Digital Commons Network^™

Front Matter

SMU Law Review

No abstract provided.

Preface, Abigail Parnell

SMU Law Review

No abstract provided.

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 …

Managing Deportation: How Docket Control Replaced Substantive Relief In Immigration Courts, R. Linus Chan

SMU Law Review

In the modern deportation era, immigration courts saw their ability to grant relief from deportation undergo significant restrictions, constraining individualized discretion in favor of "categorical" denials. Congress dramatically curtailed the discretionary tools available to immigration judges, with the latest being the pair of immigration reforms from 1996, shifting the locus of individualized decision-making away from the courts and toward enforcement officers and prosecutors. Immigration courts lost discretion in being able to decide who could formally be granted status and stay in the United States when facing deportation through various restrictive eligibility requirements written into the law.

This Article argues that …

Front Matter

SMU Law Review

No abstract provided.

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 …

Fda After Loper Bright, Erika Lietzan

SMU Law Review

Loper Bright Enterprises v. Raimondo, which overruled the Chevron, U.S.A. v. Natural Resources Defense Council decision from 1984, tells us that a court should determine the meaning of all statutory provisions for itself, rather than deferring to the views of the federal agencies that implement those provisions. But the overruling of Chevron may have less of an impact on the U.S. Food and Drug Administration (FDA) than conventional wisdom supposes. Most challenges to FDA action do not concern its statutory interpretations. And the agency prevailed in most cases involving statutory interpretation before the Chevron doctrine took hold. After 1984, …

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 …

Front Matter

SMU Law Review

No abstract provided.

A Tribute To Professor Thomas Wm. Mayo, Jason P. Nance

SMU Law Review

No abstract provided.

A Mentor's Gift: In Tribute To Professor Thomas William Mayo, Erin Nealy Cox

SMU Law Review

No abstract provided.

Tom Mayo: A Heartfelt Appreciation, Jeffrey M. Gaba

SMU Law Review

No abstract provided.

Trademark Confusion After The Algorithmic Turn, Daryl Lim

SMU Law Review

Trademark confusion doctrine rests on an implicit theory of consumer perception. Courts infer confusion through proxies such as similarity, market proximity, intent, and evidence of actual confusion, presuming that consumers encounter trademarks in stable, human-designed environments. That premise no longer holds uniformly across contemporary markets. Today, consumers increasingly encounter trademarks through algorithmic systems that rank, cluster, recommend, and generate content on their behalf.

This Article argues that trademark law’s likelihood of confusion doctrine has not yet reckoned with this transformation. In algorithmically mediated markets, confusion often arises without copying, deception, or misleading conduct by traders. Instead, it often arises from …

The Good Samaritan Myth: Why Virtue-Based Food Waste Policy Fails And What Should Replace It, Tyson-Lord Gray

SMU Law Review

For nearly fifty years, federal corporate food waste legislation has consistently employed an aretaic (virtue-based) theoretical framework that assumes corporations will act as “Good Samaritans” when provided with appropriate incentives and liability protections. Beginning with Federal Tax Code Section 170(e)(3) in 1976 and continuing through the Bill Emerson Good Samaritan Food Donation Act (1996), the Federal Food Donation Act (2008), the Agri-cultural Improvement Act (2018), and the Food Donation Improvement Act (2022), United States policy has relied exclusively on voluntary compliance mechanisms rather than mandatory regulations. This Article argues that this approach is built on a myth, and that the …

Predictive Protest Policing, Christian Powell Sundquist

SMU Law Review

The policing of dissent in America is undergoing a radical transformation that threatens the fundamental right to protest. Demonstrations are no longer merely surveilled; they are algorithmically suppressed. Law enforcement agencies increasingly deploy algorithmic social media surveillance to predict protest violence, forecasting potential “riots” and justifying militarized responses before a single demonstrator takes to the street. This Article identifies and challenges what it terms “predictive protest policing,” arguing that these systems do not objectively detect threats but actively construct them, disproportionately targeting racial justice demonstrations. Drawing on evidence from the federal response to immigration protests in Minneapolis, the preemptive policing …

Preserving Gender Norms Through Harm-Based Reasoning: The Best Interest Of The Child Standard And Transgender Parents, Ariël Decoster

SMU Law Review

Contemporary custody law purports to have moved beyond dominant gendered understandings of parental roles and family life by resolving disputes under the ostensibly neutral “best interest of the child” (BIC) standard rather than through the explicitly gendered rules that once governed custody adjudication. This Article examines custody disputes involving transgender parents to reveal a structural feature of custody adjudication under the BIC standard, namely the continued reproduction of dominant gender norms under the guise of a neutral legal standard.

