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Articles 271 - 300 of 4056
Full-Text Articles in Law
“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla
“And The Truth Shall Make You Free”: Schenck, Abrams, And A Hundred Years Of History, Rodney A. Smolla
SMU Law Review
No abstract provided.
Falsity And The First Amendment, G. Edward White
Falsity And The First Amendment, G. Edward White
SMU Law Review
This Article considers the extent to which the exclusion of forms of speech from the coverage of the First Amendment has turned on the falsity of statements within the excluded categories. It does so, first, by reviewing the Supreme Court’s early and mid-twentieth century free speech decisions, to demonstrate that none of the principal cases in which the Court swept a particular category of expression within the First Amendment’s coverage involved speech that was false; and, second, by suggesting that when the Court first announced that some “breathing space” was required for factually inaccurate statements about public officials or private …
Originalist Reflections On Constitutional Freedom Of Speech, Christopher Wolfe
Originalist Reflections On Constitutional Freedom Of Speech, Christopher Wolfe
SMU Law Review
In this brief Article, I would like to offer some reflections on the First Amendment freedom of speech and press guarantee from an originalist perspective. This area seems to me to be one that is particularly difficult for originalists, and I think that there is insufficient acknowledgment of that fact among them.
Tribute To Professor Linda Eads, Paul E. Mcgreal
Tribute To Professor Linda Eads, Rebecca A. Gregory
Tribute To Professor Linda Eads, Rebecca A. Gregory
SMU Law Review
No abstract provided.
Tribute To Professor Linda Eads, Melinda Arbuckle
Tribute To Professor Linda Eads, Melinda Arbuckle
SMU Law Review
No abstract provided.
Well Done, Professor Linda Eads, Harriet E. Miers
Well Done, Professor Linda Eads, Harriet E. Miers
SMU Law Review
No abstract provided.
Myth Of The Attorney Whistleblower, Carliss N. Chatman
Myth Of The Attorney Whistleblower, Carliss N. Chatman
SMU Law Review
Notwithstanding the political grandstanding and legal regimes put in place to prevent the next Enron, this article explores whether attorney whistleblower provisions provided in the Standards of Professional Con- duct for Attorneys Appearing and Practicing Before the Commission in the Representation of an Issuer and in the Model Rules of Professional Con- duct are effective. When faced with attorney involvement in Enron, Congress passed § 307 of the Sarbanes Oxley Act (Sarbanes), which required the Securities and Exchange Commission (SEC) to amend its standards governing the conduct of attorneys practicing before the SEC. In response, the SEC and the American …
Tempering Bankruptcy Nondischargability To Promote The Purposes Of Student Loans, John P. Hunt
Tempering Bankruptcy Nondischargability To Promote The Purposes Of Student Loans, John P. Hunt
SMU Law Review
Student loans, unlike other debts, are not dischargeable in bankruptcy unless the debtor starts a special proceeding and proves that repayment would cause “undue hardship.” This requirement probably accounts for the fact that only a tiny fraction of bankrupt debtors succeed in discharging their student loans. This article is the first to make the case that student- loan nondischargeability interferes with achieving the student-loan pro- grams’ goals and to propose solutions that courts and the Department of Education (the Department) can employ under current law.
The article draws on the legislative history of the student-loan programs to establish that they …
Righting The Ship: What Courts Are Still Getting Wrong About Electronic Discovery, Tanya Pierce
Righting The Ship: What Courts Are Still Getting Wrong About Electronic Discovery, Tanya Pierce
SMU Law Review
What happens when law changes but courts and lawyers ignore the changes? On December 1, 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of those amendments includes a sweeping change to Rule 37(e), dealing with the availability of sanctions in federal courts for lost or destroyed electronically stored information (ESI). In the last few years, however, a number of courts have interpreted the amended rule in ways at odds with its plain language and underlying policies, and a surprising number of courts continue to ignore the amended rule altogether. This article examines those trends and …
Delaware Law, Friend Or Foe? The Debate Surrounding Sandbagging And How Delaware’S Highest Court Should Rule On A Default Rule, Seth Cleary
SMU Law Review
No abstract provided.
The Plague Of Net Profits Payments: Possible Texas Solutions And Recommendations, Christopher Gambini
The Plague Of Net Profits Payments: Possible Texas Solutions And Recommendations, Christopher Gambini
SMU Law Review
No abstract provided.
