Law Commons^™

Issue Classing--The Express Checkout Of Class Actions, Shaquille Grant

SMU Law Review Forum

No abstract provided.

Online Threats: The Dire Need For A Reboot In True Threats Jurisprudence, John Sivils

SMU Law Review Forum

No abstract provided.

Developing A Law School Course On Presidential Impeachment, Gregory S. Crespi

SMU Law Review Forum

This short essay discusses my motivation for and the process that I went through over the past two years developing a law school course on Presidential Impeachment and related topics. I recommend that those law school faculty members who may have only a modest constitutional law background, but who feel as I do that more sustained discussion of the questions that would be presented by an attempt to remove President Trump from office through impeachment are called for, consider also developing and offering such a course.

I found that through reading a few accessible books and supervising a handful of …

Should Good People Be Doctors? A Comment On Paul Butler And Anonymous, Richard Delgado

SMU Law Review Forum

No abstract provided.

Overwriting And Under-Deciding: Addressing The Roberts Court's Shrinking Docket, Meg Penrose

SMU Law Review Forum

No abstract provided.

The Rise Of The Viewpoint-Discrimination Principle, Lackland H. Bloom Jr.

SMU Law Review Forum

The Supreme Court’s freedom-of-speech jurisprudence is complicated. There are few hard and fast rules. One is that judicially-imposed prior restraints on speech are hardly ever permissible. In recent years, another hard and fast rule appears to have developed. It is that the government may never prohibit speech simply on account of its viewpoint. It remains unclear whether this is a per se prohibition or whether such viewpoint-focused regulation must overcome the all but insurmountable burden of serious strict scrutiny. In any event, any governmental rule that attempts to regulate speech based on its point of view will almost certainly be …

Ag Barr Ruling Puts Asylum Seekers At Deadly Risk, Natalie Nanasi

Faculty Journal Articles and Book Chapters

No abstract provided.

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.

Space, The Final Frontier For Negligence Suits—Why Commercial Space Operators Should Be Liable For Personal Injuries To Space Flight Participants, Andrea Reed

Journal of Air Law and Commerce

The commercial space transportation industry is rapidly approaching the first launches of paying passengers into space—a technological and legal milestone for the maturing sector. Unfortunately, the liability regime governing the relationship between commercial space operators and spaceflight participants inadequately protects private passengers’ safety and financial interests. As part of the Commercial Space Launch Competitiveness Act of 2015 (CSLCA), Congress enacted negligence waiver and informed consent requirements that shift almost all legal liability onto spaceflight participants for death or bodily injury caused by an operator’s negligence. Private citizens should not bear the risk of these accidents.

This Comment argues that Congress …

Pilots Out Of Uniform: How The Sixth Circuit’S Etihad Decision Undermines The Purpose Of The Montreal Convention, J. Collin Spring

Journal of Air Law and Commerce

No abstract provided.

Keeping The “Live” In Live Animal Air Cargo Transport, Noreen Lanza

Journal of Air Law and Commerce

No abstract provided.

Dot Final Rule On Air Charter Brokers: Paving The Way For The “Uberization” Of Private Air Travel, Jet Mcguire

Journal of Air Law and Commerce

No abstract provided.

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, The Honorable Douglas S. Lang, Rachel A. Campbell

SMU Annual Texas Survey

No abstract provided.

Taking An Independent Look At The Air Carrier Access Act: Why No Private Right Of Action Exists, Madison Gafford

Journal of Air Law and Commerce

No abstract provided.

The Quad (The 2019 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating 70 years of international graduate programs

• Law centers amplify cutting-edge programming in criminal justice reform, science and technology, and business leadership

• SMU Law is honored for its commitment to diversity and access to justice

Flying In The Face Of Suspicionless Cell Phone Searches: Fourth Circuit Grants Airline Passengers Heightened Protection From Searches By Customs Officers, Andrea Delorimier

Journal of Air Law and Commerce

No abstract provided.

#Metoo At 35,000 Feet: Reducing The Risk Of In-Flight Sexual Assaults., Ryan Musser

Journal of Air Law and Commerce

According to the U.S. Federal Bureau of Investigation (FBI), reports of minors and women sexually assaulted on flights have risen dramatically in the last few years. It remains unclear whether this is the result of more assaults or an increase in victims’ courage to report as inspired by the #MeToo movement. In any case, America has been given notice of a truly horrifying problem and a lack of any real hope for victims. This Comment suggests that passenger safety can be improved by creating an Offender No-Fly List for those who have been convicted of inflight sexual assaults.

A flight’s …

The 1,500-Hour Rule: When Does Quantity Outweigh Quality?, Andrea Traut

Journal of Air Law and Commerce

No abstract provided.

Geophysical Trespass, Privacy, And Drones In Oil And Gas Exploration, Sean Valentine

Journal of Air Law and Commerce

No abstract provided.

Unmanned But Accelerating: Navigating The Regulatory And Privacy Challenges Of Introducing Unmanned Aircraft Into The National Airspace System, Benjamin Kapnik

Journal of Air Law and Commerce

No abstract provided.

Not In My Backyard: State V. Quiday And Warrantless Aerial Police Surveillance, Hayden Brown

Journal of Air Law and Commerce

No abstract provided.

Deliberative Democracy, Truth, And Holmesian Social Darwinism, Alexander Tsesis

SMU Law Review

No abstract provided.

Bill Bridge: Professor, Mentor, Friend, Polly Rea O'Toole

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

In Honor Of A Lifetime Of Justice Work, William Holston

SMU Law Review

No abstract provided.

Inciting, Requesting, Provoking, Or Persuading Others To Commit Crimes: The Legacy Of Schenck And Abrams In Free Speech Jurisprudence, Larry Alexander

SMU Law Review

No abstract provided.

Maureen Tribute, Michael Foreman

SMU Law Review

No abstract provided.

“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla

SMU Law Review

No abstract provided.

Originalist Reflections On Constitutional Freedom Of Speech, Christopher Wolfe

SMU Law Review

In this brief Article, I would like to offer some reflections on the First Amendment freedom of speech and press guarantee from an originalist perspective. This area seems to me to be one that is particularly difficult for originalists, and I think that there is insufficient acknowledgment of that fact among them.

Tributes To Linda Eads

SMU Law Review

No abstract provided.