Digital Commons Network^™

Say Yes To Drugs: Rescheduling Ibogaine From Schedule I, Autumn Zierman

Minnesota Journal of Law, Science & Technology

No abstract provided.

Trends In Pharmaceutical Patent Settlements Since Actavis And Private Plaintiffs' Causation Requirement, Kelly Lear Nordby

Minnesota Journal of Law, Science & Technology

In January 2025, the U.S. Federal Trade Commission (FTC) reported that a new form of “possible compensation” from brand drug manufacturers to generic (or biosimilar) manufacturers, specifically “quantity restrictions,” have become “increasingly prevalent” in pharmaceutical patent settlement agreements filed with FTC under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. As the FTC noted, “quantity restrictions” may reduce the settling firm’s incentives to compete, resulting in supracompetitive prices for the brand and generic drug. This article summarizes trends in pharmaceutical patent settlement agreements and reverse-payment antitrust litigation since the Supreme Court’s landmark decision in FTC v. Actavis. Focusing …

The Right To Share: Affording Americans Meaningful Control Over Their Data, Kevin Frazier

Minnesota Journal of Law, Science & Technology

Americans today face unprecedented opportunities to leverage their personal data for health, education, and economic benefit; yet state and federal privacy laws increasingly restrict their ability to do so. This Article argues that the prevailing regulatory paradigm—rooted in paternalism, behavioral assumptions, and a deep distrust of both firms and individuals— has produced a system that paradoxically denies people meaningful control over their own information. As artificial intelligence tools grow more capable, the inability of individuals to share data freely threatens to entrench inequities, concentrate access to high-quality AI systems among the wealthy, and accelerate the formation of an “AI abyss” …

From Data To Decisions: Why Ai Inferences Should Count As ‘Effects’ Under The Fourth Amendment, Susan Tanner

Minnesota Journal of Law, Science & Technology

This Article argues that AI-driven microtargeting, enabled by large-scale data brokerage and increasingly acquired by government actors, creates a dual constitutional problem. First, it undermines Fourth Amendment protections through what has become known as the ‘data broker loophole.’ Second, it amplifies inequality and civic distortion by segmenting political information flows in ways that evade traditional constitutional checks and statutory privacy regimes. Building on Carpenter v. United States, Riley v. California, and United States v. Jones, this Article proposes a doctrinal framework that treats government acquisition of granular behavioral datasets and model outputs as ‘searches,’ even when intermediated by private actors, …

Floribunda Garden Club Records, Garden Club, Floribunda

Manuscript Collection

This collection consists of the records of the Floribunda Garden Club of Rock Hill, South Carolina, documenting the club’s activities, organization, and community involvement from its founding in 1955 through approximately 2015. The club was founded with the objective of promoting “the love of flowers, beautification of our gardens and the home of each member.” The collection includes meeting minutes, yearbooks, correspondence, event flyers, newspaper clippings, constitutions and bylaws, and four scrapbooks.

The scrapbooks and yearbooks document club officers and members, meetings, gardening activities, community projects, awards and recognitions, and other club events. The collection also includes materials relating to …

Intergenerational Bible Study As A Means Of Discipleship At The Waukesha Community Seventh-Day Adventist Church, Myoung Kwon

Doctor of Ministry Projects

Problem

The Waukesha Community Seventh-day Adventist Church faced a plateau in Bible study engagement. Newly baptized members were disengaging from continuing Bible study and not reproducing disciples, resulting in a spiritual growth process that was minimal and heavily dependent on the pastor.

