Law Commons^™

Somewhere To Exist, Morgan Sandys

Seattle Journal for Social Justice

No abstract provided.

Child Abuse In The Name Of Free Speech: Against Protecting Conversion Therapy As Free Speech, Siobhán Nolan

Seattle Journal for Social Justice

No abstract provided.

Innocence Loan Funds: A New Approach To Exonoree Support, Timothy Fisher

Seattle Journal for Social Justice

Wrongfully convicted persons face daunting life pressures when released after years of confinement. A patchwork of programs exist around the country to provide support, but the financial assistance that exonerees need is sparce. Some exonerees turn to finance companies, whose loans carry high interest rates. A better solution is an innocence fund: a non-recourse loan fund, repaid out of exoneree compensation or litigation recovery. This article details the structure of one such fund, which has made hundreds of thousands of dollars in loans with zero defaults. The article provides a guide to jurisdictions around the country on how to establish …

We The Queers, Merrick Sloane

Seattle Journal for Social Justice

No abstract provided.

Youth Voice: Civic Engagement, Rights, And The Wellbeing Of Children, Jonathan Todres, Folashade Epebinu, Chelsea Osei, Gabrielle Listana

Seattle Journal for Social Justice

No abstract provided.

The Warrant Exception That Isn't: Fisa Section 702, "Defensive" Searches, And The Fourth Amendment, Noah C. Chauvin

Faculty Articles

Section 702 of the Foreign Intelligence Surveillance Act allows the government to conduct warrantless electronic surveillance of non-Americans who are located overseas. Although the surveillance targets foreigners, Americans' communications are "incidentally" collected, too. Once the government has acquired Americans' communications, court-approved rules allow it to conduct warrantless searches for and through them in its Section 702 databases. Intelligence agencies have used these rules to turn this foreign intelligence program into a domestic spying tool, conducting tens of thousands of warrantless "backdoor" searches for Americans' private communications obtained under Section 702 every year.

Section 702 periodically sunsets; Congress most recently reauthorized …

Feedback Loops: Challenge & Recovery, Patrick Barry

Articles

About halfway through the course on feedback I teach to law students, I tell them to take out their calendar and look over their recent schedule. How many days in the previous few weeks, I ask them, felt like "challenge days"? I explain that challenge days are days when you have to perform at a high level, whether because a major task requires a lot of your energy and mental bandwidth-studying for a big test, preparing for a tough negotiation, dealing with an unexpected family crisis-or because the time available to handle a lot of minor tasks seems cruelly inadequate. …

Tone Coach, Patrick Barry

Articles

Think of how many emails you have sent in the past week, month, and year. Did you always strike the appropriate tone? Did you always use the right words? Did you consistently sound the way you intended? I encourage my law students to use these questions to periodically give themselves some self-feedback. Take a look at your recent (and not-so-recent) correspondences, I tell them. Read your words aloud. Assess whether the voice you hear is the voice you want others to hear.

America's Forgotten History Of Constitutional Crisis, Marcus A. Gadson

Faculty Publications

Scholars have insisted that constitutional crisis is rare in American history. They are wrong. Constitutional crisis has been one of the most important constants in American history. The events of January 6, 2021, the assassination attempt on President Trump, and the debate about whether to invoke the Twenty-Fifth Amendment to force President Biden out of office are child’s play compared to the constitutional crises this country has endured. Those observations are only surprising because so few scholars have studied constitutional crises at the state level. They are focused on national and international constitutional crises. This Article has three goals. First, …

Antitrust: Ai And Antitrust: “The Algorithm Made Me Do It”, Robin Feldman

The Judges' Book

No abstract provided.

Tsai Today (2025), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

Rowling Record 2025, The Robert B. Rowling Center For Business Law & Leadership

Rowling Record

No abstract provided.

