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SMU Law Review

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Articles 211 - 240 of 4056

Full-Text Articles in Law

Front Matter Jan 2021

Front Matter

SMU Law Review

No abstract provided.


Howdy, Partner: Challenges With State Takeovers And Charter Partnerships In Texas School Districts, Hannah Luke Jan 2021

Howdy, Partner: Challenges With State Takeovers And Charter Partnerships In Texas School Districts, Hannah Luke

SMU Law Review

Since President Johnson passed the first federal education legislation in the 1960s, lawmakers at both the state and federal level have been searching for effective ways to hold public schools accountable. The 2015 amendments to the Elementary and Secondary Education Act gave states increased flexibility to implement their own innovative accountability measures, and with this newfound authority, Texas passed two laws: House Bill 1842 (HB 1842) in 2015 and Senate Bill 1882 (SB 1882) in 2017. The stringent measures in HB 1842 threaten struggling schools with state takeover if they consistently fail to meet standards, while SB 1882 incentivizes schools …


A Solution To The Murkiness Of Nonparent Visitation Rights In Texas, Morgan Tauscher Jan 2021

A Solution To The Murkiness Of Nonparent Visitation Rights In Texas, Morgan Tauscher

SMU Law Review

To protect parental rights, Texas law presumes that a child’s parent or parents are in the position to make decisions regarding the best interest of their child. However, Texas courts favor granting nonparent visitation rights, even over parents’ objections, if there is sufficient evidence presented by the nonparent to overcome the presumption. Although Texas law is well-established when considering sufficient evidence to overcome the presumption in nonparent child custody cases, courts are inconsistent about the standards and tests involved in nonparent child visitation cases. There are differences between child custody disputes and visitation disputes, such as the level of parental …


First Man And Second Woman: Reflections On The Anniversaries Of Apollo 11 And Cruzan, George J. Annas Jan 2020

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 Jan 2020

Cruzan’S Legacy In Autonomy, Kathy L. Cerminara

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 Jan 2020

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.


A History Of The Law Of Assisted Dying In The United States, Alan Meisel Jan 2020

A History Of The Law Of Assisted Dying In The United States, Alan Meisel

SMU Law Review

No abstract provided.


Beyond Cruzan: Dementia And The Best Interests Standard, Rebecca Susan Dresser Jan 2020

Beyond Cruzan: Dementia And The Best Interests Standard, Rebecca Susan Dresser

SMU Law Review

No abstract provided.


The Legacy Of Cruzan: Balancing The Moral Agency Of Surrogates And The State, Margie Hodges Shaw, Timothy E. Quill, Bernard L. Sussman Jan 2020

The Legacy Of Cruzan: Balancing The Moral Agency Of Surrogates And The State, Margie Hodges Shaw, Timothy E. Quill, Bernard L. Sussman

SMU Law Review

No abstract provided.


Tribute To Professor Vicki Palacios, Jennifer M. Collins Jan 2020

Tribute To Professor Vicki Palacios, Jennifer M. Collins

SMU Law Review

No abstract provided.


Vicki Palacios—An Appreciation, C. Paul Rogers Iii Jan 2020

Vicki Palacios—An Appreciation, C. Paul Rogers Iii

SMU Law Review

No abstract provided.


Jefferson’S Taper, Jeremy N. Sheff Jan 2020

Jefferson’S Taper, Jeremy N. Sheff

SMU Law Review

This Article reports a new discovery concerning the intellectual genealogy of one of American intellectual property law’s most important texts. The text is Thomas Jefferson’s often-cited letter to Isaac McPherson regarding the absence of a natural right of property in inventions, metaphorically illustrated by a “taper” that spreads light from one person to another without diminishing the light at its source. I demonstrate that Thomas Jefferson likely copied this Parable of the Taper from a nearly identical passage in Cicero’s De Officiis, and I show how this borrowing situates Jefferson’s thoughts on intellectual property firmly within a natural law theory …


Up To Interpretation—Highlighting The Texas Supreme Court’S “Ambiguous” Approach To Statutory Construction, Kyle Gromann Jan 2020

Up To Interpretation—Highlighting The Texas Supreme Court’S “Ambiguous” Approach To Statutory Construction, Kyle Gromann

SMU Law Review

No abstract provided.


