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Articles 1 - 30 of 30
Full-Text Articles in Law
Report And Recommendations To Address Race In Washington’S Juvenile Legal System: 2021 Report To The Washington Supreme Court, Task Force 2.0: Race And The Criminal Justice System
Report And Recommendations To Address Race In Washington’S Juvenile Legal System: 2021 Report To The Washington Supreme Court, Task Force 2.0: Race And The Criminal Justice System
Fred T. Korematsu Center for Law and Equality
Report and Recommendations to Address Race in Washington’s Juvenile Legal System: 2021 Report to the Washington Supreme Court
The Right To Counsel In Illinois: Evaluation Of Adult Criminal Trial-Level Indigent Defense Services, Sixth Amendment Center, The Defender Initiative
The Right To Counsel In Illinois: Evaluation Of Adult Criminal Trial-Level Indigent Defense Services, Sixth Amendment Center, The Defender Initiative
Fred T. Korematsu Center for Law and Equality
The Right to Counsel in Illinois: Evaluation of Adult Criminal Trial-Level Indigent Defense Services
Rebalancing Bracker Forty Years Later, William Mcclure, Thomas E. Mcclure
Rebalancing Bracker Forty Years Later, William Mcclure, Thomas E. Mcclure
American Indian Law Journal
This Article examines forty years of federal and state courts’ application of the Bracker balancing test, which considers whether a state tax is preempted when assessed against a non-Indian on tribal land. First, this Article chronicles the history and progression of the Bracker balancing test in the Supreme Court. Second, this Article cross-tabulates judicial findings of no preemption with key characteristics of all lower court state taxation decisions that cite Bracker. Third, this Article reports the results of regression analyses that reveal lower courts were less likely to find preemption of cigarette taxes, more likely to find state fuel …
Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country, Mary T. Hannon
Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country, Mary T. Hannon
American Indian Law Journal
Violence against indigenous women in the United States is unprecedented. This violence is aggravated by the fact that indigenous women are often unable to obtain justice for the crimes against them due to a complex jurisdictional scheme that ignores the inherent authority of the First Nations. This scheme is the product of centuries of white bias – perpetuated by contemporary legislators and the judiciary – that treats the First Nations and tribal courts as inferior. In the context of Congress’s recent attempt to expand protection for indigenous women in the Violence Against Women Reauthorization Act of 2019, this Note will …
Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements, Christopher M. Macneill
Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements, Christopher M. Macneill
American Indian Law Journal
This article after a brief introduction which describes the Inuit of Canada and their administrative segmentation by the territorial and provincial boundaries of the Yukon Territory, Northwest Territory, Nunavut Territory, Province of Quebec and the Province of Labrador. While arguably the Inuit are also considered to have traditionally used the northern regions of other provinces this study will focus on the present governance organizational framework assigned via Inuit Land Claims with Canada. The formation of Canada in 1867 and the subsequent partitioning of the Yukon and Nunavut from the Northwest Territory, and the addition of the Northern Quebec (Ungava Bay …
Unqualified? Investing In Qualified Opportunity Zones On Reservations, Ben Gibson
Unqualified? Investing In Qualified Opportunity Zones On Reservations, Ben Gibson
American Indian Law Journal
This paper evaluates the impact of qualified opportunity zones, created by the Tax Cuts and Jobs Act of 2017, on Indian reservations. The former Chairman of the Council of Economic Advisers hailed the qualified opportunity zone program as the part of the TCJA of which he was most proud. But the program has not benefited all intended beneficiaries equally. The author of this paper collects data about the presence of qualified opportunity zones on Indian reservations. Compared to other areas designated as qualified opportunity zones, Indian Reservations were disproportionately underinvested in. The author evaluates the comparative lack of qualified opportunity …
Native Nations' Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned, David E. Missirian
Native Nations' Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned, David E. Missirian
American Indian Law Journal
No abstract provided.
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi
American Indian Law Journal
No abstract provided.
Case Law On American Indians, Thomas P. Schlosser
Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker
Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker
Seattle University Law Review
One only has to turn on the television or read the newspaper to see news story after news story reporting instances of women facing harassment, discrimination, or assault while at work. The “Me Too” and “Time’s Up” campaigns have brought many of these issues to the forefront and have shown that women are fighting to be respected and demanding equal treatment. Although this fight for equal protection is ongoing, many women, such as those in lower-paying service industries, are still unable to protect themselves from sexual harassment, discrimination, and assault, as they do not have the support or power to …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.
