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- Digital repository featuring a searchable,online collection of scholarly legal research and information
- Digital repository featuring a searchable, online collection of scholarly research and information
Recent Submissions
“Warning: Algorithms Harm Children”: How Texas’s Failure to Warn Doctrine Can Address the Youth Mental Health Crisis
(2024) Dick, Samuel
In this article, the author explores how Texas’s failure to warn doctrine could be applied to address the adverse effects of algorithms on youth mental health. The article argues that technology companies have a duty to warn about the potential harms their algorithms may pose to children, given the rising concerns over digital platforms impacting mental well-being. By analyzing the doctrine's potential application in this context, the author proposes a legal framework that could enhance accountability and safeguard young users. The discussion includes an examination of the intersection between technology, law, and mental health, advocating for proactive measures to mitigate risks. The article ultimately seeks to leverage existing legal principles to better protect children from algorithm-driven harm.
Silence is Violence: Protecting Title IX Victims by Applying Title VI’s Hostile Environment Framework to Claims of Further Vulnerability
(2024) Arnold, Bryn
In this article, the author advocates for the adaptation of Title VI’s hostile environment framework to better address and protect victims under Title IX. The article argues that Title IX's current mechanisms fall short in addressing the nuanced experiences of further vulnerability faced by victims of sexual harassment and assault. By applying the more comprehensive hostile environment criteria from Title VI, the author proposes a robust approach to ensure greater protection and accountability. The discussion includes a critical analysis of existing legal standards and the benefits of integrating this framework to enhance victim support and institutional response. The article calls for reform to create a more inclusive and effective legal strategy for safeguarding Title IX victims.
Bankruptcy & Commercial Law
(2023) Henry, Sally M.
In this article, the author provides a comprehensive review of recent developments in bankruptcy and commercial law as covered in the 2023 SMU Annual Texas Survey. The article examines key legislative changes, judicial rulings, and emerging trends impacting bankruptcy practices and commercial transactions. It highlights significant case law and statutory amendments that have shaped the current legal landscape, offering insights into their practical implications for practitioners and businesses. The review also explores the evolving interplay between bankruptcy law and commercial regulations, emphasizing areas of reform and ongoing challenges. This article serves as a valuable resource for understanding recent shifts and preparing for future developments in these critical areas of law.
The Case for Attempted Perfidy: An "Attempt" to Enhance Deterrent Value
(2023) Corn, Geoffrey S.
In this article, the author argues for recognizing attempted perfidy as a distinct and actionable offense under international law. The article contends that incorporating attempted perfidy into legal frameworks would strengthen deterrence against deceptive practices in armed conflict. By analyzing the concept of perfidy and its implications for the laws of war, the author highlights how acknowledging attempted perfidy could enhance compliance and accountability. The discussion includes a critical evaluation of existing legal provisions and their limitations in addressing preemptive deceptive acts. The article ultimately advocates for legal reforms to better address and deter deceptive tactics in warfare.
Attack Decisions: Expanding the Aperture of Accountability
(2023) Corn, Geoffrey S.
In this article, the author examines the legal and ethical dimensions of decision-making processes in the context of military and security operations. The article argues for a broader framework of accountability that addresses not only the immediate actions but also the strategic and policy decisions influencing attacks. By analyzing recent case law and operational examples, the author highlights gaps in current accountability mechanisms and proposes enhancements to ensure greater oversight and responsibility. The discussion emphasizes the need for transparency and ethical considerations in decision-making to align actions with international norms and standards. This article contributes to the ongoing debate about improving accountability in military and security contexts.