Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

SMU Law Review

Discipline
Keyword
Publication Year

Articles 571 - 600 of 4056

Full-Text Articles in Law

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, Douglas S. Lang, Rachel A. Campbell Jan 2013

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, Douglas S. Lang, Rachel A. Campbell

SMU Law Review

No abstract provided.


Due Process - Fifth Circuit Incorrectly Holds School Lacks Deshaney Special Relationship With Students, Lindsey Hovland Jan 2013

Due Process - Fifth Circuit Incorrectly Holds School Lacks Deshaney Special Relationship With Students, Lindsey Hovland

SMU Law Review

No abstract provided.


Sunbeam Offers A Ray Of Sunshine For The Licensee When A Licensor Rejects A Trademark License Agreement In Bankruptcy, Alan Resnick Jan 2013

Sunbeam Offers A Ray Of Sunshine For The Licensee When A Licensor Rejects A Trademark License Agreement In Bankruptcy, Alan Resnick

SMU Law Review

No abstract provided.


Alapatt Redux: Support For Functional Language In Software Patent Claims, Andrew Chin Jan 2013

Alapatt Redux: Support For Functional Language In Software Patent Claims, Andrew Chin

SMU Law Review

The Federal Circuit has suggested in some recent cases that any algorithm can serve as adequate structural support for a means-plus-function element in a software patent claim under § 112(f). A recent proposal by Mark Lemley fully endorses this proposition and seeks its broader application. The concept of an algorithm, however, is too slippery to serve as the basis for such a rule. In this Article, I argue that this overreliance on the algorithm concept originated in a revisionist gloss on the Federal Circuit's 1994 Alappat decision. Informed by a closer reading of what Alappat actually has to say about …


Toxic Torts And Mass Torts, Brent M. Rosenthal Jan 2013

Toxic Torts And Mass Torts, Brent M. Rosenthal

SMU Law Review

No abstract provided.


Front Matter Jan 2013

Front Matter

SMU Law Review

No abstract provided.


First Amendment - Seventh Circuit Expands Establishment Clause In High School Graduation Case, Renee M. Hunter Jan 2013

First Amendment - Seventh Circuit Expands Establishment Clause In High School Graduation Case, Renee M. Hunter

SMU Law Review

No abstract provided.


A Case Study Regarding The Ongoing Dialogue Between The Federal Circuit And The Supreme Court: The Federal Circuit's Implementation Of Ksr V. Teleflex, Thomas G. Hungar, Rajiv Mohan Jan 2013

A Case Study Regarding The Ongoing Dialogue Between The Federal Circuit And The Supreme Court: The Federal Circuit's Implementation Of Ksr V. Teleflex, Thomas G. Hungar, Rajiv Mohan

SMU Law Review

No abstract provided.


Partnership Law, Jeff Dorrill, Matthew Schindel, Kelly Bub Jan 2013

Partnership Law, Jeff Dorrill, Matthew Schindel, Kelly Bub

SMU Law Review

No abstract provided.


Further Reflections On Extinguishing The Fountainhead Of Knowledge: A Call To Transition To The "Innovation Policy" Narrative In Patent Law, Simone Rose Jan 2013

Further Reflections On Extinguishing The Fountainhead Of Knowledge: A Call To Transition To The "Innovation Policy" Narrative In Patent Law, Simone Rose

SMU Law Review

Economists are unable to provide a clear answer to how effective the patent system is in encouraging innovation. At best, they point to certain sectors, such as pharmaceutical and biotechnology, which benefit from a robust patent scheme. Conversely, sectors such as software and, ironically at the same time, biotechnology may be harmed by an overly broad patent scheme. The question emerges: Why do the various stakeholders in all industrial sectors, Congress, the Patent and Trademark Office ("PTO"), and the courts (in particular, the Federal Circuit) continue to center the development of patent law around the "innovation presumption" despite the lack …


First Amendment Protection For Political Candidacy Of Public Employees, Ross Staine Jan 2013

First Amendment Protection For Political Candidacy Of Public Employees, Ross Staine

SMU Law Review

No abstract provided.


Foreword Jan 2013

Foreword

SMU Law Review

No abstract provided.


The Separation Of Higher Powers, Richard Albert Jan 2012

The Separation Of Higher Powers, Richard Albert

SMU Law Review

No abstract provided.


