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Articles 1171 - 1200 of 10173
Full-Text Articles in Law
Bet On The Field: Why Field Preemption Should Apply To The Federal Aviation Act, Jack Milligan
Bet On The Field: Why Field Preemption Should Apply To The Federal Aviation Act, Jack Milligan
Journal of Air Law and Commerce
One of the primary challenges facing the American aviation industry is the issue of federal preemption. Although Congress has a long history of heavy involvement in regulating the aviation industry, the Federal Aviation Act (FAAct) does not include an express preemption provision, leaving states, courts, and industry members with little guidance about the proper reach of federal and state regulations. The circuit courts are sharply divided on their approaches and answers to this question. The issue of preemption is especially important in the context of aviation manufacturing, where the federal government has prescribed a litany of different safety standards, but …
Targeting In Outer Space: An Exploration Of Regime Interactions In The Final Frontier, Caitlyn Georgeson, Matthew T. Stubbs
Targeting In Outer Space: An Exploration Of Regime Interactions In The Final Frontier, Caitlyn Georgeson, Matthew T. Stubbs
Journal of Air Law and Commerce
Space infrastructure is now integral to both civilian life and warfare. Belligerents may find great military advantage in destroying a satellite in orbit, but this could have grave consequences for civilians on earth and create long-lasting space debris. This Article identifies the applicable law by harmonizing international humanitarian law, human rights law, and international space law. The Authors conclude that targeting a satellite in armed conflict will be permissible only as a measure of last resort, not of first response.
Can We Address Orbital Debris With The International Law We Already Have? An Examination Of Treaty Interpretation And The Due Regard Principle, John S. Goehring
Can We Address Orbital Debris With The International Law We Already Have? An Examination Of Treaty Interpretation And The Due Regard Principle, John S. Goehring
Journal of Air Law and Commerce
India’s controversial anti-satellite test in 2019 provides the United States an opportunity to demonstrate leadership in preventing future debris-generating events. However, new international space laws or norms are unlikely. Instead, the United States could look to the international space law already in place, particularly the due regard principle contained within Article IX of the 1967 Outer Space Treaty (Article IX). Ignored throughout its history, Article IX’s due regard principle has untapped potential. States, through their practice in the application of treaties, can shape the interpretation of treaty provisions in order to accommodate changing circumstances. The United States has experience in …
Genetically Customized Generations—A Need For Increased Regulatory Control Over Gene Editing Technology In The United States, Morgan Mendicino
Genetically Customized Generations—A Need For Increased Regulatory Control Over Gene Editing Technology In The United States, Morgan Mendicino
SMU Law Review
Gene editing technology, once a far-fetched scientific fantasy, has become a tangible reality. One emerging form of gene editing in particular, human germline genome editing, possesses revolutionary capabilities that warrant cautious examination. Recent advancements in research have demonstrated that such biotechnology could be used to alter the genetic makeup of unborn children and the hereditary genes of future generations. This biotechnology may possess the ability to save countless human lives, but we must ask—What happens when the line between preventing disease and “playing God” becomes blurry? Human germline genome editing raises a multitude of widespread and deeply rooted questions surrounding …
Imposing Identity: Why States Should Restrict Infant Intersex Surgery, Laura Sundin
Imposing Identity: Why States Should Restrict Infant Intersex Surgery, Laura Sundin
SMU Law Review
Babies born with sex characteristics that do not “fit typical binary notions of male or female” are as common as babies born with red hair. These newborns may have one of many types of internal or external abnormalities, coined “intersex” conditions, such as having both an ovary and a testicle or having a large clitoris that resembles a penis. Despite their prevalence, the community of children with intersex conditions was stigmatized by prominent psychologists in the 1960s who theorized that to be “normal” the child must grow up with “unambiguous genitalia” and a binary gender identity. This theory caused fear …
Machine Learning And The New Civil Procedure, Zoe Niesel
Machine Learning And The New Civil Procedure, Zoe Niesel
SMU Law Review
There is an increasing emphasis in the legal academy, the media, and the popular consciousness on how artificial intelligence and machine learning will change the foundations of legal practice. In concert with these discussions, a critical question needs to be explored—As computer programming learns to adjust itself without explicit human involvement, does machine learning impact the procedural practice of law? Civil procedure, while sensitive to technology, has been slow to adapt to change. As such, this Article will explore the impact that machine learning will have on procedural jurisprudence in two significant areas—service of process and personal jurisdiction. The Article …
Tweet, Post, Share. . .Get Haled Into Court? Calder Minimum Contacts Analysis In Social Media Defamation Cases, Ellen Smith Yost
Tweet, Post, Share. . .Get Haled Into Court? Calder Minimum Contacts Analysis In Social Media Defamation Cases, Ellen Smith Yost
SMU Law Review
Modern communication has been transformed by ubiquitous social media platforms and near-universal connectivity. Any individual, from any location, can now publish speech to thousands or potentially millions of readers, viewers, or listeners via Twitter, Facebook, Instagram, Snapchat, YouTube, and other social media platforms. For this reason, defamation claims based on social media content are increasingly common. Unfortunately, courts considering these suits lack clear and consistent rules for when a social media post satisfies “minimum contacts” and “fair play and substantial justice,” the due process requirements for exercise of personal jurisdiction over a nonresident defendant. This Comment clarifies minimum contacts analysis …
Tsai Today (2020), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation
Tsai Today (2020), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation
Tsai Today
No abstract provided.
