Law Commons^™

Analysis Of Policies And Incentives For The Successful Implementation Of Hydrogen-Fueled Medium-Duty And Heavy-Duty Vehicles In Humboldt County, California, Alka Verma

Cal Poly Humboldt theses and projects

The 21st century has seen a significant rise in global greenhouse gas (GHG) emissions, with the transportation sector contributing 23% of these emissions. Medium-duty and heavy-duty vehicles (MD/HD) are particularly impactful, accounting for over a quarter of transport-related emissions. In Humboldt County, California, transportation represents 53% of total emissions, with MD/HD vehicles being a major contributor. As light-duty vehicles shift to zero-emission alternatives, the MD/HD sector faces unique challenges. Hydrogen fuel cell vehicles offer a promising solution, providing longer range, higher energy density, and quicker refueling compared to battery electric vehicles (BEVs). These features make hydrogen an attractive option for …

Foreword, Jedediah Britton-Purdy, Justin Deystone

Publications

No abstract provided.

Law As A Form Of Life: On Capitalism And Critical Theory, Justin Deystone

Publications

No abstract provided.

The Borderline Constitution, Pratheepan Gulasekaram

Publications

This Feature identifies and theorizes a distinct constitutional regime that federal courts have constructed at, adjacent to, and because of the nation’s border. Drawing together strands of First, Fourth, Fifth, and Fourteenth Amendment law, along with habeas doctrine, constitutional torts, tribal sovereignty, and separation-of-powers concerns, this Feature demonstrates how constitutional guarantees systematically recede in the border’s shadow. These deviations from canonical and mainstream constitutional norms authorize intrusive state invasions of privacy and other fundamental rights, abdicate judicial oversight in favor of outsized executive discretion, and entrench racial and religious subordination.

The Feature further demonstrates that the effects of border exceptionalism …

The Law Of Health Equity, Govind Persad

Publications

Since 2025, health equity has faced increasing hostility from federal courts, agencies, and the executive branch. Yet health equity’s promise—to narrow stark health gaps along racial, economic, and other lines—remains urgent and widely endorsed by states, localities, and nongovernmental actors. Evaluating how health equity efforts might falter under or surmount these challenges requires understanding their legal underpinnings: the law of health equity.

This Article is the first in legal scholarship to comprehensively examine federal, state, and private sector health equity commitments. It reveals sustained societal recognition of health equity’s importance, while highlighting the need for more precise and actionable definitions. …

The Public Franchise Tradition As A Limit On Patent Takings, Laura E. Dolbow

Publications

A longstanding debate exists over whether patents are forms of “private property” that the Takings Clause protects. Recently, in a different context, the Supreme Court stated that a patent is a specific form of property: a public franchise. Several scholars have argued that the public franchise characterization means patents are not protected by the Takings Clause at all. This Article identifies another potential implication of the public franchise framing. It argues that even if patents are viewed as protected by the Takings Clause, the public franchise framing suggests that the scope of that protection should be quite narrow.

To explore …

The Spac Clock, Andrew A. Schwartz

Publications

Special purpose acquisition companies (SPACs) are public companies organized to die. Unlike ordinary corporations, which enjoy perpetual existence by default, SPACs are legally required to consummate a merger within a fixed period--usually two years, never more than three--or else liquidate and return investors' cash.

This Article takes that clock seriously and argues that limited life is foundational to the SPAC form: it disciplines sponsors by preventing indefinite warehousing of capital, reassures investors by guaranteeing liquidity, and makes the form marketable in the first place. A perpetual SPAC would be good for nobody.

At the same time, the SPAC clock distorts …

Climate Last Resorts, Michael Pappas

Publications

The United States faces a climate crisis, an affordable housing crisis, and, linking them both, an insurance crisis. At the intersection of these concurrent predicaments lie a set of little-known but surprisingly impactful policies: state Insurer of Last Resort (ILR) programs. ILRs are state policies that provide property insurance when private insurance is unavailable, such as when private insurers determine that climate hazards are too risky to underwrite.

