Law Commons^™

Response: Animus, Its Critics, And Its Potential, William Araiza

Faculty Scholarship

No abstract provided.

Teaming Up To Learn In The Doctrinal Classroom, Jodi Balsam

Faculty Scholarship

No abstract provided.

Balancing Political Power: Community Economic Development And Institutional Design, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank Pasquale

Faculty Scholarship

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Patent Eligibility Of Predictive Algorithm In Second Generation Personalized Medicine, Jerry I-H Hsiao

SMU Science and Technology Law Review

No abstract provided.

Don’T Burn The Looms—Regulation Of Uber And Other Gig Labor Markets, Henry H. Perritt Jr.

SMU Science and Technology Law Review

No abstract provided.

Natural Cycles: When An Algorithm Digitally Mandates Your Sexual Health, Jacqueline Tran

SMU Science and Technology Law Review

No abstract provided.

Driverless Cars And Resource Allocation, Jeff Daniel Clark

SMU Science and Technology Law Review

No abstract provided.

Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider

SMU Science and Technology Law Review

No abstract provided.

The Interaction Of Patent Exhaustion And Transactions In Patented Goods After Impression Products V. Lexmark International, Andrew Beckerman Rodau

SMU Science and Technology Law Review

No abstract provided.

Corporate Genealogists: The New Homicide Detectives, Morgan Crider

SMU Science and Technology Law Review

No abstract provided.

Merging Sports Gambling And Technology: What’S Really Going To Happen?, Tucker Davison

SMU Science and Technology Law Review

No abstract provided.

The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz

SMU Science and Technology Law Review

No abstract provided.

Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung

SMU Science and Technology Law Review

No abstract provided.

Regulations For Smart Mobility: Proceed With Caution, Connor Saenz

SMU Science and Technology Law Review

No abstract provided.

The Public's Unmet Need For Legal Services & What Law Schools Can Do About It, Andrew M. Perlman

Suffolk University Law School Faculty Works

Civil legal services in the United States are increasingly unaffordable and inaccessible. Although the causes are complex, law schools can help in three ways beyond simply offering free legal clinics staffed by lawyers and students. Law schools can teach the next generation of lawyers more efficient and less expensive ways to deliver legal services, ensure that educational debt does not preclude lawyers from serving people of modest means, and conduct and disseminate research on alternative models for delivering legal services. These strategies will not solve all of the problems that exist, but they hold the promise of meaningfully improving the …

The New State Zoning: Land Use Preemption Amid A Housing Crisis, John Infranca

Suffolk University Law School Faculty Works

Commentators have long decried the pernicious effects that overly restrictive land use regulations, which stifle new development, have on housing supply and affordability, regional and national economic growth, social mobility, and racial integration. The fragmented nature of zoning rules in the United States, which are set primarily at the local level, renders it seemingly impossible to address these concerns systematically. While there have been some efforts to address local exclusionary tendencies and their suboptimal effects by means of greater state control, these efforts, which remain contentious, have been limited to just a few states.
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Facebook's Alternative Facts, Sarah Haan

Faculty Scholarship

No abstract provided.

The Surprising Reach Of Fda Regulation Of Cannabis, Even After Descheduling, Sean O'Connor

Faculty Scholarship

No abstract provided.

Contribution And Distribution Flexibility And Tax Pass-Through Entities, Bradley T. Borden, Brett Freudenberg

Faculty Scholarship

No abstract provided.

The Creditors' Bargain Reconstituted: Comments On Barry Adler's The Creditors' Bargain Revisited, Edward J. Janger

Faculty Scholarship

No abstract provided.

Private Ordering And Improving Information Flow To The Board Of Directors: The Duty To Inform Bylaw, Jennifer O'Hare

University of Richmond Law Review

It seems that almost every day there is another report of a corporate scandal at a public company. Whether the scandal involves sexual harassment by senior management or widespread illegal conduct by employees, the first question asked by investors and the media is usually, “Where was the board?” And the board’s response is almost always, “We didn’t know.” Directors of public companies rely on officers to provide the information the board needs to manage the corporation, but, strangely enough, officers may not even be legally required to provide information to the board. The Delaware General Corporation Law is silent on …

Crowdfunding Capital In The Age Of Blockchain Based Tokens, Patricia H. Lee

All Faculty Scholarship

Less than three years ago, the Securities and Exchange Commission (“SEC”) adopted investment crowdfunding regulations (“Reg. CF”) to facilitate small companies’ efforts to raise capital and jumpstart employment, providing companies potentially one of the most disruptive transformations in capital markets.

