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SMU Law Review

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Articles 511 - 540 of 4056

Full-Text Articles in Law

Rule Of Legal Rhetoric, Geoffrey C. Hazard Jr. Jan 2014

Rule Of Legal Rhetoric, Geoffrey C. Hazard Jr.

SMU Law Review

No abstract provided.


Foreword: A Short Biography Of The Civil Rights Act Of 1964, Kenneth W. Mack Jan 2014

Foreword: A Short Biography Of The Civil Rights Act Of 1964, Kenneth W. Mack

SMU Law Review

No abstract provided.


America, Land Of The Free And Home Of The Bullies: An Argument For Workplace Bullying Laws In Professional Sports, Cathryn Copeland Wood Jan 2014

America, Land Of The Free And Home Of The Bullies: An Argument For Workplace Bullying Laws In Professional Sports, Cathryn Copeland Wood

SMU Law Review

No abstract provided.


The 2014 Smu Criminal Justice Colloquium: An Introduction, Meghan J. Ryan, Jenia I. Turner Jan 2014

The 2014 Smu Criminal Justice Colloquium: An Introduction, Meghan J. Ryan, Jenia I. Turner

SMU Law Review

No abstract provided.


Dedication, Guido Calabresi Jan 2014

Dedication, Guido Calabresi

SMU Law Review

No abstract provided.


The Kadi Saga And The Rule Of Law Within The Eu, Koen Lenaerts Jan 2014

The Kadi Saga And The Rule Of Law Within The Eu, Koen Lenaerts

SMU Law Review

No abstract provided.


Terrible Tools For Prosecutors: Notes On Senator Leahy's Proposal To Fix Skilling V. United States, Albert W. Alschuler Jan 2014

Terrible Tools For Prosecutors: Notes On Senator Leahy's Proposal To Fix Skilling V. United States, Albert W. Alschuler

SMU Law Review

No abstract provided.


Ineffable Intuition And Unreasonable Suspicion: Our Rule Of Law Failure, John Sexton, Justin Sommerkamp, Justin Martin Jan 2014

Ineffable Intuition And Unreasonable Suspicion: Our Rule Of Law Failure, John Sexton, Justin Sommerkamp, Justin Martin

SMU Law Review

No abstract provided.


Clues Of Integrity In The Legal Reasoning Process: How Judicial Biographies Shed Light On The Rule Of Law, Harvey Rishikof, Bernard Horowitz Jan 2014

Clues Of Integrity In The Legal Reasoning Process: How Judicial Biographies Shed Light On The Rule Of Law, Harvey Rishikof, Bernard Horowitz

SMU Law Review

No abstract provided.


The American Bar Association And The Rule Of Law, James R. Silkenat Jan 2014

The American Bar Association And The Rule Of Law, James R. Silkenat

SMU Law Review

No abstract provided.


A Brief Primer On The Rule Of Law In Multistate Systems, Anthony J. Colangelo Jan 2014

A Brief Primer On The Rule Of Law In Multistate Systems, Anthony J. Colangelo

SMU Law Review

This brief symposium piece on "The Rule of Law" asks the present international system a simple but urgent question. If we take seriously rule of law criteria in a single state, should we also take seriously these criteria in multistate systems? I believe we should, and for fundamentally the same reasons we take these criteria seriously in a single state. Criteria that law be promulgated, publicized, prospective, intelligible, consonant (not contradictory), consistent, possible to comply with, and congruent between what it says and how it is administered, not only ensure legal actors can fairly comply with the law but also …


Bearing The Burden Of Denial: Observations Of Lower Court Decisions Misapplying Supreme Court Precedent In Second Amendment Cases, Alex Ploor Jan 2014

Bearing The Burden Of Denial: Observations Of Lower Court Decisions Misapplying Supreme Court Precedent In Second Amendment Cases, Alex Ploor

SMU Law Review

No abstract provided.


