Law Commons^™

Equality, Morality, & Religious Liberty, Mitchell F. Crusto

SMU Law Review Forum

On June 29, 2023, the Supreme Court ruled that the use of a specific race-conscious “tool” in the admission decisions of public and private colleges to achieve diversity is unconstitutional. However, in his nuanced opinion, Chief Justice John Roberts seemed to renew the Court’s commitment to the anti-discrimination vision of the Civil Rights Act of 1964 and its progeny. Furthermore, the Court’s decision provided the possibility of an exception for its stated restriction, that is, for military service academies. Nonetheless, the Court’s ban on a race-conscious tool is expected to have a substantial, negative effect on the application and enrollment …

Donald Trump And The Collapse Of Checks And Balances, David M. Driesen

SMU Law Review Forum

This Essay analyzes Donald Trump’s erosion of checks and balances during his presidency and how President Trump will likely seek to complete their collapse if he regains power. Its First Part shows that congressional willingness to check presidential abuses of power declined during Trump’s presidency and will likely get much weaker in a second term. It also shows that President Trump figured out how to evade checks and balances from Congress in his first term and examines his plans to further usurp congressional powers. Part Two looks at the judicial role in facilitating or checking presidential power through a lens …

Racing To The Polls: A Comparative Analysis Of Election Administration Systems Between The United States And Canada, Anna Kuhlman

The International Law Review Association Student Forum

Federal elections in the United States are conducted almost entirely at the state-level with no assistance from an electoral management body. The current federal election administration procedures lead to lower voter participation rates compared to other industrialized nations, specifically when considering Canada. Canadian federal elections are administered entirely through a national electoral management body, and Canadian voters are subjected to uniform procedures throughout the country. On the other hand, American citizens living in different states have significantly different voting experiences. By comparing the legal frameworks governing voter registration in both countries, this article will explore how processes such as automatic …

Crypto Regulation (And De-Regulation) In The U.S. And E.U. And The Effects Of Each On Consumer Protection And Illicit Transactions, Bella Alonzo

The International Law Review Association Student Forum

The United States and the European Union face a wide disparity in regulation tactics for cryptocurrencies. With the recent rollout of the world’s first comprehensive crypto-asset regulation framework, the EU’s Markets in Crypto Assets Regulation (MiCA) has further exacerbated incongruities with the U.S.’s comparatively hands-off, scattered regulation strategy. The lack of uniform market regulation not only challenges compliance efforts, but it leaves critical gaps that have proved harmful for investors and opportune for criminals. Prioritizing international regulatory harmonization could result in continued growth of digital assets and a safer, more stable global crypto market, but the path forward is tense …

Unprotected Heritage: The Inadequate Safeguarding Of Traditional Knowledge And Cultural Expressions Under Intellectual Property Law And The Trips Agreement, Kennedy Wilson

The International Law Review Association Student Forum

This paper examines the challenges of protecting traditional knowledge and cultural expressions within existing intellectual property frameworks along with the Trade-Related Aspects of Intellectual Property Rights Agreement. While intellectual property law is crucial for protecting creations of the mind, its application to the unique characteristics of traditional knowledge and cultural expressions—often communal, intangible, and spiritually significant—reveals significant inadequacies.

An analysis of copyright, patent, and trademark systems reveals shortcomings in adequately safeguarding traditional knowledge and cultural expressions. Copyright’s emphasis on originality and fixation in tangible form excludes much intangible cultural heritage. Patent systems frequently grant protection without acknowledging traditional knowledge as …

Remote Court Hearings (Past, Present, And Future): Arizona’S Next Steps For A New World To Enhance Access To Justice, Samuel A. Thumma, Marcus W. Reinkensmeyer

