Digital Commons Network^™

Welcoming 2024: Supporting Students' Well-Being, Eric A Storch, Rick Yang

Faculty, Staff and Students Publications

No abstract provided.

Housing Choice, Transportation Equity, And Access To Opportunities In Refugee And Immigrant Communities, Diane Mitschke, Anne Nordberg, Stephen Mattingly, Katherine Kitchens

TREC Final Reports

Mobility directly impacts access to opportunities for all protected classes; however, transportation planning and public transit agencies and housing authorities rarely coordinate affordable housing and the transportation system planning decisions. This lack of coordination often leads to mismatches between access to opportunities and affordable housing. Safe access to employment, quality schools, and healthcare represent a few of the many factors that may influence housing choice. For most households with budget constraints, all of these factors may not be achievable. While existing research documents the mismatch between affordable housing and access to opportunities, the role that mobility plays in residential selection …

Fight, Flight, Freeze: How Access To Support Shapes Tenant Responses To Eviction In Multnomah County, Natalie J. Cholula, Lisa K. Bates, Alex Farrington, Marisa Zapata, Colleen Carroll, Jacen Greene, Hadley Bates

Urban Studies and Planning Faculty Publications and Presentations

Facing eviction is a traumatic event that forces tenants into a fight, flight or freeze response. Our focus groups with Multnomah County tenants reveal that their responses to eviction are directly shaped by their access to support. Many tenants are unable to access formal support and therefore respond to eviction by freezing up or fleeing their home. Conversely, tenants who can access formal support—including rental assistance or legal assistance—exhibit a fight response, leveraging external support to challenge or avoid their eviction.

Targeted, Harassed, And Displaced: The Role Of Discrimination In Oregon Evictions, Alex Farrington, Natalie J. Cholula, Lisa K. Bates

Urban Studies and Planning Faculty Publications and Presentations

Drawing on focus groups with 101 Oregon tenants who have experienced an eviction since the onset of the COVID-19 pandemic, this report examines the role that discrimination plays in Oregon evictions. As this is not a legal investigation, we do not focus solely on legally-actionable or provable claims. Rather, we include a wide range of tenants’ descriptions of their experiences with unfair, malicious, or prejudicial treatment. We find that many tenants are specifically targeted for eviction or experience prejudicial treatment during the eviction process because of their identity or background. This includes being treated unfairly based on tenants’ race, language, …

Suitability Analysis Of Public And Institutional Lands For The Oregon Farm To Institution Collaborative, Megan Horst, Maura Paxton

Urban Studies and Planning Faculty Publications and Presentations

This report provides a statewide view of public and institutional lands that may be suitable for farm to institution food production in Oregon. The goal is to assist the Oregon Farm to Institution Collaboration, and particularly the Land Access and Shared Assets Work Group, in identifying possible lands for farmers and food producers to grow food for schools, hospitals, and other institutions.

We start by comparing Oregon to other states, in terms of their public land access efforts around farm to institution or other related agriculture. We also showcase some interesting cases which may serve as inspiration to Oregonians. The …

Shame And History, Bennett B. Gilbert

University Studies Faculty Publications and Presentations

If history—our past, the sum of our thoughts, passions, and deeds—is so pervasive, influential, and meaningful, why then do we lose sight of it? Why do we not gain good values from it? And if it is part of our existential core, why then do we so often fail to ravel it into our deliberations?

I propose that very often and to a great degree it is shame that separates us from history. Shame: garrulous, compulsive, intense, omnivorous. A shamed person pushes away the experiences that shame her, thus cutting off the past.

Subito 2024, Portland State University. School Of Music & Theater

Subito: Student Voices from Portland State University School of Music & Theater

Issue 7, Spring 2024

The central theme for this year's journal is the body and wellness of the musician. The journal also includes a faculty spotlight with School of Music & Theater Director of the Coordinate Movement Program Lisa Marsh, research articles, an album review and so much more!

