Law Commons^™

No-Injury And Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers, Philip S. Goldberg, Andrew J. Trask

University of Massachusetts Law Review

Class counsel are more frequently filing product-based class actions that, whether successful or not, offer few practical benefits to real consumers or class members. These no-benefit class actions cause the unnecessary expense of the courts’ time and resources, and they often fail to provide actual value to class members while still producing substantial attorneys’ fees. This article explores why strategic vagueness in plaintiffs’ filings and a lack of vigorous analysis by the courts have allowed no-benefit class actions to unnecessarily consume court resources. The article concludes by offering suggestions for how courts can alleviate some of this pressure, primarily by …

Empower The Imposters In The Legal Field: Teaching & Practicing Mindfulness For Letting Go Of Unproductive Thoughts, Katerina Lewinbuk, Kurstin Grady

Northern Illinois University Law Review

Imposter syndrome, initially coined “imposter phenomenon” by psychologists Pauline Clance and Suzanne Imes, refers to “a psychological experience of intellectual and professional fraudulence.” Those who suffer from imposter syndrome typically experience an all-encompassing fear they are not as intelligent, successful, or accomplished as their qualifications suggest, and thus are bound to ultimately be exposed as “frauds.” To counter these feelings, those who struggle with imposter syndrome set unrealistically high goals for themselves, only to be dissatisfied with any performance that is short of perfection. Over time, this ongoing psychological pressure leads to poor emotional well-being, decreased senses of self-confidence and …

Anti-Lgbt Legislation In Florida: A Prime Example Of States Mentally Harming Lgbt Youth, Kyla Tinsley

Northern Illinois University Law Review

While there has been a growing societal acceptance of LGBT individuals throughout the decades, anti-LGBT bills and laws within the states are on the rise—in particular, bills against LGBT youth. The most famous anti-LGBT law currently in place is Florida’s “Parental Rights in Education” law. The prevalence and inconsistent application of such legislation raises constitutional questions surrounding the rights of LGBT youth, as well as the negative effects the legislation has had on LGBT youth’s mental health and their perception of the legal system they are supposed to trust in and rely on. This Article discusses the impact state anti-LGBT …

Generations Of Abuse: Exploring The Sexual Assault Epidemic On Native Land, Carly White

Lincoln Memorial University Law Review Archive

The United States government has a long history of extending its reach into the affairs of Native people. Yet, it has consistently failed to protect Native women from rampant violence and abuse. Native American women have the highest rates of sexual abuse in the country. The federal government has the decision to either mend its long-standing indifference toward Indigenous women or allow them to continue to suffer under the current system. This note explores the sexual assault crisis on Indian land and seeks to bring positive change to historically marginalized women. Specifically, this note highlights the need for Congress to …

Authentication Of Cybernetic Avatars And Legal System Challenges; With A View To The Trial Concept Of New Dimensional Domain Jurisprudence (Ai, Robot, And Avatar Law), Fumio Shimpo

Japanese Society and Culture

This article aims to illustrate the basis for the development of authentication, which will be the foundation of future cybernetic-avatar (CA) infrastructures, enabling the safe and secure use of CA’s. This will be realised by the authentication of CA operators (User Authentication Technology), identification and authentication of CA’s (CA Authentication), and ensuring connectivity and existence between operators (User Entities) and the CA’s themselves (CA Notarisation). An ELSI (Ethical, Legal, Social Implications) research platform will be established, to develop a new dimension of the legal field, that is, AI, Robot, and Avatar Law to solve the social issues and realise an …

Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan

Marquette Law Review

This Article makes a significant contribution to scholarship on asylum

law by identifying and calling for the abolition of a deadly (but unexplored)

development in asylum law: per se reporting requirements. In jurisdictions

where they apply, per se reporting requirements automatically bar protection

to asylum seekers solely because they did not report their non-state persecutors

(such as cartels or domestic abusers) to the authorities before fleeing, even

where reporting would have been futile or dangerous. These requirements

similarly provide no exception where law enforcement openly support an

applicant’s persecutor.

This Article demonstrates that even though per se reporting requirements

have …

Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James

The Journal of Purdue Undergraduate Research

No abstract provided.

