Law Commons^™

F21rs Sgcr No. 25 (Matthew Mcclure, Ssf), Taylor Perrodin

Student Senate Enrolled Legislation

A Concurrent Resolution

To appoint Matthew McClure as a Legislative Delegate for the Student Sustainability Fund Committee

F21rs Sgcr No. 29 (Nicole Spriggs-Moye, Psif), Taylor Perrodin

Student Senate Enrolled Legislation

A Concurrent Resolution

To appoint Nicole Spriggs-Moye as an executive delegate for the Program Support Initiative Fund Committee

F21rs Sgcr No. 27 (Colin Raby, Psif), Taylor Perrodin

Student Senate Enrolled Legislation

A Concurrent Resolution

To appoint Colin Raby as a Legislative delegate for the Program Support Initiative Fund Committee

The Law Of License Plates And Other Inevitabilities Of Free Speech Context Sensitivity, William D. Araiza

Faculty Scholarship

No abstract provided.

How To Do Surgery On The Constitutional Law Of Libel, R. George Wright

SMU Law Review Forum

Of late, the constitutional law of libel has become the focus of increasing dissatisfaction. This dissatisfaction has taken various forms. The argument below, however, is that the most crucial defect of constitutional libel law lies in the Court’s continuing attempts to draw and utilize distinctions among public figure and private figure libel plaintiffs. The Court should abandon these attempts. Instead, the Court should attend, broadly and fundamentally, to the constitutionally vital distinction between libelous speech that does or does not address some matter of public interest and concern.

The argument below first emphasizes the constitutional logic underlying the Court’s initial …

Turtles All The Way Down: A Clearer Understanding Of The Scope Of Waters Of The United States Based On The U.S. Supreme Court Decisions, Jesse J. Richardson Jr., Tiffany Dowell Lashmet, Gatlin Squires

William & Mary Environmental Law and Policy Review

The meaning of “waters of the United States” under the Clean Water Act (“CWA”) has been debated in Congress, federal agencies, and courtrooms across the country for almost fifty years. Despite the longstanding attention to the term, most consider the term even more unclear today than in 1972 when the CWA was adopted. However, a methodical examination of the statutory and regulatory history and the U.S. Supreme Court decisions on the issue reveal more consensus than previously understood. In addition, this focused examination shows that the debate centers on one problem that the arguments rarely acknowledge: wetlands adjacent to a …

A Way Forward: Uf Race Scholars On Support, Obstacles, And The Need For Institutional Engagement, Katheryn Russell-Brown, Ryan Morini

UF Law Faculty Publications

This research project was designed to identify strategies and steps the University of Florida (UF) can take to more effectively support faculty whose work focuses on race or anti-racism. These steps can considerably strengthen UF’s foundations for scholarship on race, an imperative for a top-five public university that is also the state’s flagship academic institution. This report is based on interviews with and survey responses from UF faculty members whose scholarship focuses on issues of race or anti-racism. The 39 faculty members who participated in the study represent a broad range of disciplines and colleges, spanning arts, humanities, social sciences, …

Example Ordinance For Compost Amending Soil In Urban Landscaping, Jovana Radovanovic, James D. Mcguire, Jana Caracciolo

UF Law Faculty Publications

Urban landscapes are commonly installed on a final grade consisting of fill material brought on-site during construction to elevate the land surface. This material is typically inert, lacking organic matter and nutrients, and becomes compacted during the construction process. UF/IFAS research and other studies have shown that incorporating compost into these soil conditions can increase water retention in the root zone and decrease the need for supplemental irrigation for turfgrass. As a result of this benefit, local governments may consider requiring amending of new landscapes. This publication describes an example ordinance that can be used by local governments as a …

The Euclid Proviso, Ezra Rosser

Washington Law Review

This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning’s second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market responsive. But, given the ways in which zoning is a foundational part of the racial …

University Of Baltimore Law Review, Volume 51, Issue 1, Fall 2021

University of Baltimore Law Review

No abstract provided.

Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn

University of Baltimore Law Review

No abstract provided.

Lifting The Veil By Covering It: European Prohibitions On The Practice Of Veiling Constitute The Forced Covering Of Muslim Women, C. Scott Maravilla

University of Baltimore Law Review

No abstract provided.