Consumer Protections In The Context Of Holistic Healthcare, Rachel Pauerstein
Consumer Protections In The Context Of Holistic Healthcare, Rachel Pauerstein
SMU Science and Technology Law Review
No abstract provided.
In Re Zhu: Implied Consent To Posthumous Sperm Retrieval, Mary Kathryn Sapp
In Re Zhu: Implied Consent To Posthumous Sperm Retrieval, Mary Kathryn Sapp
SMU Science and Technology Law Review
No abstract provided.
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali
Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali
SMU Science and Technology Law Review
No abstract provided.
Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus
Machines Finding Injustice, Hannah S. Laquer, Ryan W. Copus
SMU Science and Technology Law Review
With rising caseloads, review systems are increasingly taxed, stymieing traditional methods of case screening. We propose an automated solution: predictive models of legal decisions can be used to identify and focus review resources on outlier decisions—those decisions that are most likely the product of biases, ideological extremism, unusual moods, and carelessness and thus most at odds with a court’s considered, collective judgment. By using algorithms to find and focus human attention on likely injustices, adjudication systems can largely sidestep the most serious objections to the use of algorithms in the law: that algorithms can embed racial biases, deprive parties of …
Notice And Choice Must Go: The Collective Control Alternative, Richard Warner
Notice And Choice Must Go: The Collective Control Alternative, Richard Warner
SMU Science and Technology Law Review
Over twenty years of criticism conclusively confirm that Notice and Choice results in, as the law professor Fred Cate puts it, “the worst of all worlds: privacy protection is not enhanced, individuals and businesses pay the cost of bureaucratic laws.” So why is it still the dominant legislative and regulatory approach to ensuring adequate informational privacy online? Recent implementations of Notice and Choice include the European Union’s General Data Protection Regulation, and California’s Consumer Protection Privacy Act. There is a well-known alternative (advanced by Helen Nissenbaum and others) that sees informational privacy as arising from social norms that require conformity …
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer
An Old Technology Solves An Old Problem: Rethinking The “World’S Water Battery”, Will Farmer
SMU Science and Technology Law Review
No abstract provided.
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry
The California Consumer Privacy Act’S Potential Incompatibility With The United States’ Legal And Economic Landscape, Alexandra Henry
SMU Science and Technology Law Review
No abstract provided.
Crispr Parents And Informed Consent, Naomi Cahn
Crispr Parents And Informed Consent, Naomi Cahn
SMU Science and Technology Law Review
No abstract provided.
Crispr And The Future Of Fertility Innovation, June R. Carbone
Crispr And The Future Of Fertility Innovation, June R. Carbone
SMU Science and Technology Law Review
No abstract provided.
Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr.
Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr.
SMU Science and Technology Law Review
No abstract provided.
When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies, Sydney Hope
When Miracle Cures Go Bad: Regulators’ Responses To Unproven Direct-To-Consumer Stem Cell Therapies, Sydney Hope
SMU Science and Technology Law Review
No abstract provided.
Cruzan And The “Right To Die”, Thomas Wm. Mayo
First Man And Second Woman: Reflections On The Anniversaries Of Apollo 11 And Cruzan, George J. Annas
First Man And Second Woman: Reflections On The Anniversaries Of Apollo 11 And Cruzan, George J. Annas
SMU Law Review
No abstract provided.
Cruzan’S Legacy In Autonomy, Kathy L. Cerminara
Remaking The “Right To Die”: Give Me Liberty But Do Not Give Me Death, Janet L. Dolgin
Remaking The “Right To Die”: Give Me Liberty But Do Not Give Me Death, Janet L. Dolgin
SMU Law Review
No abstract provided.
Beyond Cruzan: Dementia And The Best Interests Standard, Rebecca Susan Dresser
Beyond Cruzan: Dementia And The Best Interests Standard, Rebecca Susan Dresser
SMU Law Review
No abstract provided.
Cruzan And The Other Evidentiary Standard: A Reconsideration Of A Landmark Case Given Advances In The Classification Of Disorders Of Consciousness And The Evolution Of Disability Law, Joseph J. Fins
SMU Law Review
No abstract provided.
Cruzan And Surrogate Decision-Making, David Orentlicher
Cruzan And Surrogate Decision-Making, David Orentlicher
SMU Law Review
No abstract provided.