Law Commons^™

A Civil Rights Defense Of Gentrification, Carol Brown

Law Faculty Publications

Scholars across disciplines such as sociology, economics, and urban planning are writing about gentrification. The literature and beliefs surrounding gentrification are very diverse, but what often connects the various views is a negative perception that gentrification always disadvantages and displaces low-income minority residents, physically or culturally. But the connotations of race and class associated with gentrification in the minds of many do not align with the empirical research and scholarly findings. Thus far in law, there is no thick legal account of gentrification and its legal or policy implications. Much of the legal writing is predicated upon an inaccurate conception …

Living The Good Life In The Anthropocene, Danielle Stokes

Law Faculty Publications

The Stockholm Resilience Centre has concluded that the number of “planetary boundaries” we are crossing has increased from three in 2009, when the Centre’s researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization. And the distinction between “safe” and “just” planetary boundaries raises questions regarding how to conceptualize the “good life.” In this latest in a biannual series of essays, members of the Environmental Law Collaborative explore conceptions of the “good” as well as the various elements necessary to …

Trust Law And The Tides Of Colonialism, Allison Anna Tait

Law Faculty Publications

Tethered to and inextricably linked with the absence or decline of democratic governance, there has always been empire. Empires rise and fall, as they say, but the imperial impulse is perennial and new iterations of old empires emerge with dismal regularity, showing us that imperial formations are hard to erase...

The Masterplot Of The Market, Allison Anna Tait, Luke Norris

Law Faculty Publications

Stories about the family, work, and the market circulate in law, legal discourse, and beyond. The family, we are told by numerous authorities, is a non-market site, centred on emotional attachment rather than economic transaction. It is a site of interpersonal care, growth, and nurturance that acts as a counter to the excesses of an unbridled marketplace. The market, in contrast, is a site where autonomous beings contract, pursuing their interests efficiently and maximising wealth. This is one masterplot of the market, which, as it operates in the United States, constructs certain household members outside of the market and constructs …

The Resurgence Of Massive Resistance, Danielle Wingfield-Smith

Law Faculty Publications

“Massive Resistance” to equal access to good quality public education is resurging across the nation. First employed by segregationists in Virginia, Massive Resistance spread across the South to oppose school desegregation. This extreme push to suppress equitable education occurred most notably post-Brown. Although 2024 marked Brown’s seventieth anniversary, Massive Resistance is again surging. In fact, the last few years have witnessed increasing resistance to publicly funded education. Some areas where anti-public education resistance strategies have manifested include political rhetoric around Critical Race Theory, library censorship, and renewed parental rights debates.

To devise the most effective response to …

New Jersey's Mitigation And Adaptation To Climate Change: An Economic Analysis Of The State's Societal Benefits Charge And Community Solar Energy Program, Nicole S. Provost

Theses, Dissertations and Culminating Projects

Understanding the current trajectory of New Jersey’s emissions and the existing legislation and programs implemented to help reduce emissions, it is evident that the State requires further actions to spur heightened emission reductions to reach its goals. One known impactful policy that could significantly accelerate this process is a carbon tax, which applies to emission-intensive goods. Although this policy does not currently exist in New Jersey, the State has a Societal Benefits Charge (SBC) that applies an approximate 3% charge to electricity and gas consumption on residential and commercial utility customers’ monthly energy bills, where revenues fund programs that offer …

Tribute To Professor C. Paul Rogers Iii, Kathrine Maldonado

SMU Law Review

No abstract provided.

Towards The Abolition Of The Immigration Detention Of Children In The United States, Lauren E. Bartlett

All Faculty Scholarship

For over a decade, international human rights mechanisms have been calling for the prohibition of the detention of children based solely on immigration status. Human rights experts agree that the detention of children for immigration purposes is never in the best interests of the child, it leads to long-term harm, and it is a clear human rights violation. Until recently, the United States has detained hundreds of thousands of migrant children in cages each year and we have still not outlawed the inhumane practice. This article argues that engaging with international human rights mechanisms on this topic, including during the …

The Value Of A Statistical Life: From Skin In The Game To Vision Zero, Michael C. Duff

All Faculty Scholarship

This essay discusses justice issues surrounding occupational safety and health and assesses the ethical legitimacy—the justice—of regulatory cost benefit analysis when the costs in question involve the risks and realization of workplace injury and fatalities. The current “value of a statistical life” for legal-regulatory purposes is 13.1 million dollars. While economists are careful to say that this figure does not “really” represent an attempt to value any particular life, the purpose of even calculating the number is to provide an “aggregated” statistical justification for saying “no” to rules requiring safer work. This seems acceptable until you, or someone you love, …

Dean Rogers: The Wyoming Whiz Kid, Jake Torres

SMU Law Review

No abstract provided.

