Digital Commons Network^™

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.

Empirically Assessing Medical Device Innovation, George Horvath

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 …

Just Look At The Map: Bounding Environmental Review Of Housing Development In California, Eric Biber, Christopher S. Elmendorf, Nicholas Marantz, Moira O’Neill

Faculty Scholarship

California faces a dire housing crisis. California’s land-use regulatory system remains a key driver of this crisis. State law grants local governments broad power to craft their own regulations on how to review and approve housing development. Though state law may limit a locality’s ability to outright deny some types of housing development, local governments can and do use creative ways to stall approvals or functionally deny housing by making it infeasible to develop. One such strategy is to demand more intensive environmental review of new housing projects under the California Environmental Quality Act (CEQA) than what state law requires. …

Dance Of The Biologics, Robin Feldman, Gideon Schor

Faculty Scholarship

From COVID-19 vaccines to cancer treatments, biologic medicines are gaining importance in the U.S. health care system. Their high price tags, however, make these medications difficult for many Americans to afford. The Biosimilars Act, enacted in 2010, aimed to reduce costs and increase access to biologic medications by encouraging follow-on competition. The legislative effort followed in the footsteps of its predecessor, the Hatch-Waxman Act of 1984.

Although the Hatch-Waxman system succeeded in creating a landscape of more affordable and widely used generic drugs, the Biosimilars Act has failed to live up to its promise. Biologic drugs in the United States …

Ai & Antitrust: The Algorithm Made Me Do It, Robin Feldman, Caroline Yuen

Faculty Scholarship

As the dawn of artificial intelligence (“AI”) rises rapidly, competition authorities should contemplate the potential for hazy days ahead. Undoubtedly, AI’s already ubiquitous presence offers exciting possibilities, from enhancing efficiency, to leveling the playing field for non-native speakers,to enabling scientific discovery.Despite these breathtaking advancements, however, recent data from the Pew Research Center reveal that only 15% of adults surveyed were “more excited than concerned about the increasing use of AI in daily life,” with 46% expressing “an equal mix of concern and excitement.”

Policymakers also manifest concerns about AI, exemplified by the extent to which government actors are racing to …

Hierarchies Of Discrimination In Baby Making? A Response To Professor Carroll, Radhika Rao

Faculty Scholarship

No abstract provided.

Toward A Taxonomy Of Freedom Of Movement Claims: Identifying Rights-Based Pathways For Today’S Refugees Beyond The 1951 Refugee Convention, Moria Paz

Faculty Scholarship

This Article discusses the current migratory crisis as one instance of a conceptual mismatch in human rights between formal law and the tools that courts and other quasi-judicial bodies actually utilize in adjudication. While the doctrine centers around individual right-holders, enforcement bodies provide a remedy only when there is a state duty-holder. Human rights scholarship regarding refugees focuses on the right to freedom of movement. However, this right frequently offers little benefit to these individuals adrift at sea or wandering in the desert.

An alternative framing might ultimately be more effective before human rights courts and other quasi-judicial bodies. This …

Standing And Snitches, Emily Strauss

Faculty Scholarship

No abstract provided.

Anxieties About The Future: Ecocriticism And Dystopian Landscapes In The Three Stigmata Of Palmer Eldritch And Selected Fiction By Philip K. Dick, Nickolas Michael Sykora

Cal Poly Humboldt theses and projects

In a literary analysis of selected fiction by Philip K Dick through an ecocritical framework, the focus of this study reveals the consequences of ecological destruction on futuristic societies reflecting the Anthropocene. Drawing correlations between various texts by the author, the separation of nature from humanity demonstrates how dystopian landscapes influence the identity of the characters in these settings and how dystopia serves as a prism which distorts or reflects what it means to be human. With this, ontology and artificial intelligence are analyzed as a notable facet of his literature which addresses the progress of innovation in society and …

How Influential Is Petro-Pedagogy On Federal Educational Guidelines?, Cherrie Amor Chavez

Cal Poly Humboldt theses and projects

Petro-pedagogy highlights the pervasive influence of the fossil fuel industry within educational frameworks. This phenomenon operates subtly, manifesting in educational content's biases, omissions, and prioritizations. Focused on the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA), this research employs Critical Discourse Analysis (CDA) to scrutinize educational directives through a Petro-pedagogical lens. The study aims to unveil the language, power dynamics, and ideological constructs perpetuating fossil-fuel narratives within educational discourse through this lens. The study's significance lies in revealing concealed power structures within environmental and climate change education. The study uses critical discourse analysis to reveal pervasive …

Bridging Cultural Disconnects: Implementing Social And Emotional Learning Through The Use Of Action Research And Community Responsive Pedagogy Through The Art-Making Process, Rajeev Colleen Haymond

