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Articles 541 - 570 of 4056
Full-Text Articles in Law
Copyright Law - A Challenge To The Ninth Circuit's Fight Applying Laches In Raging Bull Suit, Jacqui Bogucki
Copyright Law - A Challenge To The Ninth Circuit's Fight Applying Laches In Raging Bull Suit, Jacqui Bogucki
SMU Law Review
No abstract provided.
Teaching Contract Law Through Common Law Analysis: The Uci Law Experiment, Gregory S. Crespi
Teaching Contract Law Through Common Law Analysis: The Uci Law Experiment, Gregory S. Crespi
SMU Law Review
The new law school at the University of California, Irvine, is attempting to implement an innovative vision of top-tier legal education that emphasizes skills-based and experiential training. As part of that effort, the school has restructured the traditional first-year law school curriculum so that several of these courses each focus on a particular analytical method-specifically, common law analysis, statutory analysis, procedural analysis, constitutional analysis, or international legal analysis-rather than on a particular doctrinal subject matter such as contract law or torts. There are no doubt some pedagogical advantages to taking such an analytical methods-oriented instructional approach. However, I have some …
Synthetic Drugs - Emergence, Legislation, And The Criminal And Legal Aftermath Of Broad Regulation, Zunny Losoya
Synthetic Drugs - Emergence, Legislation, And The Criminal And Legal Aftermath Of Broad Regulation, Zunny Losoya
SMU Law Review
No abstract provided.
The Unbearable Whiteness Of Abc: The First Amendment, Diversity, And Reality Television In The Wake Of Claybrooks V. Abc, Sarah Honeycutt
The Unbearable Whiteness Of Abc: The First Amendment, Diversity, And Reality Television In The Wake Of Claybrooks V. Abc, Sarah Honeycutt
SMU Law Review
No abstract provided.
The Uspto's Soft Power: Who Needs Chevron Deference, John M. Golden
The Uspto's Soft Power: Who Needs Chevron Deference, John M. Golden
SMU Law Review
No abstract provided.
A Case Study Of Federal Circuit Policy Making, W. Keith Robinson
A Case Study Of Federal Circuit Policy Making, W. Keith Robinson
SMU Law Review
The Federal Circuit's legal decisions are perceived to have a significant impact on patent policy because of its close relationship with the patent bar and the United States Patent and Trademark Office (USPTO). Accordingly, litigants before the Federal Circuit may have the unique opportunity to directly influence patent policy. In a 2003 article, Professor Arti Rai suggested that if factual determinations concerning litigation were the responsibility of the USPTO and U.S. District Courts, then the Federal Circuit would be the ideal entity to make patent policy. Interestingly, during a recent panel at the 2013 Intellectual Property Symposium at the Southern …
Overruling Precedent: A Derelict In The Stream Of The Law, Michael H. Leroy
Overruling Precedent: A Derelict In The Stream Of The Law, Michael H. Leroy
SMU Law Review
No abstract provided.
Private Rights For The Public Good, J. Janewa Oseitutu
Private Rights For The Public Good, J. Janewa Oseitutu
SMU Law Review
No abstract provided.
On Substantive Due Process And Discretionary Traditionalism, Ronald Turner
On Substantive Due Process And Discretionary Traditionalism, Ronald Turner
SMU Law Review
No abstract provided.
Health Care Law, Mary Jean Geroulo
Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Hamilton C. Simpson
Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Hamilton C. Simpson
SMU Law Review
No abstract provided.
Oil, Gas, And Mineral Law, Richard F. Brown
Professional Liability, Kelli M. Hinson, Jennifer Evans Morris, Debran O'Neil
Professional Liability, Kelli M. Hinson, Jennifer Evans Morris, Debran O'Neil
SMU Law Review
No abstract provided.
Real Property, J. Richard White, G. Roland Love
Securities Regulation, George Lee Flint Jr.
Taxation, Cynthia M. Ohlenfrost, Sam Megally
Wills & Trusts, Gerry W. Beyer
Against Neorehabilitation, Jessica M. Eaglin
Against Neorehabilitation, Jessica M. Eaglin
SMU Law Review
In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools …
Percolation, Uniformity, And Coherent Adjudication: The Federal Circuit Experience, Rochelle C. Dreyfuss
Percolation, Uniformity, And Coherent Adjudication: The Federal Circuit Experience, Rochelle C. Dreyfuss
SMU Law Review
Two important lessons had been taught by the reactions to the Freund and Hruska Reports. One was that it was politically unacceptable to shut off any case in the lower federal courts from access to the Supreme Court by way of certiorari, however unavailing that might be in reality. . . . In addition, a widespread sentiment was evident among the bench and bar against having "specialized courts."'
Friend Or Foe: The Sixth Amendment Confrontation Clause In Post-Conviction Formal Revocation Proceedings, Esther K. Hong
Friend Or Foe: The Sixth Amendment Confrontation Clause In Post-Conviction Formal Revocation Proceedings, Esther K. Hong
SMU Law Review
No abstract provided.
Insurance Law, J. Price Collins, Blake H. Crawford, William H. Craven
Insurance Law, J. Price Collins, Blake H. Crawford, William H. Craven
SMU Law Review
No abstract provided.
The Economic Purpose Of The Contract Clause, David Crump
The Economic Purpose Of The Contract Clause, David Crump
SMU Law Review
No abstract provided.
Family Law: Husband And Wife, Joseph W. Mcknight, Shanin Turner Brevig
Family Law: Husband And Wife, Joseph W. Mcknight, Shanin Turner Brevig
SMU Law Review
No abstract provided.
Formalism And Antiformalism In Patent Law Adjudication--Precedent And Policy, David O. Taylor
Formalism And Antiformalism In Patent Law Adjudication--Precedent And Policy, David O. Taylor
SMU Law Review
In recent years law professors have unleashed withering criticism on the United States Court of Appeals for the Federal Circuit for overlooking the value of policy-guided analyses of patent law and instead engaging in formalistic parsing of precedent. The Supreme Court, by contrast, has received more mixed reviews but ultimately is viewed as an antiformalist alternative to the Federal Circuit. In this Article, I reconsider the role of the Federal Circuit as an intermediate appellate court with exclusive jurisdiction over appeals in patent cases in analyzing and expressing policy related to patent law. After cataloging the views of Federal Circuit …
The Immigrant And Miranda, Anjana Malhotra
The Immigrant And Miranda, Anjana Malhotra
SMU Law Review
The recent dramatic convergence of immigration and criminal law is transforming the immigration and criminal justice system. While scholars have begun to examine some of the structural implications of this convergence, this Article breaks new ground by examining judicial responses and specifically the lens of Miranda v. Arizona. This Article examines the divergent and largely aberrant approaches that federal appellate courts have taken to determine whether Miranda warnings and rights apply to custodial inquiries about immigration status that have clear criminal and civil implications. Part I of this Article discusses the distinctions between civil and criminal immigration laws and the …