Digital Commons Network^™

Supply Chain Bargaining And Worker Voice: Reflections On The Bangladesh Accord And The Dindigul Agreement, Marlese Von Broembsen

Comparative Labor Law & Policy Journal

Both private governance and transnational labour law scholars are concerned with the participation of supply chain workers in “enforceable brand agreements.” Much of the private governance literature is concerned with improving workers’ participation in the negotiation and implementation of enforceable brand agreements. Some transnational labour law scholars are concerned with whether transnational labour law should depart from prescripts typical of national labour law — which generally recognises trade unions as the only legitimate representatives of workers — to recognise civil society organisations as bargaining agents. This article analyses the Bangladesh Accord on Fire and Building Safety and the Dindigul Agreement …

Community Resources For Older Adults With Age-Related Disabilities And Chronic Conditions: A Scoping Review, Oejin Shin, Sojung Park, Soobin Park, Sarah Sunghye Kang, Sunghei Han, Eunsun Kwon, Seoyeon Ahn, Borin Kim

Faculty Publications - Social Work

Community resources are essential for supporting older adults with disabilities and chronic conditions, yet how these resources are conceptualized and evaluated across the empirical literature remains unclear. This scoping review synthesizes U.S.-based research on community resources for older adults with age-related disabilities and chronic conditions, guided by the PAGER framework. Following PRISMA-ScR guidelines, we searched MEDLINE, PsycINFO, CINAHL, and Web of Science, ultimately including 21 peer-reviewed studies. Findings reveal four primary resource domains: healthcare-based services, home- and community-based services (HCBS), behavioral health supports, and environmental or structural resources. Accessibility and utilization emerged as the most consistently examined dimensions, while quality …

The Crisis Of Appropriations Law, Samuel R. Bagenstos

Articles

Appropriations law is a unique body of federal law.  Appropriations law imposes its own somewhat baroque set of statutory interpretation principles, approves of very broad delegations to the Executive Branch without meaningful limiting principles, and is often exempt from judicial review.  But perhaps that is all about to change.  Donald Trump’s historically aggressive challenge to Congress’s power of the purse has spurred an unusually large volume of exceptionally high-stakes appropriations law litigation. 

The potential implications go beyond the high-profile issues such as enforcement of the Impoundment Control Act.  In general, the unusual features of appropriations law are built on a …

Corporatism For The Informal Economy: Democratising The Potential Of The Mathadi Tripartite Board Model, Shelley Marshall, Hila Shamir, Babu P. Remesh, Anjali Sharma

Comparative Labor Law & Policy Journal

This article examines the Mathadi Boards in Pune, India, as a pioneering example of corporatist regulation adapted to the informal economy. These tripartite institutions — comprising workers, employers, and the state — negotiate legally binding agreements on wages and working conditions for informal labourers, offering social protections and formalization without relying on traditional employment contracts. Drawing on extensive fieldwork and interviews, the study explores the Boards’ structure, governance, and impact, highlighting their potential as scalable models for informal labour regulation globally. It also identifies challenges related to representation, enforcement, and social exclusion, offering insights into how corporatist frameworks can be …

Lessons Learned From The Last 25 Years Of Anti-Trafficking And Forced Labour Governance: Private Power And Public Policy, Genevieve Lebaron, Janie A. Chuang

Comparative Labor Law & Policy Journal

Twenty-five years after adopting the United Nations Trafficking Protocol, anti-trafficking scrutiny is finally being brought to bear on forced labour in global supply chains. This article identifies and examines key aspects of the contemporary governance regime developed to address this endemic problem: corporate social initiatives and transparency legislation, human rights due diligence laws, strategic litigation, and forced labour import bans. As explored in this article, the interplay between public and private governance these interventions entail has a significant impact on whether workers ultimately benefit from these efforts. More specifically, the rise of corporate power and influence within this regulatory space …

"When I Think Of The Public Library, I Think Of White": Black Families Counter-Narratives Of Library Irrelevance And Community Repair, Amber Matthews

