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Seattle University School of Law

Journal

2020

Articles 1 - 30 of 125

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General Information Dec 2020

General Information

Seattle Journal for Social Justice

No abstract provided.


Sjsj Masthead Dec 2020

Sjsj Masthead

Seattle Journal for Social Justice

No abstract provided.


Table Of Contents Dec 2020

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.


About The Authors Dec 2020

About The Authors

Seattle Journal for Social Justice

No abstract provided.


When The Home Team Calls Their Own Balls And Strikes: The Problem Of Brady Violations, Accountability, And Making The Case For A Washington State Commission On Prosecutorial Conduct, Kate Cohn Dec 2020

When The Home Team Calls Their Own Balls And Strikes: The Problem Of Brady Violations, Accountability, And Making The Case For A Washington State Commission On Prosecutorial Conduct, Kate Cohn

Seattle Journal for Social Justice

No abstract provided.


Life Is A Highway: Addressing Legal Obstacles To Foster Youth Driving, Lucy Johnston-Walsh Dec 2020

Life Is A Highway: Addressing Legal Obstacles To Foster Youth Driving, Lucy Johnston-Walsh

Seattle Journal for Social Justice

No abstract provided.


The Icc Judgement In Al Mahdi: Heritage Communities And Restorative Justice In The International Criminal Protection Of Cultural Heritage, Simona Pinton Dec 2020

The Icc Judgement In Al Mahdi: Heritage Communities And Restorative Justice In The International Criminal Protection Of Cultural Heritage, Simona Pinton

Seattle Journal for Social Justice

No abstract provided.


Artist Statement Dec 2020

Artist Statement

Seattle Journal for Social Justice

No abstract provided.


Mission Statement Dec 2020

Mission Statement

Seattle Journal for Social Justice

No abstract provided.


Toward A More Democratic America, Thomas Kleven Dec 2020

Toward A More Democratic America, Thomas Kleven

Seattle Journal for Social Justice

No abstract provided.


How Supreme Court Precedent Sheds Light On Corporate Bill Of Attainder Claims, Alina Veneziano Dec 2020

How Supreme Court Precedent Sheds Light On Corporate Bill Of Attainder Claims, Alina Veneziano

Seattle Journal for Social Justice

No abstract provided.


Utilizing Tort Law To Deter Misconduct In The Public Sector, Boaz Segal Dec 2020

Utilizing Tort Law To Deter Misconduct In The Public Sector, Boaz Segal

Seattle Journal for Social Justice

No abstract provided.


Ordered Into Oblivion: How Courts Have Rendered The Georgia Whistleblower Act Useless, And How To Fix It, Micah Barry Dec 2020

Ordered Into Oblivion: How Courts Have Rendered The Georgia Whistleblower Act Useless, And How To Fix It, Micah Barry

Seattle Journal for Social Justice

No abstract provided.


Terry, Traffic Stops, And Tragedy: Conflicts And Concerns In The Wake Of Kansas V. Glover, Hunter J. Rodgers Dec 2020

Terry, Traffic Stops, And Tragedy: Conflicts And Concerns In The Wake Of Kansas V. Glover, Hunter J. Rodgers

Seattle Journal for Social Justice

No abstract provided.


Facial Recognition In Law Enforcement, Cameron Martin Dec 2020

Facial Recognition In Law Enforcement, Cameron Martin

Seattle Journal for Social Justice

No abstract provided.


Questioning The Sacrosanct: How To Reduce Discrimination And Inefficiency In Veterans Preference Law, Craig Westergard Dec 2020

Questioning The Sacrosanct: How To Reduce Discrimination And Inefficiency In Veterans Preference Law, Craig Westergard

Seattle Journal for Social Justice

No abstract provided.


Effectuating An Impartial Jury Of One’S Peers: Why Washington Has More Work To Do To Achieve Peremptory Challenge Reform, Rachel Simon Dec 2020

Effectuating An Impartial Jury Of One’S Peers: Why Washington Has More Work To Do To Achieve Peremptory Challenge Reform, Rachel Simon

Seattle Journal for Social Justice

No abstract provided.


