Digital Commons Network^™

Expanding State Tax Authority: Public And Private Sector Impacts Of Wayfair, Maxwell Pastoria

Williams Honors College, Honors Research Projects

The 2018 Supreme Court decision in South Dakota v. Wayfair, Inc. (Wayfair) overturned the longstanding physical presence rule for state sales tax collection, enabling states to enforce tax obligations on remote sellers through marketplace facilitator and economic nexus laws (Oyez, 2018). This study investigates the effects of these two post-Wayfair tax laws on state sales tax revenues, entrepreneurship, and public expenditures across all 50 states. Using a two-way fixed effects difference-in-differences (TWFE DID) framework, this research analyzes how policy adoption influenced per-capita outcomes in tax revenue, firm formation, and government spending in social services, education, infrastructure, and …

Health Care Governance And Structural Exclusion In Florida: A Human Rights Analysis Of Access For Latinx Communities, Natalie Medrano

Honors Undergraduate Theses

Access to health care in the United States is a complex system shaped by statutory programs and the discretionary powers of state governance. This thesis examines how Florida’s healthcare system structures access through administrative design, with particular attention to its impact on Latinx communities. Although formally race-neutral, Florida’s reliance on Medicaid non-expansion, managed care delivery, and complex eligibility processes produces systemic barriers that limit access for low-income populations. Drawing on the international right-to-health framework articulated in General Comment No. 14 of the International Covenant on Economic, Social and Cultural Rights, alongside Latinx Critical Race Theory (LatCrit), this study analyzes how …

Front Matter

SMU Law Review

No abstract provided.

Preface, Abigail Parnell

SMU Law Review

No abstract provided.

The Trump Administration’S Racial Dragnet: Immigration Enforcement In Los Angeles, Kevin R. Johnson

SMU Law Review

President Trump’s mass deportation campaign selected as one of its early targets Los Angeles, California, and its large Latina/o community. Comprising roughly half of the city’s population, Latina/os are being stopped, questioned, and rounded up by roving Immigration and Customs Enforcement (ICE) patrols. A legal challenge claimed that the patrols are engaging in unlawful racial profiling on a mass scale. The litigation responds to the widespread belief among Latina/os that the Trump Administration is unduly, if not exclusively, relying on race in targeting people for questioning about their immigration status.

For years, courts and political leaders have roundly condemned racial …

Re-Rethinking Asian Exclusion And Color-Blind Immigration, Gabriel J. Chin

SMU Law Review

During Reconstruction, as Congress debated the place of African-Americans in U.S. society, it evaluated how the principles it articulated would apply to Chinese-Americans. Rather than adopting a race-neutral jurisprudence, it began identifying the ways in which the law could be deployed to deny Asians economic and political opportunities, and the right to immigrate. Ultimately, a joint network of federal and state laws denied Asians the right to naturalize, to own land, and to immigrate. In a rare win, a divided Supreme Court held that the children of Chinese people born in the United States were citizens by virtue of the …

The New Assault On Plyler V. Doe, Cori Alonso-Yoder, Gabriel Sanchez

SMU Law Review

The second Trump Administration has disregarded a history of bipartisan support in avoiding immigration enforcement actions in schools. Certain states have acted to further target children at school—advancing measures to exclude many from public education based on immigration status. While the Supreme Court in Plyler v. Doe affirmed the state and national interests in educating students regardless of status, the Heritage Foundation has called on states to pass legislation to overturn that decades-old precedent. While no state has yet adopted these measures, many states have tried, marking a new attack on the precedent in Plyler.

This Article builds on …

Second-Class Asylum, Third-Country Danger, Michael Kagan

SMU Law Review

The Trump Administration has aggressively pursued a policy of deporting people who have been found to be in danger of persecution or torture in their countries of origin to third countries. It has primarily impacted people who have two types of what may be called second-class asylum, namely withholding or deferral or removal. This Article examines the structural problems posed by second-class asylum as defined in the Immigration and Nationality Act (INA). The INA’s collection of tiered protected status for people in danger in their countries of origin was always illogical, though its incoherency was more manageable before 2025, when …

What Constitution? The Dual State Theory In Immigration Law & Practice, Elizabeth Keyes

SMU Law Review

Immigration law in the second Trump Administration has created profound disorientation and dissonance, where some legal matters proceed in largely familiar ways, and others seem to occur in an entirely new dimension. This Article avails itself of Ernst Fraenkel’s Dual State theory to examine this dissonance. It argues that a duality exists in U.S. immigration law today between the federal courts and the administrative immigration system. In Fraenkel’s terms, constitutional challenges to immigration policies and individual habeas cases demonstrate important features of the Normative State, one that is consistent with the Rule of Law. By contrast, the administrative system—comprising the …

Second Looks For Sentencing Equality, Joshua D. Weiss

SMU Law Review

This Article challenges a persistent assumption about the relationship between so-called “second look” laws and sentencing disparities. Courts, the United States Sentencing Commission, and scholars tend to assume that increasing judicial discretion to reduce previously imposed sentences on an individualized basis results in increased sentencing disparities. But this assumption is based on a limited focus on disparities caused by judges and fails to account for disparities caused by other institutional actors, especially prosecutors.

