Law Commons^™

Eu-Acp Economic Partnership Agreements After Brexit: The (Neglected) Case Of Legitimate Expectations And Fundamental Change Of Circumstances, Regis Y. Simo

The International Lawyer

No abstract provided.

Using The Artemis Accords To Build Customary International Law: A Vision For A U.S.-Centric Good Governance Regime In Outer Space, Walker A. Smith

Journal of Air Law and Commerce

International space law is a relatively undeveloped field primarily occupied by the 1967 Outer Space Treaty (Treaty). This Treaty, while long on general principles, is short on details. With the United States’ recent push to return to the Moon by 2024 and send humans to Mars as soon as practicable after that, the time has come to fill in the gaps of the Outer Space Treaty out of necessity. The U.S. seeks to do this through the Artemis Accords (the Accords).

This Comment argues that the U.S. should use the Accords to develop a U.S.-centric legal and good governance regime …

Keeping Watch From Liftoff To Landing: A Call For Increased Public Education On The Intersection Of Human Trafficking And Commercial Air Travel, Gretchen Mahoney

Journal of Air Law and Commerce

Over the past two decades, multilateral organizations and the U.S. government have fought tirelessly to eradicate human trafficking. Drafting and passing protocols, resolutions, and statutes, these entities attempted to gain the upper hand by collecting and sharing data, bolstering victim services, and training agency officials, law enforcement officers, prosecutors, and judges on the hallmarks of trafficking circumstances. While these efforts delivered results and are cause for celebration, data shows that human trafficking remains deeply established and operative across the world even with these thorough steps.

A crucial venue for exposing and disrupting trafficking operations is the transportation industry. Traffickers exploit …

Tribute To Charles A. Tarpley, Kathlynn Fadely Lear

Journal of Air Law and Commerce

No abstract provided.

“No Waif In The Wilderness”: Contractual Doctrine And The “Self” Versus “State” Imposed Obligation, Tory A. Weigand

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

A Further History Of The Smu Air Law Symposium, Don G. Rushing

Journal of Air Law and Commerce

No abstract provided.

A Heartfelt Remembrance Of Charles Tarpley, C. Paul Rogers Iii

Journal of Air Law and Commerce

No abstract provided.

Achieving Privacy, Anupam Chander, Meaza Abraham, Sandeep Chandy, Yuan Fang, Dayoung Park, Isabel Yu

SMU Law Review

Is privacy a luxury for the rich? Remarkably, there is a dearth of literature evaluating whether data privacy is too costly for companies to implement or too expensive for governments to enforce. This paper is the first to offer a review of the costs of compliance and to summarize national budgets for enforcement. Our study suggests that, while privacy may indeed prove costly for companies to implement and may present a special burden for small and medium-sized businesses, it is not too costly for governments to enforce. Indeed, the European Union, seen as a global champion of privacy, expends less …

“Victims’ Rights” And Diversion: Furthering The Interests Of Crime Survivors And The Community, Miriam Krinsky, Liz Komar

SMU Law Review

Against the backdrop of the prosecutorial reform movement, this Article explores the origins of the tensions between victims’ rights and criminal justice reform efforts and argues that while victims’ rights may be in tension with diversion in some individual cases, the broader needs and interests of crime survivors do not conflict with decarceral diversion and deflection strategies. The Article describes the growing movement toward diversion among reform prosecutors and briefly recounts the history of the victims’ rights movement and “tough-on-crime” politics. The Article then discusses the demographics of crime survivors, who are disproportionately from the communities most harmed by “tough …

Claim Splitting In The New World Of Several Liability And Personal Jurisdiction, Jonathan M. Hoffman

Journal of Air Law and Commerce

General aviation accident litigation has recently become more complicated, with multiple lawsuits filed in multiple venues to litigate the same crash. An informal poll at the Air Law Symposium indicated that a large percentage of the attendees had been involved in such cases.

Two primary forces likely give rise to these multiple lawsuits. First, with the demise of joint and several liability, plaintiffs are often forced to sue more defendants and for defendants to add more third-party defendants. Second, the more rigorous personal jurisdiction standards articulated by the United States Supreme Court in the past decade have tightened both general …

Professor Roy Ryden Anderson, Jennifer M. Collins

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

A Heartfelt Tribute To Jeff Gaba, Julia Patterson Forrester Rogers

SMU Law Review

No abstract provided.

From Protecting Water Quality To Protecting States’ Rights: Fifty Years Of Supreme Court Clean Water Act Statutory Interpretation, Stephen Johnson

SMU Law Review

In 1972, a bipartisan Congress enacted the Clean Water Act “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Almost fifty years have passed since Congress enacted the law, and during that time, the Supreme Court has played a significant role in the administration and evolution of the law. Since the dawn of the environmental era in the 1970s, the Supreme Court has heard more cases involving the Clean Water Act than any other environmental law. However, the manner in which the Court has analyzed the law has changed substantially over the last half century. …

The Constitutional Basis For Inmate Gender Confirmation Surgery, Bryce Couch

SMU Law Review

Transgender refers to “people whose gender identity, gender expression, or behavior does not conform to what is socioculturally accepted as, and typically associated with, the legal and medical sex to which they were assigned at birth.” Despite representing a small percentage of the U.S. population (0.58%), the transgender community is disproportionately represented in the prison system. Studies suggest that one-in-six transgender people (16%) have been incarcerated in their lifetime, compared to 2.8%–6.6% of the general U.S. population. In total, transgender individuals comprise 0.24% of the U.S. prison and jail population.

