Digital Commons Network^™

What Is Terrorism?, Karl T. Muth, Alice Locatelli

Journal of Air Law and Commerce

Is Gotham's Joker a terrorist? What about a school shooter? As we approach the twenty-fifth anniversary of the 9/11 attacks, the United States still lacks a monolithic legal definition of 'terrorism,' creating a dangerous 'motive gap' between federal statutes. This Article analyzes the friction between the motive-heavy definition of 'domestic terrorism' in Title 18 (which includes a mens rea aspect) and the conduct-focused definition of 'terrorist activity' in Title 8 (which focuses on overt acts). Using the hijacking of Flight 93 and the Columbine shootings as case studies, we demonstrate how Title 18's political requirement creates a coverage void for …

Not Quite Fit To Fly: A Reflection On Due Process And Agency Rulemaking In The Faa’S Approach To Pilot Certification, Emily Ryter

Journal of Air Law and Commerce

Judicial and legislative involvement in agency rulemaking is a relevant and particularly salient topic. The authority of an agency to make sound policy with flexibility and discretion often comes into conflict with the judiciary’s duty to prevent arbitrary regulations, which lack solid evidence or convincing rationale. Considering that more than three million passengers fly every day, it is no surprise that establishing a robust certification process for pilots is among the Federal Aviation Administration’s top priorities. The courts and the Legislature have also recently made notable strides to exert more control over the standards for medical certification. In July, the …

Void In Space: How Loper Bright And The Major Questions Doctrine Affect The Federal Communications Commission’S Regulatory Authority Of Orbital Debris, Hernan Valles

Journal of Air Law and Commerce

Since the dawn of the space race, countries have been reaching for the stars. Recently, companies have joined the race. The space race and technological advancement of near-Earth orbital satellites have caused a buildup of debris in near-Earth orbit. The exponential increase of orbital debris in Earth’s orbit threatens the environmental system of the planet, the safety of astronauts aboard the International Space Station, the structure of other spacecraft, and modern economies relying on operational satellites to provide rapid communication, navigation, and weather forecasting information.

Yet there is a void among U.S. regulators in setting rules that mitigate orbital debris …

Outer Space Employment Tax And Grounded Enforceability: A Node-Based Approach Under International Space Law, Binbin Guo

Journal of Air Law and Commerce

As commercial space activities move from state-led exploration to market operations, outer space is changing from a mission space into a workspace. As a result, the traditional connecting point for employment taxes, centered on the workplace, begins to lose force. This Article develops the concept of outer space employment taxation and argues that its key issue is not taxation in orbit, but enforceability. International space law does not directly provide the tax base, tax rates, or specific withholding rules. But through state responsibility, authorization and continuing supervision, and registration coupled with jurisdiction and control, it already provides institutional interfaces through …

Are Trains In Space Legal? Examining Problems With A Multilateral Space Resource Management Regime And Public-Private Partnerships, Maitland Rames

Journal of Air Law and Commerce

As governments plan to expand into outer space and private parties continue to participate in space operations, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty) has the potential to inhibit any ambitions for all but the most basic exploratory missions. That is because Article II of the Outer Space Treaty forbids national appropriation in space, which calls into question the legality of any infrastructure and land use in space. This uncertainty has far-reaching implications for the future economy of space. Fortunately, …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

In The Heavens As It Is On Earth: Embracing Federalism To Supervise And Promote U.S. Non-Governmental Entities’ Non-National Activities In Outer Space, Steven E. Bartz

Journal of Air Law and Commerce

Most of the law governing outer space is public international law, which applies, with limited exceptions, directly to nation-states (states) only. The application of international law to nongovernmental entities’ (NGEs), such as natural persons and companies with distinct legal personage, activities in outer space occurs through a state’s domestic legal implementation of that international law. The United States is a party to several treaties that govern the exploration and use of outer space (the Applicable Treaties), which, through the Supremacy Clause of the U.S. Constitution, become “the supreme Law of the Land.” The Applicable Treaties were written and went into …

