Law Commons^™

Advocacy Spotlight: Mda’S Legislative Priorities For 2023, Neema Katibai Jd

The Journal of the Michigan Dental Association

This article outlines the Michigan Dental Association's (MDA) legislative priorities for the year 2023. The MDA focuses on various key issues, including dental loss ratio, network leasing transparency, teledentistry policy, the state budget's impact on dental services, increasing the dental workforce, and addressing student debt relief. These priorities aim to advocate for the dental profession, enhance patient care, and ensure the dental community's well-being.

Crash Landing: The Airline Industry’S Failing Efforts To Remedy Its Sexist And Discriminatory Practices Towards Flight Attendants, Elise Gonzalez

Journal of Air Law and Commerce

Since the deregulation of the airline industry, flight attendants have become the friendly faces and hallmark of airline brands across the globe. However, airlines went to unconstitutional heights to ensure that flight attendants looked, behaved, and acted in compliance with conservative and outdated notions about gender and sexuality. Piece by piece, the airline industry’s strict and misogynist policies that regulated female flight attendants’ appearance were declared a violation of Title VII of the Civil Rights Act; however, the sexist policies and attitudes maintain a pervasive and insidious presence in the modern airline industry.

Moreover, the airline industry’s dress and appearance …

Autonomous Archaeological Authority: The Future Of Drone Use And Privacy Laws In Cultural Heritage Preservation, Kara Anderson

Journal of Air Law and Commerce

Since ancient times, humanity has placed high value on natural and cultural phenomena, with Philo of Byzantium recording the first list of the “Seven Wonders of the Ancient World” as early as 225 B.C.E. Similarly, modern world leaders continue to recognize the value of these and more sites through preserving them as United Nations Educational, Scientific, and Cultural Organization (UNESCO) World Heritage sites. With the advancement of drone technology, researchers now employ drones to aid preservation efforts since drones can enter dangerous and humanly-inaccessible spaces, provide detailed images of sites the human eye cannot see, and assist governments in identifying …

Navigating Through Cloudy Skies: The Montreal Convention & Article 17 “Accidents” Post-Moore, Elan Wilson

Journal of Air Law and Commerce

The Montreal Convention is a multilateral treaty that comprehensively regulates international air carriers. Specifically, Article 17 of the treaty allows passengers to recover against air carriers for injuries or deaths on international flights, so long as certain requirements are met. In Air France v. Saks, the Supreme Court held that “accident”—a controlling term in Article 17—describes an event that is external to the passenger and “unexpected or unusual.” Last year, in Moore v. British Airways PLC, the First Circuit purported to identify a split over what this language means. According to Moore, there are courts who (correctly) …

The Drone Star State: How A Challenge To Texas Drone Law Became The Latest Battleground Between The First Amendment And The Right To Privacy, Edward W. "Ted" Tooley

Journal of Air Law and Commerce

Texas is unconstitutionally infringing upon the First Amendment in the form of its overly restrictive drone regulations. While the state originally set out to create a robust privacy law providing maximum protection to its citizens, its overbroad statute instead produced the latest constitutional conflict between two of our nation’s oldest and most sacred rights. For almost a decade, Texas drone law stood unchallenged, garnering the state a reputation as arguably the least friendly jurisdiction for drone journalism. These regulations, however, have never been more vulnerable. There is a constitutional challenge unfolding in federal district court that, if successful, will redefine …

When Federal Standards Crash And Burn: The Need To Distinguish Aviation Product Liability Claims From In-Air Operations Cases, Olivia Cahill

Journal of Air Law and Commerce

If you are injured in an aviation disaster or lose a loved one in a plane crash, may you seek recovery under state law? Do federal regulations provide adequate opportunities to compensate aviation crash victims? These are questions few people think to ask themselves. A more common query is what entity regulates the more than 16 million flights that occur yearly in the U.S., and how do you know whether the aircraft you fly on are safe?

The tragic Boeing 737 MAX crashes initiated a federal oversight investigation into the Federal Aviation Administration (FAA). Industry whistleblowers revealed severe lapses in …

Delayed Flights And Delayed Rights: It Is Time For The United States To Follow The European Union’S Lead And Enact More Regulations To Protect Airline Passengers, Hannah Foote

Journal of Air Law and Commerce

Since Congress passed the Airline Deregulation Act of 1978, travelers have benefitted from airline deregulation through discounted prices and greater access to air travel, but these benefits have largely been offset by the reality that many airline passengers are unsatisfied with the airline industry’s customer service, or lack thereof. This Comment argues that the United States should follow the European Union’s lead and, in accordance with Regulation EC 261, require airlines to compensate passengers when their flights are delayed or canceled. The concentrated aviation industry has created a market that does not adequately protect airline passengers, and the courts have …

Flying Towards Extinction: The Role Of The Aviation Industry In Perpetuating International Wildlife Trafficking, Isabelle Dominguez

Journal of Air Law and Commerce

In the past sixty years, the world has developed significant concern for burgeoning environmental issues. Starting in the 1960s, governments, industries, and the public have embraced efforts to set standards for public and private actors in areas of environmental concern. Particularly, increased globalization has led to an increase in the trade of wildlife and its products, including endangered species.