Unfortunately, research indicates that the prison system is “ill-prepared to …

Tsai Today (2021), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

The U.S.-China Audit Oversight Dispute: Causes, Solutions, And Implications For Hong Kong, Robin Hui Huang

The International Lawyer

No abstract provided.

A Tribute To Professor Jeff Gaba, Joseph F. Guida

SMU Law Review

No abstract provided.

Autonomous Corporate Personhood, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Several states have recently changed their business organization law to accommodate autonomous businesses—businesses operated entirely through computer code. A variety of international civil society groups are also actively developing new frameworks— and a model law—for enabling decentralized, autonomous businesses to achieve a corporate or corporate-like status that bestows legal personhood. Meanwhile, various jurisdictions, including the European Union, have considered whether and to what extent artificial intelligence (AI) more broadly should be endowed with personhood to respond to AI’s increasing presence in society. Despite the fairly obvious overlap between the two sets of inquiries, the legal and policy discussions between the …

Bertillonage In An Age Of Surveillance: Fourth Amendment Regulation Of Facial Recognition Technologies, David C. Gray

SMU Science and Technology Law Review

The Fourth Amendment is a closed hydraulic system. As a general rule, if government conduct is deemed a “search” under the Fourth Amendment, then agents must secure a warrant from a detached and neutral magistrate before engaging in that conduct. There are exceptions, of course, but they just shift the pressure into another valve. Officers who conduct searches based on their own initiative must show not only probable cause, but also good reasons why, in their circumstances, they were not required to get a warrant.

One consequence of these Fourth Amendment hydraulics is a reluctance on the part of the …

Covid-19: Legal Framework For Vaccine Distributions And Mandates, Dana B. Taschner, Ashley Atwood

SMU Science and Technology Law Review

The COVID-19 pandemic has created heightened turmoil for at-risk populations, solidified laws allowing the use of mask mandates, raised legal issues surrounding vaccine mandates, and presented the new issue of a vaccine passport. As a nation, we have failed to implement vaccination schemes that properly protect vulnerable populations. Specifically, the homeless population has been overlooked, creating an additional layer of hardship, and contributing to greater community spread. This article contemplates the various methods by which an equitable vaccination scheme could have been achieved and the division of powers that created complications.

Additionally, the legality of vaccine mandates is discussed, and …

The Art Of Dodging Bullets: How Covid-19 Drug Manufacturers And Providers Plan To Escape Tort Liability, Ruan Meintjes

SMU Science and Technology Law Review

No abstract provided.

Signed, Sealed, Patented?: A Look At The United States Postal Service’S Patent Application For Implementing Blockchain Technology In Mobile Voting Systems, Ethan Todd

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

The Communitarian Deficit In The Usa: Three Telling Cases, Amitai Etzioni

SMU Science and Technology Law Review

Liberal communitarianism suggests that the balance between individual rights and the common good must be adjusted as historical conditions change. Much attention has been paid to violations of rights, e.g., by the police, for good reasons. This Article examines three new technologies that undermine public safety, a key common good, and asks whether they should be banned. The 2020 pandemic revealed that scores of millions of Americans objected, not merely to government mandates to take measures that are likely to spare fellow Americans a severe disease or death, but even to respond to moral calls, especially wearing a mask. This …

Copyright, Pandemics, And Emergencies: When Desperate Times Dictate Contextual Responses, Caroline L. Osborne

SMU Science and Technology Law Review

This article explores fair use, the library exception, the first sale doctrine, and controlled digital lending as responses to copyright in the context of permitting libraries to digitize materials existing exclusively in print in their collection for use in teaching, research, and scholarship by students, faculty, and other patrons. Also included is a decision matrix to be employed as a tool for analysis in making the decisions as to digitization of print resources in response to instances of emergencies.

Abolishing The Communications Decency Act Might Sanitize “Politically Biased,” “Digitally Polluted” And “Dangerously Toxic” Social Media? ― Judicial And Statistical Guidance From Federal-Preemption, Safe-Harbor And Rights-Preservation Decisions, Willy E. Rice

SMU Science and Technology Law Review

Sitting and former U.S. Presidents as well as members of the general public, financial, political and educational institutions use social media. Yet, an overwhelming majority of users, content creators, parents, “conservatives,” “progressives,” Democrats and Republicans distrust social-media owners. Some critics allege that owners “digitally pollute” platforms by encouraging users to post “corrosive, dangerous, toxic and illegal content.” Other critics assert that service providers’ purportedly objective content-moderation algorithms are biased ― discriminating irrationally on the basis of users’ political association, ideology, socioeconomic status, gender and ethnicity. Republicans and Democrats have crafted roughly twenty bills. In theory, the enacted proposals would “sanitize” …

Uncovering The “Realness” Of Cgi Influencers, Samantha Favela

SMU Science and Technology Law Review

No abstract provided.

Can New Fingerprint Technology Help In Solving America’S Problem Of Mass Incarceration For Nonviolent Drug Crimes?, Caroline Rumbolo

SMU Science and Technology Law Review

No abstract provided.