SMU Law Review Forum

In this article, the Arizona Supreme Court COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup (“Plan B Workgroup”) provides an update from its prior efforts, building on the Post-pandemic Recommendations: COVID-19 Continuity of Court Operations During a Public Health Emergency Workgroup, 75 SMU LAW REVIEW FORUM 1 (2022). This article focuses on the Plan B Workgroup’s February 2022 Recommended Remote and In-Person Hearings in the Arizona State Courts in the Post-Pandemic World and developments after those Recommendations. The article highlights the consideration and adoption of the Recommendations by the Arizona Judicial Council and the Arizona Supreme Court, …

The Relationship Between Force Majeure Clauses And The Excuse Defenses, Gregory Crespi

SMU Law Review Forum

Many commercial contracts include force majeure clauses that excuse the parties from performing some or all of their obligations upon the occurrence of specified supervening events. The law is unclear as to the proper relationship between such clauses and the assertion of common law or statutory excuse defenses such as impossibility, impracticability, or frustration of purpose with regard to supervening events that are outside of the scope of such clauses. In particular, under what circumstances, if any, should a force majeure clause be regarded as preclusive of these excuse defenses with regard to those supervening events that the clause does …

The President’S Criminal Immunity, Amandeep S. Grewal

SMU Law Review Forum

This Article addresses a monumental question that the Supreme Court will soon decide: does the President enjoy criminal immunity for her official acts? This Article argues that she does.

The potential criminal immunity for official acts has drawn exceptionally sharp critiques. Some scholars believe that the immunity is nonsensical, absurd, or downright offensive. Judge Florence Pan of the D.C. Circuit even posited that criminal immunity would allow the President to murder her political enemies with SEAL Team Six.

This Article shows that the critics are profoundly mistaken. Criminal immunity for a president’s official acts finds a strong foothold in Supreme …

Systemic Racism Transformed To Shalom Justice., Bobby West

Doctor of Ministry Projects and Theses

ABSTRACT

April 27, 2024

SYSTEMIC RACISM TRANSFORMED TO SHALOM JUSTICE

This study examines the pervasive culture of systemic racism in the church and non-church communities and its impact on America. It argues how culture and systemic racism impact marginalized people (particularly African Americans and brown people) through policies and systems related to money, employment, education, health care, etc. Providing a description or argument for systemic racism formation offers a historical context of changes to shalom justice (society race in the image of God), relational and unilateral power with, power to, power within transformation from injustice to Shalom justice. An exploration …

School Leaders Supporting Undocumented Asian And Black Students, Lorena Tule-Romain

Education Policy and Leadership Theses and Dissertations

There are 5.6 million K-12 students who are either undocumented or living with at least one undocumented parent (Passel & Cohn, 2018). In 2021, FWD.us estimated that approximately 620,000 K-12 students are undocumented; 34% of these students migrated from countries in Asia, sub-Saharan African, and Caribbean countries. These students have unique needs in schools, such as support for lower frequency language services, wraparound supports, and classroom curricula that should account for their cultural heritages and traditions. While scholars have conducted research on the largest group of undocumented students, Latinx, existing knowledge of the students coming from Asian and African countries …

Ending Arkansas’ First Appearance Crisis, Malia N. Brink, Pamela R. Metzger, Claire Buetow, Terrence Cain

Deason Center Reports

Arkansas law is clear: every arrested person has the right to an attorney’s help the first time they see a judge. But across the state, people often face a judge at first appearance without a lawyer by their side. Even worse, a shortage of attorneys means people sometimes wait months for a lawyer’s help. The Constitution promises that every person in jail will have access to the courts and to counsel. Yet far too often, Arkansas allows people to languish in jail alone, afraid, and undefended.

