Law Commons^™

Tribute To Professor Joseph Jude Norton, Ross P. Buckley

SMU Law Review

No abstract provided.

A Tribute To James L. Walsh Distinguished Faculty Fellow And Professor Joseph Jude Norton, Harriet E. Miers

SMU Law Review

No abstract provided.

In Memoriam: Professor Joseph J. Norton, Douglas W. Arner

SMU Law Review

No abstract provided.

The Vision And Inception Of The Legal Aid Clinic At Smu School Of Law, Amy Kearney

SMU Law Review

This paper examines the impetus behind the creation of the SMU Clinic and analyzes how the clinic actually worked in its early years and whether the clinic accomplished its objectives. I wrote this paper during my last semester of law school while participating in the SMU Clinic as a student attorney. While researching this paper, I had the pleasure of speaking with some of the first student attorneys that participated in the SMU Clinic, many of whom went on to practice law for decades afterwards. I greatly enjoyed hearing their perspectives, and love that I was able to similarly provide …

Can Criminal Defense Attorneys Be Victim-Centered?, Natalie Nanasi, Demetrice Lopez-Loftis

SMU Law Review

Attorneys defending those accused of intimate partner violence, like all lawyers, owe duties of zealous advocacy and confidentiality to their clients. But is there a place within these ethical obligations for them to also consider the safety of the victim? Defense counsel are often uniquely situated—by virtue of their relationships with their clients and victims—to help mitigate potentially serious harm. This article explores the spaces where defending an accused perpetrator of domestic violence and taking actions to limit further harm to a survivor are compatible. It also identifies areas where defense attorneys can obtain additional resources and data to inform …

75 Years Of Clinical Legal Education: Celebrating The Past While Looking To The Future, Mary Spector

SMU Law Review

In October 2023, the Clinical Program at SMU Dedman School of Law celebrated its 75th anniversary. The occasion provided an opportunity to celebrate seventy-five years of free legal services to thousands of clients over the years: real people with real problems without the means to hire a lawyer. Among the legal services provided were ones that ensured families had safe and affordable places to live, protected the rights of those in the criminal justice system, safeguarded seniors’ financial stability, assisted taxpayers in navigating disputes with the IRS, and ensured that employees obtain the benefits to which they are entitled.

During …

Front Matter

SMU Law Review

No abstract provided.

Death Is Disparate, Jesse Cheng

SMU Law Review

The high stakes of capital punishment demand heightened procedural safeguards: death is different, so the maxim goes. One such safeguard is the doctrine of individualized sentencing mitigation, which establishes the defense’s right to introduce expansively open-ended evidence about the defendant’s unique life circumstances when making the case for mercy at the penalty trial. But some have criticized individualized mitigation for upending prior efforts by the U.S. Supreme Court to establish consistency and fairness in death verdicts. This Article takes individualized sentencing to its logical limit by considering the doctrinal possibility of “adversarial parity,” whereby open-ended individualization is also extended to …

The War[Hol] Between Artistic Creativity And Commercial Use Within The Fair Use Defense, Morgan Houghtlin

SMU Law Review

In May 2023, the Supreme Court decided Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, articulating the standard for the “fair use” defense under a copyright infringement claim. The Court’s decision significantly narrowed the first factor of the fair use analysis, characterizing “purpose and use” in terms of the commercial nature of a secondary work with little consideration of the art’s creative value. This opinion deviates from the broader conception of “fair use” articulated in Campbell v. Acuff-Rose Music, Inc. (1994) and introduces various implications for modern-day artists and content creators. Specifically, Justice Sotomayor’s majority opinion and …

Creditor Considerations In Crypto Cases, Alan Rosenberg, Ross Hartog

Emory Bankruptcy Developments Journal

No abstract provided.

Opening Remarks, Keith J. Shapiro

Emory Bankruptcy Developments Journal

No abstract provided.