Professional Liability, Shelby Taylor, R. Max Ward, Levi Klinglesmith

SMU Annual Texas Survey

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Sky’S Not The Limit: Navigating Starlink’S Impact On Global Connectivity And Regulation, Michael N. Hillebrand

SMU Science and Technology Law Review

This case note examines the governance implications arising from the onset of accelerated satellite internet expansion and explores potential regulatory solutions for effective governmental oversight. Due to the interconnected nature of the internet and its global network, international organizations and treaties play a crucial role in content and data regulation, and rapid technological evolution presents increasing difficulties for these regulatory frameworks to keep pace. These challenges are particularly evident in satellite-based broadband internet services, with SpaceX’s Starlink emerging as the most prominent and currently relevant service in this domain. Proponents of this technology emphasize its ability to provide internet access …

Crypto Chaos In The Courtroom: Navigating Bankruptcy’S Digital Gold Rush, Grayson Timmins

SMU Law Review

The explosion of cryptocurrency, along with other digital assets, has led to many new transactions and investment opportunities for those interested in broadening their portfolios. While cryptocurrency is new, the failure of a cryptocurrency exchange requires the application of the same bankruptcy procedures in the same way as parties using traditional U.S. currency. In bankruptcy, these intangible assets are designated property of the estate and are deemed subject to the court’s jurisdiction. At this point, an issue arises: Once classified as property of the estate, how should crypto be classified?

The lack of regulatory infrastructure regarding this classification further complicates …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Fake Parts, Real Threats: Combating The Infiltration Of Counterfeit Parts In The Aviation Industry, Jennifer Su

Journal of Air Law and Commerce

This Comment addresses the historic and current-day issue of counterfeit aircraft parts in the aviation industry. Counterfeit parts—also known as fake parts, bogus parts, unapproved parts, and suspected unapproved parts (SUPs)—are any parts that do not conform to the U.S. Federal Aviation Administration’s (FAA) standards and regulations. Given the lackluster availability of public information and coverage over the issue, this Comment aims to bring more attention to the very real threat of fake aircraft parts.

From the beginning of U.S. commercial aviation and the creation of regulations governing aircraft designs and parts, counterfeit parts have plagued the aviation industry. Although …

Cross-Border Limitations And Exceptions To Copyright: “Powered By Ai.”, Trimble, Marketa

Santa Clara High Technology Law Journal

Businesses and institutions that wish to utilize copyright protected works in multiple countries face a multiplicity of national copyright laws; although national copyright laws have been harmonized in accordance with several international treaties and harmonized even more in the European Union member states by European Union legislation, countries’ copyright laws continue to vary. The multiplicity of national copyright laws raises costs of transnational operations, including for businesses and institutions that rely on limitations and exceptions to copyright (“L&Es”) in multiple countries. For example, AI companies might want to rely on L&Es to train and deploy their AI in multiple countries, …

Level Up Your Legal Knowledge: A Gamer’S Guide To Navigating Copyright Challenges For Video Game Music Covers And Sheet Music Arrangements., Lee, Aliza Jimin

Santa Clara High Technology Law Journal

Video games are a significant part of many people’s lives, offering immersive worlds, memorable experiences, and music that stays with us long after the controller has been put down. Fans and players who love video game music often express their appreciation by creating music covers, arranging sheet music, and performing video game compositions. However, the legal complexities surrounding copyright are not always top of mind for these creators. This paper explores the intersection of copyright law and fan-created video game music, focusing on covers and sheet music arrangements. It outlines how ownership of music in the video game industry is …

Ecosocialism, Degrowth, And Global South Thought: Critical Legal Transformations, Nicholas F. Stump

William & Mary Environmental Law and Policy Review

This Article explores how Critical Legal Research (CLR) can help drive transformations of our ecological political economy towards true system change. CLR entails a critical legal theory–informed approach to legal and broader socio-legal research. After articulating the CLR framework, this Article explores its potential in the context of leading and intertwined bodies of theory for transformative change: ecosocialism, degrowth, and Global South and Indigenous thought. Next, this Article offers concrete avenues to help pursue such emancipatory change—i.e., specifically focusing on the popular conception of an “ecosocialist transition.” Ecosocialist transition strategies include non-reformist reforms, dual power, a radical just transition, and …

Problems Of Compliance In Election Law, Lisa Marshall Manheim

Articles

Elections do not operate in perfect compliance with the law. Instead, irregularities are routine and, to some extent, inevitable. The law of elections responds to this tension by recognizing that only some legal irregularities, under only some circumstances, have even the potential to invalidate an electoral process. One manifestation of this response involves variable standards of compliance. Doctrines implicated by these standards recognize that some election rules require only substantial compliance, rather than strict compliance, to be considered fulfilled. These compliance standards serve a vital role in election law regimes across the country. The basic operation of these standards is, …

Feedback Loops: Feedback Thresholds, Patrick Barry

Articles

The idea that folks "Become more comfortable about talking because they see other people do it" may seem simple. But the effect can be profound-on jury pools, in classrooms, and when trying to get a robust dose of feedback from an initially reticent group.