An Incentive For Truth In Influencer Advertising: Enhancing Reporting By Awarding Consumers For Information That Leads To A Successful Enforcement Action, Julianna Felkoski

University of Baltimore Law Review

No abstract provided.

Unmasking The Nineteenth Amendment Centennial Through The Pandemic Lenses Of Liberty, Loss, Masculinity, And Leadership, Jamie R. Abrams

University of Baltimore Law Review

No abstract provided.

Is It Time For A New Maryland Longarm Statute?, John A. Lynch

University of Baltimore Law Forum

No abstract provided.

Insuring Evolving Technology, Asaf Lubin

Connecticut Insurance Law Journal

The study of the interaction between law and technology is more critical today than ever before. Advancements in artificial intelligence, information communications, biological and chemical engineering, and space-faring technologies, to name but a few examples, are forcing us to reexamine our traditional understanding of basic concepts in torts and insurance law. Yet, few insurance professionals and scholars will identify themselves as working in the field of "law-and-technology." For many of them, technology is "just a fact about the world like any other," as Ryan Calo once put it, not one that always merits "special care."' This short paper is an …

Ransomware: A Darwinian Opportunity For Cyber Insurance, Erin Kenneally

Connecticut Insurance Law Journal

No abstract provided.

Revocation And Retribution, Jacob Schuman

Washington Law Review

Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that “mass supervision” has become a powerful engine of mass incarceration.

This is the first Article to study theories of punishment in revocation of community supervision, focusing on the federal system of supervised release. Federal courts apply a primarily retributive theory of revocation, aiming to sanction defendants for their “breach of trust.” However, the structure, …

"Send Freedom House!": A Study In Police Abolition, Tiffany Yang

Washington Law Review

Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform, critics mistakenly continue to disregard police abolition as an unrealistic solution. This Essay helps dispel this myth of “impracticality” and illustrates the pragmatism of abolition by identifying a community-driven effort that achieved a meaningful reduction in policing we now take for granted. I detail the history of the Freedom House Ambulance Service, a Black civilian …

Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson

Washington Law Review

TikTok is a video-sharing social media application that launched in 2018 and has grown wildly since its inception. Many users are drawn to the platform by “dance challenges”—short dance routines of varying complexity set to popular songs that are recreated by other users, eventually going “viral” (i.e., recreated on a massive scale by other users) on the app. Going viral can provide young dancers and choreographers an opportunity to break into the highly competitive entertainment industry. However, there is a problem: due to TikTok’s interface and community practices, the original creators of a dance (who, significantly, are often young women …

Games Without Frontiers: The Increasing Importance Of Intellectual Property Rights In The People’S Republic Of China, James M. Cooper

Faculty Scholarship

Intellectual property (“IP”) protection in the People's Republic of China has been murky and amorphous. The country is currently enjoying a historic era with significant infrastructure and investment projects occurring as the Chinese consumer society substantially expands. These simultaneous trends require that China commit to the securitization and protection of IP rights to sustain its rapid economic growth.

Reflections On Legal Education In The Aftermath Of A Pandemic, Timothy Casey

Faculty Scholarship

This essay considers two significant changes to legal education in the aftermath of the COVID-19 pandemic. First, on-line programs will expand, based on the largely successful experiment in delivering legal education on-line during the pandemic. But this expansion must be thoughtful and deliberate. The legal education curriculum could include more on-line courses, but only if the learning outcomes and the pedagogy are aligned with on-line education. Experiential courses may not be the best fit for on-line given the specific learning outcomes and the benefits of in-person instruction in those courses. Second, student well-being will receive more attention in legal education. …

Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe

Faculty Scholarship

Recent takings cases challenging inclusionary housing ordinances tap into an ongoing controversy about whether government interventions in the housing market do more harm than good; but they also raise much more general questions about takings law. This Article uses the controversy raised by recent housing cases to probe the relationship between the Supreme Court’s regulatory takings jurisprudence and its exaction takings jurisprudence and to suggest a more coherent approach to implicit takings. The Court’s exaction takings jurisprudence is well-designed if it is applied appropriately. As a general matter, it encourages the mitigation of socially harmful nuisances, incentivizes developers to make …

The Trial Preparation Procedures–Criminal, William Rhee, L. Richard Walker

Law Faculty Scholarship

In an effort to provide scholarship immediately useful to the criminal trial advocate, this article proposes a detailed systems workflow to plan and coordinate preparing for federal criminal trials called the Trial Preparation Procedures–Criminal (or "TrialPrepPro–Criminal" for short). The TrialPrepPro–Criminal upon the Trial Preparation Procedures-Civil, expounded in an earlier article.

Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.

The TrialPrepPro are modeled after the battle-proven military decision-making process used, with modifications, by all U.S. military services, …

Education, Antidomination, And The Republican Guarantee, Kip M. Hustace

William & Mary Bill of Rights Journal

This Article offers a new interpretation of the United States Constitution’s republican guarantee and theorizes its protection of a fundamental right to education. Courts and education law scholars have identified the republican guarantee as a plausible source of educational rights but have not detailed how. Drawing on recent work by legal scholars, historians, political scientists, and philosophers, this Article reinterprets the guarantee as the federal government’s obligation to secure freedom as nondomination, and it argues that excellent, equitable public education is necessary to fulfilling this duty. Nondomination, a robust conception of freedom, is freedom from subjection to the will of …

Undue Deference To States In The 2020 Election Litigation, Joshua A. Douglas

William & Mary Bill of Rights Journal

COVID-19 has wreaked havoc on so much of our lives, including how to run our elections. Yet the federal courts have refused to respond appropriately to the dilemma that many voters faced when trying to participate in the 2020 election. Instead, the courts—particularly the U.S. Supreme Court and the federal appellate courts—invoked a narrow test that unduly defers to state election administration and fails to protect adequately the fundamental right to vote.

In constitutional litigation, a law usually must satisfy a two-part test: (1) does the state have an appropriate reason for the law and (2) is the law properly …

Disloyalty & Disqualification: Reconstructing Section 3 Of The Fourteenth Amendment, Myles S. Lynch

William & Mary Bill of Rights Journal

To become President of the United States, you must be constitutionally qualified. You must be thirty-five years old, a natural born citizen, and fourteen years a resident within the United States. Neither Congress nor any state can set this threshold higher; the same is true for congresspeople. But since it was last successfully invoked in 1917, most have forgotten the other qualifier—for officers at both the state and federal levels—from Section 3 of the Fourteenth Amendment. Those who have violated their oath to uphold our Constitution can be disqualified from holding any public office under the United States or any …

Inspectors General And The Law Of Oversight Independence, Andrew C. Brunsden

William & Mary Bill of Rights Journal

President Trump’s defiance of basic norms threatened the oversight institutions of American democracy. His brazen assault on the prosecutorial and investigative independence of federal law enforcement was well documented. Yet few have thoroughly scrutinized his violations of the oversight independence of internal institutions that monitor the government to promote integrity, transparency, and accountability. This Article examines the independence of Inspectors General (IGs), the internal watchdogs of the Executive Branch, and the President’s attacks on the institution. President Trump breached long-standing independence norms when he fired or replaced IGs in retaliation for their legitimate exercise of oversight duties. Then, in some …

To Damn Or Not Damn A Dam: Stakeholder Collaboration As A Tool For Dam Management, Alec D. Tyra, Nicholas Kandas

William & Mary Environmental Law and Policy Review

Dams have played an integral role in the development and economic growth of the United States for centuries, and remain important fixtures in water and energy management. However, after standing for decades, aging dams across the country are deteriorating or creating harmful environmental impacts that have made them sources of contention in many river basins. Calls to remove certain dams have been growing and in recent years have particularly intensified with respect to some large federally owned or regulated hydroelectric dams. These larger dams are subject to ongoing environmental review under the National Environmental Policy Act. Nonfederally owned dams also …

The Quad (The 2021 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• 20th Anniversary of the Naming of SMU Dedman Law

• Underwood Law Library Celebrates 50 Years

• Mustang Bar: Connect. Educate. Engage.

• Giving & Impact

• Two Law Alumni Named Recipients of SMU Distinguished Alumni Awards