Cal Poly Humboldt theses and projects

This thesis project will explore the intentional implementation of social and emotional learning strategies while being grounded in a community responsive pedagogy in an art classroom. The big idea was to be intentional when incorporating social and emotional learning teaching strategies to offer a safe space that will aide in bridging the cultural disconnect that I have observed in the classroom. Through building on the five SEL competencies such as self-awareness, self-management, social awareness, relationship skills and responsible decision-making students were able to build up their sense of pride and self. Through the use of action research, I was able …

Exploring Colorism In Children’S Literature: Sulwe And Black Is Brown Is Tan, Jasmine April Fortunato

Cal Poly Humboldt theses and projects

My analysis of the texts Sulwe by Lupita Nyong'o and Black Is Brown Is Tan by Arnold Adoff works to evaluate the representation of colorism in children’s literature to understand how it is represented and has evolved in its messaging towards a young audience. Using the frameworks of Critical Race Theory, Critical Skin Theory and Color Blindness under a lens of colorism, my research utilizes visual analysis to view how it is physically conveyed and research in the literacy of children in understanding intersectional issues. Utilizing literary analysis, I analyze the ways colorism is discussed and combatted through comparisons, representation, …

Disney Adult Or Disney Cult?: Observing The Effects And Perceptions Of Transmedia Storytelling Onto Fandom, Sara Spradley

Cal Poly Humboldt theses and projects

Transmedia storytelling is the vehicle for narratives to become immersive to their audience through different modalities. The Walt Disney Company employs this form of storytelling by placing any one of its films in the context of attractions and live-action performances, or vice-versa, creating a convergent culture that will follow these products through every medium. This project views transmedia storytelling used by the Walt Disney Company as the reasoning for the Disney Adults' fandom interest in interacting with Disney products. Through the use of discourse analysis, and digital ethnography I will observe this relationship between the use of transmedia storytelling, fandom …

Common Raven Resource Selection, Diet, And Behavior Around A Threatened Shorebird, Janelle Chojnacki

Cal Poly Humboldt theses and projects

Human food subsidies have allowed populations of the common raven (Corvus corax) to expand and increase in density, especially in the western United States, which has amplified predation risk for other native species. Common ravens are well-documented nest predators of the federally threatened Western snowy plover (Anarhynchus nivosus nivosus) in Humboldt County, California; however, little is known about raven movement and foraging behavior in and around snowy plover habitat. Using GPS tracking and behavioral surveys, I examined movement and foraging behavior of beach-going ravens across snowy plover nesting habitat and I explored raven diet through stable isotope …

The Persistent Voice Of The Colonizer: Troubling A Mascot’S Settler-Colonial Past, Linda J. Kuckuk

Cal Poly Humboldt theses and projects

The legacy of settler-colonialism permeates American culture. Remnants of westward expansion remain in our societal divides, political differences, environmental inequities and economic inequalities. Conversations about decolonization, gentrification, and other ongoing practices that precipitate and uphold colonialism are notably found in literature, art, social structures, icons and symbols. Mascots that rely on stereotypes or caricatures can contribute to negative perceptions and reinforce discriminatory attitudes, making it necessary to reevaluate and change representational practices. In this analysis I apply historical, textual, and visual methods to explore Cal Poly Humboldt’s mascot Lucky Logger and identify how this character is a “persistent voice” by …

A Post-Colonial Criticism Of Ernest Callenbach's Ecotopia, Kaitlyn R. O'Dell

Cal Poly Humboldt theses and projects

The representation of Indigenous land-based cosmologies within Ernest Callenbach’s Ecotopia communicates a real perception of our world through the constructed imaginative society within this speculative fiction novel. Ecotopia is an alternative Pacific West Coast society that counters the dominant United States model in its holistic and green approach. This green society relies heavily on Indigenous ideology but lacks actual Indigenous voices or communities within this white idealized society. This research provides an example of the deconstruction of this popular novel to its main problematic components, establishing why the use of Indigenous beliefs and values can cause negative implications to the …

The Impact Of A Structured Exercise Program On The Pre-Established Exercise Goals For Individuals With Disabilities, Emily C. Batini

Cal Poly Humboldt theses and projects

This study aimed to identify the efficacy of a structured exercise program emphasizing family involvement and self-determination theory in meeting pre-established fitness goals for adults with disabilities. To measure physical strength and endurance changes, the 6-minute walk test, the curl-up, and push-up tests were utilized. A single-subject changing-criterion design was used in this study over the course of six weeks. Results indicated a positive relationship between the intervention and increased physical strength and endurance, according to testing results. Few participants met the criterion for each phase. However, many did demonstrate an increase in the distance walked, push-ups, and curl-ups completed …