Digital Commons Network^™

Cruise Contracts, Public Policy, And Foreign Forum Selection Clauses, John F. Coyle

Faculty Publications

A cruise ship contract is the prototypical contract of adhesion. The passenger is presented with the contract on a take-it-or-leave-it basis. If she refuses to sign, the ship sails without her. To ensure that cruise companies do not draft one-sided contracts that are unfair to passengers, Congress has enacted a number of statutes that regulate these agreements. One such statute is 46 U.S.C. § 30509. This law stipulates that any contract provision that limits the liability of the cruise company for personal injury or death is void as against public policy if the ship stops at a U.S. port.

In …

The End Of School Policing, Barbara A. Fedders

Faculty Publications

Police officers have become permanent fixtures in public schools. The sharp increase in the number of school police officers over the last twenty years has generated a substantial body of critical legal scholarship. Critics question whether police make students safer. They argue that any safety benefits must be weighed against the significant role the police play in perpetuating a school-to-prison pipeline that funnels Black and Brown students and students with disabilities out of schools and into courts, jails, and prisons. In suggesting remedies for this problem, commentators have proposed several regulatory fixes. These include changes to the standards for evaluating …

Exploiting Virtual Realities For Library Serial Services To Nigeria Disabled Patrons, Adebowale Jeremy Adetayo, Augustine I. Enamudu, Folashade Munirat Lawal

Library Philosophy and Practice (e-journal)

Disabled patrons have faced unparalleled marginalization in Nigerian libraries due to facilities designed for ordinary users, which the disabled find challenging to navigate. As a result, access to serial services supplied by these institutions is constrained. The challenge of libraries is apparent, as seen by the decline of disabled patronage. In the face of this difficulty, they must act quickly to guarantee that their primary goal of fulfilling the information requirements of all classes of people is met. Librarians must re-strategize their serial services utilizing virtual realities in order to remain relevant. The article delves into the practical application of …

Access Riders (Web), Jessie Bullivant, Jemina Lindholm

Access Riders

Jemina Lindholm, Jessie Bullivant, Camille Auer, Nora Heidorn, Heidi & Kaino Wennerstrand (BIITSI), Jenni-Juulia Wallinheimo-Heimonen, Anonymous

An access rider is written by an individual, and can be shared when one is invited to take part in a project or any working relationship. It can work as a starting point for a conversation between the inviter and invitee about the accessibility of a certain situation.

Access Riders is a collaborative project by artists Jessie Bullivant and Jemina Lindholm. The project is a compilation of access riders by eight of the contributors to Frame Contemporary Art Finland's Rehearsing Hospitalities event. The access …

Access Riders (Print), Jessie Bullivant, Jemina Lindholm

Access Riders

Jemina Lindholm, Jessie Bullivant, Camille Auer, Nore Heidorn, Heidi & Kaino Wennerstrand (BIITSI), Jenni-Juulia Wallinheimo-Heimonen, Anonymous

An access rider is written by an individual, and can be shared when one is invited to take part in a project or any working relationship. It can work as a starting point for a conversation between the inviter and invitee about the accessibility of a certain situation.

Access Riders is a collaborative project by artists Jessie Bullivant and Jemina Lindholm. The project is a compilation of access riders by eight of the contributors to Frame Contemporary Art Finland's Rehearsing Hospitalities event. The access …

Social Media As A Collaborative Tool For Research Among Library And Information Science (Lis) Professionals In Nigeria, Azeez Adebamgbola Adeoye, Charis Onuoha Mrs, Doris C. Obiano Dr., Olayode Motunrayo Librarian I

Library Philosophy and Practice (e-journal)

The penetrating influence of the internet and information communication technology tools has brought about a boost in communication and interaction of people. Collaborative research is now seen as a key factor in achieving a set goal in any field including the field of library and information science. This study is focused on exploring the use of social media as a tool for collaborative research among librarians in Nigeria. A descriptive survey design was adopted for this study and an electronic questionnaire was used to elicit responses from one hundred and one (101) library and information science (LIS) professionals based on …

Biblical Concepts In Action: A Case For Discipleship In The Worship Ministry, Wendall D. Reed

Doctoral Dissertations and Projects

The purpose of this qualitative historical study is to examine the discipleship of the worship ministry in the local church according to biblical principles of discipleship. Despite the biblical examples of discipleship benefits, worship ministry personnel are often not included in discipleship efforts from church leadership. The leadership and the congregation alike may assume their spiritual maturity. The preaching ministry and the worship ministry are the most public act of worship viewable by congregants. Some worship ministry volunteers and staff may feel they are expected to have already been discipled and may be reluctant to pursue discipleship engagement. This study …

