Law Commons^™

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

The Economics Of Healthcare Fraud, Jetson Leder-Luis, Anup Malani

Public Law and Legal Theory Working Papers

Healthcare fraud imposes a sizable cost on U.S. public healthcare budgets and distorts health care provision. We examine the economics of health care fraud and enforcement using theory and data and connect to a growing literature on the topic. We first offer a new economic definition of health care fraud that captures and connects the wide range of activities prosecuted as fraud. We define fraud as any divergence between the care an insurer says a patient qualifies for, the care a provider provides, and the care a provider bills for. Our definition clarifies the economic consequences of different categories of …

Can Ai Hold Office Hours?, Lisa Larrimore Ouellette, Amy R. Motomura, Jason Reinecke, Jonathan S. Masur

Public Law and Legal Theory Working Papers

Rapid improvements in AI tools offer transformative opportunities in legal education, including the possibility of students using AI tools to answer questions that students might otherwise ask during office hours. But a critical challenge is the accuracy of these tools’ responses. Both general-purpose and law-specific AI models have been shown to “hallucinate” incorrect responses to a range of legal questions. Here, we evaluate the current capabilities of AI models when given the more constrained task of answering questions about a specific legal text. We provided three AI tools—OpenAI’s GPT-4o, Anthropic’s Claude 3.5 Sonnet, and Google’s NotebookLM—with the text of Masur …

From Wtp To Wtf: Valuation And Distributive Discourse, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

Islands Of Algorithmic Integrity: Imagining A Democratic Digital Public Sphere, Aziz Z. Huq

Public Law and Legal Theory Working Papers

This essay offers a new analytic lens for evaluating the design of digital platforms from the perspective of democratic values. It develops a model of desirable platform design, and them ask present legal interventions move is toward that aspiration. The aspirational model is not draws on an idea found in the scholarly literatures in political science and sociology about economic development . This is the notion that development policy should aim to seed “islands of integrity,” into patrimonial or nepotistic state structures as a way of building foundations for a more robust and hence public-regarding state apparatus. This literature explores …

Structural Logics Of Presidential Immunity, Aziz Z. Huq

Public Law and Legal Theory Working Papers

In Trump v. United States, the Supreme Court wrought two new presidential immunities from criminal prosecution. Supplemented by a pair of penumbral evidentiary rules, these inhibit criminal indictment or conviction of the president, and indeed many subordinate officials, across many imaginable fact-patterns. The Court justified this result on consequentialist, not originalist or precedential, grounds. But its analysis of immunity’s effects was radically incomplete. It focused narrowly on the person of the president, eschewing any attempt to situate or relate that individual’s incentives and behavior to the wider institutional contexts of the executive branch at large or the partisan-political environment of …

Stubhub For Courts? Technology, Markets, And New Solutions To Court Congestion, Ronen Avraham, William H. J. Hubbard

Public Law and Legal Theory Working Papers

Rescheduling of court hearings is ubiquitous but virtually ignored by academic scholarship. This is so, despite its contributions to court congestion, a perennial problem for courts that has been the subject of repeated, and repeatedly unsuccessful, efforts at reform. In this Article, we aim to show that rescheduling merits scholarly attention, and by diagnosing why and how it contributes to court congestion and delay, we both explain why most efforts at reducing delay fail and identify new possibilities for speeding up dockets. We draw inspiration from online platforms such as StubHub and SpareFare, technologies that have facilitated rescheduling through easy-to-use …

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

Public Law and Legal Theory Working Papers

No abstract provided.

The Society Cases, Adam A. Davidson

Public Law and Legal Theory Working Papers

No abstract provided.

Extradition In The Early Republic: International Law And Constitutional Authority, Curtis Bradley

Public Law and Legal Theory Working Papers

This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law. Through detailed analysis of early American extradition controversies—including the Longchamps Affair and the Robbins case—the Article shows how political actors and courts constructed the modern constitutional law of extradition, resolving key issues concerning presidential power, the role of the states, and the scope of congressional authority. This regime, the Article argues, emerged not from appeals to the constitutional text or original understandings, but rather from structural intuitions, consequentialist considerations, and, as time went on, historical traditions. As the Article …

