Recent Articles
Born in Dissent: Free Speech and Gay Rights
By Dale Carpenter Abstract In 1924, Illinois issued a charter for a non-profit corporation, the Chicago-based Society for Human Rights (SHR). The group’s founder, Bavarian-born Henry Gerber, borrowed its name from a gay rights group in 1920s Germany, where the...
Speech and Exercise by Private Individuals and Organizations
By Kent Greenawalt Abstract A central issue about redundancy concerns how far the exercise of religion is simply a form of speech that is, and should be, constitutionally protected only to the extent that reaches speech generally. Insofar as a constitutional analysis...
“And the Truth Shall Make You Free”: Schenck, Abrams, and a Hundred Years of History
By Rodney A. Smolla Abstract "And ye shall know the truth, and the truth shall make you free.” This biblical verse, from the Christian New Testament Gospel of John, is etched into the wall of the original main building of the Central Intelligence Agency, expressing a...
Recent 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...
Good 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...
Liable 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...
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 28th Annual Corporate Counsel Symposium is tentatively scheduled for October 16, 2020. The one-day symposium features panel discussions addressing timely legal issues relevant to both in-house and outside counsel.
A publication of