Trial By Character, Hillel J. Bavli

Faculty Journal Articles and Book Chapters

In this Article, I argue that courts regularly deviate from Federal Rule of Evidence 404(b), which prohibits character evidence—evidence of a defendant’s past misdeeds offered to prove that the defendant acted in conformity with a certain character trait on the occasion in question. These deviations undermine the fairness of a trial and the presumption of innocence. The Article addresses this problem in three ways. First, it explains how courts have misinterpreted Rule 404(b)—an error that I call the permitted-purpose fallacy—and how they have fortified this misinterpretation with a body of flawed principles and precedent. Second, it reports the results of …

1981, Carliss N. Chatman

Faculty Journal Articles and Book Chapters

42 U.S.C. § 1981 should have solved a pervasive problem in American capitalism—when white economic interests do not converge with the contract rights of Black people, they are excluded from the market in a way that causes systemic harm. This Article proposes that the failure to enforce 1981 in the past may render it more harmful than beneficial in the present climate of retrenchment. The realities of racism combine with the lack of economic interest convergence to make combatting contract inequality on a contract-by-contract basis legally precarious, nearly impossible to properly evaluate, and difficult to economically incentivize. This is in …

Facilitating Mortgage Modification To Save Homes And Mitigate Lender Losses, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

Homeowners in financial distress or whose homes have been damaged by natural disaster may avoid foreclosure if their lender agrees to modify the loan to reduce payments. Commercial loans may also be modified to avoid foreclosure or in response to changed circumstances or changing market conditions. Although loan modifications are generally beneficial to both borrowers and lenders, barriers to modification exist. The Consumer Financial Protection Bureau (CFPB) has addressed some of the roadblocks to residential loan modifications by regulating the procedures that mortgage servicers must follow in dealing with delinquent borrowers, but the CFPB and its regulations are at risk …

Values Primacy & Total Governance Through Activism, Carliss N. Chatman, Sergio Alberto Gramitto Ricci

Faculty Journal Articles and Book Chapters

In the aftermath of George Floyd’s murder, public companies swift-ly pledged sweeping equity commitments—only to abandon them under political and market pressure. These reversals were not aberrations. They were opportunistic, performative, and reactionary marketing responses. They expose a governance regime in which stakeholder interests are structurally reversible because they remain doctrinally optional, lacking the institutional interlock needed to create binding accountability across stakeholder roles.

This Article explores how stakeholder power is already embedded in corporate governance through interlocking initiatives grounded in shared values. Stakeholder activism—boycotts, proxy votes, viral campaigns—is not merely expressive; it is an overlooked form of governance. Drawing …

Negotiated Outcomes And Abbreviated Trials In Criminal Cases: Balancing Fairness And Efficiency In Three Legal Systems, Michele Caianiello, Jenia I. Turner, Thomas Weigend

Faculty Journal Articles and Book Chapters

Facing expanded criminal dockets, justice systems around the world are looking for ways to expedite proceedings and save resources while still offering credible procedures for adjudicating criminal cases. In the United States, defendants tend to face an all-or-nothing choice between two alternatives: a full trial at which all relevant evidence is presented and examined; or a plea bargain leading to a conviction without any presentation of evidence and the waiver of the defendant’s procedural rights in exchange for a reduced sentence. Even in routine misdemeanor cases, a full trial requires substantial expenditures of resources, and its procedural complexity may be …

Rethinking Courtroom Presence In The Virtual Era, Jenia Iontcheva Turner

Faculty Journal Articles and Book Chapters

Technological innovation has made virtual appearances by criminal defendants increasingly common. These appearances have advanced efficiency but also raised questions about the scope of both the right and the duty of defendants to be physically present in court. Should judges, for example, be allowed to hold virtual arraignments, even if a defendant wishes to appear in person? Can defendants opt for virtual appearances at will? While courts are beginning to address these questions, they have yet to develop a coherent framework to evaluate when virtual appearances are constitutional and appropriate. This Article seeks to contribute to this project by examining …