Balancing Privacy, Autonomy, And Scientific Needs In Electronic Health Records Research, Sharona Hoffman, Andy Podgurski Jan 2012

Balancing Privacy, Autonomy, And Scientific Needs In Electronic Health Records Research, Sharona Hoffman, Andy Podgurski

SMU Law Review

No abstract provided.


Civil Rico Liability - The Second Circuit's Interpretation Of The Pslra Amendment Has Broad Implications For Victims Of Securities Fraud Conspiracy, Michael Buscher Jan 2012

Civil Rico Liability - The Second Circuit's Interpretation Of The Pslra Amendment Has Broad Implications For Victims Of Securities Fraud Conspiracy, Michael Buscher

SMU Law Review

No abstract provided.


The Fourth Amendment - The Burden Of Proof For Exigent Circumstances In A Warrantless Search Civil Action, Adrienne Lewis Jan 2012

The Fourth Amendment - The Burden Of Proof For Exigent Circumstances In A Warrantless Search Civil Action, Adrienne Lewis

SMU Law Review

No abstract provided.


Unconstitutional Conditions: The Second Circuit Splits With The D.C. Circuit And Erroneously Finds Anti-Prostitution Pledge Required For Hiv/Aids Funding Unconditional, Cole Davis Jan 2012

Unconstitutional Conditions: The Second Circuit Splits With The D.C. Circuit And Erroneously Finds Anti-Prostitution Pledge Required For Hiv/Aids Funding Unconditional, Cole Davis

SMU Law Review

No abstract provided.


An Eighth Amendment State Of Emergency - Prisoner Reduction Order As A Last Resort In Brown V. Plata, Neil Stockbridge Jan 2012

An Eighth Amendment State Of Emergency - Prisoner Reduction Order As A Last Resort In Brown V. Plata, Neil Stockbridge

SMU Law Review

No abstract provided.


Preface, Justin Wheeler, Ben Nicholson Jan 2012

Preface, Justin Wheeler, Ben Nicholson

SMU Law Review

No abstract provided.


Alternative Dispute Resolution, Will Pryor Jan 2012

Alternative Dispute Resolution, Will Pryor

SMU Law Review

No abstract provided.


Business Torts, Charles M. Hosch, Lauren T. Becker, Kimberly E. Hodgman Jan 2012

Business Torts, Charles M. Hosch, Lauren T. Becker, Kimberly E. Hodgman

SMU Law Review

No abstract provided.


Commercial Transactions, John Krahmer Jan 2012

Commercial Transactions, John Krahmer

SMU Law Review

No abstract provided.


Conflict Of Laws, James P. George, Stephanie K. Marshall, Lisa A. Goodman Jan 2012

Conflict Of Laws, James P. George, Stephanie K. Marshall, Lisa A. Goodman

SMU Law Review

No abstract provided.


Criminal Procedure: Confessions, Searches And Seizures, Michael E. Keasler, Michael J. Ritter Jan 2012

Criminal Procedure: Confessions, Searches And Seizures, Michael E. Keasler, Michael J. Ritter

SMU Law Review

No abstract provided.


Environmental Law, Scott D. Deatherage, James Voelker Jan 2012

Environmental Law, Scott D. Deatherage, James Voelker

SMU Law Review

No abstract provided.


Illegal Emigration: The Continuing Life Of Invalid Deportation Orders, Richard Frankel Jan 2012

Illegal Emigration: The Continuing Life Of Invalid Deportation Orders, Richard Frankel

SMU Law Review

No abstract provided.


Daubert Gatekeeping For Eyewitness Identifications, Sandra Guerra Thompson Jan 2012

Daubert Gatekeeping For Eyewitness Identifications, Sandra Guerra Thompson

SMU Law Review

No abstract provided.


Attorney Ghostwriting For Pro Se Litigants - A Practical And Bright-Line Solution To Resolve The Split Of Authority Among Federal Circuits And State Bar Associations, Salman Bhojani Jan 2012

Attorney Ghostwriting For Pro Se Litigants - A Practical And Bright-Line Solution To Resolve The Split Of Authority Among Federal Circuits And State Bar Associations, Salman Bhojani

SMU Law Review

No abstract provided.


My Hero: Professor Roark Reed, Jane J. Boyle Jan 2012

My Hero: Professor Roark Reed, Jane J. Boyle

SMU Law Review

No abstract provided.


Roark Reed: A Tribute, Alexis Gabay Jan 2012

Roark Reed: A Tribute, Alexis Gabay

SMU Law Review

No abstract provided.