This Article argues that long-overlooked ILR programs are quickly becoming lynchpins for addressing some of today’s most pressing concerns around climate, housing, and insurance. Accordingly, ILRs bear urgent attention and reevaluation. In …

The Canonical-Legal Status Of Autocephaly And Autonomy In The Context Of Pan-Orthodox Dialogue, Ivan Yovchev

Occasional Papers on Religion in Eastern Europe

Historical procedures for granting autonomy and autocephaly are not strictly standardized in canonical law and often rely on local traditions, agreements, and specific historical-political circumstances. This leads to a diversity of practices – from unilateral tomoses (decrees) of autocephaly issued by the mother church to decisions supported by a broader pan-Orthodox consensus. At the pan-Orthodox level, the question of how new autocephalous and autonomous churches are proclaimed has been under discussion since the Pan-Orthodox preparatory commissions of the 20th–21st centuries. Preparatory documents envisage the need for a pan-Orthodox agreement, with autocephaly to be granted through a tomos signed by the …

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 …

Table Of Contents

Journal of Race, Gender, and Ethnicity

No abstract provided.

Things Humans Do: The Use Of Esds On Autistic Children, Jami L. Anderson

Journal of Race, Gender, and Ethnicity

On March 26, 2024, the Food and Drug Administration (FDA) published a proposed rule (PR) that would ban the use of electrical stimulation devices (ESDs)—shock devices—for treatment of selfinjurious behavior (SIB) and aggressive behavior (AB). This PR was directed at Judge Rotenberg Education Center (JRC), a residential institution in Canton, Massachusetts, that treats children and young adults with profound intellectual and emotional impairments, most of whom are autistic. Medical evidence has well established that ESDs not only fail to treat SIB, but cause the rate and severity of SIB to worsen. This is the FDA’s second attempt to ban ESDs. …

Prisoners And Choice Democracy, Eileen Prescott, Michelle Theer

Journal of Race, Gender, and Ethnicity

This Article considers how eliminating meaningful choices inside prisons harms individuals and obstructs reintegration efforts. While any individual restrictions on incarcerated people may seem minor—such as limitations on the food available in the commissary— they accumulate to a point where people adopt passive, compliant behaviors and attitudes that are adaptive inside yet maladaptive outside the prison walls. Thus, we argue that even modest improvements in prisoner autonomy could reduce recidivism and achieve the public safety goals of incarceration.

From Victim To Defendant: Battered Woman Syndrome In Support Of Duress, Samantha Casimiro

Journal of Race, Gender, and Ethnicity

Section I of this article will discuss the origin and phases of BWS as well as its designation as a subcategory of Post-Traumatic Stress Disorder (hereinafter PTSD) and discuss the prevalence of domestic violence in our society. Section II will layout the elements of a duress defense and analyze the objective reasonableness standard as compared to the subjective reasonableness standard used in other defenses, such as self-defense, explaining that there is a level of subjectiveness that must be considered regardless of the applicable approach. Section III will analyze cases and opinions of the federal circuit courts that support the admission …

From Victim To Villain: How Gendered Narratives Shape Drug Courier Trials, Serafina C. Russo

Journal of Race, Gender, and Ethnicity

This article examines how gendered stereotypes, coercive trafficking dynamics, and permissive evidentiary practices create systemic bias in criminal prosecutions of women, particularly in drug trafficking cases. It highlights how courts often allow expert testimony and generalized narratives that blur neutral analysis with character judgment, inviting jurors to rely on cultural assumptions rather than objective facts. The “blind mule” phenomenon demonstrates the human cost, disproportionately affecting women from marginalized backgrounds, and reflects violations of due process and the presumption of innocence. The article argues for judicial and legislative reforms, including rigorous enforcement and clarification of Rule 704(b), to prevent stereotypes from …

Masthead

Journal of Race, Gender, and Ethnicity

No abstract provided.