STEMPS Faculty Publications

While public libraries espouse equitable access, few studies examine Black community disengagement. Drawing on Critical Race Theory and the theme "Information in Repair," this paper analyzes semi-structured interviews with seven Black parents of youth aged 13-24 in London, Ontario. Findings reveal that their lack of library engagement stems not from access barriers but from libraries functioning as racialized spaces irrelevant to Black lived experiences in Canada. Where libraries fall short, Black-led organizations perform continuous, invisible reparative labour through culturally responsive programming and trusted information networks. Meaningful repair requires confronting institutional whiteness, redistributing resources to Black-led organizations, and sustaining authentic relationship-building …

Disconsents, Daryl J. Levinson, David E. Pozen

Faculty Scholarship

Consent is an indispensable standard and organizing principle in any liberal legal order that prizes self-directed autonomy, self-identified preferences, and collective agreement. Yet consent’s capacity to advance those values has become increasingly uncertain in a society beset by power imbalances, information asymmetries, and multiple forms of polarization. In this Article, we document how the rise of neoliberalism has led to greater reliance on consent throughout U.S. law, while at the same time leading to greater doubts about its moral efficacy and empirical feasibility. Connecting and generalizing pathologies of consent-based regulation that have been identified within myriad domains, the Article identifies …

Why Constitutional Argument Matters, Philip C. Bobbitt

Faculty Scholarship

The program for this symposium promised that I would be discussing the “descriptive grammar of constitutional law.” To put my purpose less benignly, I should say that I mean to attack the practice of limiting what I will call “modal analysis” to its descriptive virtues. Part of that attack will be the claim that courts and their commentators should pay closer attention to the modal requirements of the fundamental forms of constitutional discourse, but not because straying from this is a kind of grammatical faux pas. After all, if the system I have urged for constitutional analysis — the system …

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 …

Gendered Punishment? How The Corruption Of Female Politicians Affects Public Opinion Of Female Political Leadership, Byung-Deuk Woo, Mi-Son Kim, Tracy Osborn

Political Science Faculty Publications

Does the corruption of a woman politician decrease public support for other women political leaders? To answer this question, this article examines how the impeachment of Park Geun-hye, the first female president of South Korea, affects people’s perceptions of women’s political leadership in South Korea. We argue that in South Korea, the high-level political corruption scandal of the first woman president led to lower evaluations of women’s political leadership because of the intense and gendered media coverage of Park’s failure. Using the two waves of the World Values Survey conducted in South Korea before and after Park Geun-hye’s impeachment in …

Faculty Senate Monthly Packet October 2026, Portland State University Faculty Senate

Faculty Senate Monthly Packets

The October 2026 monthly packet includes the agenda, appendices, and the Faculty Senate minutes and attachments given in the meeting held October 19, 2026.

Faculty Senate Monthly Packet May 2026, Portland State University Faculty Senate

Faculty Senate Monthly Packets

The May 2026 monthly packet includes the agenda, appendices, and the Faculty Senate minutes and attachments given in the meeting held May 4, 2026.

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 …

Incapacitating The Immigration Courts, Jennifer Lee Koh

SMU Law Review

Amidst the dizzying array of developments taking place under the banner of mass deportation, the second Trump Administration is engaged in a sustained effort to fundamentally transform the country’s immigration courts by incapacitating them. Although the immigration courts have long been the subject of extensive criticism, they also seek to function as neutral forums in which the Department of Justice adjudicates the removability of noncitizens and certain types of immigration relief, governed by due process principles. Rendering those courts unable to perform their functions could potentially give rise to a more fundamental deterioration of even the semblance of due process …

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 …

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 …

Front Matter

SMU Law Review

No abstract provided.

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 …

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 …

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 …

The Pharmaceutical Impact Of Some Plant Species On Mantle Cell Lymphoma (Mcl), Marwa Jbara

School of Biomedical Sciences Theses

Mantle cell lymphoma (MCL) is considered clinically aggressive and an incurable subtype of B-cell non-Hodgkin lymphoma (NHL) with poor prognosis and resistance to conventional therapies. This has prompted increasing interest in novel therapeutic approaches, particularly those derived from natural sources with multi-targeted mechanisms of action and low systemic toxicity. In recent years, plant-derived essential oils and their bioactive compounds have emerged as promising therapeutic agents for MCL due to their bioactive properties and low systemic toxicity. Therefore, the purpose of this study was to investigate the growth inhibitory effect of essential oils from basil, tea tree, turmeric and black pepper …

