Digital Commons Network^™

Insurance Law, J. Price Collins, Janet Tolbert, Ashley F. Gilmore

SMU Annual Texas Survey

This Article describes and analyzes major developments in insurance law that occurred in Texas between December 1, 2023, and November 30, 2024.

Texas Business Court, Byron F. Egan

SMU Annual Texas Survey

No abstract provided.

Why Domestic Violence Offenders Don't Give Up Their Guns, Natalie Nanasi

Faculty Journal Articles and Book Chapters

Perpetrators of intimate partner violence are barred by federal law and many states' laws from possessing firearms. While such prohibitions enjoy popular support, they are sporadically and inconsistently enforced, placing the lives of survivors at risk when offenders do not voluntarily comply. Many experts, including this author, have offered legal and policy solutions to increase the likelihood that perpetrators of domestic violence will either willingly relinquish their guns or otherwise be dispossessed of them. But these proposals may have been premature.

This Article is the first to take a step back and inquire why offenders do not surrender their firearms …

Unflexed Muscle: Sec Enforcement And Officer Sox 302 Certifications, Marc I. Steinberg, A.B. Steinberg

Faculty Journal Articles and Book Chapters

This article represents the first work to analyze the Securities and Exchange Commission’s neglect in its enforcement of the chief executive officer (CEO) and chief financial officer (CFO) Sarbanes-Oxley certification requirement. The article addresses the appropriate construction of the statute’s reach, the enforcement proceedings instituted by the SEC under this provision, and the Commission’s failure to fulfill its legislative directive to enforce this statute and Rule 13a-14 promulgated thereunder. In its implementation of the CEO and CFO certification requirement, the SEC has brought relatively few enforcement actions during over a two-decade period. Its enforcement with respect to CEOs and CFOs …

The Miserly Message Of Grants Pass, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The Supreme Court’s recent opinion in Grants Pass v. Johnson condoned states’ attempts to police homeless encampments. This was a significant blow to unhoused individuals and their allies. But the Court’s opinion also continued its march away from the longstanding evolving-standards-of-decency approach in Eighth Amendment cases. Grants Pass was something of an odd case in which to grant certiorari, but it served as an opportunity for the Court to send a quiet message that it would continue narrowing the Eighth Amendment’s scope. As in other recent cases, the Court applied a more historical approach than the one traditionally used in …

Gravitational Property Theory, Monika U. Ehrman

Faculty Journal Articles and Book Chapters

Isaac Newton and Albert Einstein defined and redefined the field of physics. Their theoretical work on gravity is still considered a monumental discovery of their respective times. Although born centuries apart, the theory of gravity each advanced is still essential. Newton’s theory is applied on Earth and even throughout much of the solar system, while Einstein’s theory is used in special environments, such as near black holes. Neither theory is discarded, but instead used where appropriate. Likewise, gravitational property theory proposes that simple property theory—the ad coelum doctrine—is still appropriate for simple property, like stationary or vertical objects. And complex …

Regulation And Function Of Mec-2 Alternative Splicing In Single Cells, Canyon Calovich-Benne

Biological Sciences Theses and Dissertations

One mechanism for generating diversity at the single cell level is selective expression of a unique set of transcription factors (TFs) and RNA binding proteins (RBPs). These regulatory factors contribute to functions of cells by controlling cell fate, turning genes on and off, and processing of transcripts either co- or post-transcriptionally. Many genes, especially neuronal genes, have multiple different splicing events, promoters, and/or polyadenylation sites. Post-transcriptional coordination is in the infancy of being studied and the functional consequences of this coupling at the single cell level has yet to be explored. Here we show, mec-2 coordination of alternative transcription start …

Jóvenes Y Memoria: Conflict And Vitality In Education For Human Rights, Bryan Harriss Jones

Graduate Liberal Studies Theses and Dissertations

In 2002, the Comisión Provincial por la Memoria (the Provincial Commission for Memory - CPM) of Argentina’s province of Buenos Aires (PBA) established Jóvenes y Memoria: Recordamos para el Futuro (Youth and Memory: We Remember for the Future – JyM), an elective program for secondary school students. JyM empowers students to create and communicate narratives about the history and current state of human rights based on investigations using primary sources. The goals of CPM include fostering historical memory and preventing the return of authoritarianism. JyM furthers these goals by building exemplary memory to inspire positive change in the present and …

Graph Neural Networks Powered Scientific Paper Recommendation, Junhao Shen

Computer Science and Engineering Theses and Dissertations

Scientific paper recommendation systems aim to help researchers discover relevant papers amidst the vast and ever-growing body of literature. With the exponential yearly increase in scientific publications, the demand for effective paper recommendation solutions has become both critical and increasingly challenging. In recent years, deep learning techniques have revolutionized recommender systems, and scientific paper recommendations have naturally integrated these advancements. In this dissertation, we address these challenges through three progressive contributions.