Analyzing transgender custody cases alongside scholarship documenting how the BIC standard’s indeterminacy has enabled bias against other marginalized parents, the Article …

Privatizing College Athletics: Using An Llc To Govern College Sports, Melinda Roth

SMU Law Review

In April 2025, the University of Kentucky, a member of one of the most powerful conferences in college sports, created Champions Blue, LLC. The board of trustees approved the transfer of Kentucky’s collegiate athletics operation into this new entity. A few months later, the University of Utah similarly created a limited liability company (LLC) to house its athletics program, though Utah’s model also incorporated a private equity investor into the LLC. Other schools, including Boise State, Clemson, Michigan State, Texas Tech, and West Virginia, among others, have also recently formed LLCs or formed partnerships with a private entity to hold …

The Corporate Capture Of Homeownership, Julie Gilgoff

SMU Law Review

What happens when the American dream of homeownership becomes a corporate asset class? Institutional investor ownership of single‑family rentals (SFRs) reduces the number of homes available for individual purchase and drives up home values—a trend that is beneficial for existing homeowners, but detrimental for prospective buyers. Although the creation of new single‑family rental units has been lauded as a public good to fill the housing gap for those who cannot afford to purchase, it is perpetuating a cycle in which individuals lose out on the opportunity to build equity and intergenerational wealth.

The topic of investor ownership of SFRs has …

Owning The Afterlife? Reframing Ai “Resurrections” Through A Dignity Lens, Emily Frank

SMU Law Review

Artificial intelligence tools now enable startlingly lifelike recreations of the dead—replicating a person’s face, voice, and mannerisms for entertainment, advertising, and even political messaging. American law largely funnels disputes over these “digital resurrections” into the right of publicity, a property-centered regime that turns identity into an asset to be bought, sold, licensed, and inherited. That framework protects market value but often misses the harm that matters most to families: degradation, distortion, and reputational injury to the decedent’s memory. This Comment argues for a narrow “dignity backstop” that operates when property rules fail or have been waived. The proposal recognizes a …

The Preemption Prescription: State Preemption Of Local Zoning Authority As A Means To Increase Housing Availability And Affordability, Molly Ryan

SMU Law Review

Over the past few decades, housing prices dramatically increased, while wages and salaries across many professions remained relatively stagnant. This widening gap has reduced housing availability and affordability for individuals from diverse socioeconomic backgrounds. If left unaddressed, restrictive zoning regulations may further intensify these challenges by limiting housing supply and contributing to the nation’s growing homeless population. In response to these issues, several states, including Texas, are preempting local zoning authority through statewide legislation designed to mitigate zoning’s impact on housing costs and availability. However, this approach remains contentious and may be insufficient, by itself, to resolve the complex issues …

Asymmetric Synthesis Of The Hiv Protease Inhibitor Tmc-126, A Pmx Antimalarial Protease Inhibitor, And A Putative Covid-19 Inhibitor Using A Highly Stereoselective Glycolate Aldol Addition Reaction Pathway, Kweku Amaning Affram, Austin Carter, April Breede, Alexandra Kimsey, Godson Hemeson, Bader Semakieh, Moses Martinez, Emmanuel Ayim, Joy Odeh, Shawn R. Hitchcock

Faculty Publications – Chemistry

An asymmetric glycolate aldol addition pathway was developed for the synthetic preparation of a series of protease inhibitors based on the hydroxyethylamine structural motif. A single glycolate aldol adduct derived from a highly diastereoselective (≥95:5 d.r.) asymmetric aldol reaction served as the starting point for the synthesis of the inhibitors. The starting material is easily prepared and purified via recrystallization on multigram scales. This work describes the synthesis of the HIV protease inhibitor TMC-126, the Plasmepsin X (PMX) inhibitor 49c for the treatment of malaria, and a computationally derived inhibitor for the 3CLpro of the SARS-CoV-2 from a single common …

Advancing Interoperability Through Governance And Sustainability: A Qualitative Comparative Case Study Of State Health Information Exchanges In The United States, Karterria Finkley