Non-Uniformity Is The New Uniformity: Inconsistent Quarterly Fees And Why The Bankruptcy Administrator System Must Go, Cody Turner

Emory Bankruptcy Developments Journal

The Bankruptcy Clause’s call for uniformity is one of the more mysterious and unstudied constitutional constraints on bankruptcy, yet it is an ever-present policy consideration. It is a flexible guidepost that functions as a minor constraint on bankruptcy law. However, courts have recently allowed this guidepost to bend too much. When the courts upheld a split bankruptcy administration system as constitutionally uniform, it set the stage for needless, avoidable litigation. The most recent examples of such needless litigation are the Supreme Court cases of Siegel v. Fitzgerald and Office of the United States Trustee v. John Q. Hammons Fall …

Third-Party Bankruptcy Releases And The Separation Of Powers: A Stern Look, Henry Reynolds

Emory Bankruptcy Developments Journal

In the last few years, bankruptcy scholars and professionals have criticized mass tort debtors’ use of chapter 11 bankruptcy as a litigation forum. One such criticism concerns mass tort debtors’ use of third-party releases: provisions in chapter 11 reorganization plans that enjoin creditors’ claims against non-debtor third parties. If a bankruptcy court approves such releases, creditors lose claims against the released third parties, which often include the debtor’s directors, insurers, or employees.

Third-party releases have troubled many. Critics and courts have said that third-party releases violate (1) the Bankruptcy Code, (2) bankruptcy policy, (3) the constitutional right to due process, …

Safe Harboring Sloppiness: The Scope Of, And Available Remedies Under, Sections 363(M) And 364(E), Vishal Patel

Emory Bankruptcy Developments Journal

No abstract provided.

Securities Law—The Issue With Designating Crypto Assets On The Secondary Market As Securities And Regulating Crypto Assets Appropriately, Bregje De Vet

University of Arkansas at Little Rock Law Review

No abstract provided.

Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson

Law Faculty Scholarship

Intimate partner violence (IPV) is one of the most complex issues that family dispute resolution (FDR) professionals encounter. Over one-third of women and one-quarter of men in the United States have experienced physical violence, rape, and/or stalking by an intimate partner in their lifetime (Black et al., 2011), and a majority of separation- and divorce-related cases involve IPV allegations (Ballard et al., 2011; Beck et al., 2010; Belzer, 2003). IPV often escalates, and is most dangerous, during and after separation and creates unique challenges for mediation and other collaborative processes (Beck & Raghaven, 2010; Kelly & Johnson, 2008). Therefore, all …

Climate Change And The Need For Arpa-C, Bryce Ebben

Marquette Intellectual Property & Innovation Law Review

No abstract provided.

Do Ndcs Submitted By The Parties Under The Paris Agreement Imply Binding Commitments? A Legal Analysis, Sharaban Tahura Zaman

American University International Law Review

NDCs submitted by State Parties under the PA genuinely do not represent commitments and intentions from the author State to be legally bound by the pledges they’ve communicated within their submitted NDCs. While NDCs reflect the political will and aspirations of nations, tied to their socio-economic realities, they lack concrete, enforceable domestic mitigation standards. This dilemma poses pressing questions: If NDCs are primarily political declarations and domestic courts don’t hold states accountable for their submitted mitigation targets, how can we ensure states fulfill their pledges for mitigation? Can NDCs genuinely drive state behavioral change for energy transition? Furthermore, there is …

U.S. Strikes Against The Houthis: A "Splendid Little War" Of Self-Defense, Benjamin W. Haight

American University National Security Law Brief

No abstract provided.

Sticker Shock: The Icj, Russia, And A $300 Billion Price Tag For War, Caitlyn Quinn

American University National Security Law Brief

Ukraine has experienced unprecedented devastation since Russia launched a full scale invasion into its Eastern territory in February 2022. Thousands have been killed, and billions of dollars of infrastructure has been damaged. As a result, over the past three years, the international community has been evaluating ways to hold Russia accountable and to help rebuild Ukraine upon the cessation of the war. Billions of dollars in Russian Central Bank assets have been frozen, and multiple states have proposed seizing Russia’s frozen assets to meet these objectives. However, outright asset seizure presents genuine legal concerns about foreign sovereign immunity and may …

An Artificially Intelligent Approach To Medical Device Monitoring, Cristian A. Rodriguez

St. Thomas Law Review

The integration of artificial intelligence (Al) in medical devices, particularly the subset of Al technologies known as machine learning, has sparked a new era of precision and efficiency in healthcare. AI/ML-enabled medical devices are proving to be invaluable as they have already improved patient diagnosis, treatment, and disease prediction. As machine learning continues to be adopted in medical devices, the U.S. Food and Drug Administration (FDA) continues to receive more marketing submissions and pre-submissions for AI/ML-enabled medical devices, a trend that is expected to increase over time. While the FDA has made significant progress in proposing regulatory frameworks that will …

The Future Of Livestock Genetic Engineering In The United States: Going Against The Grain Or With The Herd?, Sam Harvey

St. Thomas Law Review

For several years, the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) have carried tension over which agency should regulate genetically modified livestock. Recently, this tension has boiled over with the release of many articles and statements from each organization as they battle over regulatory authority, most notably the USDA's claim that they are ready to take the bull by the horns and control the regulation of genetically engineered livestock. This note examines history and present-day practices to predict which agency will succeed in this battle of regulations, the USDA or the FDA.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 36, Issue 2, Spring 2024.