Table Of Contents

Journal of Race, Gender, and Ethnicity

No abstract provided.

Foreword, Serafina C. Russo

Journal of Race, Gender, and Ethnicity

No abstract provided.

Body Of Law: When Content Moderation Becomes Gender Oppression And Triggers Legal Consequences, Sarah E. Bahrenburg

Journal of Race, Gender, and Ethnicity

For as long as the Internet has existed, it has been used as a tool for good and as a tool for malice. However, there is a discrepancy between punishment for those maliciously invading individuals’ personal space and those posting consensual images of themselves for art or entertainment purposes (not to mention for work). Over the years, while attempting to create safe spaces for people to express themselves, the Internet has also created barriers to individuals doing just that. The Internet and the laws surrounding exposure therein have become increasingly misogynistic and anti-women’s sexual freedom. The laws encompassing safety on …

Get Out Of Jail Free: The Monopoly Of Big Pharma & Drug Addiction, Melissa E. Morello

Journal of Race, Gender, and Ethnicity

This article analyzes the legal and social parameters of drug addiction and the opioid epidemic, arguing that pharmaceutical companies, lawmakers, and systemic institutions have effectively “gamified” public health, addiction, and their own accountability. It traces the historical trajectory of drug regulation, from early opioid use and racially motivated enforcement policies to the War on Drugs and the emergence of the prescription opioid epidemic fueled by aggressive pharmaceutical marketing. The analysis explores pivotal case law and legislation addressing addiction, highlighting the legal system’s struggle to reconcile criminal accountability with the recognition of addiction as a disease. Throughout this article, there will …

The Impact Anti-Abortion Laws Will Have On Domestic Violence Victims Post-Dobbs Decision, Elissa Schlissel Goldberg

Journal of Race, Gender, and Ethnicity

This paper will focus on the impact a total or near-total abortion law may have on domestic abuse and how male abusers may attempt to seek control by taking advantage of the law. This paper will first address domestic violence, specifically focusing on the different ways domestic violence can manifest and their definitions. Next, the paper will shift focus to abortion and how states have tried to limit a woman’s ability to access abortion. The paper will then move to focus on the connection between domestic violence and abortion, looking into the data from past researchers and the trends that …

Balancing The Scales Between The Evolution Of Affirmative Action Policies And The Equal Protection Clause, Jesicca Patel

Journal of Race, Gender, and Ethnicity

This article argues that the Supreme Court’s ruling ending affirmative action was correct. Affirmative action does not solve the underlying issues of racial inequality and systemic oppression. Instead, affirmative action undermines the success of minorities and inflames racial tensions. This article is divided into Five Parts. The first part examines U.S. Supreme Court precedent addressing the Court’s decisions in upholding affirmative action policies in educational settings before Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The second part discusses Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and why the Supreme Court …

The Human Rights Argumentation Of The Uoc-Mp As A Strategy Of Institutional Self-Preservation Under Conditions Of Armed Aggression, Mariia Rudiuk, Valeriy Bulatov

Occasional Papers on Religion in Eastern Europe

The article examines the strategy of institutional self-preservation employed by the Ukrainian Orthodox Church of the Moscow Patriarchate (UOC-MP) under conditions of Russian armed aggression. The relevance of the topic is determined by the adoption of Law of Ukraine No. 3894-IX “On the Protection of the Constitutional Order in the Sphere of Activities of Religious Organizations,” aimed at limiting the influence of religious structures affiliated with the aggressor state. Particular attention is devoted to the ways in which the UOC-MP utilizes democratic legal mechanisms and European human rights rhetoric in order to delay or neutralize Ukraine’s national security measures. The …

Statistical Analysis Of Evidence In Criminal Cases, Giuliana Leon Carrillo

Graduate Theses, Dissertations, and Problem Reports (ETD)

Ideally, the evaluation of relevant forensic evidence must corroborate the hypotheses that the prosecution and/or the defense holds regarding the commitment of a crime. Therefore, optimal forensic evidence would be the one that can be found all the time under the same circumstances, and cannot be found otherwise, making the forensic scientist able to evaluate this evidence given the hypotheses provided. Nevertheless, this is hard to find, as ideal evidence being only a concept.