College of Graduate Studies: Theses & Dissertations

This study presents a comprehensive comparative analysis of state-level Health Information Exchanges (HIEs) across all 50 U.S. states and the District of Columbia, examining how governance structures, consent frameworks, funding models, and technical infrastructure influence interoperability maturity, sustainability, and adoption. Guided by Systems Theory and Donabedian’s Structure Process Outcome framework, the research employs a mixed-methods comparative case design integrating systematic documentary review, qualitative thematic analysis, and a policy-anchored analytic scoring methodology. Structural and policy characteristics were operationalized through standardized ordinal (1-5) metrics and aggregated into composite indices representing governance capacity, consent inclusivity, financial sustainability, and technical readiness. This approach enabled …

Association Between Internet Use For Health Information And Alzheimer’S Disease Diagnosis Among Older Adults With Diabetes In The United States: Examining Racial And Gender Disparities, Henry M. Zeidan

College of Graduate Studies: Theses & Dissertations

This study uses data from the National Health and Aging Trends Study (NHATS) Round 13, collected in 2024, to examine whether internet use for health information is associated with Alzheimer’s disease diagnosis among older adults with diabetes in the United States. Given the rising adoption of digital health, understanding who benefits from online health resources is increasingly important. The research also examines whether these associations differ across racial and gender groups, offering insight into potential disparities in digital health engagement and cognitive outcomes. Findings from this study will inform clinical practice, public health programming, and strategies to ensure equitable access …

Examining How Engagement Strategies Of Principals Influence Teacher Retention In Urban Title I Schools, Bridgette Allen

College of Graduate Studies: Theses & Dissertations

As the teacher shortage continues to rise, it is critical for educational leaders to focus on teacher retention. Principals play a significant role in teacher retention, teacher engagement, and job satisfaction; therefore, they must implement effective engagement strategies to improve teacher retention. The purpose of this basic qualitative study is to explore how engagement strategies employed by principals at urban Title I schools contribute to teachers’ decisions to remain at these schools. The research question for this study examines teachers’ perspectives on how the engagement strategies used by their school principals influence their decision to remain in an urban Title …

Exploring Teacher Perceptions: A Comparative Analysis Of Departmentalized And Self-Contained Instructional Models In First And Second Grades, Jason R. Trotter

College of Graduate Studies: Theses & Dissertations

This qualitative multiple-case study examined the perceptions of first- and second-grade teachers who have taught in both the departmentalized and traditional self-contained instructional models. The study explored teachers’ perceived advantages and disadvantages of each model, examined how their experiences within each model influenced instructional strategies and classroom management approaches, and assessed their perceived impacts on student engagement and learning outcomes. Each grade level was a bounded case. This study was conducted at a Title I elementary school in Southeast Georgia, where both models were implemented.

Guided by social constructivism, semi-structured interviews were conducted with seven teachers (four first-grade and three …

Staff Perceptions Of The Roles, Responsibilities, And Effectiveness Of School Resource Officers In Ensuring School Safety, Jana B. Collins

College of Graduate Studies: Theses & Dissertations

School safety remains a critical concern in education, particularly in rural settings where resources, staffing, and community dynamics may differ from urban and suburban environments. The purpose of this quantitative study was to examine staff perceptions of the roles, responsibilities, and effectiveness of school resource officers in maintaining and enhancing school safety within a rural school system. A researcher-designed survey using a 4-point Likert scale was administered to teachers and staff members (N = 417). Descriptive statistics summarized overall staff perceptions, and analyses of variance (ANOVAs) examined differences based on demographic and professional characteristics. Findings indicated that staff generally …

Math Toxicity: A Psychoanalytic Examination Of Blips And Belonging In Mathematics Education, Kimberly R. Kirstein

College of Graduate Studies: Theses & Dissertations

This dissertation examines how secondary mathematics education functions not only as a curricular and institutional structure but as a lived, relational, and affective experience for students. While mathematics education research has extensively documented patterns of achievement, access, and anxiety, far less attention has been given to how students come to experience mathematics as a site of threat, shame, and diminished worth. This study introduces the concept of math toxicity to describe the cumulative harm produced when mathematics operates as a gatekeeping mechanism that links performance to identity and value. Drawing on historical analysis, psychoanalytic theory, and autobiographical inquiry, this research …