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Obituary For The Birth Certificate, Malinda L. Seymore Jan 2025

Obituary For The Birth Certificate, Malinda L. Seymore

SMU Law Review

Have birth certificates outlived their usefulness? Birth certificates establish an individual’s name, identity, age, race, sex and gender, parental authority, and citizenship. In addition, the information collected at the time of birth and reflected on a long-form birth certificate provides data for public health policy, population statistics, internal migration, government planning, and resource allocation. Birth certificates are also the all-access pass to American life, necessary for many functions of modern life: registering a child in school, signing a child up for soccer, getting a driver’s license and passport, enlisting in the military, and applying for government benefits. All of this, …


The Future Of Frozen Embryos, Clare Ryan, Benjamin J. Mcmichael Jan 2025

The Future Of Frozen Embryos, Clare Ryan, Benjamin J. Mcmichael

SMU Law Review

he 2024 Alabama Supreme Court decision in LePage v. Center for Reproductive Medicine, which declared frozen embryos to be “children,” represents a significant shift in the legal treatment of in vitro fertilization (IVF) in the United States. This Article examines the context, implications, and potential consequences of LePage for family law, tort law, and access to reproductive technologies. The Article analyzes how this shift could impact disputes over embryo disposition, establishment of legal parentage, and liability for fertility clinics. It also explores the decision’s relationship to broader debates about fetal personhood in the wake of Dobbs v. Jackson Women’s …


The Law Of First Impression, Amy J. Griffin Jan 2025

The Law Of First Impression, Amy J. Griffin

SMU Law Review

Judicial decision-making is governed by a complex web of unwritten operational rules—rules made by judges themselves. Some of these rules, like stare decisis or canons of interpretation, garner endless attention. Others remain unnoticed, becoming entrenched without ever being evaluated.

This Article is the first to identify and evaluate one such category of rules—those governing issues of first impression Public and academic attention is focused almost entirely on judicial fidelity to precedent, not what courts do in its absence. But issues of first impression are decided regularly by all U.S. courts, and the first impression label can have concrete legal effects. …


Front Matter Jan 2025

Front Matter

SMU Law Review

No abstract provided.


Guilty Pleas Matter: Waivers And The Forgotten Solemnity Of A Sacred Process, Julian A. Cook Iii Jan 2025

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 …


Improving Regulatory Notice, Joshua Ulan Galperin, E. Donald Elliott Jan 2025

Improving Regulatory Notice, Joshua Ulan Galperin, E. Donald Elliott

SMU Law Review

Effective notice of law is the cornerstone of any legal system, and yet many federal administrative agencies do not give small businesses, NGOs, and interested citizens notice of the vast amount of new or modified law they produce. They merely publish the text in the Federal Register, which works tolerably well for larger enterprises but not their smaller competitors and citizens’ groups. Despite these facts, few scholars have explored how agencies provide notice of the law. Even fewer have proposed ways that agencies could improve the methods they use for giving more effective notice of significant regulatory changes and …


Agency Capture In Immigration Law, Shalini Bhargava Ray Jan 2025

Agency Capture In Immigration Law, Shalini Bhargava Ray

SMU Law Review

Debates over administrative law doctrine and practice have long occurred in the shadow of agency capture, a phenomenon by which private interests co-opt an agency’s public mission. Scholars posit that capture often operates through the migration of agency personnel to the very industries they previously regulated and vice versa, referred to as the “revolving door.” The tremendous administrative law literature on agency capture, however, has never systematically addressed the potential relevance of capture to immigration regulation and enforcement. Given the vastness of the immigration bureaucracy, the massive annual appropriations it commands, and immigration’s salience in public discourse, the possibility of …


The Homeowner Strikes Back: The Rise Of Antisquatter Laws, Sam Fowler Jan 2025

The Homeowner Strikes Back: The Rise Of Antisquatter Laws, Sam Fowler

SMU Law Review

Beginning in 2024, a host of states across the country began enacting or considering new laws targeting squatting that seek to expedite the removal of squatters. Generally, these antisquatting laws create criminal penalties for squatters, allow sheriffs to remove squatters, and shorten the time for eviction. This wave of legislation is generally attributed to several viral videos and news stories about squatters that seem to game the system by moving into unattended homes, even those where the rightful owners or tenants are living, and then claiming they have a lease. The owners will generally call the police, who are unable …


The Granny Flat Rebellion: Preempting Local Adu Restrictions, Andrew Welch Jan 2025

The Granny Flat Rebellion: Preempting Local Adu Restrictions, Andrew Welch

SMU Law Review

States around the country are increasingly facing the challenge of housing shortage and uncooperative localities attempting to keep developers out of their neighborhoods. The “Not in My Backyard” (NIMBY) groups are not representative of the American desire to create affordable housing, and allowing neighborhoods to dictate national and state policy is ineffective. Accessory dwelling units (ADUs)—small, self-contained residential units on single-family-zoned property—are a cost-effective strategy to expand housing options, promote intergenerational living, and foster economic mobility. This Comment addresses how states can chisel away at the housing crisis and how ADUs may alleviate many of the problems if they are …


Public Projection | What Is Projection?, Kameron Neal, Movement Lab Jan 2025

Public Projection | What Is Projection?, Kameron Neal, Movement Lab

Course Materials

No abstract provided.