This policy brief outlines research-based solutions for Arkansas to honor the Constitution’s promises by …

Protect Trans Kids: A Call To Action, Suzi Goebel

SMU Law Review Forum

The last several years have seen an increasing number of attacks on marginalized groups in the United States, including people of color, women, and members of the LGBTQ+ community. Most recently, some state legislatures have focused their efforts on preventing transgender youth from accessing gender-affirming medical care. Despite a virtually unanimous consensus on the importance and benefits of gender-affirming care, many conservative politicians have taken aim at vulnerable children, standing in the way of potentially life-saving treatment and accusing their families and doctors of child abuse. Laws preventing transgender youth from receiving gender-affirming care are just one battle in the …

International Space Law In A New Space Age: What Laws Will Regulate Space Mining And Nasa’S Gateway Program?, Hannah Kirby

The International Law Review Association Student Forum

Since the late 1960s, international space law has promoted the peaceful use of outer space between countries. But international space law is insufficient to effectively govern novel outer space activities like space mining and NASA’s Gateway Program (a program between several countries to build an international space station that will orbit the moon and conduct missions to Mars). International space law is general, lacks enforceable repercussions, and leaves the door open for countries to create national laws which could result in the commercialization and destruction of celestial bodies like the Moon and Mars. This Comment explores the history of international …

Due Process In Anti-Doping Proceedings Within The International Olympic Committee And Professional Tennis Associations, Katherine Jakeway

The International Law Review Association Student Forum

Today, professional athletes across the globe are subjected to rigorous drug testing in an attempt to eradicate the use of performance enhancing substances in sports. Many professional sports tours, including tennis, work closely with the International Olympic Committee and World Anti-Doping Agency to monitor and address doping violations. Although anti-doping rules are important to the safety of professional athletes, the current enforcement of anti-doping rules creates due process concerns for athletes that test positive for banned substances. This article specifically argues that the strict scrutiny sanction which bans athletes from professional play for even an unknowing or accidental doping violation …

Mitigating Ai’S Harmful Effects In Developing Economies Through Contracting, A.B. Steinberg

The International Law Review Association Student Forum

The global economic community must establish a new organization that helps to create contracting parameters to ensure that AI does not crash economies, namely those in the developing world that are most at risk.

Artificial Intelligence (AI) will revolutionize the global economy. While many debate the ramifications for developed economies, such as the United States, these effects will likely be increased productivity and the loss of jobs across the workforce. This comment argues that these effects will be even more profound in developing nations due to both AI in their direct economies and the downstream effects of automation. The possible …

Raining Hellfire: An Analysis On The Use Of White Phosphorus And Its International Regulation, Shaun Quirk

The International Law Review Association Student Forum

Chemical weapons, biological weapons, nuclear weapons, and substance-infused munitions are not new in the art of war. In fact, accounts of toxins and venoms date back to ancient times when bows and arrows were cutting-edge technology. But the existing frameworks regulating these weapons require immediate and more exacting scrutiny. In late 2023, Hamas reignited a generations-old conflict with Israel through a surprise attack. Shortly thereafter, global headlines reported Israel was deploying white phosphorus—a highly volatile substance—into Gaza. The potential devastation of white phosphorus is shocking, yet the existing legal frameworks governing its use are both ambiguous and overly lenient. This …

Russia And China’S Complicity In North Korea’S Human Rights Violations: Measures The U.S. Should Take To Intervene And Mitigate The Abuse, Cameron Kenyon

The International Law Review Association Student Forum

The complicity of Russia and China in North Korea’s (DPRK) human rights issues is incredibly concerning not only for the safety and well-being of North Korean citizens, but for world-wide security. Both China and Russia facilitate the DPRK human rights abuses by trading with North Korea irrespective of international sanctions, enabling human trafficking of North Koreans who have fled to China, and involuntarily repatriating refugees from the DPRK. Awareness of the DPRK human rights issues and Russia and China’s complicity, as well as active intervention, should be at the forefront of the U.S. human rights policy in order for the …

U.S. International Adoption Subsidies: Shining Light On The Dark History Of The Baby "Black Market", Rachel Briner

The International Law Review Association Student Forum

While international adoption is a beautiful concept in theory, it often leads to dark consequences. From its inception, human trafficking has enabled international adoptions. While the United States alone cannot dismantle the entire baby “black market” and the likely black market for children’s organs intertwined with it, the U.S. can remove its large contribution. By limiting the federal adoption subsidy to only domestic adoptions, the United States can ensure it only aids systems within its control and address the needs of its own children without homes more effectively. Many other authors have also noted various human trafficking and potential organ …

