Digital Commons Network^™

International Trade, Brian Bombassaro, Tessa Capeloto, Sylvia Y. Chen, Dharmendra Choudhary, Shane T. Devins, Laura El-Sabaawi, Cynthia Galvez, Geoffrey Goodale, Sahar Hafeez, Alexandra Landis, Ying Lin, Elizabeth Lee, Cynthia Liu, Diane Macdonald, Yujin K. Mcnamara, David Sella-Villa, Sarah Sprinkle

The Year in Review

No abstract provided.

International M&A And Joint Ventures, Renata Antiquera, Alexandre Beçak David, Gordon N. Cameron, Elyse Velagic, Francisco Ugarte, Luciano Aguilera, Dr. Hermann J. Knott, Alessandra Tarissi De Jacobis, Claudio Corba Colombo, Eva Das, Frederik De Hosson, Vassily Rudomino, Anton Dzhuplin, Amgad T. Husein, Jonathan Burns, Adrienne Ellman, Joseph J. Basile

The Year in Review

No abstract provided.

International Antitrust, Miguel Del Pino, Elizabeth M. Avery, Sally Kirk, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Ann Grelier, Peter Camesasca, Vinod Dhall, Mansi Tewari, Shigeyoshi ., Youngjin Jung, Anderson Mori & Tomotsune, Gina Jeehyun Choi, Lara Granville, Jonathan Tickner, Jasvinder Nakhwal, Lisl Dunlap

The Year in Review

No abstract provided.

Export Controls And Economic Sanctions, John Boscariol, Patrick Briscoe, Robert Glasgow, Geoffrey Goodale, Christopher Stagg, Maria Van Wagenberg, Lawrence Ward

The Year in Review

No abstract provided.

Customs Law, Geoffrey Goodale, Jennifer Horvath, Greg Kanargelidis, Daniel L. Kiselbach, Matt Nakachi, Rebecca Rodriguez, Ruta Riley, Zachary Silver, Jamie Wilks, Vicki Wu, Clinton Yu

The Year in Review

No abstract provided.

A Festival Of Form: Score, Anthony Elia

Bridwell Library Research

"A Festival of Form" was both an event at Bridwell and Perkins School of Theology and a conceptual piece of music that lasted several days. In this rendering, the "piece of music" was articulated in a fluid combination of activities that included works by other composers, including John Cage. The activities involved--from lectures, conversations, and meals to actual performances of both short works and especially the world-record breaking rendition of "Organ2/ASLSP" played by Christopher Anderson--comprise the entirety of "A Festival of Form" as performance piece. The challenge of this work is that unlike nearly any other music, it is purposely …

The Dreams And Consequences Of Literary Geography: Or, Does Literature End At The Interstate?, Anthony Elia

Bridwell Library Research

Looking at the idea of how writers are connected to space, place, and land, especially within the context of cities or states, this essay explores the notion of how boundaries are determined in describing writers and how useful this is.

Reproductive Originalism: Why The Fourteenth Amendment's Original Meaning Protects The Right To Abortion, David H. Gans

SMU Law Review Forum

The conventional wisdom among conservative originalists is that Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey are abominable rulings unmoored from the text and history of the Constitution. In the eyes of conservative originalists, the Supreme Court created the right to abortion out of whole cloth, without a shred of support from the Constitution’s text.

These so-called originalists are deeply misguided. As this Essay shows, the text and history of the Fourteenth Amendment, in fact, protect unenumerated fundamental rights, including rights to bodily integrity, to marry and have a family, and to reproductive liberty. The right to …

Finding God On The Indian Road: Exploring The Intersectionality Between Native American And Christian Spiritual Living, Chad Johnson

Doctor of Ministry Projects and Theses

Drawing on the long and arduous history between the Indigenous people of the United States and the Christian church that colonists brought to them, this project works to address the harmful relationship of the past to establish a foundation for moving forward in a spirit of respect and reverence for Native American spiritual practices that have much to offer the Christian world of spiritual living. For centuries these two deeply spiritual worlds were told that they could not and would not co-exist. This project then draws deep attention to ways Native American spiritual practices have been misappropriated and trivialized over …

Geochemical Sourcing Of Obsidian Artifacts From Archaeological Surveys In The Taos Area, New Mexico, Report #2: The Helen Blumenschein Collection, Matthew Boulanger

Anthropology Research

No abstract provided.