Presidential Brokering In The Regulatory State, Jennifer Nou

Public Law and Legal Theory Working Papers

Presidents seeking to make regulatory policy face formidable hurdles—most recently, heightened litigation risk, reduced judicial deference, and political polarization. In response, they have increasingly relied upon the Executive Office of the President (“EOP”) to manage these challenges. This Foreword spotlights the practice of presidential brokering, a structured process often led by White House policy councils such as the Domestic Policy Council and National Economic Council. Brokering involves the delegated authority to generate and test regulatory options through moderated deliberation with the rulemaking agency and other components of the EOP, ultimately shaping select rules to align with the highest presidential priorities. …

The Limits And Promise Of Global Antitrust Law, Anu Bradford, Adam Chilton, Katerina Linos

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 …

Bargaining In The Shadow Of The Efaa, Samuel Cole

Public Law and Legal Theory Working Papers

No abstract provided.

A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A.H. Miller

Public Law and Legal Theory Working Papers

No abstract provided.

Remedies In The Officer Removal Cases, Samuel L. Bray

Public Law and Legal Theory Working Papers

When an officer challenges her removal by the president, what relief is available? This Article shows that the appropriate remedy will typically be a declaratory judgment. The interim relief question is harder. The suggestion here is that if an officer sues immediately to challenge her removal, there should be a presumption that the federal courts will prevent her removal during the pendency of the litigation. Otherwise, the presumption should be against interim relief. This approach is grounded in the principles of equity, and it prevents “flipping” back and forth in who occupies the office during the litigation.

The Reception Of Novella, Daughter Of The Bolognese Jurist Giovanni D'Andrea, In Christine De Pizan's City Of Ladies, Mary Anne Case

Public Law and Legal Theory Working Papers

Although the announced theme of Book 2, Chapter 36 of the Livre de la cité des dames is “against those men who claim it is not good for women to be educated,” a clear subtheme is filiation, since each of the three learned women on whom the chapter focuses – Hortensia, Novella, and Christine herself – is educated by her learned father. As it happens, the three women also have in common that they used their learning to defend their sex, but, interestingly, the chapter only discusses this “support for the cause of women” with respect to one of them, …

Algorithmic Selection Of Iconic Constitutions, Tejas Ramdas, Patrick Chung-Chia Huang, Nuno Garoupa, Martin T. Wells, Yun-Chien Chang, Tom Ginsburg

Public Law and Legal Theory Working Papers

This chapter examines the influence of pre-20th century constitutions using a quantitative approach, comparing expert-selected “iconic” constitutions with those identified algorithmically. In prior work, human experts identified four influential constitutions: the U.S. 1791, France 1791, Spain 1812, and France 1848. Here, we employ a genetic algorithm and Document Term Matrix (DTM) analysis to assess which one or four of 180 pre-1899 constitutions had the greatest textual impact on 581 post-1900 constitutions. Two criteria guide the selection: coverage and originality. Through iterative optimization, the algorithm identifies the most textually influential constitutions, allowing for a direct comparison with expert selections. This chapter …

Do Constitutional Unamendability Rules Make A Difference?, Adam Chilton, Mila Vertseeg

Public Law and Legal Theory Working Papers

Leaders often try to amend constitutions to remove checks on their powers. To help protect against such democratic erosion, constitutional drafters and jurists sometimes restrict constitutional amendments by: (1) specifying in the constitutional text that certain clauses or principles can never be changed (“Eternity Clauses”); (2) granting apex courts the power to review the procedural validity of amendment processes (“Amendment Review”); or (3) developing judicial doctrines that block amendments that change the constitution’s nature (“Unamendability Doctrines”). But are unamendability rules actually associated with differences in countries’ levels of democracy? We argue that Eternity Clauses are likely to emerge in conditions …

Fear Of Balancing, William Baude

Public Law and Legal Theory Working Papers

As a new Supreme Court majority settles into a new era of constitutional adjudication, the Justices will confront important methodological questions. How are they to go about interpreting the Constitution? In the Second Amendment case of United States v. Rahimi,1 many of the Justices wrote separately to debate broader methodological questions about constitutional interpretation. They expressed a shared desire to turn away from judicial “balancing” of interests in adjudicating constitutional rights in favor of founding-era understandings. That is a healthy instinct, but founding-era understandings may in truth lead to balancing, so maintaining an originalist approach and an opposition to balancing …

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.