This Article examines the relationship between disparities and second-look laws by focusing on one such law: the federal reduction in sentence (RIS) statute, commonly referred to as …

Embryonic Option-Hood, Elissa Philip Gentry, Mackenzi Barrett, W. Kip Viscusi

SMU Law Review

A frozen embryo represents not merely a potential human life but a deferred decision to trigger this potential. Parties value this opportunity for deferral because it allows them to retain the option to attempt conception after any uncertainty about future events or desires has resolved. Failing to recognize this “option value” of embryos has resulted in confusion over the best approach to allocating ownership of embryos and calculating damages for reproductive harms. This Article provides a novel paradigm showing that embryos should be treated as neither persons nor mere property; instead, a significant portion of their value is in their …

The Pregnancy Draft, Meghan M. Boone

SMU Law Review

By severely limiting or outright banning abortion, states are requiring pregnant people to perform reproductive labor in the service of the state’s own interests. Unwilling pregnant people are compelled, through the force of law, to continue their pregnancies—to perform a task that is difficult, dangerous, and fundamentally alters their life’s course. The state justifies overcoming the pregnant person’s unwillingness by prioritizing its own interests in the continuation of the pregnancy—articulated at various times as an interest in potential life, the protection of health or the integrity of the medical profession, or the prevention of discrimination.

There is only one other …

Racing To Safety: Tax Policy For Ai Safety-By-Design, Mirit Eyal-Cohen, Yonathan Arbel

SMU Law Review

The White House recently announced its vision of artificial intelligence (AI) policy: AI development is a race and America must win it. To that end, a new America’s AI Action Plan directs federal agencies and states to remove regulatory barriers to AI development and accelerate innovation. This approach leaves limited room for regulatory measures that would address the safety risks of powerful AI systems: their behavior in novel domains remains unpredictable, their decision-making opaqueness, and their alignment with human values is uncertain. While experts warn of large-scale accidents, policymakers find themselves in a bind: Regulate AI and cede ground to …

The Futility Of “Genocide” In Ending A Genocide, Shannon Fyfe

Scholarly Articles

After the horrors of World War II, the Genocide Convention of 1948 sought to invest the international community in creating legal obligations that “sovereign” states commit to preventing and punishing future genocides. Unfortunately, this has not succeeded. International legal jurisprudence pertaining to identifying and punishing genocide has developed at the International Court of Justice and at other international criminal courts and tribunals. Yet the invocation of the term “genocide” in public, academic, or legal discourse has generally failed to ensure the participation of the international community in stopping a genocide. The United States, for instance, has failed to play the …

Desperation Finance: Merchant Cash Advances In Bankruptcy And Beyond, Kara Bruce

Emory Bankruptcy Developments Journal

Over the last several years, Merchant Cash Advances (“MCAs”) have risen in prominence as a form of short-term financing for distressed small businesses. MCA transactions are distinct from most small-business lending because they are not structured as loans at all. Rather, in exchange for a lump sum of cash, the merchant purports to sell to the funder an unidentified percentage of its future receipts or receivables. This structure allows funders to sidestep the application of lending regulations and usury protections, but it strains the foundations of commercial law and generates a host of interpretive challenges.

Bankruptcy, district, and circuit courts …

Gendered Outcomes In Student Loan Bankruptcy, Jason Iuliano

Emory Bankruptcy Developments Journal

Women are winning more student loan bankruptcy cases than men, a notable reversal that challenges what we know about gender and legal outcomes. Drawing on hand-coded data from over 1,300 adversary proceedings spanning 2007 to 2023, this Article documents a sharp post-2022 shift. Women now succeed in 89% of cases compared to 82% for men.