Judging Biden, John P. Collins Jr.

SMU Law Review Forum

It would have been easy for President Joe Biden to approach judicial appointments (and, particularly, circuit court appointments) the same way as the Administration he served as Vice President. Like President Obama, President Biden inherited a country in turmoil. A deadly pandemic had killed nearly 400,000 Americans. Necessary quarantine orders shuttered schools and businesses, and ground the economy to a halt. Partisan tensions were still raging, culminating in the violent storming of the Capitol by right-wing insurrectionists. People needed the vaccine, economic relief, and a return to some semblance of normalcy. Also, like President Obama (and thanks to President Trump), …

The Decline Of Natural Law And The Rise Of Exclusive Positivism, Bill Watson

SMU Law Review Forum

Stuart Banner’s The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why They Stopped addresses a “fundamental change in American legal thought that took place in the late 19th and early 20th centuries.” Prior to this change, lawyers routinely relied on natural law in their arguments, and judges took those arguments seriously. Natural law gave judges “a reservoir of principles. . .to draw upon” in cases that positive law could not cleanly resolve, which made it easy to see judges as discovering law in those cases. After the change, however, natural law dropped out of the …

Endogenous, Exogenous And Existential Risk-New Global Solutions, G. A. Walker

The International Lawyer

No abstract provided.

The Paris Climate Agreement And Bederman's Six Myths About International Law And International Legal Practice, Markus G. Puder

The International Lawyer

No abstract provided.

Access To Counsel For Defendants In Lower Criminal Courts, Alyssa M. Clark, Andrew L. B. Davies, Karise M. Curtis

Other Deason Center Publications

Criminal defendants unable to afford an attorney are entitled to one for free in the United States, but how and when they obtain access to that lawyer is another question. We examine judicial attitudes and behavior in granting access to counsel in areas where logistics are particularly forbidding. Based on survey responses from 1,091 magistrate judges presiding in lower criminal courts in suburban and rural jurisdictions in upstate New York, we describe both the procedures used to determine defendants' financial eligibility for free counsel, and the logistical challenges that surround securing the physical presence of a lawyer at the first …

Justice For All: A Collection Of New Empirical Research On Indigent Defense, Andrew L. B. Davies, Janet Moore

Other Deason Center Publications

This article is the introduction to a special issue of Justice System Journal focused on empirical research on indigent defense. The introduction summarizes the seven studies included in the issue, which examine indigent defense from the perspectives of clients, defense attorneys, judges, and legal systems. Together, the articles aim to improve understanding of how indigent defense works in practice and how it can better serve the people it is meant to protect.

Trade In Value Added In Gross Exports: A Better Metric For Understanding Texas-Mexico Trade Flows, Noé Arón Fuentes, Alejandro Brugués, Gabriel González-König, Melissa Floca

Mission Foods Texas-Mexico Center Research

The purpose of this research is to calculate the value-added trade between Texas and Mexico. We argue that a better metric to understand trade flow should be based on value added. U.S. trade deficit with Mexico only reflects gross trade and does not accurately portray the complexities of commercial flows between the two countries. Given that Mexico is Texas' most important trading partner, the transformation of gross trade into value-added trade flows will provide a clearer understanding of this important relationship.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Use Of Law To Address Space Debris Mitigation And Remediation: Looking Through A Science And Technology Lens, Annie Handmer, Steven Freeland

Journal of Air Law and Commerce

Increasingly over the past six decades, space exploration and technology have revolutionized the world we live in. The landscape in outer space has continued to evolve rapidly, presenting new challenges for a much slower moving legal framework as well as for peaceful uses of space more generally. In particular, space debris has emerged as a pressing global threat. In response, states have shifted towards a more informal two-pronged approach to outer space, as reflected by non-binding instruments adopted by the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), along with the development of technologies that aim to …