What Drives Housing Choices Of Refugees And Immigrants?, Diane Mitschke, Anne Nordberg, Stephen Mattingly, Katherine Kitchens, Yasmin Al-Zubi, Farah Naz

TREC Project Briefs

When newcomers to the US initially settle, if their chosen location does not meet their expectations or needs, that often propels them to relocate. To determine what helps drive those transition decisions, the researchers interviewed people if they fulfilled one of these requirements:

• They were members of the Dallas County community who were planning to move in the next five years.

• They had recently (within the past five years) moved from their initial residence following their arrival in Dallas County.
• They also had to be immigrants to or refugees in the US who were at least eighteen years old. Out …

Impacts Of Sex Work Criminalization On Sex Workers In Oregon: A Pilot Study, Stephanie Wahab, Katie Shammel

School of Social Work Faculty Publications and Presentations

Executive Summary

Context for the Study
In July, 2023, Oregon legislators voted to fund research exploring the impacts of the criminalization of sex work in Oregon. Unfortunately, the Governor vetoed the budget item, stating that the private sector should fund this type of public health research and noting the need for additional public discussion about the issue. To date, there have been no attempts to study the impacts of prostitution laws on the people most impacted by them in Oregon. The research presented in this report seeks to address this gap.

This qualitative pilot study was designed to better understand …

Including Voices And Mitigating Bias: Evaluative Practices For Final Interviews, Xan Arch, José Velazco

Library Faculty and Staff Publications and Presentations

The chapter discusses the preparation of non-search committee members to participate in an interview process and provide feedback on candidates. Increasingly, as our institutions strive for more inclusive search processes, we are incorporating equitable hiring practices such as implicit bias training for search committee members, rubrics for evaluating candidate applications, and behavior-based interview questions. However, for final interviews, we often throw the door open for general evaluation of candidates by a broad group of people who agree to attend a meeting, presentation, or meal. The feedback we gain from these final interview events may truly be germane to the candidates’ …

Looking At The Past To Change The Future: Showcasing Featured Collections, Building Communities, And Co-Creating, Sherry Buchanan

Library Faculty and Staff Publications and Presentations

Academic libraries have the opportunity and the responsibility to promote and advance content that creates transformative and iterative learning opportunities. To that end, and in an effort to build communities and facilitate co-creation, Portland State University showcases three main Featured Collections in our open access repository, PDXScholar: Climate Justice, COVID-19, and Racial and Gender Equity, with a fourth pilot collection—Student Work: An Open Showcase of Outstanding Student-Created Research & Creative Work—under development. The collections include a broad range of audiovisual materials, such as podcasts and webinar series, as well as sustainability and equity work, student-created content, and numerous future-focused multidisciplinary …

A Profile Of Freshman Inquiry Students Fall 2024, Rowanna L. Carpenter

University Studies Assessment Research

In order to better understand the students enrolled in Freshman Inquiry (FRINQ) courses and identify areas where they may need support, University Studies (UNST) began collecting and compiling data on these students. This report presents a profile of FRINQ students from Fall 2024. It presents an overview of all students enrolled in FRINQ during Fall 2024 and then summarizes information from the Prior Learning Survey.

University Studies Capstone Community Partner Feedback Spring 2024, Rowanna L. Carpenter, Seanna Kerrigan

University Studies Assessment Research

Since 1995, Portland State University has offered students the opportunity to engage in the community as the culmination of their general education experience through Capstones, community-engaged courses, each of which has a community partner. For several years after the beginning of the program, community partners were asked for their feedback. However, over time, response rates declined and the collaborating office was reorganized, so the practice was discontinued. During Winter 2024, University Studies (UNST) implemented a revised survey to seek feedback from current partners. Thirty-six respondents from twenty-five community partners (representing approximately 75 Capstones and thus half of UNST 421 Capstones) …

The Legal Metaverse And Comparative Taxonomy: A Reappraisal, Ugo Mattei

Faculty Scholarship

The present Article revisits my “Three Patterns of Law: Taxonomy and Change in the World’s Legal Systems”—published in this very Journal a quarter century ago—which acknowledged the ideological nature of the law versus politics distinction and posited taxonomy as a means for understanding law. The original article classified law into professional law, political law, and traditional law, and heralded the tentative and dynamic natures of such classification. The two purposes of the present Article are to (i) reflect on legal transformations that have since occurred as reactions to global geopolitical, technological, and economic changes, and (ii) interrogate whether epistemological assumptions …