You Can Call Me Al: Regulating How Candidates' Names Appear On Ballots, Peter Nemerovski

Faculty Publications

In electoral politics, names matter. Studies and anecdotal evidence show that candidates whose names suggest a certain ethnic heritage— for example, an Irish-sounding surname in Chicago, or a Hispanic name in South Florida—outperform candidates without such names, and that “American-sounding” names and names with positive connotations can give candidates a leg up. Therefore, candidates for public office often seek to run under the name they regard as most electorally advantageous. Election boards, secretaries of state, and ultimately courts are often called upon to decide whether a particular candidate can run for office under a particular name.

This Article looks at …

Shocking Business Bankruptcy Law, Melissa B. Jacoby

Faculty Publications

The intersection of major crises and financial distress generates no shortage of stock stories. This Essay offers one more: how shocks can be used opportunistically in big Chapter 11 cases to unravel bankruptcy law, and to shift the system further away from the objective of responding to overindebtedness.

Barring Married Same-Sex Couples From Joint Adoption: Comparative Perspectives And The Case Of Taiwan, Holning S. Lau

Faculty Publications

Taiwan is the first country in Asia to legalize same-sex marriage, but it forbids married same-sex couples from jointly adopting children. This article examines this restriction through the lens of comparative law, which brings into focus two main insights. First, we see that, out of all countries that have legalized same-sex marriage, Taiwan is one of only two that bar married same-sex couples from joint adoption. As this article will explain, the fact that Taiwan’s policy is so anomalous should spur skepticism of the policy’s appropriateness. Second, judicial opinions from around the world contain persuasive reasoning that further calls into …

Disbanding Police Agencies, Anthony O'Rourke, Rick Su, Guyora Binder

Faculty Publications

Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a democratic and institutionalist perspective. Should localities disband their police forces? One reason to do so is that discriminatory police departments are often too insulated from democratic oversight to be reformed. But can localities succeed in disbanding and replacing their forces with something better? Unfortunately, the structural entrenchment of …

Gender Violence, The Carceral State, And The Politics Of Solidarity, Deborah M. Weissman

Faculty Publications

Part I of this Article examines gender violence committed by the State. It does so within the context of recent initiatives to address abusive police practices to demonstrate that issues of gender violence have been omitted from reform efforts. To that end, it provides a critical review of anti-carceral campaigns, including recent challenges to “stop-andfrisk” practices. Litigation addressing abusive police conduct has failed to identify stop-and-frisk as a particular form of gender violence. Similarly, community campaigns to oversee police body-worn camera policies have overlooked the differential ways in which survivors of gender violence are impacted by these police devices. This …

Law In The Shadows Of Confederate Monuments, Deborah R. Gerhardt

Faculty Publications

Hundreds of Confederate monuments stand across the United States. In recent years, leading historians have come forward to clarify that these statues were erected not just as memorials but to express white supremacist intimidation in times of racially oppressive conduct. As public support for antiracist action grows, many communities are inclined to remove public symbols that cause emotional harm, create constant security risks and dishonor the values of equality and unity. Finding a lawful path to removal is not always clear and easy. The political power brokers who choose whether monuments will stay or go often do not walk daily …

Electoral Change And Progressive Prosecutors, Ronald F. Wright, Jeffrey L. Yates, Carissa Byrne Hessick

Faculty Publications

While it is clear that a debate is happening about new approaches to the prosecutor's work, it is less clear how deep the changes go. Given the large number of prosecutor offices in the United States, it is possible that much of the change that the media documents is limited to only a few offices; it is also possible that newsworthy stories of recent prosecutor campaign debates are merely the most visible layer of a change that goes deeper. Do the media accounts focus on vivid but exceptional election campaigns, or do news stories over the' last decade reflect a …

Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn

Scholarly Works

Until the late 20th century, the most rigorously traditional Jews, haredi Jews (often referred to as “ultra-Orthodox”) tended to congregate in New York City. But as New York became more expensive and haredi population grew due to high birth rates, some haredi Jews (known collectively as “haredim”) moved to small towns and outer suburbs in search of cheaper land, sometimes creating towns dominated by haredim such as Kiryas Joel, New York and Lakewood, New Jersey. As haredi populations have continued to grow, their households now seek undeveloped land outside these enclaves. But as haredim move deeper into the countryside, zoning …

Will Zoning Fix Itself?, Michael Lewyn

Scholarly Works

Typically, zoning artificially limits housing supply, thus increasing housing costs. One possible defense of this system is that zoning can fix itself- that is, that when rents and housing costs become unusually high, politicians will deregulate and thus reduce housing costs. This article suggests that such a happy result is unlikely; instead, where housing costs spiral out of control, voters and politicians are likely to make regulation even more strict out of a fear of gentrification.