Empiricism, Experimentalism, And Conditional Theory, Victoria Frances Nourse, Gregory C. Shaffer Jan 2014

Empiricism, Experimentalism, And Conditional Theory, Victoria Frances Nourse, Gregory C. Shaffer

SMU Law Review

No abstract provided.


Qualified Immunity And Privacy-The Fifth Circuit Finds That Students Have No Clearly Established Right To Confidentiality In Their Sexual Orientation, Michael Sheetz Jan 2014

Qualified Immunity And Privacy-The Fifth Circuit Finds That Students Have No Clearly Established Right To Confidentiality In Their Sexual Orientation, Michael Sheetz

SMU Law Review

No abstract provided.


Strict Liability In The Shadow Of Juries, Darryl K. Brown Jan 2014

Strict Liability In The Shadow Of Juries, Darryl K. Brown

SMU Law Review

No abstract provided.


Front Matter Jan 2014

Front Matter

SMU Law Review

No abstract provided.


Sarah Tran's Inspiring Optimism, Peter Menell Jan 2014

Sarah Tran's Inspiring Optimism, Peter Menell

SMU Law Review

No abstract provided.


The Nacirema Revisited, Jeffrey D. Kahn Jan 2014

The Nacirema Revisited, Jeffrey D. Kahn

SMU Law Review

In 1956, anthropologist Horace Miner published the article for which he is best known, "Body Ritual among the Nacirema." This short but groundbreaking essay described personal rituals practiced by a fascinating but poorly understood people. Inspired by Miner's work and based on close-quarters field research, this essay revisits the strange world of the Nacirema. Two of the more "legal" features of their society are explored: (1) what might be termed the higher-order constitutional design of their society, and (2) the mechanisms of day-to-day maintenance of their social order.


Front Matter Jan 2014

Front Matter

SMU Law Review

No abstract provided.


The Exclusionary Rule As A Symbol Of The Rule Of Law, Jenia I. Turner Jan 2014

The Exclusionary Rule As A Symbol Of The Rule Of Law, Jenia I. Turner

SMU Law Review

Throughout South America, Southern and Eastern Europe, and East Asia, more than two dozen countries have transitioned to democracy since the 1980s. A remarkable number of these have adopted an exclusionary rule (mandating that evidence obtained unlawfully by the government is generally inadmissible in criminal trials) as part of broader legal reforms. Democratizing countries have adopted exclusionary rules even though they are not required to do so by any international treaty and there is no indication that there is widespread popular demand for such rules. This has occurred at a time when the rule has been weakened in the United …


Rule Of Law, Standards Of Law, Discretion And Transparency, Eleanor M. Fox Jan 2014

Rule Of Law, Standards Of Law, Discretion And Transparency, Eleanor M. Fox

SMU Law Review

No abstract provided.


Patent Law - System Claim Patent-Eligibility After Accenture Global Services, Gmbh V. Guidewire Software, Inc., Samuel Bragg Jan 2014

Patent Law - System Claim Patent-Eligibility After Accenture Global Services, Gmbh V. Guidewire Software, Inc., Samuel Bragg

SMU Law Review

No abstract provided.


After Kiobel: An Essential Step To Displacing The Presumption Against Extraterritoriality, Bryan M. Clegg Jan 2014

After Kiobel: An Essential Step To Displacing The Presumption Against Extraterritoriality, Bryan M. Clegg

SMU Law Review

No abstract provided.


Loneliness In The Crowd: Why Nobody Wants Opt-Out Class Members To Assert Offensive Issue Preclusion Against Class Defendants, Antonio Gidi Jan 2013

Loneliness In The Crowd: Why Nobody Wants Opt-Out Class Members To Assert Offensive Issue Preclusion Against Class Defendants, Antonio Gidi

SMU Law Review

This Article addresses the ability of members who have opted out of a class action to assert offensive nonmutual issue preclusion in their individual lawsuits against the class defendant. It discusses the reasons why the use of this device, widely available to any nonparty, has been systematically denied to opt-out class members. Specifically, their interests are not protected by the traditional actors in class action litigation: neither the court, the defendant, nor the class counsel represent their concerns and interests. Against the prevailing case law, scholarship, and the American Law Institute's Principles of the Law of Aggregate Litigation, Professor Gidi …