First, we enhance traditional content-based methods using Graph Neural Networks (GNNs) by introducing a Graph Convolutional Network-strengthened Topic Modeling (GCN-TM) approach. This method improves upon conventional topic modeling techniques …

Civil Liability And Intra-Fraternal, Sexually Predatory Behavior, Gregory S. Parks, Ryan W. Mckee

SMU Law Review Forum

Sexually predatory behavior has long been an issue within many institutions and organizations. The Catholic Church has been scrutinized for the involvement of Popes, priests, nuns, and others as perpetrators and enablers of child sexual abuse. Reports of child sexual abuse dating back as far as the 1940s have plagued the Catholic Church in both the US and Europe, with estimates in the US across all dioceses suggesting over four thousand priest/deacon perpetrators and over ten thousand victims affected between the 1950s and 2002. Similarly, sexual abuse has been an issue in the Boy Scouts of America, dating back to …

The Resurgence Of State-Owned Enterprise In China Under Xi Jinping, Macallister Hogan

The Dialogue

MacAllister Hogan explores the revival of state-owned enterprises (SOEs) under Xi Jinping’s administration. The paper discusses the historical role of SOEs, recent reforms to enhance their efficiency, and the implications of increased state control for China’s economic growth and market dynamics

Kenya As A Target For Al-Shabaab: A Theory For Understanding Cross-Border Terrorism, Evangeline Mathis

The Dialogue

Evangeline Mathis explores why Kenya faces disproportionate attacks from Al-Shabaab compared to neighboring states. The paper theorizes that Kenya’s international visibility and free media make it an attractive target for the Somali-based terrorist group​

U.S. Africa Command & Security Assistance To Fragile States, Joseph Kinyanjui

The Dialogue

Joseph Kinyanjui evaluates the role of U.S. Africa Command (AFRICOM) in addressing security issues in Africa. The paper discusses whether AFRICOM's operations contribute to militarization and state fragility or effectively enhance stability through capacity building​

Rifles And Rivals: A Study Of The Domestic Effects On American Military Policy, Rachel Warren

The Dialogue

Rachel Warren analyzes the domestic forces shaping U.S. military foreign policy in the post-Cold War era. The paper evaluates the roles of political polarization and the military-industrial complex, using quantitative analysis to assess their influence on legislative decisions​

The U.S. Public Education Systems' Failure To Accurately Educate Students On The Israeli-Palestinian Conflcit, Sanaa M. Ghanim

The Dialogue

The Israeli-Palestinian conflict is arguably the world’s most controversial conflict in modern history. The United States plays a central role in its mediation of the Israeli-Palestinian conflict since the mid-twentieth century, making the ways in which the conflict is taught in American public schools especially relevant to the future of the conflict and more specifically, the role of the United States in the future of this conflict (Arieli, 2016). The United States has put forth numerous peace solutions that have all failed. In understanding why these peace solutions have failed to bring about peaceful change in the region, the U.S. …

A Texas Tradition: Analyzing Texas' Commitment To Capital Punishment, Grace E. Brandt

The Dialogue

Grace Brandt examines Texas' historical and ongoing support for capital punishment. The paper explores the evolution of execution methods, legislative frameworks, and public opinion, emphasizing the cultural and political factors sustaining the death penalty in Texas despite national trends towards abolition

Iraq, Democracy, And The United States

The Dialogue

This collaborative paper by Kevin Matejka, Arnaud Zimmern, and Lara Vidal examines the complexities of promoting democracy in Iraq and other Muslim-majority nations. The authors analyze different perspectives on democracy's compatibility with Islamic principles and explore Western and Middle Eastern viewpoints. Through an exploration of political theory and historical context, they provide insights into the challenges and prospects for democratization in the region, particularly in light of U.S. involvement

Can China Finally Follow-Through On Its Commitments, Christina Almeida

The Dialogue

Christina Almeida assesses China's adherence to WTO intellectual property commitments. Since joining the WTO in 2001, China has continued to infringe on intellectual property rights (IPR) of U.S. firms, resulting in significant economic losses. Almeida discusses factors such as state capitalism and insufficient enforcement mechanisms within China that hinder compliance. The paper recommends a multi-faceted approach, including bilateral trade mechanisms and stricter WTO oversight, to address China's ongoing IPR violations​

Cross-Party Voting In 21st Century Presidential Primaries: A Social And Empirical Analysis, Mark Trautmann

The Dialogue

This paper by Mark Trautmann explores the phenomenon of cross-party voting in U.S. presidential primaries, focusing on its prevalence and impact in open primaries. Trautmann examines cases in the Midwest, analyzing data and media narratives surrounding the Michigan Republican Primary (2000, 2012) and the Democratic Primaries in Wisconsin (2004) and Indiana (2008). The findings suggest that while media often overemphasizes the influence of cross-party voting, its actual effect on primary outcomes remains limited, though potentially disruptive in certain cases

Wither Japan?, Matthew Reitz

The Dialogue

Matthew Reitz examines Japan's evolving security policies under Prime Minister Shinzo Abe, particularly the controversial 2015 Security Legislation. The paper explores how Japan's pacifist identity has adapted to external pressures like China's rise and North Korea's nuclear threat. Reitz highlights the role of domestic politics, public opinion, and international alliances in shaping Japan’s security reforms