Statutory Liquidation, Daniel Deacon

Articles

When might practice by the political branches settle the meaning of legal text? That question has mostly been taken up in the constitutional setting, with one strand of scholarship taking inspiration from Madison's statement in Federalist No. 37, that "{a}ll new laws ... are considered as more or less obscure and equivocal until their meaning be liquidated and ascertained by a series ef particular discussions and aqjudications." The prospect that post-enactment practice might liquidate the meaning of statutory text has been comparatively underexamined. That's not surprising. Under modern textualism, post-enactment considerations would seem to have little place. And under Chevron …

Nanaboozhoo And Derrick Bell Go For A Walk, Matthew L.M. Fletcher

Articles

When the Anishinaabeg were new to Anishinaabewaki, they knew little about how to fend for themselves. The animals and plants took pity on them and taught the Anishinaabeg. One winter, as the food stores of the Anishinaabeg were running out, an ininaatig (maple tree) saw an Anishinaabe innini (man) weakly scavenge for food. The ininaatig decided to offer part of itself to the Anishinaabeg. The ininaatig told the innini to cut off a branch. Ininaatigwabo, delicious, thick maple syrup, oozed from the stump. There was enough to feed the innini for many days. And there were many, many ininaatigoog …

Pumpable Hours: Legal Protections For Lactating Individuals Through The Lens Of The Legal Profession, Elise Gonzalez

American University Journal of Gender, Social Policy & the Law

The Supreme Court denied women the right to be admitted to the legal profession in 1872. Since this ruling, women have entered the legal profession with force in growing numbers. Today, women comprise nearly 55% of law students across the country and 40% of practicing attorneys in the United States. Despite the growing number of women in the legal profession, women are often reminded of the profession’s sexist history, particularly during a period that is uniquely connected to women—motherhood.

We Can't Apply From The Grave: Why The Asylum Standard Of Proof Fails Those Who Need It Most, Hilana Said

American University Journal of Gender, Social Policy & the Law

A woman in Florida sits in front of her TV, unsure if the sound of static is coming from shock or the screen. Her eyes reflect the fires that blaze from within her church in Alexandria, Egypt. Numbly, the pads of her fingers attempt to call family members, praying that, for once, they skipped service. She lets go of a breath she did not know she was holding. The time between now and another attack exists on a clock that she cannot see. But she knows it is ticking.

The Inadequacy Of Perpetuating Vestiges Of Segregation In K-12 Curriculum: The Justiciability Of Reviewing Duties To Adequacy In Florida's Education Clause, Soumya Sreerama

American University Journal of Gender, Social Policy & the Law

Although the Supreme Court declared segregation the most abusive affront to education and ruled to eliminate vestiges of segregation “root and branch,” those same roots have grown unchecked to remain prominent today. One of the undercurrents of state-sponsored discrimination that has escaped desegregation remedies is the skewed, whitewashed curriculum that permeated K-12 classrooms in Jim Crow America. More troubling, is that those vestiges of an inadequately biased curriculum are still slithering in students’ courses today. Although student movements and education reformists have attempted to counter skewed curricula by supplementing them with separate ethnic studies courses, states like Florida recently passed …

Property Problems In The New Non-Marriage: Inheritance, Eliot Tracz

American University Journal of Gender, Social Policy & the Law

Marriage equality has been a hotly contested topic for many years, in both the court of public opinion and in courts of law. Major Supreme Court cases have found that marriage is a fundamental right, yet issues such as marriage outside of one’s race or to a person of the same gender have still been topics of litigation. At times, the very definition of marriage has been at issue, but throughout all of this litigation, courts have consistently defined marriage as a relationship between two people.

From The Kkk To The Modern Day: How An Accurate Understanding Of History Can Inform The Proper Standard For Punishing Civil Rights Conspiracies Under 42 U.S.C. § 1985(3), Bair Srivastav

American University Journal of Gender, Social Policy & the Law

Following the Civil War, Congress passed the Reconstruction Amendments, which secured political rights for newly freed slaves and ushered in a new era for the United States. The Union defeated white Southerners on the battlefield and removed former Confederates from the halls of political power. But white Southerners were still Confederates in spirit. Full of racial hatred, they did not perceive a new era of freedom, but a world twisted into an unnatural order where African Americans walked freely amongst white people and participated in the political process of Southern society. In response to the extension of basic freedoms to …

Harmful Connections: How Tort Law Can Address Algorithmic Account Recommendation Harms And Protect Youth Social Media Users, Francesca Kennedy

American University Journal of Gender, Social Policy & the Law

In 2023, the United States Surgeon General published an advisory to bring an urgent public health issue affecting America’s youth to the nation’s attention. The urgent public health issue was the ongoing negative impact of social media on children and adolescents. The report revealed that ninety-five percent of youths aged thirteen to seventeen use social media. Exposure to harmful content poses a risk to their mental health, including body dissatisfaction, disordered eating, depression, and, in extreme cases, death. Their mental health is also harmed by predatory behaviors and interactions with malicious adults that target and exploit minors on internet platforms. …

Ending The Cycles Of Voter Suppression, Gilda R. Daniels

Articles

No abstract provided.