Crowd Discrimination In The Digital Workplace: How Ai And Platforms Translate Public Bias Into Employment Practices, Tammy Katsabian

SMU Law Review

In today’s digital workplace, employment decisions are increasingly shaped by artificial intelligence (AI) and social media platforms, embedding societal biases into managerial practices and undermining traditional legal safeguards. This Article introduces the concept of crowd discrimination, which arises when biases originating from customers, algorithms, or online communities influence employment outcomes, thus threatening workers’ right to equality. Specifically, it argues that platform-based work, AI-driven management tools, and online shaming systematically transform crowd biases into employment decisions regarding hiring, dismissal, wages, and working conditions.

Crowd discrimination is not incidental. It results from both technological design and the limitations of existing laws, which …

Characterization And Control Of Rod-Like Soft Robots, Tianrui Li

Mechanical Engineering Research Theses and Dissertations

Micro-scale robotic systems have garnered significant interest for applications in micromanufacturing and biosensing, yet quantitative design rules linking geometry, stiffness distribution, and magnetic actuation to locomotion performance at low Reynolds number remain limited. This thesis investigates magnetically actuated rod-like soft robots composed of hydrogel filaments with embedded micro-magnets and tunable hard:soft length ratios. Four- and eight-magnet swimmers with hard:soft ratios ranging from 1:1 to 2.5:1 and 4:3:1 are fabricated using a simple molding-and-insertion process and tested in water and silicone oil. A triaxial Helmholtz coil system generates rotating magnetic fields from 1 to 10 Hz, and a custom image-processing pipeline …

A Blunt Reality: How § 922(G)(3) Of The Gun Control Act Violates The Second Amendment Rights Of Marijuana Users, Christian Z. Macdonald

SMU Law Review Forum

Over 98% of Americans live in a state that has some form of legal marijuana, with over half of Americans having used the drug at least once. The United States also has a strong historical tradition of individual gun ownership for the purposes of self-defense, with gun ownership currently at its highest level in decades. In this modern era of both rising gun ownership and marijuana usage, could it truly be the case that any American who uses cannabinoids forfeits her presumptively protected constitutional right to firearm possession? The answer depends upon whether 18 U.S.C. § 922(g)(3) unconstitutionally infringes on …

The Contracts Clause Can Be Enforced Via Section 1983, Period: The Nonexistent Circuit Court "Split", Timothy M. Harris

SMU Law Review Forum

The Federal Circuit Courts are apparently split on whether 42 U.S.C. § 1983—which provides a civil cause of action for constitutional deprivation of rights— applies to actions brought under the Contracts Clause in article 1 of the U.S. Constitution. The “split” has existed since 2017 and a new case out of the Sixth Circuit seeks to end that constitutional discrepancy via cert petition. The case, however, is a suboptimal vehicle for ending this circuit court stalemate.

The Sixth and Fourth Circuits have held that Section 1983 does not apply to actions brought under the Contracts clause. The Ninth Circuit has …

Ames, The Seventh Amendment, And The Honest Belief Trap Tautologizing Title Vii, Amos N. Jones

SMU Law Review Forum

A widely covered Sixth Circuit decision on July 29, 2025, against a tenured African American female law professor at the University of Michigan has dramatically materialized in the face of the unanimous decision of the Supreme Court of the United States only weeks earlier in Ames v. Ohio Department of Youth Services, decided on June 5, 2025. The Court had just eliminated another basis for employment-discrimination case dismissals, centering its original-textualist interpretative mode under Title VII of the Civil Rights Act of 1964 and buttressing plaintiffs’ Seventh Amendment rights to trial by jury. Meanwhile, the Michigan panel in Beny …

Llms Are Bad Judges. So Use A Classifier Instead., Jack Kieffaber, Kimo Gandall, Steven Foster, Kenny Mclaren

SMU Law Review Forum

Large Language Models suffer from prompt variance—meaning they’ll give you totally different legal answers depending on how you phrase your question. Jonathan Choi demonstrated this recently when he asked ChatGPT five legal questions, each rephrased 2,000 times, and watched as the bot spat out different answers every time. When you tell somebody that AI is going to replace the judge, the lawyer, and the legal system in the next twenty years, Choi’s article has become the go-to rebuttal; it’s the crown jewel of the “AI bad” genre.