In this project, the probabilistic interpretation of relevant forensic evidence investigated in criminal cases with the aid of Wigmore charts and Bayesian networks was proposed. Using …

Unsuccessful? Universal Human Rights And The United Nations: Russian Imperialism In Ukraine And The Post-Udhr International System, Sofiia Novytska

Graduate Theses, Dissertations, and Problem Reports (ETD)

Human universality has always stood as a controversial subject and remains politically contentious today. Following the humanitarian crisis of World War II, the international community was determined to protect the integrity and dignity of people worldwide by developing the United Nations’ Universal Declaration of Human Rights. However, universal human rights were not invented by the Declaration and were already conceptually established in global ancient thought, further evolved into Early Modern scholarship, and later paved the way for modern humanitarian frameworks. The UDHR was not universally well-received, and was criticized for its revolutionary legal character, postcolonial contestation, and practical ambiguity. The …

The Jurisprudence Of Baseball: Private Versus Public Litigation, Ahmed E. Taha

Dickinson Law Review (2017-Present)

Like every sport, baseball operates as a legal system, complete with laws that govern play and a process for resolving disputes that occur during the game. The large majority of these laws are enforced through a type of public litigation: umpires are responsible for detecting infractions and imposing the mandated penalties. However, unlike in every other sport popular in the United States, certain laws are enforced through a type of private litigation: the appeal play. Umpires do not declare those infractions unless the other team appeals to an umpire that the infraction occurred. A substantial body of legal scholarship explores …

From Privacy To Profit: The Evolution Of Name, Image, And Likeness Rights And The Revolution In College Athletics Toward Collegiate Capitalism, Donald M. Remy

Dickinson Law Review (2017-Present)

The story of Name, Image, and Likeness (NIL) rights in American law is one of adaptation, transformation, and ultimately, revolution. What began as a modest recognition of personal dignity in the late 19th century has evolved into a multibillion-dollar framework that has fundamentally altered the landscape of college athletics. The journey from Samuel Warren and Louis Brandeis’s seminal articulation of the “right to be let alone” to the June 2025 approval of the House v. NCAA¹ settlement represents not merely a doctrinal evolution but a profound shift in how American society conceptualizes the relationship between identity, commerce, and fair …

Name, Image, Likeness And The Great American Pastime, Barbara Lauriat

Dickinson Law Review (2017-Present)

The ability of high-profile athletes to commercialize name, image, and likeness (NIL) rights is at the center of many current controversies about the future of college sports in the United States. This Article describes how what we call NIL protection— largely based on publicity rights doctrines developed in the mid-20th century—is historically recent, conceptually unstable, and insufficiently scrutinized, even though it now underwrites major entertainment markets in sports. Just as baseball is a sport particularly identified with the United States, there is also a peculiarly American approach to the protection of persona. Using baseball as the central case study, the …

Losing Your Driver’S License; Just What The Doctor Ordered?, Shawna Traver

Dickinson Law Review (2017-Present)

Having a medical scare or living with a chronic medical condition is a common experience for many people in the United States. But should you go to a doctor in Pennsylvania and tell them of your condition or experience, a little-known law may force the doctor to report you to the Pennsylvania Department of Transportation— without your knowledge. Once the report is received, the Department can recall your license. You can attempt to restore your license by attending a hearing, though you are fighting an uphill battle. Essentially, Pennsylvania drivers may be blindsided by a license recall merely because they …

Beyond Amateurism: The Evolving Role Of Sports Agents In The Nil Era, Madison Taylor

Student Works

No abstract provided.