Public Projection | Wintersession 2025 Syllabus, Kameron Neal, Movement Lab Jan 2025

Public Projection | Wintersession 2025 Syllabus, Kameron Neal, Movement Lab

Course Materials

In this course, we will create site-specific projections that breathe new life onto the built environment. Working in the lineage of street art and guerrilla performance, we will explore the relationship between art, public space and the communities we inhabit. How is projection a tool of public communication? How can light and movement reshape architecture and human behavior? We will research sites, understand their stories, develop creative interventions, build prototypes and work collaboratively to design ephemeral public installations.


Telegraph Valley Performance, Installation, And Animation, La Samuelson, Movement Lab Jan 2025

Telegraph Valley Performance, Installation, And Animation, La Samuelson, Movement Lab

Personal Work

"My fellowship project culminated in a 10 month exhibition and a series of 5 performances in Miami, presented by Diaspora Vibe Cultural Arts Incubator, the National Performance Network, with support from the RISD Movement Lab and Foundation for Contemporary Arts. The work was also included in Miami Art Week - 2025." – LA Samuelson


What Year Is It?, Kameron Neal, Movement Lab Jan 2025

What Year Is It?, Kameron Neal, Movement Lab

Personal Work

No abstract provided.


Surveillance Studies, Kameron Neal, Movement Lab Jan 2025

Surveillance Studies, Kameron Neal, Movement Lab

Personal Work

No abstract provided.


Stereoscope Studies, Kameron Neal, Movement Lab Jan 2025

Stereoscope Studies, Kameron Neal, Movement Lab

Personal Work

No abstract provided.


Public Projection | Found Footage, Kameron Neal, Movement Lab Jan 2025

Public Projection | Found Footage, Kameron Neal, Movement Lab

Course Materials

No abstract provided.


Public Projection | Typography, Kameron Neal, Movement Lab Jan 2025

Public Projection | Typography, Kameron Neal, Movement Lab

Course Materials

No abstract provided.


Rheology, Kameron Neal, Movement Lab Jan 2025

Rheology, Kameron Neal, Movement Lab

Personal Work

No abstract provided.


Science Learning Centers In Early Childhood Classrooms, Callie Wright, Isabella Whitmore, Dawnita S. Gallo Jan 2025

Science Learning Centers In Early Childhood Classrooms, Callie Wright, Isabella Whitmore, Dawnita S. Gallo

Essays in Education

This manuscript explores the importance of science centers in an early childhood setting. In constructivism, Piaget (1959) clearly states that learning comes from the active role of children’s understanding of the world around them. When interacting with science-based learning materials in preschool, children learn to ask questions to receive new knowledge. According to Piaget’s Cognitive Development theory, children who are actively engaged in group work develop vocabulary skills, critical thinking, and adequate social skills. While engaging in inquiry-based play in the preschool classroom science center, young children learn to interact with one another and the world around them; growing as …


Republicanism In The Age Of Democratic Revolution: The Democratic-Republican Societies Of The 1790s, Matthew Schoenbachler Jan 2025

Republicanism In The Age Of Democratic Revolution: The Democratic-Republican Societies Of The 1790s, Matthew Schoenbachler

History

No abstract provided.


2024-2025 Academic Year Annual Report, Collier Library Jan 2025

2024-2025 Academic Year Annual Report, Collier Library

Collier Library and Information Services

No abstract provided.


Availability And Use Of Digital Technology Among Women With Polycystic Ovary Syndrome: Scoping Review, Pamela J. Wright Phd, Ms, Med, Rn, Cen, Charlotte Burts, Carolyn Harmon, Cynthia F. Corbett Phd, Rn, Faan Jan 2025

Availability And Use Of Digital Technology Among Women With Polycystic Ovary Syndrome: Scoping Review, Pamela J. Wright Phd, Ms, Med, Rn, Cen, Charlotte Burts, Carolyn Harmon, Cynthia F. Corbett Phd, Rn, Faan

Publications

Background: Polycystic ovary syndrome (PCOS) is a common endocrinopathy among women that requires self-management to improve mental and physical health outcomes and reduce risk of comorbidity. Digital technology has rapidly emerged as a valuable self-management tool for people with chronic health conditions. However, little is known about the digital technology available for and used by women with PCOS. Objective: The purpose of this scoping review was to identify what is known about digital technology currently available and used by women with PCOS for PCOS-specific knowledge, self-management, or social support. Methods: The databases PubMed, Embase, CINAHL, and Compendex were searched using …


Front Matter Jan 2025

Front Matter

SMU Law Review

No abstract provided.