Put Away The Duct Tape And Bring Out The Prosecution: Combating The Unruly Passenger Crisis By Improving Federal Enforcement Procedures, Michael Mccluskey

Journal of Air Law and Commerce

Unruly passengers aboard commercial flights have become a critical issue for consumer airliners, federal agencies, and other key commercial aviation stakeholders. In the past few years, unruly passenger confrontations rose exponentially. Through a patchwork of Federal Aviation Administration (FAA) regulatory fines, civil penalties, and criminal sanctions, there are enforcement measures available to combat unruly passengers. However, this complex mix of regulations and statutes fails to clearly outline which agencies will be responsible for which types of conduct and what the appropriate penalty will be. Not only does this tangle of enforcement measures confuse and hinder prosecution of unruly passengers, it …

Lights, Camera, Action . . . As Long As You Live In The Proper Circuit: An Analysis Of The Circuit Split Concerning Civilians’ First Amendment Right To Record Police Officers, Chloe Cornett

SMU Science and Technology Law Review

While the United States Circuit Courts are not required to keep their precedents in synch, there are times when they should be. So-called “circuit splits” arise when the circuit courts divide themselves in a way that creates two competing schemes of caselaw. The core question of the split addressed in this Comment is whether or not there is an established First Amendment right for civilians to record police officers in public and, if so, whether that right ultimately defeats the doctrine of qualified immunity. The majority of circuits hold there is, while the minority point of view holds there is …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Epistemology In Heterodox Economics?, Bret N. Bogenschneider

SMU Science and Technology Law Review

The epistemology of Heterodox Economics has been described as a type of methodological pluralism where its relativism is taken as consistent with new versions of science. However, methodological pluralism has severe drawbacks as a means of inquiry. Whereas Economics is often understood in positivist terms as a closed set, Heterodox Economics includes additional concepts and methods. As an open set of ideas, Heterodox Economics is a means to doubt or to not-know and comprises Einfühlung or the creative intuition for the introduction of new ideas into the epistemology of Economics.

Tsai Today (2022), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Addressing Big Tech’S Market Power: A Comparative Institutional Approach, Thomas A. Lambert

SMU Law Review

This Article provides a comparative institutional analysis of the three leading approaches to addressing the market power of large digital platforms: (1) traditional antitrust law, the approach thus far taken in the United States; (2) ex ante conduct rules, the approach embraced by the European Union’s Digital Markets Act and several bills under consideration in the U.S. Congress; and (3) ongoing agency oversight, the approach embraced by the United Kingdom with its newly established “Digital Markets Unit.” After identifying the general advantages and disadvantages of each approach, the Article examines how they are likely to play out in the context …

A Functional Approach To Agency (In)Action, Lidiya Mishchenko

SMU Law Review

In the last five years, the Supreme Court has had a frenzied approach to judicial review of agency action, with two wings of the Court pulling it in opposite directions. The ideological divide of the Court on deference to agency action was on stark display in three recent cases dealing with the Patent and Trademark Office’s (PTO’s) new proceeding for reevaluating issued patents (inter partes review (IPR)). Specifically, in three vacillating opinions, the Court expanded, contracted, and then again expanded the scope of whether and to what extent a decision by the PTO Director to institute this new proceeding can …

Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman

SMU Law Review

The Texas Heartbeat Act (SB8) prohibits abortions following detection of a fetal heartbeat, a constitutionally invalid ban under current Supreme Court precedent. But the law adopts a unique enforcement scheme—it prohibits enforcement by government officials in favor of private civil actions brought by “any person,” regardless of injury. Texas sought to burden reproductive-health providers and rights advocates with costly litigation and potentially crippling liability.

In a series of articles, we explore how SB8’s exclusive reliance on private enforcement creates procedural and jurisdictional hurdles to challenging the law’s constitutional validity and obtaining judicial review. This piece explores defensive litigation, in which …

Front Matter

SMU Law Review

No abstract provided.