Two Constructions Of Liberty: Hugo Black's And Robert Jackson's Stances On Free Speech, Adam Mueller

The Dialogue

Adam Mueller contrasts the interpretations of free speech by Justices Hugo Black and Robert Jackson. The paper explores how their differing philosophies of liberty influenced their judicial decisions, particularly in the context of Cold War tensions and fears of extremism. Mueller examines the broader implications of their stances for constitutional democracy​

Slavery In The Taney Court An Examination Of The Personal Views Of The Justices And Their Influences On The Justices' Opinions, A.J Jeffries

The Dialogue

A.J. Jeffries examines the personal views of the justices of the Taney Court and their influence on decisions concerning slavery. Through an exploration of the lives and political inclinations of thirteen key justices, the paper highlights how these biases shaped landmark cases like Dred Scott and Prigg v. Pennsylvania. Jeffries provides a nuanced look at the intersection of personal belief, judicial analysis, and the societal standards of the time​

Red-Handed: Assessing The Deptha Of Chinese Economic Espionage, Alexander Hoskins

The Dialogue

Alexander Hoskins investigates China's involvement in economic espionage (EE). The paper differentiates EE from industrial espionage and competitive intelligence gathering, highlighting the significant global impact of China's alleged theft of intellectual property, which has economic and geopolitical consequences

A Triangular Relationship: Hong Kong, China And Great Britain, Mandaline Kam

The Dialogue

Mandaline Kam analyzes the unique relationship between Hong Kong, China, and Great Britain. The paper examines Hong Kong's colonial past, the transition under the "one country, two systems" framework, and the socio-political tensions that arose from the clash of Western democratic ideals with Chinese socialist policies

The Islamic State And Its Battle For Iraq, Sumer Wacthendorf

The Dialogue

Sumer Wachtendorf examines the rise of the Islamic State (IS) and its empowerment due to U.S. actions in Iraq. The paper delves into IS's origins, the repercussions of the Iraq War, and the group's impact on U.S. national security, arguing that American military strategies inadvertently strengthened such insurgent groups​

President Rutherford B. Hayes And Gilded Age Politics, Kelsey Smith

The Dialogue

Kelsey Smith explores the often-overlooked politics of the Gilded Age, focusing on President Rutherford B. Hayes. Contrary to the era's reputation for corruption, Smith argues that Hayes worked diligently to reform civil service and address political corruption. Through Hayes' efforts, the groundwork for the modern Progressive Era's political developments was laid​

Facial Recognition Technology And The Dire Need To Regulate It, Michael Mellon

SMU Law Review Forum

Facial recognition technology enables the identification of subjects in digital recordings through the use of biometrics. This technology is increasingly used by both state and private actors for crime prevention, criminal investigations, crowd monitoring, and more. Its use continues despite the fact that the technology itself has been shown to have a propensity for bias and misidentification. The flaws inherent in the technology are not the only cause for concern either. There is reason to believe that nefarious actors could intentionally use facial recognition technology to achieve illegitimate ends. Meanwhile, facial recognition technology remains unregulated at the federal level in …

Insurrection-Proofing The Courts: Judicial Tools To Protect The Legal System From Litigation Abuse In The Wake Of The 2024 Election, Raymond H. Brescia

SMU Law Review Forum

In the wake of the 2020 presidential election in the United States, lawyers sought to overturn the results of that election filing baseless and far-fetched claims. Courts sanctioned many of those lawyers and at least some of them have been disbarred or are in the last throes of disbarment proceedings. Yet such punishment has come nearly four years after the events that precipitated the need for such professional discipline. Are there things courts can do now, on the immediate eve of the next presidential contest, to “insurrection-proof” their courtrooms to make sure that the legal system is not used, once …

Femicides And Female Presidents: A Comparative Study On The Development Of Laws Against Femicide In Mexico And Honduras, Daniela Garcia

The International Law Review Association Student Forum

Gender-based killings, femicides, are the ultimate form of women suppression, and this crime flourishes in countries with deeply rooted misogyny and systematic gender power imbalance. But there is a complicated phenomenon occurring in Mexico and Honduras, in which their constituents voted for female presidents yet both countries have persistent rates of femicides. President of Honduras Xiomara Castro and President of Mexico Claudia Sheinbaum organized their respective voting coalitions with support from feminist advocates who believed that a female presidency would bring gender-based issues and femicides forefront. The institutionalized power of the rightwing party hinders Castro’s plan for the young democracy …

Inexact Methods For Large-Scale Stochastic Programming, Niloofar Fadavi

Operations Research and Engineering Management Theses and Dissertations

This dissertation addresses the development of inexact methods for solving large-scale stochastic programming problems, with a focus on two-stage and multistage settings. Stochastic programming is a robust approach for managing uncertainty in decision-making, with applications across various domains like supply chain management, power systems, and logistics. However, solving large-scale stochastic programming problems, especially those with a nonlinear structure, is computationally challenging due to the high-dimensional nature of uncertainties and the need for efficient optimization techniques.

This work introduces novel inexact proximal bundle algorithms designed to solve two-stage stochastic quadratic programming problems. The proposed methods utilize dual-based and partition-based approaches to …