Creating An Abortion Safe Harbor Using The Doctrine Of Double Effect, Evelyn M. Tenenbaum

American University Journal of Gender, Social Policy & the Law

[INTRODUCTION] In the three years since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (Dobbs) holding that women no longer have a constitutional right to an abortion, many family physicians, obstetricians, and gynecologists have refrained from—or delayed—providing abortion services to pregnant women, even when that restraint created a substantial risk of causing serious injury or death. This reluctance to provide care is labeled physician hesitancy, which is defined as physicians acting in their own professional or personal interest to deny or delay care that would otherwise be provided under the prevailing standard of care.

It …

Founding Mothers: The Nineteenth Amendment’S Place In Originalist Due Process Analysis, Tracy Turner

American University Journal of Gender, Social Policy & the Law

[INTRODUCTION] During a public speech in 1856, Sojourner Truth is described as stating: “I have had two husbands yet I never possessed one of my own. I have had five children and never could take any one of them up and say “my child” or “my children . . .” One of Truth’s two husbands was an older enslaved man, forced upon her for the purpose of providing new victims of slavery. The second husband may have been a man she considered to be her real husband but was never allowed to marry. By law, Truth’s children belonged entirely to …

Civil Rights In Theory, Health Disparities In Practice: Affordable Care Act Section 1557 And The Maternal Mortality Crisis, Grace Hall

American University Journal of Gender, Social Policy & the Law

[INTRODUCTION] On a hot Fourth of July in 2021, Harmony Ball-Stribling spent her final day laughing with her husband, hours before preeclampsia killed her. Harmony was eight months pregnant and living in Belzoni, Mississippi, where she celebrated the holiday with her church congregation. Her congregation prayed over her and her baby for a safe delivery, as she was scheduled to have a cesarean section in five days.

Later that evening, Harmony woke in agony, vomited, and complained of chest pain to her husband, Mr. Stribling. Harmony’s husband put his wifein their car and began the more than thirty-mile drive to …

The Ambiguity That Isn’T: Why Same-Sex Marriage Is Legal In American Samoa, Dante Cade Harootunian, Sammi Lawrence

American University Journal of Gender, Social Policy & the Law

After the U.S. Supreme Court ruled in Obergefell v. Hodges that prohibitions on same-sex marriage violate the equal protection guarantees of the U.S. Constitution, several government officials in American Samoa issued statements claiming that the decision had no effect in American Samoa, and, to date, no same-sex couples have

applied for a marriage license in the territory. This Article analyzes the Obergefell decision in light of other federal and territorial court decisions that determined the applicability of constitutional rights to U.S. territories and concludes that, despite the statements of local officials, the Obergefell decision applies in American Samoa, and the …

Framing The War On Terror: Media Narratives And U.S. Foreign Policy After 9/11, Neva Essex

History and Political Science | Senior Theses

The media plays an essential role in developing an informed public and the shaping of information. Foreign policy and the coverage of the U.S. movements abroad drastically changed with the 9/11 terrorist attacks. This paper seeks to examine the ways in which media coverage of presidential rhetoric in regard to the U.S. response to terrorism changed over the course of the George W. Bush and Barack Obama administrations. With the use of qualitative narrative analysis of print news media sources and official statements made from the White House, this paper will identify the patterns and changes which occurred over the …

Mother Mary Goemaere: A California Pioneer, M. Dougherty Professer Emerita

History and Political Science| Faculty Presentations

No abstract provided.

The Evolution Of California Wildfire Governance Through State Bills, Regulations, And Executive Actions, Cassandra Dawn Blevins

History and Political Science | Senior Theses

California faces an escalating wildfire crisis, driven by climate change, drought, and development in fire-prone areas. Despite decades of scientific research on wildfire behavior and risk reduction, catastrophic fires since 2017 raise a critical question: to what extent have California state laws and policies kept up with the intensifying wildfire crisis? Existing scholarship provides extensive insight into wildfire ecology, land-use planning, fuel management, and community resilience, yet it lacks a comprehensive evaluation of whether California’s legislative, regulatory, and executive actions have adapted in a coordinated and evidence-informed manner. In particular, the literature offers limited analysis of how state laws integrate …