Scoot Over: How Electric Scooters Violate The Ada And What Cities Can Do To Maintain Title Ii Compliance, Jo Ann Mazoch
Scoot Over: How Electric Scooters Violate The Ada And What Cities Can Do To Maintain Title Ii Compliance, Jo Ann Mazoch
SMU Law Review
No abstract provided.
The Blockchain Paradox: Almost Always Reliable, Almost Never Admissible, J. Collin Spring
The Blockchain Paradox: Almost Always Reliable, Almost Never Admissible, J. Collin Spring
SMU Law Review
No abstract provided.
Professor William J. Bridge, Jennifer M. Collins
A Friend And Colleague’S Tribute To Smu’S “Mr. Chips,” Prof. William Bridge, Frederick C. Moss
A Friend And Colleague’S Tribute To Smu’S “Mr. Chips,” Prof. William Bridge, Frederick C. Moss
SMU Law Review
No abstract provided.
Bill Bridge: Professor, Mentor, Friend, Polly Rea O'Toole
Bill Bridge: Professor, Mentor, Friend, Polly Rea O'Toole
SMU Law Review
No abstract provided.
Reminiscing About Bill Bridge And His Remarkable Legacy, C. Paul Rogers Iii
Reminiscing About Bill Bridge And His Remarkable Legacy, C. Paul Rogers Iii
SMU Law Review
No abstract provided.
Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba
Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba
SMU Law Review
Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These requirements arise in contexts that include the right to be forgotten, hate speech,“ terrorist” speech, and copyright and intellectual property. At the same time, these disputes about online speech are increasingly borderless. Many laws targeting online speech and privacy are explicitly extraterritorial in scope. Even when not, some courts have ruled that they have jurisdiction to enforce compliance on a global scale. And governments are also demanding that platforms remove content—on a global …
Tribute To Professor Linda Eads, Jennifer M. Collins
Tribute To Professor Linda Eads, Jennifer M. Collins
SMU Law Review
No abstract provided.
The Clear And Present Dangers Of The Clear And Present Danger Test: Schenck And Abrams Revisited, Ronald J. Krotoszynski Jr.
The Clear And Present Dangers Of The Clear And Present Danger Test: Schenck And Abrams Revisited, Ronald J. Krotoszynski Jr.
SMU Law Review
No abstract provided.
Deliberative Democracy, Truth, And Holmesian Social Darwinism, Alexander Tsesis
Deliberative Democracy, Truth, And Holmesian Social Darwinism, Alexander Tsesis
SMU Law Review
No abstract provided.
Letter To Linda Eads, Senator John Cornyn
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
SMU Law Review
Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole boards to step in to decide criminal penalties without first affording defendants lawful judicial branch sentencing proceedings and sentences. These outside-of-court punishment decisions are occurring in the cases of youthful offenders entitled to sentencing relief under Miller v. Alabama, which outlawed automatic life-without-parole sentences for children. Thus, some Miller-impacted defendants are being sentenced by parole- boards as executive …
A Right To Go Dark (?), David C. Gray
A Right To Go Dark (?), David C. Gray
SMU Law Review
In 2013, reports based on documents leaked by former National Security Agency contractor Edward Snowden revealed committed efforts by federal agencies to develop and deploy data surveillance technologies. These revelations documented the ability of government agencies to monitor internet usage, read the contents of communications, and access data stored in the cloud and on personal devices. These revelations marked a turning point in the public conversation as consumers became aware of the extent to which national security and law enforcement agencies can monitor a wide range of activities in physical and virtual spaces.
The market responded. Technology companies began to …
“Www” Marques The Spot: Privateering As A Solution To Cryptocurrency Theft, Joshua Parisi
“Www” Marques The Spot: Privateering As A Solution To Cryptocurrency Theft, Joshua Parisi
SMU Law Review
No abstract provided.
Antidiscriminatory Privacy, Ignacio Cofone
Antidiscriminatory Privacy, Ignacio Cofone
SMU Law Review
Law often blocks sensitive personal information to prevent discrimination. It does so, however, without a theory or framework to determine when doing so is warranted. As a result, these measures produce mixed results. This article offers a theoretical framework for determining, with a view of preventing discrimination, when personal information should flow and when it should not. It examines the relationship between precluded personal information, such as race, and the proxies for precluded information, such as names and zip codes. It proposes that the success of these measures depends on what types of proxies exist for the information blocked and …