The Sovereign’S Invisible Grasp: Katzin V. United States And The Case For Nonpossessory Physical Takings, James Kemp Jan 2020

The Sovereign’S Invisible Grasp: Katzin V. United States And The Case For Nonpossessory Physical Takings, James Kemp

SMU Law Review

No abstract provided.


A Particular Social Group In Asylum Proceedings— The Fifth Circuit’S Categorial Ban On Victims Of Domestic Violence, Meagan Maloney Jan 2020

A Particular Social Group In Asylum Proceedings— The Fifth Circuit’S Categorial Ban On Victims Of Domestic Violence, Meagan Maloney

SMU Law Review

No abstract provided.


Moving The Goalposts: Why Congress Should Consider Extending The Nfl’S Antitrust Exemption To The Directv Sunday Ticket Package, Jack Milligan Jan 2020

Moving The Goalposts: Why Congress Should Consider Extending The Nfl’S Antitrust Exemption To The Directv Sunday Ticket Package, Jack Milligan

SMU Law Review

No abstract provided.


Front Matter Jan 2020

Front Matter

SMU Law Review

No abstract provided.


Tribute To Professor Peter Winship, William V. Dorsaneo Iii Jan 2020

Tribute To Professor Peter Winship, William V. Dorsaneo Iii

SMU Law Review

No abstract provided.


A Tribute To Peter Winship—Academic Lawyer Par Excellence, C. Paul Rogers Iii Jan 2020

A Tribute To Peter Winship—Academic Lawyer Par Excellence, C. Paul Rogers Iii

SMU Law Review

No abstract provided.


Margins: Estimating The Influence Of The Big Three On Shareholder Proposals, Caleb Griffin Jan 2020

Margins: Estimating The Influence Of The Big Three On Shareholder Proposals, Caleb Griffin

SMU Law Review

This Article contributes to the growing literature on the influence of index funds on corporate governance by providing new data on index funds’ ownership, voting control, and impact on shareholder proposal outcomes. The Article first presents data on the firm ownership and voting control of the three largest index funds (the Big Three) at Fortune 250 companies. It finds that the Big Three combined are the largest shareholder in 96% of Fortune 250 companies, that Vanguard and BlackRock combined (the Big Two) are the largest shareholder in 94.4% of such companies, and that Vanguard alone (the Big One) is the …


The Pathological Perspective And Presidential Election, Edward A. Hartnett Jan 2020

The Pathological Perspective And Presidential Election, Edward A. Hartnett

SMU Law Review

We live in troubled times, with competing political camps acting like opposing tribes. We live in separate enclaves, get our information from separate sources, and remain inside our own information bubbles. We should bear these divisions in mind as we discuss possible changes to our system of electing the President. The year 2020 began with a presidential impeachment trial, featured at its midpoint a Supreme Court decision holding that a state may require its presidential electors to vote in accordance with that state’s popular vote, and will end with a presidential election. Many think that we should scrap electors and …


Distinctly Claiming An Invention, Karen E. Sandrik Jan 2020

Distinctly Claiming An Invention, Karen E. Sandrik

SMU Law Review

Patent law has a problem. Its foundation rests on the principle that a patent will clearly define its boundaries through its claims—the metes and bounds—yet the very standard for defining the boundaries is unclear. In 2014, the Supreme Court sought to guide courts and the patent bar on the level of precision needed when drafting these claims. Endorsing a “reasonable certainty” standard, the Court had one goal in Nautilus v. Biosig Instruments, Inc.: to give definiteness to the law of patent indefiniteness. Today, instead of a unitary definiteness standard that is applied across all forums of patent adjudication, there are …


The Next "Big Short": Covid-19, Student Loan Discharge In Bankruptcy, And The Slabs Market, Samantha L. Bailey, Christopher J. Ryan Jr. Jan 2020

The Next "Big Short": Covid-19, Student Loan Discharge In Bankruptcy, And The Slabs Market, Samantha L. Bailey, Christopher J. Ryan Jr.