Choi’s absolutely right that LLM’s are bad judges. And, if every AI was …

California Public Defense Workloads And Staffing, Malia N. Brink, Pamela R. Metzger, Andrew L.B. Davies, Cynthia G. Lee

Deason Center Reports

This report assesses the current workloads and staffing of California public defense providers. The report concludes that California’s public defense attorneys are almost universally burdened by workloads that far exceed nationally recommended standards. Additionally, compared to district attorneys’ offices in the same jurisdictions, public defender offices typically have 20-45% fewer attorneys.

This report also details how public defense providers in California also lack the appropriate support staff – investigators, social workers, paralegals, and administrative assistants – necessary to efficiently and effectively represent their clients. At their current workload and staffing levels, public defense attorneys simply cannot do all that their …

Race To Robustness: Adaptation To Globalization In Authoritarian Regimes Of The Middle East, Lexi Eid

The Dialogue

The Middle East has been notably absent from the wave of democratization and failed to adapt to globalization since the 1990s. In the Middle Eastern countries, the economy has largely stagnated and the political system has remained authoritarian despite popular revolts during the Arab Spring. Earlier literature often emphasized the cultural and religious differences between the Middle East and the rest of the world. However, the Arab Spring proved that the Middle East could be a part of the democratization wave. More recent literature attempts to explain this surge of public response to the regime and explores how the authoritarian …

Constraints And Conservatism: The Effect Of Presidential Choices On Voting Patterns Of Supreme Court Justices, Tyler Mccall

The Dialogue

The decisions of the Supreme Court are constantly featured in news headlines with the accusation that the core institution of the judicial branch is completely politicized. In fact, justices are directly chosen by presidents who have clear political and constitutional agendas. But what about justices whose voting behavior and opinions seem less politically motivated than others? One major answer to that query may lie in the difference between constrained and unconstrained choices. When a president chooses a nominee based on political promises made or limitations imposed by other branches of government, that choice is constrained because those nominees must appeal …

Voice Of My People: An Expression Of Welcome And Liturgical Justice For Afrodiasporic People In North American Catholicism, Marvand Roger Holland Ii

Doctor of Pastoral Music Projects and Theses

Music has always been central to the lives of Black people. The Black religious experience is even more profound when expressed through music. It is therefore no happenstance that music is of great import as pertains to the spiritual lives of Black people, including Black Catholics. Faith is expressed through culture. It is through culture that the faith is realized and known. In this, is the essence of inculturation.

Anscar Chupungco states that if not inculturated, the liturgy of the local Church will remain at the periphery of people’s cultural experience. For this reason, it is imperative that Afrodiasporic music …

Essays In Applied Microeconomics, William Cunningham

Economics Theses and Dissertations

This dissertation contributes to three interconnected areas of economic research: microeconomics, behavioral economics, and urban economics. Each chapter examines how individual decision-making processes may produce more pronounced economic patterns, while highlighting the role of psychological factors and spatial considerations in shaping outcomes. Chapter 1 studies the causes and dynamics of segregation in US neighborhoods. A conditional instrumental variables estimator allows for unbiased estimation of preferences for past neighborhood minority shares by addressing endogeneity concerns present in my theoretical model. I use estimated preference parameters to simulate neighborhood population dynamics for Texas. I regress measures of racial animus and xenophobia on …

Essays In Immigration Economics And Immigrant Location Choice, Abdullah Shamim

Economics Theses and Dissertations

Across the chapters of this dissertation, I analyze the drivers of immigrant location choice in host countries. I specifically contrast the sorting patterns of refugee and nonrefugee immigrants, and explore how the influence of ethnic networks, economic conditions, and other host-country and origin-country characteristics contribute to the distinct location choices observed across these groups.