Protection From Warlords & Celebrities: How Anti-Slapp Legislation Is Making International Headway To Protect Free Speech, Olivia Augustat

The International Law Review Association Student Forum

Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly being used by powerful individuals and entities to silence dissent and criticism, posing a significant threat to free speech globally. This misuse of legal systems undermines democratic principles by intimidating those who speak out on matters of public interest. My paper argues for the urgent need for effective Anti-SLAPP legislation, focusing on a comparative analysis of the U.S. and European Union (EU) approaches. While the U.S. has a fragmented but largely pro-defendant framework, the EU is moving toward an arguably vaguer but more unified, cross-border solution. This paper takes a unique approach …

South Asia/Oceania & India, Kavita Mohan, Aseem Chawla, Kriti Jaiswal, Tushar Rustgi, Jonathan Blank, Namrata Patodia Rastogi, Arshad Paku Khan, Ebaad Nawaz Khan, Arunabh Choudhary, Aditi Joshi, Rishabh Rela, Amit Gupta, Katherine Maddox Davis

The Year in Review

No abstract provided.

Middle East, Kelly Blount, Howard L. Stovall, Mamoun Aidoud, Tania Tossa, Hassan Radhi, Noor Radhi, Nicolas Bremer, Joseph Busa Arop, Seyed Mohsen Rowhani, Jeremy Benjamin, Elad Sharabi, Sam Habbas, Ibrahim Sattout, Fouad Debs, Michela Cocchi, Ravinder Singh, Mansoor Malik, Khalid Rehman, Frank Lucente, Yessine Ferah, Anne Bodley

The Year in Review

No abstract provided.

Mexico, Oliver Fernando Buenrostro Figueroa, Bárbara Ávalos García, Matías Medina Sánchez, Susan Burns, Eduardo Sánchez Madrigal, Luis Armendariz, Alan Zamarripa, Ana Sofía Villa Hernández, Enrique García

The Year in Review

No abstract provided.

European Law, James Henry Bergeron, Serj Kiyasov, Matthew Soper, Konstantinos Tsimaras, Harry Stamelos, Valeria Camboni Miller, Willem Den Hertog

The Year in Review

No abstract provided.

Eurasia/Russia, Kimberly Reed, Elena Novikova, Ksenia Tarkhova, Anastasia Sidorenko, Diana Tsutieva, Timur Bondaryev, Oksana Karel, Daryna Hrebeniuk

The Year in Review

No abstract provided.

Central/East Asia And China, Jingbing Li, Yanling Zheng, Wesley Pang

The Year in Review

No abstract provided.

Canada, Jesse Goldman, Julia Webster, Jacob Mantle

The Year in Review

No abstract provided.

Africa, Stella Amanuel Araya, Joseph Arop, Victor Nsoh Azure, Reshma Baig, Twasiima Bigirwa, Anne Bodley, Nicolas Bremer, Michela Cocchi, D. Porpoise Evans, Sara Frazão, Angela Gallerizzo, Laverne Lewis Gaskins, Chileke Sakala, John Mukum Mbaku, Jenny Spencer Medina, Alexandra Meise, Luís Miranda, Beverly Mumbo, Connie Nawaigo, Ricardo Alves Silva, Tania Tossa, Marc Weitz

The Year in Review

No abstract provided.

National Security Law, Geoffrey M. Goodale, Jonathan Meyer, Mario Mancuso, Lucille Hague, Matthew O'Hare, Faith Dibble, Bonnie H. Weinstein, Sergio L. Suarez, Christopher A. Vallandingham, Guy C. Quinlin

The Year in Review

No abstract provided.

Life Sciences & Health Law, Carly M. Toepke, Gerald P. Schneeweis, Andrew J. Bayne

The Year in Review

No abstract provided.

International Human Rights, Shekinah Apedo, Daniel L. Appelman, Jaclyn Fortini Laing, Corinne Lewis, Tschika Mcbean, Constance Z. Wagner

The Year in Review

No abstract provided.