Effect Of Planting Date And Cultivar Maturity In Edamame Quality And Harvest Window, David Octor Moseley, Marcos Da Silva, Leandro Mozzoni, Moldir Orazaly, Liliana Florez-Palacios, Andrea Acuna, Chengjun Wu, Pengyin Chen

Crop, Soil and Environmental Sciences Faculty Publications and Presentations

Edamame is a food-grade soybean [Glycine max (L.) Merr.] that is harvested immature between the R6 and R7 reproductive stages. To be labeled as a premium product, the edamame market demands large pod size and intense green color. A staggered harvest season is critical for the commercial industry to post-harvest process the crop in a timely manner. Currently, there is little information to assist in predicting the optimum time to harvest edamame when the pods are at their collective largest size and greenest color. The objectives of this study were to assess the impact of cultivar, planting date, and …

Replanting A Wild Seed: Black Women School Leaders Subverting Ideological Lynching, Whitneé Louise Garrett-Walker

Doctoral Dissertations

Much race-based educational research is focused on teachers interrupting systems ofoppression in their classrooms, through methods such as curriculum and instruction, and preparing students to engage in the world (Alston, 2012; Bertrand & Rodela, 2017; Carpenter & Diem, 2013; Gooden & Dantley, 2012; Furman, 2012). I intentionally focus my attention on school leadership because while all stakeholders are responsible for maintaining school culture, as school leaders it is our responsibility to create conditions where the work of enacting social justice is expected in our schools. There continues to be a gap in educational research that deeply examines this level of …

Teaching Critical Thinking Skills In A Chinese Immersion School, Pui Hung Helen Wong

Doctoral Dissertations

As a frontline teacher and administrator, I received feedback consistently from parents and students asking for a fun and effective method of instruction for Chinese language development in the US. This study explored the micro-level of how teachers in Chinese immersion schools create an environment to support development of students’ critical thinking skills while learning Chinese. I applied a qualitative approach to the research and designed a case study focused on answering the following research questions: How do teachers help their students to develop critical thinking skills when teaching in a Chinese immersion program? What are the challenges teachers have …

The Influence Of Biological Sex, Athletic Identity And Pressure On Collegiate Athlete's Attitudes And Behaviors Toward Playing Through Pain And Injury, Margaret Anne Willis

Cal Poly Humboldt theses and projects

Injuries are to be expected when participating in all levels of collegiate sports (e.g., recreation, elite, club, intermural). It is common among collegiate athletes to continue practicing or competing despite being in pain/injured. This willingness to play hurt can cause negative consequences for athlete’s future health. The purpose of this study was to examine the influence of biological sex, athletic identity and pressure on collegiate athlete’s attitudes and behaviors toward playing through pain and injury. Student-athletes involved in NCAA (National Collegiate Athletic Association) Division II sports completed two questionnaires and one measurement scale: demographic questionnaire, Risk, Pain and Injury Questionnaire …

Why Do People Donate? Motivation Of Major Donors In Higher Education, Karin Hsuan Chao-Bushoven

Cal Poly Humboldt theses and projects

Higher education has relied on private philanthropy since the establishment of the first universities in the U.S. This reliance has increased over the decades as a result of rising costs and decreased government investment. As such, it has become more critical to better understand what factors motivate philanthropists to increase their support of higher education; including direct support for teaching and research and increasing financial support for those students otherwise not able to pursue secondary education. However, much of the existing data focuses only on point-of-philanthropic-act, and neglects to examine motivational factors of long-term donors that have progressively increased their …

Functional Analysis Of Folate Biosynthesis Genes Of Rickettsia Monacensis Str. Humboldt Via Complementation Assay, Brandon James Hill

Cal Poly Humboldt theses and projects

Nutritive symbiosis between bacteria and ticks is observed across a range of microbes and hosts, however, little characterization on the molecular components responsible for these symbioses has been done. Previous studies in our lab demonstrated that Rickettsia monacensis str. Humboldt (RMSH) can synthesize folate de novo via folA, folC, folE, folKP, and ptpS pathway. In this study expression of RMSH folate genes within a folate gene mutant E. coli K-12 strain BW25113 was used to functionally characterize RMSH folate genes in vivo. RMSH folate genes were subcloned into TransBac vector and transformed into folA, …