Corporate Entanglement With Religion And The Suppression Of Expression, Ronald J. Colombo
Corporate Entanglement With Religion And The Suppression Of Expression, Ronald J. Colombo
Seattle University Law Review
The power and ability of corporations to assert their First Amendment rights to the detriment of others remains both a controversial and unresolved issue. Adverting to relevant strands of existing jurisprudence and certain constitutionally relevant factors, this Article suggests a solution. The path turns upon the recognition that whereas some corporations are appropriately categorized as rights-bearing entities (akin to associations), others are more appropriately categorized as “entities against which the rights of individuals can be asserted.” Legislation, in the form of the draft “CENSOR” Act, is provided as a means by which to implement this categorization. What hopefully emerges is …
No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin
No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin
Seattle University Law Review
In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over …
Marissa Jackson Sow’S “Whiteness As Contract”, Marissa Jackson Sow
Marissa Jackson Sow’S “Whiteness As Contract”, Marissa Jackson Sow
Seattle University Law Review
Marissa Jackson Sow’s “Whiteness as Contract.”
Closing Remarks, Dontay Proctor-Mills
Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky
Rock And Hard Place Arguments, Jareb Gleckel, Grace Brosofsky
Seattle University Law Review
This Article explores what we coin “rock and hard place” (RHP) arguments in the law, and it aims to motivate mission-driven plaintiffs to seek out such arguments in their cases. The RHP argument structure helps plaintiffs win cases even when the court views that outcome as unfavorable.
We begin by dissecting RHP dilemmas that have long existed in the American legal system. As Part I reveals, prosecutors and law enforcement officials have often taken advantage of RHP dilemmas and used them as a tool to persuade criminal defendants to forfeit their constitutional rights, confess, or give up the chance to …
Why Do The Poor Not Have A Constitutional Right To File Civil Claims In Court Under Their First Amendment Right To Petition The Government For A Redress Of Grievances?, Henry Rose
Seattle University Law Review
Since 1963, the United States Supreme Court has recognized a constitutional right for American groups, organizations, and persons to pursue civil litigation under the First Amendment right to petition the government for redress of grievances. However, in three cases involving poor plaintiffs decided by the Supreme Court in the early 1970s—Boddie v. Connecticut,2 United States v. Kras,3 and Ortwein v. Schwab4—the Supreme Court rejected arguments that all persons have a constitutional right to access courts to pursue their civil legal claims.5 In the latter two cases, Kras and Ortwein, the Supreme Court concluded that poor persons were properly barred from …
The Confusion Of Mcdonnell Douglas: A Path Forward For Reverse Discrimination Claims, Christian Joshua Myers
The Confusion Of Mcdonnell Douglas: A Path Forward For Reverse Discrimination Claims, Christian Joshua Myers
Seattle University Law Review
It is no secret that Title VII of the Civil Rights Act of 1964 is one of the most significant pieces of legislation ever passed by the United States Congress. Fiercely debated and enacted during the Civil Rights Movement of the 1960s, Title VII prohibits employers from engaging in various forms of discrimination within the workplace. For instance, employers may not unlawfully consider race, color, religion, sex, or national origin in employment decisions. Given Bostock v. Clayton County’s recent extension of Title VII’s protections to lesbian, gay, bisexual, transgender, and queer workers, this Article posits that evaluating Caucasian workers’ “reverse …
Systemic Racism And Immigration Detention, Carrie L. Rosenbaum
Systemic Racism And Immigration Detention, Carrie L. Rosenbaum
Seattle University Law Review
The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …
Foreword, Seattle University Law Review
Introductory Remarks, Michael Rogers, Hannah Hamley, Rayshaun D. Williams
Introductory Remarks, Michael Rogers, Hannah Hamley, Rayshaun D. Williams
Seattle University Law Review
Introductory Remarks.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents.
Shareholder Meetings And Freedom Rides: The Story Of Peck V. Greyhound, Harwell Wells
Shareholder Meetings And Freedom Rides: The Story Of Peck V. Greyhound, Harwell Wells
Seattle University Law Review
In 1947, civil rights pioneers James Peck and Bayard Rustin, members of the radical religious group, the Fellowship of Reconciliation, and its offshoot, the Congress of Racial Equality (CORE), prepared to embark on the Journey of Reconciliation, an interracial protest against segregated busing in the American South. But first, they did something else radical: they bought shares in a corporation. A year later, after their travels in the South had led to terror, death threats, beatings, and in Rustin’s case, a term on a chain gang, they brought their civil rights activism to a new site of protest—the shareholder meeting …
The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson
The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson
Seattle University Law Review
The Deans' Roundtable.
Property Owners Look Out: The Train Is Coming, Natalie Crane
Property Owners Look Out: The Train Is Coming, Natalie Crane
Seattle University Law Review
Over 4 million people currently live in the Puget Sound area in Washington state, and about 6 million people are expected to reside in the area by 2050. Additionally, Seattle renters faced a 71.2% increase in rent prices from 2010 to 2019. This data supports the need for much of the congested Seattle population to move outward and commute into the city for work. The implementation of a 116-mile system and other efforts to increase public transportation makes this need achievable and affordable.
This Comment focuses on the issue of just compensation in eminent domain; specifically, unique questions of compensation …
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
Duress In Immigration Law, Elizabeth A. Keyes
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …
Race And Washington's Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0: Race And The Criminal Justice System
Race And Washington's Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0: Race And The Criminal Justice System
Fred T. Korematsu Center for Law and Equality
No abstract provided.