SMU Law Review Forum

JALC

The SMU Law Review Forum is the online counterpart to SMU Law Review, the flagship journal at SMU Dedman School of Law. The Forum specializes in short-form, timely articles that are reviewed and published on an ongoing basis and with an accelerated schedule. 

The SMU Law Review Forum started seventy-two years after SMU Law Review’s first publication in 1947 and serves as a new format for authors to engage in timely debate on important legal issues. As SMU Law Review’s online counterpart, the Forum provides another platform for professors, practitioners, judges, legal scholars, and students to explore the implications of recent legal decisions, events, and trends. The Forum strives to publish contemporary scholarship and elevate the work of diverse individuals whose identities, viewpoints, and ideas have often been underrepresented in the legal field. 

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 SMU Law Review, the Journal of Air Law and Commerce, and the SMU Annual Texas Survey.

Recent Articles and Comments in Volume 77 (2024)

Unconscionability and Poverty

By Mark G. Kelman – Matthew Desmond made the claim in Evicted, his powerful work on housing insecurity, that those concerned with alleviating poverty should focus not merely on ensuring that poor people have higher disposable incomes, but on countering the exploitative price gouging that depresses the value of whatever income they have. This suggests the possibility that it might be a worthwhile anti-poverty strategy for courts to use the unconscionability doctrine to regulate exploitative contracts.

Three main issues follow from considering this possibility: (1) Do the poor actually pay more for goods of the same quality? (2) If they indeed pay more, do they do so because prices are exploitative? How should we define an exploitative price, and how can we identify that any particular group of buyers is indeed exploited? (3) Could courts seeking to make use of the unconscionability doctrine realistically identify cases in which poor people generally are overcharged, or will courts successfully invoke the doctrine to challenge unwarranted prices only when the price a particular seller charges exceeds some benchmark (e.g., the price charged before an emergency or the price charged to other buyers in highly similar transactions)? [...]


Section 363 Sales and Their Blind Faith in the Markets (Comment)

By Jacob DeSelms – Airlines tend to go bankrupt. In fact, all the so-called legacy carriers have gone bankrupt at one time or another. What leads these airlines into financial distress varies from case to case. Sometimes they are overrun by costs, and other times they lack sufficient demand. The concern of this paper, though, is not why airlines file bankruptcy—it is assumed that, from time to time, airlines will face financial distress and will require the protection of the U.S. Bankruptcy Code (the Code). Instead, this paper will examine how large firms such as airlines are navigating bankruptcies today. [...]

 

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Contact

Journal Coordinator
Lisa Ponce
ponce@smu.edu

President
Ellie Johnson
eleanor@smu.edu

Forum Executive Editor
Rachel Brachman
rbrachman@smu.edu
smulraforum@smu.edu

Forum Assistant Executive Editor
Deborah Claire Manson
dmanson@smu.edu

Submissions

Submission Instructions

Related links 

Journal of Air Law and Commerce

SMU Annual Texas Survey

SMU Law Review

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