SMU Law Review

Even before the spread of the COVID-19 pandemic, student loan debt—totaling over $1.64 trillion—was a cause for concern, as it is the second largest source of consumer debt in the United States, trailing only mortgage debt. And like collateralized mortgage debt, there is a market for collateralized student debt. Student loan asset-backed securities (SLABS) are the securitized form of student loan debt, repackaged as a marketable financial instrument. As with any investment vehicle, asset-backed securities like SLABS come with risk, particularly when borrowers default on their loans or have their debt discharged through bankruptcy proceedings. However, historically, SLABS have been …


Escaping Doctrinal Lockboxes In First Amendment Jurisprudence: Workarounds For Strict Scrutiny For Low-Value Speech In The Face Of Stevens And Reed, Clay Calvert Jan 2020

Escaping Doctrinal Lockboxes In First Amendment Jurisprudence: Workarounds For Strict Scrutiny For Low-Value Speech In The Face Of Stevens And Reed, Clay Calvert

SMU Law Review

The United States Supreme Court’s 2010 opinion in the crush-video case of United States v. Stevens made it extremely difficult to declare new varieties of low-value speech unprotected by the First Amendment. Five years later, the Court’s sign-ordinance ruling in Reed v. Town of Gilbert made it exceedingly tough for facially content-based regulations imposed on presumptively protected speech to be analyzed by any standard of judicial review less rigorous than the demanding strict scrutiny test. This Article examines how some courts today, despite being hemmed in by the strictures of both Stevens and Reed, are creatively unearthing novel ways to …


The Risks And Rewards Of Shareholder Voting, Bernard S. Sharfman Jan 2020

The Risks And Rewards Of Shareholder Voting, Bernard S. Sharfman

SMU Law Review

The SEC’s recent staff roundtable on the proxy process and its resulting guidance, interpretation, and proposed rules has made shareholder voting the most prominently debated corporate governance issue of recent times. The number of comment letters submitted to the SEC has been voluminous and includes eight submitted by this Article’s author. Yet, the author doubts many of the writers of these letters, except in the context of their political agendas, have really thought deeply about the role shareholder voting plays in the governance of corporations, the collective action problem imbedded in such voting (and how it needs to be managed), …


Cruzan And Surrogate Decision-Making, David Orentlicher Jan 2020

Cruzan And Surrogate Decision-Making, David Orentlicher

SMU Law Review

No abstract provided.


Front Matter Jan 2020

Front Matter

SMU Law Review

No abstract provided.


Remaking The “Right To Die”: Give Me Liberty But Do Not Give Me Death, Janet L. Dolgin Jan 2020

Remaking The “Right To Die”: Give Me Liberty But Do Not Give Me Death, Janet L. Dolgin

SMU Law Review

No abstract provided.


Apologia: A Non-Retirement Tribute To Professor Peter Winship, My Smu Law Colleague Of Over Four Decades, Joseph J. Norton Jan 2020

Apologia: A Non-Retirement Tribute To Professor Peter Winship, My Smu Law Colleague Of Over Four Decades, Joseph J. Norton

SMU Law Review

No abstract provided.


What Is Nonmarriage?, Katharine K. Baker Jan 2020

What Is Nonmarriage?, Katharine K. Baker

SMU Law Review

As rates of cohabitation rise, and marriage becomes a status reserved almost exclusively for socio-economic elites, the scholarly calls for family law to recognize more nonmarital families grow stronger by the day. This Article unpacks contemporary proposals to recognize more nonmarital families and juxtaposes those proposals with family law’s contemporary marital regime. Family law’s status-based system provides a mostly simple and efficient means of distributing resources at the end of a marriage by imposing a formulaic, but distinctly communitarian, non-market-based approach to obligation, entitlement, and value. In full, the Article defends family law’s status-based system for what it does well, …