Challenge Initiative Timed with SMU • Dedman Law Upcoming Centennial Anniversary
• Office of Diversity and Inclusion Building Community with a Spirit of Compassion, Connection, and Excellence
• Jurist in Residence: Judge Kent Jordan SMU Dedman School of Law Inaugural Program
• Focus on our Centers Deason Criminal Justice Reform Center, Tsai Center for Law, Science and Innovation, Robert B. Rowling Center for Business Law & Leadership
• Faculty Spotlights Professors Nathan Cortez …

Roberts Rules Of (Dis)Order: Doctrinal Doublespeak On Affirmative Action And Stare Decisis, Vinay Harpalani

SMU Law Review

In this Article, I argue that Chief Justice John Roberts engaged in doublespeak in his SFFA v. Harvard/UNC majority opinion. He essentially overruled Grutter v. Bollinger (2003) but did not admit doing so, and even structured the SFFA opinion as if he was following Grutter’s precedent. My Article considers why Chief Justice Roberts engaged in this “stealth overruling” of Grutter and exposes his doctrinal sleight of hand in doing so. I first consider how Chief Justice Roberts may have been concerned about the Court’s legitimacy in the wake of its ruling in Dobbs v. Jackson Women’s Health Organization (2022)—where it …

Students For Fair Admissions Through The Lens Of Interest-Convergence Theory: Reality, Perception, And Fear, Robert A. Garda Jr.

SMU Law Review

In two cases, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (SFFA), the Supreme Court held that Harvard and UNC violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act in their use of race in their admissions process. This Article examines the SFFA decision through the lens of interest-convergence theory.

This Article is novel in three respects. It is the first article to explain the SFFA decision in-depth. The opaqueness of the decision has led to significant …

Data’S Demise And The Rhetoric Of Sffa, Shakira Pleasant

SMU Law Review

The Supreme Court’s holding that Harvard College’s and the University of North Carolina’s (UNC) “admissions systems” are invalid under the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964 was an anticipated result. The Court’s 2016 decision in Fisher v. University of Texas at Austin (Fisher II), left some speculation that race-conscious admissions could eventually be struck down by the Court; however, Fisher II also offered some guidance for future litigants to address challenges. Colleges and universities needed to use data to “scrutinize the fairness of their admissions programs” to satisfy the …

Racial Classifications In Higher Education Admissions Before And After Sffa, David E. Bernstein

SMU Law Review

Hundreds of law review articles have discussed the legality of affirmative action programs. Virtually all of them begin with the implicit assumption that the racial classifications used in these programs are legitimate and uncontroversial (an assumption I challenge in my 2022 book, Classified: The Untold Story of Racial Classifications In America). That assumption has been undermined by Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (“SFFA”).

Chief Justice Roberts, writing for a 6–3 majority, asserted that the underlying classifications are “imprecise in many ways” and “opaque.” He quoted Justice Gorsuch’s concurring opinion, which criticized the classifications …