Unregulated wildlife trade implicates various issues, such as conservation concerns, the spread of diseases, and even funding for criminal organizations. While sovereign governments work independently and together to combat wildlife trafficking and its effects, current law leaves significant gaps in the …

Rethinking Spectrum Governance After The Faa And Fcc’S Turf War Over 5g, Jace Breedlove

Journal of Air Law and Commerce

The rollout of 5G technology promised transformative benefits for consumers and the economy. But a protracted dispute between the FCC and FAA relating to 5G interference with airplane safety equipment prevented a smooth 5G rollout. While the FCC was giving wireless companies the green light to roll out 5G service, the FAA was warning of apocalypse if they did. What resulted was a turf war between the FAA and FCC, revealing a dysfunctional process (or lack thereof) for handling spectrum interference concerns. This Comment argues that the United States’ spectrum management system needs an overhaul to prevent similar agency turf …

The Department Of Transportation’S Failures In Regulating Emotional Support Animals, Jillian Doughty

Journal of Air Law and Commerce

In the past decade, the number of emotional support animals being used to treat a wide array of mental and emotional disorders has multiplied exponentially. This increase has been met with mixed reactions in the context of air travel. While some passengers are thrilled to sit next to a dog on their flight, others are frustrated due to the belief passengers with emotional support animals are exploiting a loophole to travel with their pet for free. Regardless of the differing perceptions, emotional support animals are a valid, affordable way to treat mental health illnesses without incurring negative side effects associated …

Houston Security Camera Ordinance: Reasonable Safety Measure Or Orwellian Surveillance, Clint Nuckolls

SMU Science and Technology Law Review

A new ordinance went into effect in Houston, Texas in July 2022, which looks to leverage technology and require certain businesses to install surveillance cameras at their own cost and turn footage over to the police on demand without a warrant. The ordinance specifically requires bars, nightclubs, convenience stores, sexually oriented businesses, and game rooms to install surveillance cameras, with accompanying lighting at all places where customers are permitted, keep the cameras running at all times, even when the business is closed, and store the footage for at least thirty days, all at the expense of the business owners. The …

Texas’S Water Future: Legal, Business, Environmental, And Regulatory Concerns, Robert Royce

SMU Science and Technology Law Review

Around the world freshwater is increasingly scarce, and Texas is no different. Texas continuously operates at a shortage, where freshwater supply cannot meet demand. Projections show that this deficit will increase over the next decade, which would cause billions of dollars in losses for the Texas economy. But Texas is in a unique position to correct its water problems and take corrective measures to avoid such losses. Innovations around hydraulic fracturing in the oil and gas industry, namely recyclable “produced water” and the burgeoning “water midstream” sector will play an important role in remediating Texas’ freshwater scarcity concern. Furthermore, the …

Front Matter

SMU Law Review

No abstract provided.

A Tribute To Professor John S. Lowe, Eric C. Camp

SMU Law Review

No abstract provided.

A Tribute For Professor Lowe, James W. Coleman

SMU Law Review

No abstract provided.

A Giant In The Field: Tribute To John S. Lowe, Monika U. Ehrman

SMU Law Review

No abstract provided.

Ode To John Lowe, Norman Nadorff

SMU Law Review

No abstract provided.

Tribute To John Lowe On His Retirement, David Pierce

SMU Law Review

No abstract provided.

Fracture: Abortion Law And Politics After Dobbs, Rachel Rebouché, Mary Ziegler

SMU Law Review

Before Dobbs v. Jackson Women’s Health Organization—the case that overturned Roe v. Wade—almost everyone assumed that polarization would continue to define the abortion debate: once states could ban abortion before viability, half the country would criminalize it and half the country would not. The assumption has been that states would prohibit or permit abortion in ways that correspond to political beliefs. This Article demonstrates the limitations of that narrative both as a matter of history and in the current political moment. The future of abortion law and politics is one of fracture. Particularly for the anti-abortion movement, once-foundational priorities will …

The Ripple Effects Of Dobbs On Health Care Beyond Wanted Abortion, Maya Manian

SMU Law Review

The Supreme Court’s momentous decision in Dobbs v. Jackson Women’s Health Organization to overturn fifty years of precedent on the constitutional right to abortion represents a sea of change, not only in constitutional law, but also in the public health landscape. Although state laws on abortion are still evolving after Dobbs, the decision almost immediately wreaked havoc on the delivery of medical care for both patients seeking abortion care and those not actively seeking to terminate a pregnancy. This Article also argues that focusing the public’s attention on the deleterious consequences of abortion bans for health care beyond wanted abortion …