Going Federal, Staying Stateside: Felons, Firearms, And The ‘Federalization’ Of Crime, Jonathan Abel

Faculty Scholarship

Scholars have long debated the federalization of crime. Proponents assert that federal prosecutions are more likely than state prosecutions to result in convictions and severe punishments, and thus more likely to deter crime. Opponents argue that federalization leads to the arbitrary, and even racist, punishment of a few unlucky defendants plucked from a sea of similarly situated peers. Everyone seems to agree about one thing, though: the federal system outstrips the state system in effectiveness and severity. Yet, no one has obtained the state-court data needed to substantiate these comparisons. This Article fills that gap with an examination of the …

Advancing Human Rights And The Rule Of Law In Haiti, Kate E. Bloch, Ariel Chéry, Marie Gerda Dorcy, Roxane Edmond Dimanche, Yvon Janvier, Maxo Mezilas, Benjamin Trouille

Faculty Scholarship

The rule of law in Haiti is precarious. The ESCDROJ law school clinic in the town of Jérémie champions indigent individuals whose human rights are under siege during their prolonged and unconstitutional pre-trial connement in prison. To our knowledge, it is the only operating in-house law school clinic in Ha1iti. Despite myriad obstacles, during its initial pre-pandemic period of op- eration in 2018-2019, the inaugural clinic team represented clients in 43 cases brought to trial and succeeded in garnering the release of 25 of those individuals. That is a trial release success rate of over 58%. Subsequently, however, the ad- …

The Road Not Taken: A Critical Juncture In Racial Preferences For Naturalized Citizenship, Ming Hsu Chen

Faculty Scholarship

In the “Free White Person” Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel Jack Chin and Paul Finkelman argue that racist results in naturalization have arisen despite, or maybe because of, the race neutral interpretation. This happened in a manner that could have been predicted by the federal government’s attitudes toward non-White persons in the Naturalization Act of 1790 and the nearly unbroken chain of legal developments. This leads them to think of the law as a “super-statute.” While I agree that this is the path actually taken in history, I view the mid-1960s civil rights era as …

Paucity Of Intellectual Property Rights Information In The Us Biologics System A Decade After Passage Of The Biosimilars Act, Robin Feldman

Faculty Scholarship

No abstract provided.

First Amendment Disequilibrium, Christina Koningisor, Lyrissa Lidsky

Faculty Scholarship

The Supreme Court has constructed key parts of First Amendment law around two underlying assumptions. The first is that the press is a powerful actor capable of obtaining government information and checking government power. The second is that the executive branch is bound by various internal and external constraints that limit its ability to keep information secret. Judges and legislators have long assumed that these twin forces—an emboldened press and a constrained executive—maintain a rough balance between the press’s desire to uncover secrets and the executive’s desire to keep information hidden. Landmark First Amendment cases such as the Pentagon Papers …

Making Social Security Progressive, Manoj Viswanathan

Faculty Scholarship

Social Security is funded by a regressive tax in which wages below the wage cap ($160,200 in 2023) are taxed at a flat rate but wages above the cap are taxed at zero. To address this normative shortcoming and make Social Security progressive, this Piece proposes eliminating the wage cap and using the resulting additional revenue to fund a zero-rate Social Security tax bracket analogous to the standard deduction of the federal income tax. IRS data show that these changes could fund an exemption of at least $10,000, thereby saving low-wage taxpayers approximately $1,200. By altering only the distribution of …

The Intrusive State: Restrictions On Gender-Affirming Healthcare For Minors, Exceptions To The Doctrine Of Parental Consent, And Reliance On Science And Medical Expertise, Lois A. Weithorn

Faculty Scholarship

The provision of gender-affirming medical care to transgender or gender diverse (“TGD”) youth is currently the subject of substantial controversy despite an overwhelming consensus in the healthcare community as to the safety and potential benefits of recommended treatments. Much of the debate is fueled by misinformation and inaccurate characterization of research and practice. Against this backdrop, twenty-three states enacted restrictions or complete prohibitions on access to gender-affirming medical care for adolescents between 2021 and the time of this writing in early 2024. The policies typically place healthcare practitioners who provide such services at risk of license revocation. Some statutes create …