The Quad (The 2025 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating a Century of Legal Excellence
• Dedman Family Honored
• Jurist in Residence: Chief Judge Jeffrey Sutton
• International Alumni Spotlight: Mauricio Celis '19
• Honoring Chief Justice Nathan L. Hecht '74
• Trailblazer lecture series
• Faculty Spotlights: Professors Hillel J. Bavli, Christine Hurt, Marc I. Steinberg, and Jenia Iontcheva Turner

Owning Marriage In Robinson's Gilead Novels, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

Forced Migration And Women's Empowerment: Evidence From Rohingya Refugees, Adam Chilton, Katerina Linos, Anup Malani

Public Law and Legal Theory Working Papers

We explore a puzzle: high levels of satisfaction among forcibly displaced Rohingya women in informal camps in Hyderabad, India. Despite experiencing extreme poverty, loss of family and community, and high levels of gender-based violence after resettlement, both men and women—particularly women—report significant increases in satisfaction. We structured a representative household survey, employed a trusted female Muslim interviewer with deep ties to the local community, interviewed comparable numbers of men and women, and embedded list experiments in our questionnaire, to allow people to answer sensitive questions indirectly. We attribute this paradoxical finding to increased freedom post-resettlement, facilitated by economic, legal, and …

The Unauthorized 2025 Beginner’S Guide To Classical Music And The Dso Soundcard, Stephen Calkins, Tierney Hoffman

Law Faculty Research Publications

No abstract provided.

Maritime Digitalization And Decarbonization: A Sustainable Future, World Maritime University, Korea Research Institute Of Ships And Ocean Engineering, Korea Maritime Institute

Books

The book with the title “Maritime Digitalization and Decarbonization: A Sustainable Future” is the second major outcome following the publication of the Proceedings of WMU Maritime Week (WMW) 2024.

The purpose of WMU Maritime Week 2024 (WMW) was to convene experts from diverse sectors to discuss contemporary maritime issues, generate practical and academic insights, and contribute to the advancement of the international maritime community. Following the success of WMW 2024, the aim is to deliver a top-notch annual conference in the maritime field, producing practical and academic outputs through in-depth discussions of critical contemporary issues in the maritime field. …

Standing And Prosecutorial Discretion: Why The Doctrine Of Standing Precludes Challenges To Categorical Non-Enforcement, Michael Diamandakis

UC Law Constitutional Quarterly

No abstract provided.

The Irony Of Humphrey's Executor & The Separation Of Powers Doctrine, Nicholas R. Barrow

St. Thomas Law Review

The vestiges of the Humphrey’s Executor1 exception for independent agencies are crumbling. Just as with Chevron, the Roberts Court—particularly in the turbulent wake of Free Enterprise, Lucia, and Seila Law—has seemed to suggest that Humphrey’s days are numbered. When Consumers’ Research v. Consumer Product Safety Commission finally arrived at the doorstep of the high Court, the inevitable had seemingly arrived—Humphrey’s was finally to fall. Yet there were not four votes to hear the case. The Fifth Circuit was so hotly divided amongst itself as to Humphrey’s continued meaning and applicability to modern administrative agencies that a bare-thin majority (9-8) concluded …

Clarifying The Constitutional Boundaries Of Income Taxation After Moore V. United States, Catherine Gluchowski

St. Thomas Law Review

Despite the significance of the term “income,” both the United States Supreme Court and the Internal Revenue Code do not provide an explicit definition of the term. This ambiguity causes the constitutionality of income taxation to remain a contested issue. Central to this ongoing debate is the issue of realization as a prerequisite for income taxation, exemplified by the case of Moore v. United States. In a landmark decision, the Ninth Circuit ruled that realization is not a constitutional requirement for Congress to impose a tax exempt from apportionment under the Sixteenth Amendment. This decision marked a pivotal departure from …

Makeup And Made-Up Protection: Unveiling The Need For Stronger Legal Protections Against Makeup Dupes Within The Luxury Beauty Industry, Crystal Couso

St. Thomas Law Review

To strengthen trademark protections for luxury beauty brands against makeup dupes, this Comment proposes amending the Lanham Act to combat the rise of makeup dupes. Part II provides a brief background on trade dress laws and the elements required to establish a claim under the Lanham Act. Part III highlights the current inadequacies of the current trade dress protections afforded by the Lanham Act, including its failure to account for generic product designs and the irrelevance of consumer confusion in makeup dupe cases. Part IV proposes a novel solution to modify the Lanham Act to accommodate the makeup dupe phenomenon. …

The Best Disinfectant: The Value Of Transparency In Information Operations, Major Ian W. Stamme

American University National Security Law Brief

America is in a state of persistent competition with nation-state adversaries, including Russia and China, which seek to subvert the post-WWII rules-based international order and undermine American legitimacy abroad. Some of this competition takes place through traditional statecraft and across each of the instruments of national power: diplomatic, informational, military, and economic. However, much of this competition also takes place in the gray zone, defined as a spectrum between the higher threshold of armed conflict and the lower threshold of ordinary statecraft. In other words, while all relations between nations involve degrees of leverage and relative advantage, gray zone conflict …

Courting Bias: Effects Of Gender Socialization And Judges' Genders On Litigants And The Judiciary, Ellie Barmes

Indiana Journal of Law and Social Equality

No abstract provided.

