Published four times each year, the SMU Law Review reaches law schools, attorneys, and judges throughout the United States and abroad. Each issue includes articles by prominent legal scholars and practitioners dealing with significant questions of local, national, and international law. In addition, articles by students analyze recent cases, statutes, and developments in the law. The SMU Law Review also sponsors the annual SMU Corporate Counsel Symposium on current developments in corporate law. The symposium attracts corporate practitioners from throughout the United States.
The SMU Law Review began in 1947 as Texas Law and Legislation. The journal then published under the name Southwestern Law Journal in 1948 and has been published as the SMU Law Review since 1992. All editing is done by student members of the board of editors and the staff of the SMU Law Review Association. The Association also publishes the Journal of Air Law and Commerce and the SMU Annual Texas Survey.
Current Issue: Volume 76, Issue 3 (2023)
Front Matter
Front Matteriii
Preface
Symposia
The Future of Substantive Due Process: What Are the Stakes?Erwin Chemerinsky427
An Originalist Theory of Due Process of LawRandy E. Barnett441
Right to Counsel in Civil Cases: Protector (and Source?) of Substantive Due Process RightsJohn Pollock449
Articles
Challenges in Substantive Due Process LitigationNancy Leong459
Secrecy and Transparency in Substantive Due Process LitigationDustin B. Benham483
State Constitutional Rights, State Courts, and the Future of Substantive Due Process ProtectionsJonathan L. Marshfield519
From Liberation To (Re)Criminalization: Dobbs v. Jackson Women’s Health Organization, Bodily Autonomy, and the Expansion of State RightsRobin S. Maril551
Death After DobbsKathy L. Cerminara571
Renewing Educational AutonomyJohanna Kalb589
Constraining and Licensing Arbitrariness: The Stakes in Debates about Substantive-Procedural Due ProcessHelen Hershkoff and Judith Resnik613
The U.S. Constitution is Not a Code: Unraveling the Idea and the Meaning of Substantive Due ProcessSimona Grossi649