Law Commons^™

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

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

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

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 …

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

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

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

SMU Law Review

No abstract provided.

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

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 …

Front Matter

SMU Annual Texas Survey

No abstract provided.

You’Ve Got Mail—Or Not? The Deepening, Decades-Long Circuit Split Surrounding The Tax Filing Mailbox Rule, Colton Franks

SMU Law Review

Tax filing deadlines have always been a source of anxiety for U.S. citizens, and the law surrounding the subject is equally perplexing. Federal courts developed a mailbox rule to determine whether a document is timely filed through the mail, but the federal circuits did not agree on how it functioned. Congress subsequently passed Section 7502 of the Internal Revenue Code to clear up confusion among the circuits. However, this only sparked a new debate—whether the statute takes the place of the common law mailbox rule or merely adds another avenue for the taxpayer to prove timely filing. This circuit split …

After Identity: Reverse Discrimination, Anti-Essentialism, And The Future Of Title Vii, Maayan Sudai, Lihi Yona

SMU Law Review

This Article argues that the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services marks a turning point in Title VII’s long-standing struggle with identity. By striking down the “background circumstances” rule, a doctrine that required majority-group plaintiffs to meet a heightened evidentiary burden, the Court appeared at first glance to reaffirm its steady march toward strict anticlassification. We offer a different reading. We contend that Ames gestures toward a third, overlooked normative framework within antidiscrimination law: anti-essentialism. This framework, rooted in feminist, critical race, and queer theory, rejects both the rigidity of anticlassification and the categorical …

The Neuroscience Of Evidentiary Rules: The Case Of The Present Sense Impression, Christopher S. Sundby

SMU Law Review

The Federal Rules of Evidence (FRE) play a critical role in federal trials by determining what evidence the jury will be allowed to hear. Nonetheless, the rules are largely premised on untested psychological assumptions. The Present Sense Impression Rule (PSIR), for example, is an exception to the general ban against hearsay based on the assumptions that statements about contemporaneous events have fewer memory errors; are less likely to be lies; and, when they are lies, that listeners are better able to detect the lie than if the declarant has had time to prepare.

The rule, in other words, is based …

Socially Responsible Ai In The Gpt Era, Yussuf A. Aleem

SMU Law Review

Recent advancements in artificial intelligence (AI) showcase its rapid evolution and promise, with the potential to profoundly transform decision-making, self-expression, and even the practice of law. However, AI also presents formidable challenges, including the further entrenchment of societal inequalities, widespread labor disruption, and existential threats to humanity. Modern AI systems show early signs of general intelligence, enabling them to perform a wide range of tasks beyond those of chatbots in both virtual and physical environments. Despite industry assurances of responsible AI development, these technologies are easily exploited and often exhibit troubling behaviors that even their creators struggle to understand.

This …

Symposium Preface, Madeleine Nelson

SMU Law Review

No abstract provided.

Ready Or Not: How Congressional Dysfunction And Loper Bright Enterprises V. Raimondo Will Shift U.S. Regulation Of Emerging Technologies To The Federal Bench, Michelle Benedetto Neitz

SMU Law Review

This Article is the first in legal academic literature to consider how the power shift generated by Congressional dysfunction and the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo will affect emerging technology law. Power is moving toward the judicial branch of government— and away from the legislative and executive branches. As a result, federal courts will now take a leading role in the evolution of emerging technology law in the United States.

Unfortunately, the federal judiciary is not prepared for this new era. Drawing from the information processing theory, this Article explains why federal judges will be deciding …

Collegiate Athletes’ Name, Image, And Likeness As A Constitutionally Protected Interest, Josh Lens

SMU Law Review

Courts have long held that collegiate athletes’ athletics participation does not constitute a liberty or property interest afforded constitutional due process protection. Thus, universities, athletics departments, and coaches generally have not had to provide much process when suspending athletes from their teams for disciplinary reasons, for example.

Recently, however, college athletics’ primary governing entity—the National Collegiate Athletics Association (NCAA)—altered its longstanding rules to permit athletes to accept remuneration from third parties for the use of their names, images, and likenesses. This newfound ability has significantly benefited athletes in college athletics’ transformative name, image, and likeness (NIL) era.

This Article examines …

Wills & Trusts, Gerry W. Beyer

SMU Annual Texas Survey

This Article discusses developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the Survey period of December 1, 2023, through November 30, 2024. The reader is warned that not all cases decided during the Survey period are presented, and not all aspects of each case is analyzed. You must read and study each case’s full text before relying on it or using it as precedent. The discussion of most cases includes a moral, that is, the important lesson to be learned from the case. By recognizing situations that resulted in time- …

Texas Business Court, Byron F. Egan

SMU Annual Texas Survey

No abstract provided.