Improving Compliance With International Humanitarian Law In An Era Of Maneuver War And Mission Command, Geoffrey S. Corn, Tyler R. Smotherman Jan 2025

Improving Compliance With International Humanitarian Law In An Era Of Maneuver War And Mission Command, Geoffrey S. Corn, Tyler R. Smotherman

SMU Law Review

This Article proposes a new paradigm in international humanitarian law (IHL) to help junior military leaders make ethical combat decisions that are both legally and tactically sound. Driven by the realities of modern maneuver warfare and inspired by the spirit of mission command—a concept that emphasizes quick, decentralized decisions—we propose a new philosophical framework for ethical decision making in ground combat. Specifically, we argue that the traditional balance between the IHL principles of military necessity and humanity is better suited to the detached targeting processes associated with indirect fires and air power than to the split-second decisions required in direct …


Title 18’S Property Conundrum, Karen E. Woody, Joshua L. Clardy Jan 2025

Title 18’S Property Conundrum, Karen E. Woody, Joshua L. Clardy

SMU Law Review

“Property,” in legal terms, carries significant weight. Once an object is heralded as “property,” that object becomes a step closer to being afforded the protections of the Constitution, offered equitable remedies at a court’s disposal, or even subjected to taxation by the state or federal government. Defining an object as “property” also puts it within the reach of the Title 18 property fraud statutes. Title 18’s fraud statutes have been often lauded by federal prosecutors for their “extraordinary utility.” In their current iteration, these statutes criminalize schemes to defraud “money,” “property,” and “the intangible right of honest services.” But what …


Front Matter Jan 2025

Front Matter

SMU Law Review

No abstract provided.


Levels Of Generality, The Limits Of Originalism, And The Supreme Court’S Second Amendment Jurisprudence, Amanda L. Tyler Jan 2025

Levels Of Generality, The Limits Of Originalism, And The Supreme Court’S Second Amendment Jurisprudence, Amanda L. Tyler

SMU Law Review

Just how originalist is the Court’s Second Amendment jurisprudence after United States v. Rahimi? This is perhaps one of the biggest questions left in the decision’s wake. As it turns out, the answer is not altogether clear post-Rahimi. This is because the case produced some seven separate opinions, many of which—even though they agree as to the bottom line—get there by very different paths. This Article suggests that Rahimi, perhaps more than any other recent decision by the Court, underscores the crucial role that levels of generality in constitutional interpretation play, while illustrating the problems with …


The Mutability Of Dangerousness: Domestic Violence And Second Amendment Restoration After Rahimi, F. Lee Francis Jan 2025

The Mutability Of Dangerousness: Domestic Violence And Second Amendment Restoration After Rahimi, F. Lee Francis

SMU Law Review

This Article considers whether the Constitution permits the permanent disarmament of individuals once deemed dangerous—particularly in cases involving domestic violence. In United States v. Rahimi, the Supreme Court reaffirmed that the Second Amendment protects the right of the people to keep and bear arms, subject only to regulation consistent with historical tradition. That tradition, as examined under New York State Rifle & Pistol Association v. Bruen, does not support lifetime bans absent an ongoing threat.

The Article argues that dangerousness is not immutable. Founding-era laws recognized disarmament as a temporary, conditional measure tied to present conduct, not a …


Mckensie Miller, Soprano In A Graduate Recital, 2025 [Program], University Of Northern Iowa. School Of Music. Jan 2025

Mckensie Miller, Soprano In A Graduate Recital, 2025 [Program], University Of Northern Iowa. School Of Music.

Music Recital Programs

Program of a music recitals given by faculty, students, or guest artists from the School of Music at the University of Northern Iowa.


Reimagining Education: Revisiting A Quantitative Study Of Naea Members, Hannah K. Sions Jan 2025

Reimagining Education: Revisiting A Quantitative Study Of Naea Members, Hannah K. Sions

Journal of Social Theory in Art Education

In 2020, (anti)racism, implicit bias, and white supremacy were topics that were becoming highlighted in school systems across the country (Krauth, 2021). However, as stay-at-home orders relaxed, the same educators who were regarded as heroes at the beginning of the pandemic were suddenly criticized for trying to teach anti-racism, equity, and other systemic social issues (Graham, 2021). The inability to acknowledge uncomfortable truths about history has highlighted a major shortcoming of education in the United States: we can continue to teach in ways that we know oppress students from the Global Majority or we can reexamine education and move towards …