The Paradox Of Legal Equivalents And Scientific Equivalence: Reconciling Patent Law's Doctrine Of Equivalents With The Fda's Bioequivalence Requirement, Janet Freilich Jan 2013

The Paradox Of Legal Equivalents And Scientific Equivalence: Reconciling Patent Law's Doctrine Of Equivalents With The Fda's Bioequivalence Requirement, Janet Freilich

SMU Law Review

Contrary to popular perception, generic drugs often enter the market before the patents covering their brand name counterparts have expired by making slight changes to the drug to avoid the brand name patent. These generics face a paradox: the U.S. Food and Drug Administration (FDA) requires that the generic "not show a significant difference" from the reference product, while patent law requires that the generic have "substantial differences" as compared to the reference product. The generic must be bioequivalent, but not legally equivalent, to the brand name drug. This paradox occurs frequently in the courts but has never been discussed …


Sexting: 21st-Century Statutory Rape, John K. Cornwell Jan 2013

Sexting: 21st-Century Statutory Rape, John K. Cornwell

SMU Law Review

The "cyberworld" in which we live has fundamentally and irrevocably changed the nature of human interaction. For many, electronic mail, texting, and social networking sites have significantly limited traditional face-to-face interaction. While the benefits of technological progress are self-evident, the ease with which people can share personal information virtually has also produced troubling byproducts. The transmission of sexually provocative images between teenagers, known colloquially as "sexting," is one such example. As suicides and other sexting-related tragedies multiply, jurisdictions coast-to-coast are searching frantically for ways to curb the practice.

Due to the harshness of existing criminal statutes, legislators have favored the …


Technological Intermediaries And Freedom Of The Press, Christina M. Mulligan Jan 2013

Technological Intermediaries And Freedom Of The Press, Christina M. Mulligan

SMU Law Review

Recent scholarship has argued that the constitutional guarantee of freedom of the press refers to speech-disseminating technology, such as the printing press, rather than to the institutional press. This Article argues that to protect the free press rights of authors, technological intermediaries such as presses and internet and online service providers must be afforded greater protection than authors for publishing and disseminating sanctionable speech. Unless intermediaries are granted near-complete immunity, the government will be able to censor authors collaterally by threatening to punish intermediaries for authors' speech, forcing intermediaries to restrain what the government cannot directly. Specifically, this Article explores …


Teaching Contract Law: Introducing Students To A Critical Perspective Through Indentured Servitude And Sharecropper Contracts, Gregory S. Crespi Jan 2013

Teaching Contract Law: Introducing Students To A Critical Perspective Through Indentured Servitude And Sharecropper Contracts, Gregory S. Crespi

SMU Law Review

An introductory law school course in contract law should at the outset provide students with some general orientation to the rationale for and social consequences of that body of law. The instructor should first present a broad overview of the field that reflects the conventional characterization of contract law as a benign social institution that facilitates private ordering through encouraging general promisee reliance. However, this initial orientation should also expose the students to a contrasting and more critical perspective that calls attention to contract law's potential use as a means of social domination and oppression. The students will then be …


Compelled Commercial Disclosures - The D.C. Circuit Holds Graphic Warning Requirements For Tobacco Products Unconstitutional, Phillip R. Sanders Jan 2013

Compelled Commercial Disclosures - The D.C. Circuit Holds Graphic Warning Requirements For Tobacco Products Unconstitutional, Phillip R. Sanders

SMU Law Review

No abstract provided.


Eminent Domain - Texas Supreme Court Requires Common Carrier Pipeline Companies To Demonstrate Reasonable Expectation Of Future Public, Sam Pinkston Jan 2013

Eminent Domain - Texas Supreme Court Requires Common Carrier Pipeline Companies To Demonstrate Reasonable Expectation Of Future Public, Sam Pinkston

SMU Law Review

No abstract provided.