The puzzle is that financial metrics cannot explain this gap. Men and women who file these cases look indistinguishable on paper: similar debt loads, comparable assets, and equivalent incomes. Legal representation explains part of the story. Women are slightly more likely to hire attorneys, and …

Holding The Debtor’S Fresh Start Hostage: Bankruptcy Courts Incorrectly Interpret Ransom V. Fia Card Services To Deny Debtors A Car Ownership Expense Deduction, Creola Johnson

Emory Bankruptcy Developments Journal

With the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Congress adopted for the first time a standardized income-based test for measuring an individual debtor’s “disposable income,” which is the amount a debtor must pay to unsecured creditors in a chapter 13 proceeding. Under the means test, debtors calculate their disposable income by deducting from income various standard expenses established by the Internal Revenue Service. One of those standard expenses is a vehicle ownership expense, which debtors can deduct if they have auto loan or lease payments. 

This Article is about bankruptcy courts who …

The Hidden Cost Of Prescription Drug Discount Programs And The Lack Of Legal Protections To Protect Consumers, Gina Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Navigating The Double Helix: Patent Law, Bioethics, And The Regulatory Future Of Gene Editing, Kayla Flanders

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Sound Of The Police: Police Radio Encryption And Freedom Of The Press, Toluwanimi Fajolu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

'This Little Game:' Holding Social Media Platforms Liable For Their Hand In Securities Fraud Through Section 230 Reform, Casey Rosen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Making The Law Work: Protecting Classical Ballet Choreographers' Artistic Legacies Through Copyright And Estates Laws, Alice Darakhchava

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Law And Economics Of Resilience, Doni Bloomfield, Jeff Gordon

Faculty Scholarship

The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have largely overlooked a set of externalities that lead firms across the economy to systematically underinvest in resilience, with macroeconomically harmful consequences. In this Article, we address this gap with a theory of the law and economics of resilience, by which we mean the ability of markets to reliably and optimally meet demand for goods and services without extreme price fluctuations. 

We argue that corporate resilience is determined by a conflict between two basic forces: the resilience …

Preserving Progress: Why The Dd Network Matters Now More Than Ever, Matt Wappett

Developmental Disabilities Network Journal

No abstract provided.

Misinformation And The Law, Gustavo Ribeiro

Scholarly Articles in Law Reviews & Journals

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

Law’S Limits: Abortion And The Social Determinants Of Health, Maya Manian

Scholarly Articles in Law Reviews & Journals

After Dobbs: How the Supreme Court Ended Roe but Not Abortion (“After Dobbs”) is a prescient and timely response to the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and upended nearly five decades of constitutional protection for abortion. In this meticulously structured oral history, law professor David S. Cohen and sociologist Carole Joffe center the voices of abortion providers, clinic administrators, funders, and advocates from across the country. After Dobbs, not only documents the extraordinary persistence of abortion supporters in the face of legal devastation but also bears witness to …

Digital Emblems In Cyberspace: A Deterrent Or A Target?, Fatemah Albader

Emory International Law Review Recent Developments

In 2022, the ICRC proposed a digital emblem to identify and protect medical and humanitarian digital assets during armed conflict. While this initiative marks a pivotal evolution of IHL into cyberspace, its effectiveness depends on whether states can ensure accountability, attribution, and compliance. This article argues that digitalizing IHL’s distinctive emblems, such as the red cross, is not optional but mandatory under both conventional and customary law. Once developed, states must adopt and regulate the digital emblem to protect hospital networks and medical personnel online as they are protected offline. However, emblem digitalization alone cannot deter deliberate cyberattacks or unintentional …

How International Law Failed To Minimize U.S. Use Of Burn Pits During Operation Iraqi Freedom, Sophia Mcwilliams

Emory International Law Review Recent Developments

No abstract provided.

Beyond Judicial Intent: The Agency Of The Defense Counsel In Ozawa’S And Thind’S Supreme Court Cases, Bret K. Luchs

Master's Theses or Doctor of Nursing Practice

This thesis seeks to examine how specific legal strategies by the defense counsel in Ozawa v. United States, 260 U.S. 178 (1922), and United States v. Bhagat Singh Thind, 261 U.S. 204 (1923), compelled the Supreme Court of the United States into a reactive and contradictory position. A re-examination of Ozawa and Thind delves deeper into the legal briefs and arguments made by Takao Ozawa and Bhagat Singh Thind, alongside their legal teams. These briefs, opinions of the court, past lower court cases, and personal statements by Ozawa and Thind demonstrate how they did not surrender to the confines of …

Law Student As Client: Applying Client-Centered Lawyering Skills To Law Student Development, Rachel Johnson

Newsletters & Other Publications

In this article I demonstrate how I’ve brought my client advising skills into my work with law students. My work with law students is informed by my use of the client-centered lawyering model as adapted from my practice background. I will address how the skills of client-centered lawyering model translate remarkably well advising law students through what I call the law student-centered development model. This model of working with law students helps advisors train the next generation of lawyers in key lawyering skills through the modeling of those skills.