The Effect Of Partner Gender On Bisexual’S Percieved Lgbt+ Belonging, Danielle Siegel

Cal Poly Humboldt theses and projects

Bisexual erasure is a phenomenon in which the existence of bisexuality is broadly omitted from history, media, and research. Bisexual erasure contributes to stereotypes that bisexuality is a strictly transitional identity, only used in the process of sexually-experimenting or coming out as gay. Although well-documented in qualitative research on bisexuality, the negative effects of bisexual erasure on bisexual women’s mental health and ability to access LGBT+ resources have not been shown in an experimental context. In a vignette study, participants (N= 276) were asked to review application materials for a potential recipient of an LGBT+ exclusive scholarship award. …

The Role Of Lawyers In Bridging The Gap Between The Robust Federal Rights To Education And Relatively Low Education Outcomes In Guatemala, Maryam Ahranjani

Scholarly Works

Relative to other countries in the world and in Central America, the Guatemalan Constitution and the federal education law include a robust and detailed right to education. However, literacy rates and secondary educational attainment, particularly for Indigenous people and young women living in rural communities, remain low. The COVID-19 pandemic has only exacerbated disparities. Once children return to schools after the pandemic, the gaps will be even larger. Lawyers can play a critical role in making the strong Constitutional right to education more meaningful.

Contracts On The Seabed, Christiana Ochoa

Articles by Maurer Faculty

Four million square kilometers of seabed within the sovereignty of Pacific Island nations are currently under contract for mineral exploration or exploitation. Over a million additional square kilometers of the non-sovereign seafloor are licensed for such use. Historically, these licenses have served to establish “squatters’ rights” in anticipation of a distant future when the industry would develop the machinery to exploit oceanic mineral wealth. That moment has arrived, with the first seafloor mining machines rolling off production lines in 2015-2016. Indeed, but for failed financing, the first seabed mine would now be operating in the territorial ocean waters of Papua …

Fintech's Role In Exacerbating Or Reducing The Wealth Gap, Pamela Foohey, Nathalie Martin

Articles by Maurer Faculty

Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt in-equality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like banking services, such as early wage access and other fintech innovations. These innovations both hold the promise of reducing racial and ethnic disparities in lending and bring concerns that they may be exploited in ways that perpetuate inequality. They also come at a time when policy makers are considering how …

Law School Memories: Building Empathy By Connecting To One's Earlier Self, Drew Simshaw

Scholarly Works

No abstract provided.

Bursting The Auto Loan Bubble In The Wake Of Covid-19, Pamela Foohey

Articles by Maurer Faculty

Before the COVID-19 pandemic, auto loans outstanding in the United States had soared to record highs. The boom in lending spanned new and used cars and traditional and subprime loans. With loan delinquencies also hitting new highs almost every quarter, predictions that the auto lending market could burst soon abounded. When the economy came to a grinding halt and unemployment skyrocketed in the wake of the pandemic, auto lenders knew they were facing a crisis. Throughout 2020, auto lenders granted more payment forbearances to consumers, while slashing interest rates on new loans. Auto manufacturers similarly made promises to buyers, such …

Judicial Independence At Twilight, Charles G. Geyh

Articles by Maurer Faculty

Judicial independence is a fixture of American government, but its structure has never been fully understood. As long as the federal judiciary has survived episodic attacks with its independence intact, there has been no pressing need to know how or why. But a confluence of cyclical, sustained, and sudden developments now threatens the federal judiciary’s autonomy in arguably unprecedented ways and demands a more comprehensive analysis of judicial independence and its vulnerabilities. This article begins by reconceptualizing the structure of judicial independence in three tiers. At the apex is an ancient, Rule of Law Paradigm, which proceeds from the premise …

Tangibility As Technology, João Marinotti

Articles by Maurer Faculty

Property law has traditionally relied on tangible boundaries to delineate legal thinghood and to inform the bounds of in rem rights and duties. Unfortunately, property doctrines have fossilized around tangibility, causing fragmentation in the legal treatment of digital assets. In the United States, for example, cryptocurrencies and non-fungible tokens (NFTs) may simultaneously be classified as commodities, securities, currencies, assets, or not property at all, depending on the jurisdiction, domain, or specific asset in question. This fragmented system of overlapping legal treatments increases the information cost of using digital assets, decreases efficiency, and ultimately hinders future innovation.

In this Article, I …