Public International Air Lawfare: China’S Use And Abuse Of The Skies., Major Emily K. Johnson

American University National Security Law Brief

Following World War II, China entered a years-long period of civil war between the Kuomintang government, which was then in power as the government of the Republic of China, and the Chinese Communist Party. After years of conflict, the Kuomintang was forced to retreat to the island of Taiwan in 1949, effectively and reluctantly ceding the Chinese mainland to the Chinese Communist Party. Despite its best efforts, the Kuomintang never regained control of mainland China in the ensuing years; however, it never dissolved and instead remained in place on Taiwan.

As a result, Taiwan, which lies a mere 80-100 miles …

Legal Practice Practicums: Making A Case For Change: A Way Forward, John O. Sonsteng, Michael Sonsteng, Kenneth Rubenzer

Faculty Scholarship

No abstract provided.

Oh Mother, Where Art Thou Paycheck?: Answering The Mommy Blogger Dilemma With Increased Privacy And Financial Protections For Minors, Sarah M. Parker

SPARK Symposium Presentations

This paper provides an overview of the current child entertainment laws and highlights the need for increased protection of minors working on social media, ultimately arguing for the adoption of a nationwide Coogan Law modeled after Illinois' law and the European Union's General Data Protection Regulation. The paper provides a sample Uniform Coogan Code that jurisdictions could adopt to implement such protections for minors online, including provisions covering required savings, financial access by parents, and the right to be forgotten.

The Literary Arsenal In Fahrenheit 451: The Second Amendment Case Against Censorship, Kristen M. Boguslawski

SPARK Symposium Presentations

This paper argues that First Amendment challenges alone are not enough to address the rise of book bans in the United States. As restrictions increasingly limit access to works by minority and LGBTQ plus authors, new constitutional approaches are needed. Using the Law and Literature framework and Fahrenheit 451, the paper proposes applying Second Amendment principles to literature.

It contends that books function as powerful tools that shape thought and protect individuals from harmful ideas and government control. Like firearms, they support self defense, guard against government overreach, and provide personal value. By drawing this comparison, the paper shows that …

Scrutinizing Sex, Jessica A. Clarke

University of Chicago Law Review

Critics of the Supreme Court’s equal protection jurisprudence despair that the Court conceives of discrimination as the mere classification of individuals on for- bidden grounds, such as race and sex, rather than systemic patterns of subordination. On the Court’s anticlassification theory, affirmative action, which relies on overt racial or gender classifications, is generally forbidden. Anticlassification rules are insensitive to context: a classification is a classification, no matter how well intentioned it might be, no matter what effects it might have, and no matter if it treats members of various groups in ways that are substantively equal. Whether a classification might …

Shedding Light On Secret Settlements: An Empirical Study Of California’S Stand Act, David Freeman Engstrom, Nora Freeman Engstrom, Jonah B. Gelbach, Austin Peters, Garrett M. Wen

University of Chicago Law Review

Catalyzed by the #MeToo movement, states have adopted a spate of laws restricting secret settlements—controversial contracts that shield misconduct from public scrutiny. In 2018, California led the charge with the Stand Together Against Non-Disclosure (STAND) Act, which targets secrecy in the resolution of sex discrimination, harassment, and abuse cases. In the intervening years, more than a dozen states followed suit with restrictions of their own.

Reigniting a decades-old debate, transparency advocates hail these reforms as a major win for victims. They celebrate STAND and its legislative progeny as a way to promote accountability, facilitate accuracy in case adjudication, and publicize …

Reestablishing Religion, Richard C. Schragger, Micah Schwartzman, Nelson Tebbe

University of Chicago Law Review

In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected separationism, which limited government support of religion, and it has adopted interpretations of disestablishment and free exercise that provide special solicitude for religion. Now, the government must treat religion equally with respect to providing public benefits. But it must also grant special exemptions from regulations that burden religion. This pattern of equal treatment for benefits and special exemptions from burdens yields a doctrinal structure that gives preference to religion. We refer to this regime as structural …