As the lion share of securities are offered under public offerings or Reg. D safe harbor exemptions, outcomes and impacts of Reg. CF offerings are not studied or monitored to the same extent. One line of inquiry is the scope of Reg. CF, including questions about the level of company participation, the types of businesses seeking capital formation, and the …

The Vaccine Race In The 21st Century, Ana Santos Rutschman

All Faculty Scholarship

In a world in which infectious diseases are spreading increasingly faster, the development of new human vaccines remains a priority in biopharmaceutical innovation. Legal scholars have addressed different aspects of vaccine regulation and administration, but less attention has been paid to the role of laws governing innovation during the stages of research and development (R&D) of vaccines.

This Article explores the race to develop new vaccines from its beginnings through the early 21st century, with a particular focus on the progressively pervasive role of intellectual property in governing vaccine innovation. It describes the insufficiencies of current innovation regimes in promoting …

Freedom And Prison: Putting Structuralism Back Into Structural Inequality, Anders Walker

All Faculty Scholarship

Critics of structural racism frequently miss structuralism as a field of historical inquiry. This essay reviews the rise of structuralism as a mode of historical analysis and applies it to the mass incarceration debate in the United States, arguing that it enriches the work of prevailing scholars in the field.

An Incomplete Masterpiece, Chad Flanders, Sean Oliveira

All Faculty Scholarship

The recent wave of popular and academic commentary on Masterpiece Cakeshop sounded a common theme: disappointment, even frustration. Masterpiece was held out as a case that was finally going to explain and resolve the conflicts between free expression, free exercise, and discrimination that were coming up again and again in the lower courts. But Justice Kennedy, the critical consensus went, avoided reaching many of the main First Amendment issues in the case and had instead ruled narrowly, giving us a prime example of"judicial minimalism:•

This assessment may be far too generous. In our short Article, we make the case that …

A Global System Of Work, A Global System Of Regulation?: Crowdwork And Conflicts Of Law, Miriam A. Cherry

All Faculty Scholarship

On-demand platforms are changing and reshaping our conceptions of both the firm and the work relationship in far-reaching and critical ways, allowing companies to hire workers and to seek customers across national boundaries. Confronted with low pay, wage theft, and other problematic working conditions, gig workers around the world have turned to the courts, attempting to invoke the protections of traditional labor and employment law. While some commentators believe existing forms of labor and employment regulations can stretch to cover on-demand work, others have called for new legal initiatives specifically crafted for online platforms. The goal of this paper is …

On The Judicialization Of Health, Ana Santos Rutschman

All Faculty Scholarship

The provision of health care has long been at the forefront of domestic and international debates, philosophical inquiries, and political agendas. A growing body of legal scholarship has added to the debate by examining the role of judicial review in the context of health-related litigation. What role, if any, should courts play in compelling the provision of health care or in furthering access to potentially life-saving medicines?

This question intersects with multiple strands of the law. For instance, it has an institutional component that interrogates the function(s) of courts within systems of checks and balances. It ties into constitutional design …

Worker Participation, Sustainability, And The Puzzle Of The Volkswagen Emissions Scandal, Matthew T. Bodie

All Faculty Scholarship

In September 2015, Volkswagen's "clean diesel" technology was exposed as a sham. Not only were the company's vehicles discharging dangerously high levels of nitrogen oxide, but VW had intentionally rigged its emissions systems to cheat on environmental tests. In the wake of resignations and criminal investigations, the company's governance system came under justifiable attack. Were VW's famously worker-friendly governance policies to blame? This Chapter examines the root causes of the emissions scandal and concludes that VW's governance culture suffered from dictatorial leadership as well as a cozy relationship between management and labor leaders. This culture of complacency led to a …