Time For Reform, Not Abolition: Balancing Justice And Morality Through Amendment Of The Federal Death Penalty, Madison Steinkamp

St. Thomas Law Review

In 1987, President Ronald Reagan addressed Congress, saying it was "scandalous and intolerable" that federal law did not provide for an enforceable death penalty.' Ten years prior, following a brief moratorium on its application, the death penalty had been ruled constitutional. While thirty-five states had already reinstated the death penalty at the state level and constitutionally executed ninety-three prisoners since 1976, Congress had not yet enacted the rational, objective standards necessary for applying the death penalty constitutionally. In the year following his speech to Congress, President Reagan successfully signed the federal death penalty into law through the Anti-Drug Abuse Act …

Lessons From Rwanda: Why The U.K. Should Promote Reconciliation Through Localized Strategies In Place Of Prosecutorial Amnesty, Jeremy J. Perillo

St. Thomas Law Review

The United Kingdom ("U.K.") has a long, rich, and complicated history, but is likely better known contemporarily through its icons, the late Queen Elizabeth II and Big Ben, for example. Beyond that surface, formulated through its time as an expansive empire, is the complexity and controversy that comes with being the U.K., a prominent global hegemonic power throughout generations. One such complexity that has spanned centuries is the demarcation between Northern Ireland ("N.I.") and the Republic of Ireland. In early September 2023, the U.K.'s House of Commons ("Parliament") passed the Northern Ireland Troubles (Legacy and Reconciliation) Act ("the Act"), intending …

Britney Spears And Systemic Reform: Embracing Vulnerability In Conservatorship Laws, Helena Moradi, Bojan Perovic

South Carolina Law Review

No abstract provided.

Banned Books & Banned Identities: Maintaining Secularism And The Ability To Read In Public Education For The Well-Being Of America's Youth, Megan M. Tylenda

Indiana Journal of Law and Social Equality

Books containing LGBTQ+ themes and characters are being removed from public school libraries at a rapid rate across the United States. While a book challenge has made it to the Supreme Court once before, the resulting singular plurality opinion left courts without a clear test to apply, ultimately leaving students’ First Amendment rights in the air. Additionally, the increasingly relaxed view of courts towards religious influence in public schools indicates that if a modern case were to reach the Supreme Court, religious challenges may be accepted, which would leave LGBTQ+ students who seek to see themselves represented in literature without …

Countering Jihadi Cool And The Case Of Raza V. City Of New York, Caroline Joan S. Picart

Indiana Journal of Law and Social Equality

This Article begins with an explanation of the rhetoric, aesthetics, and culture of jihadi cool/chic, which is a crucial factor in the formation of self-radicalizing individuals. It then analyzes the jurisprudence, and legal and cultural ramifications of Raza v. City of New York, in which the New York Police Department had initiated an intense covert surveillance operation that focused on Muslims in New York and beyond without probable cause. This led to a lawsuit that claimed that the New York Police Department’s Muslim Surveillance Program violated the Fourteenth Amendment’s Equal Protection Clause, the First Amendment’s Free Exercise and Establishment Clauses, …

A Taxonomy Of Impeachment Methods Used Worldwide, Lucas Brown

Indiana Journal of Constitutional Design

Impeachment is a charge of misconduct against a government official who, if convicted, is removed from office before the term is set to end. A country can impeach any number of elected or appointed officials but is most frequently discussed in its use against the president of a particular country. This paper explores impeachment by looking at the impeachment methods used world-wide, attempting to draw a correlation between the method of impeachment used and the frequency of impeachment. The analysis shows that a correlation exists between the frequency of impeachment and the impeachment method used. It will also demonstrate how …

Alternative Routes For Military Grievance, Courtney Kintz

Indiana Journal of Constitutional Design

Once a country experiences a coup, that country is likely to experience another coup within six years and, since 1950, there have been at least 240 military coups. On average, about half of all coup attempts involve fatalities, with most resulting in governmental and civilian deaths. So, once a country experiences a coup, it is statistically likely that another coup will expose citizens to more uncertainty about their safety. For a citizen whose country has experienced a recent coup, this data is alarming as an incident of one coup starts the stopwatch for another coup occurring within a few years. …