Through A Glass Darkly: Tplf Viewed Through A Procedural Lens, Richard L. Marcus

Faculty Scholarship

Legal responses to litigation funding could take many forms—consumer protection, regulation of interest rates and fees, perhaps even prohibition (as under the old doctrines of champerty and maintenance). In the U.S., procedural responses, often emphasizing disclosure of funding, have featured prominently. From the perspective of one directly involved in the U.S. rulemaking effort, this Article explores the challenges of designing such a rule. Among other things, it notes that litigation funding actually could support important law-implementation features of American litigation. But a host of uncertainties mean that for the present, the future of mandated disclosure of funding remains unclear, as …

“Legally Magic” Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Kate Weisburd, Roseanna Sommers

Faculty Scholarship

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do courts. …

Mass Surveillance As Racialized Control, Prithika Balakrishnan

Faculty Scholarship

This Article examines how the expanded use of pretrial GPS surveillance is radically changing the presumption of innocence by implicating punitive measures absent constitutional protections and amplifying the racial disparities in our criminal justice system. Largely viewed as a substitution for physical detention and therefore a less onerous intrusion on a defendant’s liberty, pretrial GPS surveillance erodes fundamental liberties under the guise of criminal justice regulation. These highly racialized but invisible repercussions include harms to physical and psychological health, freedom of movement, privacy, and future economic self-determination. I argue that, in light of these substantial harms, courts must examine how …

Race And Regulatory Equity, Ming Hsu Chen

Faculty Scholarship

This article contemplates the proper role of regulatory agencies in implementing equity orders. More specifically, what is their role with regard to higher education admissions, in the post-SFFA v. Harvard landscape of racial equity?

Disability, Race, And Health Beyond The Carceral State, Benjamin Barsky, Craig Konnoth, Michael A. Stein

Faculty Scholarship

No abstract provided.

Internet Drug Prohibition And The Opioid Overdose Crisis, Benjamin Barsky

Faculty Scholarship

The Ryan Haight Online Pharmacy Consumer Protection Act (Ryan Haight Act) prohibits controlled substance tele-prescribing when it occurs without a preliminary in-person medical evaluation. This Article details the Ryan Haight Act’s consequences for the practice of telemedicine in general and opioid addiction treatment in particular. In doing so, it builds on literature exploring the tension between the federal criminal regulation of controlled substance prescribing and the management of large-scale public health crises, particularly the opioid overdose crisis.

By restricting the tele-prescription of certain controlled substances used for opioid addiction treatment, the Ryan Haight Act limits access to care for a …

Reproducing Inequality: Racial Capitalism And The Cost Of Public Education, Thalia Gonzalez, Paige Joki

Faculty Scholarship

American democracy is marked by an unwavering deployment of racialized economic modalities of fines, fees, and debt aimed at scaffolding hierarchies of white power and prescribing Black people as commodities, not human beings. Over the last two decades, an expanding praxis in the economic justice field has emerged, opposing and disrupting racialized economic logics within a national anti-fine, fee and cost movement. From scholarly discourse to legal interventions and reforms at city- and county-levels, the movement has sought to target interlocking material and ideological forces that comprise racial capitalist geographies across many criminal and civil systems. Despite this significant work, …

Education Equity And Brown: Reform, Retrenchment, And Exclusionary School Discipline, Thalia Gonzalez, Will Martel

Faculty Scholarship

Public schools have served as sites of social, political, and legal contestation since their inception in the United States. And, while the pathways of racialized inequalities have arguably waxed and waned, threats of exclusion and segregation—constituted and governed by anti-Blackness—have cast a long shadow on the promise of educational equity. In response to the central provocation of the 2024 Georgetown Journal of Law & Modern Critical Race Perspectives symposium—revisiting Brown v. Board of Education and the struggle for racial equity in education—this Essay seeks to (re)connect the past and present. More directly, through the Critical Race Theory reform and retrenchment …

Psychic Income & Democratized Investing, Abraham J.B. Cable

Faculty Scholarship

No abstract provided.