Law School Exams During A Pandemic: One Law School’S Experience, Beth Parker Dec 2020

Law School Exams During A Pandemic: One Law School’S Experience, Beth Parker

Seattle Journal of Technology, Environmental, & Innovation Law

In 2020, toward the end of the spring semester, the COVID-19 pandemic disrupted life across the globe. Institutions, including law schools, felt the widespread effects of this public health crisis. Law schools were forced to move entire curriculums online in record time and consider how they were going to administer final exams. There is no precedent or manual for how to do this successfully. Law school exams are inherently stressful events in a law student’s career because their performance on the exam inordinately influences their grades and class rankings. Typically, law students are already on edge during final exams without …


Tragedy Of The Energy Commons: How Government Regulation Can Help Mitigate The Environmental And Public Health Consequences Of Cryptocurrency Mining, Jeff Thomson Dec 2020

Tragedy Of The Energy Commons: How Government Regulation Can Help Mitigate The Environmental And Public Health Consequences Of Cryptocurrency Mining, Jeff Thomson

Seattle Journal of Technology, Environmental, & Innovation Law

The use of cryptocurrencies in daily life has continued to rise over the last decade and shows no signs of slowing down. Although cryptocurrencies, such as Bitcoin, provide numerous tangible benefits to society, the process of mining these cryptocurrencies is extremely energy intensive. Accordingly, a tragedy of the energy commons has resulted whereby the monetary incentive to mine cryptocurrencies has distorted our collective ability to care for our shared energy resources. The current system allows for industrious individuals to set up cryptocurrency mines in regions that have access to plentiful and cheap energy sources, utilize this energy to power their …


Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith Dec 2020

Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith

Seattle Journal of Technology, Environmental, & Innovation Law

International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …


Red Scare Or Red Herring: How The “China Initiative” Strategy For Non-Traditional Collectors Is Stifling Innovation In The United States, Bianca Tillman Dec 2020

Red Scare Or Red Herring: How The “China Initiative” Strategy For Non-Traditional Collectors Is Stifling Innovation In The United States, Bianca Tillman

Seattle Journal of Technology, Environmental, & Innovation Law

In 2018, the U.S. Department of Justice launched the “China Initiative” in response to the growing economic and national security threat posed by China. The China Initiative is a sweeping federal plan designed, in part, to protect the United States’ status as a leader in global innovation and scientific discourse. The U.S. is justified in its concern over China’s unfair practices to achieve military, technological, and economic prominence. While U.S. and Chinese intelligence agencies have spied on each other for decades, China has increased both the scope and the sophistication of its efforts to steal secrets from the U.S. in …


The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk Dec 2020

The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk

Seattle Journal of Technology, Environmental, & Innovation Law

In the next decade, the construction industry faces two intertwined risks: implementation of new technologies and the impacts of climate change. Those overlapping risks will present both practical and legal issues for design professionals, developers, builders, legislators, and the public at large. Although the average participant in the construction industry may not think twice about the emergence or adoption of new technologies, or the effect of climate change on the completed project, those issues present nuanced legal implications. Construction projects and their contracts must adapt. While companies seek to implement new technologies, provide sustainable products, optimize project systems, and maximize …


The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton Dec 2020

The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton

Seattle Journal of Technology, Environmental, & Innovation Law

As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual …


“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox Dec 2020

“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox

American Indian Law Journal

No abstract provided.


Another Inappropriate F Word: Fiduciary Doctrine And The Crown-Indigenous Relationship In Canada, Bryan Birtles Dec 2020

Another Inappropriate F Word: Fiduciary Doctrine And The Crown-Indigenous Relationship In Canada, Bryan Birtles

American Indian Law Journal

No abstract provided.


Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan Dec 2020

Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan

American Indian Law Journal

No abstract provided.


The Indian Child Welfare Act’S Application To Civil Commitments Of Indian Children In State Court Proceeding, Courtney Lewis Dec 2020

The Indian Child Welfare Act’S Application To Civil Commitments Of Indian Children In State Court Proceeding, Courtney Lewis

American Indian Law Journal

Currently there is no clear guidance on the Indian Child Welfare Act’s (ICWA) application in the context of a civil commitment proceeding, which generally occurs at the state level. This Article argues that ICWA applies to any state court proceeding for civil commitment of an Indian child if the Indian parent cannot have their child returned upon demand. The plain language of ICWA provides for this reasonable interpretation. ICWA enacts rights for Indian children, their parents, and their tribes when a party seeks the removal of the Indian child for placement in an institution. Without adherence to these rights, an …


Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel Dec 2020

Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel

American Indian Law Journal

No abstract provided.


Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta Dec 2020

Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta

American Indian Law Journal

Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). It is also used religiously by various Indian tribes throughout the country of Mexico. Although peyote is classified as a controlled substance under federal and state laws, U.S. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. In U.S. v. Boyll, the federal district court interpreted the …


Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre Dec 2020

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental, & Innovation Law

The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging to …