Prior research suggests that immigrants are drawn to both economic fundamentals and ethnic networks. However, places that have good fundamentals–in terms of employment, wages, and desirable house prices–often have disproportionately large ethnic networks, making it difficult to disentangle the contributions of economic fundamentals and ethnic networks …

Enhancing News Article Generation With Ai Tools, Adam Ercanbrack, Christopher Johnson, Max Pagan, Nibhrat Lohia

SMU Data Science Review

Abstract. This paper aims to present a comparative analysis of a custom-built AI Journalist Assistant and ChatGPT 4.0 for news article generation. The goal is to evaluate the performance of each model based on accuracy, speed, ethical safeguards, and relevance, particularly in the context of journalism. While ChatGPT is widely used for general-purpose content creation, its reliance on older data and potential for plagiarism presents challenges in the fast-paced, high-stakes world of news reporting. To address these issues, we will design and implement an AI Assistant using Retrieval-Augmented Generation (RAG) techniques, focusing on real-time data access, bias reduction, and plagiarism …

The Prevalence And Impact Of Discourse In Social Media Networks: The 2024 Presidential Election, Kyle Kuberski, Xavier R. Mojica, Gwonchan J. Yoon, Brad Klein, Bivin P. Sadler

SMU Data Science Review

Abstract. Social Media platforms serve as central hubs for global discourse, where political dialogue is widely shared and echoed. This exchange shapes civic participation and influences electoral outcomes, often with both intended and unintended consequences. In its inception, social media platforms served as message boards for the masses, yet manipulation and exploiting of systems via bot usage has made platforms susceptible to outside forces. Thus, false narratives and an artificial sense of consensus are endemically augmented. As for the 2016 and 2020 U.S. presidential elections, it is important to investigate the prevalence of evolved bot activity in both political and …

Quixotes, Quacks, And Laughing Philosophers: Humor And Intellectual Authority In The Long Eighteenth Century, Macklin Fanning

English Theses and Dissertations

Quixotes, Quacks, and Laughing Philosophers: Humor and Intellectual Authority in the Long Eighteenth Century recovers the fascinating and forgotten story of John Elliot (1747–1787), a novelist, physician, mad scientist, pioneering optical theorist, criminal lunatic, and Gothic antihero whose life and work illuminate a strange new history of science, medicine, law, and literature in the eighteenth and nineteenth centuries.

The Seeming Beginning: The Drawings Of Dorothy Hood, 1942-1986, Natalia Lopez

Art History Theses and Dissertations

The notable career of American artist Dorothy Hood (1918-2000) spanned nearly six decades which she witnessed, and contributed to, the transformative shifts in art history from the 1940s through the late 1990s. Today, Hood is known as a cult figure in her native Houston, celebrated for her large-scale abstract paintings that are said to evoke the expansive Texas skies. While these paintings create a large portion of Hood’s oeuvre, they represent only a fraction of her prolific artworks. Equally significant are her meticulously detailed and surreal drawings, which form a substantial, often overlooked portion of her legacy.

Hood’s drawings embody …

Quantum Chemical Methods And Multiscale Modeling In Computer-Aided Drug Design, Hunter W. La Force

Chemistry Theses and Dissertations

Computer-Aided Drug Design (CADD) leverages a diverse toolkit of computational methods to accelerate the discovery and development of novel therapeutics. Among these, quantum chemical calculations provide unparalleled accuracy in understanding molecular interactions, albeit at a higher computational cost. This accuracy is crucial for identifying and quantifying fundamental interactions that dictate drug efficacy and selectivity, as exemplified by our investigation of ruthenium polypyridyl complexes. These metal-based compounds are model systems for studying covalent coordination bonds between ruthenium and its ligands and noncovalent interactions with DNA and protein targets. Local Mode Vibrational Theory emerges as a powerful lens within this framework, enabling …