Roaring Skies: The Law Of Supersonic Commercial Flight And Arguments For Its Return, Caleb S. Dorris

Journal of Air Law and Commerce

The prospect of supersonic commercial flight is no longer confined to history; it is reemerging as a viable transportation model in the 21st century. With major airlines placing orders for next-generation supersonic aircraft and regulatory agencies, including the Federal Aviation Administration (FAA) and the International Civil Aviation Organization (ICAO), reconsidering longstanding restrictions, the return of supersonic flight is imminent. This article examines the legal, regulatory, and policy considerations that have shaped supersonic aviation’s trajectory and explores the challenges that remain for its full reintroduction into global airspace.

First, this article surveys the historical rise and fall of supersonic passenger aviation, …

Airplane!: Does The Federal Aviation Act Preempt State Law Design Defect Claims?, Max Birmingham

Journal of Air Law and Commerce

Which level of government—state or federal—has jurisdiction to set safety standards for aviation defect design is a nuanced issue. Generally speaking, federal law preempts state law in this context by occupying the field through a regulatory scheme that permeates aviation safety. The Federal Aviation Act of 1958 (FAAct) confers its namesake agency—the Federal Aviation Administration (FAA)—the powers to prescribe the “minimum standards required in the interest of safety.” The word “minimum” has been seized upon by those on the state side of the debate to advocate that it means the floor. And they contend that those in the Union have …

Air Strikes In Myanmar - An Analysis Under International Law, Jacob Davis

Journal of Air Law and Commerce

Since the Russian invasion of Ukraine in 2022, and the reignited Israel-Palestine conflict in 2023, international law regulating the use of air power has been put to the test. The use of air strikes in civilian areas has put this shortcoming at the forefront of conversation about the use of force, and what constitutes a war crime in modern conflict.

This conversation has centered around the two aforementioned conflicts but has left other international disputes out of the discussion. In particular the civil war in Myanmar, a bloody conflict which follows decades of ethnic violence, political stratification, and a successful …

Let’S Jettison Some Executive Perks: Exploring The Sec And Irs Approaches To Personal Use Of Corporate Aircraft, Christine Lane

Journal of Air Law and Commerce

In 2023, 46% of the S&P 500 companies provided personal use of corporate aircraft to their chief executive officers, and 31% provided this perk to other named executive officers. This type of executive compensation has notoriously garnered much attention from the media, given the large amount of investor money spent on personal travel and the environmental impacts of flying private. In addition, the line between personal travel and business travel is often blurred, and the media has tracked flight paths of corporate aircraft to speculate that some flights may be incorrectly categorized as business trips when the jets land and …

History's Identity Crisis, Allison Orr Larsen

SMU Law Review

Lower court judges across the country are struggling to manage the Supreme Court’s new “history and tradition” test that applies to Second Amendment challenges. This Article articulates one fundamental reason for the struggle: nobody is quite sure what a judge is actually doing when she evaluates claims about what happened in the past. Is it traditional legal reasoning—weighing evidence and looking for patterns? Is it fact-finding of the sort we think expert historians should testify about—conveying to a trial judge the best evidence we have about the purpose of colonial gun laws? Or is it a different sort of fact-finding—generalized …

A Tribute To Dean C. Paul Rogers Iii, Michael J. Truncale

SMU Law Review

No abstract provided.

Tsai Today (2025), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

Rowling Record 2025, The Robert B. Rowling Center For Business Law & Leadership

Rowling Record

No abstract provided.

The Quad (The 2025 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating a Century of Legal Excellence
• Dedman Family Honored
• Jurist in Residence: Chief Judge Jeffrey Sutton
• International Alumni Spotlight: Mauricio Celis '19
• Honoring Chief Justice Nathan L. Hecht '74
• Trailblazer lecture series
• Faculty Spotlights: Professors Hillel J. Bavli, Christine Hurt, Marc I. Steinberg, and Jenia Iontcheva Turner

Bankruptcy & Commercial Law, Sally Mcdonald Henry

SMU Annual Texas Survey

This Article analyzes and discusses cases—arising from the U.S. Court of Appeals for the Fifth Circuit, the Bankruptcy Courts in Texas, the Texas Supreme Court, and the Texas Courts of Appeals—that resolved some fascinating and important issues in the areas of bankruptcy and commercial law during this Survey period.