Recent Articles
Article III, Judicial Restraint, and This Supreme Court
By Joseph S. Diedrich Abstract Article III of the U.S. Constitution establishes a federal judiciary with powers and functions separate and distinct from the other branches. During its October 2017 Term, the U.S. Supreme Court decided three cases that turned on an...
read moreAntidiscriminatory Privacy
By Ignacio N. Cofone Abstract Law often blocks sensitive personal information to prevent discrimination. It does so, however, without a theory or framework to determine when doing so is warranted. As a result, these measures produce mixed results. This article offers...
read moreGlobal Platform Governance: Private Power in the Shadow of the State
By Hannah Bloch-Wehba Abstract Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These...
read moreRecent Student Work
“Show Me the Affidavit”— Ambiguity Persists in the Application of the Common Law Right of Access to Pre-Indictment Records
By Nathaniel Hopkins Abstract In United States v. Sealed Search Warrants (Warrants), the Fifth Circuit issued a ruling within an existing circuit split holding that district courts must conduct a case-by-case analysis to determine whether the common law right of...
read moreGood Faith Concurrent Trademark Use: How the Ninth Circuit Took a Step in the Right Direction for Broad Protection in a Digital Time
By Dominic Riella Abstract Common law concurrent trademark use is based on the judicially created Tea Rose–Rectanus doctrine. Although the Lanham Act has codified much of trademark law, courts today still apply some old common law concepts, including the Tea...
read moreLiable for Libel?—The Texas Supreme Court’s Opinion on Opinions and Implications
By Griffin S. Rubin Abstract Law professors and legal commentators seldom spare a kind word for the distinctive “anomalies and absurdities” that constitute defamation law, as these “senseless distinctions and overly technical rules” have left judges and juries...
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All SMU Law Journals
SMU Dedman School of Law is proud to be the home of three independent law review associations, which altogether publish eight independent legal journals.
SMU Law Review Articles
In addition to recent articles, our digital repository also includes over 3,700 SMU Law Review articles published since 1947.
SMU Law Review Forum
In addition to the print journal, the SMU Law Review has launched an online journal, the SMU Law Review Forum, for timely articles and responses to print scholarship.
Corporate Counsel Symposium
The 27th Annual Corporate Counsel Symposium is tentatively planned for October 18, 2019. The one-day symposium features panel discussions addressing timely legal issues relevant to both in-house and outside counsel.