Method

The DMin student chose action research as a method for developing, implementing, and evaluating an intergenerational Bible study strategy to revitalize discipleship. The three-phase intervention included: (1) a sermon series featuring intergenerational activities to recruit participants; (2) a workshop to equip lay members as Bible study teachers; and (3) an eight-week program with two tracks: a one-on-one …

Artificial Elections: How Artificial Intelligence Can Affect Elections And Decide Our Future, Ryan D. Granger

Honors Undergraduate Theses

This thesis examines the growing role of artificial intelligence (AI) in democratic elections, highlighting both its transformative potential and its associated risks. Drawing on a qualitative analysis of existing literature, the study explores how AI is increasingly integrated into political campaigns, election administration, and voter engagement. Key benefits include enhanced data analysis, personalized political messaging, and improved efficiency in campaign operations. AI also supports real-time fact-checking and more accurate vote tabulation, which can strengthen transparency and trust in electoral processes. However, the thesis emphasizes that these advantages are accompanied by significant challenges. AI technologies enable the rapid creation and dissemination …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …

Interaction Of The Dap-10 Fluorescent Light-Up Aptamer With An Environment-Sensitive Dye, Crystal Violet, Marina Tsukanova

Honors Undergraduate Theses

Crystal violet (CV) is an environment-sensitive dye whose fluorescence is strongly influenced by microenvironment polarity and viscosity, increasing markedly when rotational and vibrational motions are restricted. While the fluorescence enhancement of CV by fluorescent light-up aptamers (FLAPs) has been noted in literature, the specific binding interactions between CV and aptamers in the DAP-10 family have remained under-investigated.  The objective of this work is to elucidate the binding site interactions between CV and the DAP-10-42 FLAP. It is hypothesized that positions 34 and 35 of the aptamer’s sequence reside in a proposed quadruplex-duplex junction that form the dye-binding pocket of DAP-10 …

Utilising Video Recordings To Assess Student Pilot Performance: An Exploratory Study During A Simulated Training Flight, Bradley Moncion, Shi Cao, Allison Lynch, Suzanne K. Kearns, Elizabeth Irving, Ewa Niechwiej-Szwedo

Journal of Aviation/Aerospace Education & Research

In ab initio flight training, the quality of the feedback a flight instructor provides their student is essential to their success. While other high-performance and safety-critical industries have incorporated the use of video recordings into training and assessments, the aviation industry generally has not. There are some studies addressing the potential benefits of video recordings in training professional pilots, but there is a lack of research at the ab initio level. In this study, five flight instructors assessed the performance of student pilots conducting a simulated training flight using a 4-point marking scale. The flights instructors were then tasked with …

Navigating The Challenges: Preflight Planning With Notam In Australia’S General Aviation Sector, Joshua Chiang, Guido Carim Junior

Journal of Aviation/Aerospace Education & Research

Notices to Airmen (NOTAMs) are an integral part of a pilot’s preflight navigational briefing, providing pertinent information in textual format. However, significant shortcomings have been found in the NOTAM system and in its use, with many of the shortcomings revolving around the interface. This study aimed to identify and evaluate the challenges general aviation pilots face when interacting with NOTAMs during preflight navigational planning. A thematic analysis study was conducted and included episodic semi-structured interviews with 15 pilots and document analysis. The interview transcription and excerpts of NOTAMs were analyzed following a thematic analysis technique. The findings of this preliminary …

Critical Connections: The University Of Tennessee And Oak Ridge From The Dawn Of The Atomic Age To The Present, Camille Mccutcheon

The Southeastern Librarian

Lee Riedinger, Al Ekkebus, Ray Smith, and William Bugg

Knoxville: University of Tennessee Press, 2024

ISBN: 9781621906544

488 pp. $39.95 (Hbk)

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 …

Academic Integrity In The Age Of Ai: A Student's Guide To Citation And Disclosure, Steve Baule

Essays in Education

The rapid emergence of generative artificial intelligence (AI) has reshaped academic work, creating new opportunities for learning while introducing complex challenges for maintaining academic integrity. This article presents a clear, practical three question framework to help students determine when and how to disclose AI use in their coursework. Grounded in principles of transparency and intellectual honesty, the framework consists of three guiding questions addressing AI‑generated content, meaningful process support, and purely mechanical assistance. Through detailed explanations and real‑world scenarios, the article clarifies distinctions among these categories and outlines appropriate citation and disclosure practices for each. It emphasizes that AI use …

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 …

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.

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.