Pregnancy Risk And Coerced Interventions After Dobbs, Elizabeth Kukura

SMU Law Review

Only nine months after the Supreme Court eliminated the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, fourteen states had banned abortion entirely, and experts estimate the ultimate number of states imposing complete or near-complete restrictions on abortion care will likely rise to twenty-four. Millions of people with the capacity for pregnancy now (or will soon) live in places where getting pregnant means there is no choice other than to carry the pregnancy to term and give birth. One underappreciated, though critically important, impact of Dobbs is the extent to which newly enacted abortion restrictions will …

The Promise Of Abortion Pills: Evidence On The Safety And Effectiveness Of Self-Managed Medication Abortion And Opportunities To Expand Access, Dana M. Johnson

SMU Law Review

Since the Dobbs v. Jackson Whole Women’s Health Organization ruling, medication abortion pills have received an enormous amount of attention. The two medication abortion pill regimens, mifepristone used with misoprostol, or misoprostol used by itself, have been the subject of extensive public health research. Less discussed in the legal scholarship are the differences between the two regimens and their uses for self-managed medication abortion. In the United States, when people refer to medication abortion pills, they are often referencing mifepristone used with misoprostol. But in other parts of the world, when people refer to medication abortion pills, they often mean …

Using A “Bystander Bounty” To Encourage The Reporting Of Workplace Sexual Harassment, Jessica Fink

SMU Law Review

Sexual harassment has become a fact of the modern workplace—something that society laments and regrets, but that rarely shocks the conscience when it comes to light. In fact, both the least and most surprising aspect of workplace sexual harassment is the number of individuals who are aware of it occurring. For every Harvey Weinstein, Matt Lauer, and Louis C.K., there have been countless observers who knew about their depravity and who did nothing to stop their behavior. In this way, one obvious approach for reducing harassment at work seems clearly to involve mobilizing these bystanders—encouraging those who witness this misconduct …

Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham

SMU Law Review

Appraisal discrimination not only persists, but its influence has actually increased in some housing markets. New studies document how contemporary appraisal methods operate as systemic racism, such as how appraisers select from a narrower set of comparable properties when appraising homes in predominantly Black neighborhoods. Recent events have renewed public attention to appraisal discrimination, from shocking news stories to a new multiagency federal task force. In tandem, a new wave of litigation has emerged. This Article examines litigation as one element of a multifaceted approach to combatting appraisal discrimination. After examining the weaknesses of the regulatory framework governing appraisals, this …

Innovation Funding And The Valley Of Death, Lital Helman

SMU Law Review

Innovation is a public good. As with other public goods, it is expected to be underproduced if only private incentives are present. Therefore, the law strives to encourage innovation via an array of stimulus mechanisms. The law offers three main mechanisms: intellectual property (IP), cash transfers—mainly prizes and grants—and tax incentives. Vast literature analyzes and compares these innovation stimuli in search of the optimal mix to boost innovation. Yet a key problem is largely overlooked: together, the existing stimuli do not cover the lion’s share of the innovation lifecycle. At the beginning of the innovation process, companies can win grants …

Warranted Exclusion: A Case For A Fourth Amendment Built On The Right To Exclude, Mailyn Fidler

SMU Law Review

Searches intrude; fundamentally, they infringe on a right to exclude. So that right should form the basis of Fourth Amendment protections. Current Fourth Amendment doctrine—the reasonable expectation of privacy test—struggles with conceptual clarity and predictability. The Supreme Court’s recent decision to overturn Roe v. Wade casts further doubt on the reception of other privacy-based approaches with this Court. But the replacement approach that several Justices on the Court favor, what I call the “maximalist” property approach, risks troublingly narrow results. This Article provides a new alternative: Fourth Amendment protection should be anchored in a flexible concept derived from property law—what …

A Review And Look Ahead At Criminalizing Pregnancy In The Name Of State Interest In Fetal Life, Sarah E. Burns, Sarah S. Wheeler

SMU Law Review

Across the United States, and especially in communities that are highly policed and in places hostile to abortion, pregnant people are dying, suffering, being separated from their children and families, and going to jail and prison in purported service of the state interest in fetal life recognized in Roe v. Wade and expanded in Planned Parenthood of Pennsylvania v. Casey. This Article focuses on two common practices that cause these harms: criminalizing pregnant people and denying them medical decision-making authority. While these practices are not new, the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization is …

Front Matter

SMU Law Review

No abstract provided.

Preface, Christopher T. Nace

SMU Law Review

No abstract provided.

The Future Of Substantive Due Process: What Are The Stakes?, Erwin Chemerinsky

SMU Law Review

No abstract provided.