The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted

University of Massachusetts Law Review

Recent studies show the rate of sexual abuse endured in prisons has been steadily increasing. To remedy this issue, the Prison Rape Elimination Act was passed in 2003, however it has had no legitimate impact on the rate of sexual abuse in prisons due to the absence of mandatory rules upon prisons and a private right of action. This note will argue that prison rape is an Eighth Amendment violation but is not punished as one and that the Prison Rape Elimination Act failed to provide Survivors of prison sexual abuse with any legitimate recourse against violators of the law. …

Memories Of An Affirmative Action Activist, Margaret E. Montoya

Seattle University Law Review

Some twenty-five years ago, the Society of American Law Teachers (SALT) led a march supporting Affirmative Action in legal education to counter the spate of litigation and other legal prohibitions that exploded during the 1990s, seeking to limit or abolish race-based measures. The march began at the San Francisco Hilton Hotel, where the Association of American Law Schools (AALS) was having its annual meeting, and proceeded to Union Square. We, the organizers of the march, did not expect the march to become an iconic event; one that would be remembered as a harbinger of a new era of activism by …

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

How To Interpret The Securities Laws?, Zachary J. Gubler

Seattle University Law Review

In discussions of the federal securities laws, the SEC usually gets most of the attention. This makes some sense. After all, it is the agency charged with administrating the securities laws and regulating the industry as a whole. It makes the majority of the laws; it engages in enforcement actions; it reacts to crises; and it, or sometimes even its individual commissioners, intervene publicly in policy debates. Often overlooked in such discussion, however, is the role of the Supreme Court in shaping securities law, and a new book by Adam Pritchard and Robert Thompson demonstrates why this is an oversight. …

Striking A Balance: Why Federal And State Laws Should Be Revised To Effectively Deter Puppy Mills, Kaitlyn Cameron

Animal Law Review

The Animal Welfare Act (AWA) was passed in 1966 with the purpose of ensuring the humane care and treatment of animals. The AWA delegates licensing responsibilities to the United States Department of Agriculture (USDA) and the Animal Plant and Health Inspection Services (APHIS), who have the authority to investigate violations of the AWA and penalize relevant organizations, such as puppy mills, when necessary. Unfortunately, the AWA sets forth minimum standards for the humane care and treatment of these animals and the USDA has exercised its own discretion in penalizing violations of the AWA. The AWA establishes standards for compliance, but …

Time To Free The 'Evidence': Animal Cruelty Prosecutions, Pre-Conviction Forfeiture, And Brady Violations, Gary J. Patronek

Animal Law Review

This Article presents empirical research to investigate the traditional practice of holding seized animal victims of maltreatment in protective custody until their disposition is resolved pursuant to a criminal proceeding. This is of particular concern because protective custody usually entails confinement in an animal shelter or similar institutional setting. Extended confinement under these circumstances is undesirable–especially when dealing with large numbers of animals–because such confinement causes stress that may inadvertently result in secondary victimization of the animals. Furthermore, institutional confinement poses substantial logistical challenges and imposes substantial economic costs for those tasked with caring for the animals. The impetus for …

After Affirmative Action, Meera E. Deo

Seattle University Law Review

This is a time of crisis in legal education. In truth, we are in the midst of several crises. We are emerging from the COVID pandemic, a period of unprecedented upheaval where law students and law faculty alike struggled through physical challenges, mental health burdens, and decreased academic and professional success. The past few years also have seen a precipitous drop in applications to and enrollment in legal education. Simultaneously, students have been burdened with the skyrocketing costs of attending law school, taking on unmanageable levels of debt. And with the Supreme Court decision in SFFA v. Harvard, we are …

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

Religious Freedom And Diversity Missions: Insights From Jesuit Law Deans, Anthony E. Varona, Michèle Alexandre, Michael J. Kaufman, Madeleine M. Landrieu

Seattle University Law Review

This Article is a transcript of a panel moderated by Anthony E. Varona, Dean of Seattle University School of Law. During the panel, Jesuit and religious law school deans discussed what law schools with religious missions have to add to the conversation around SFFA and the continuing role of affirmative action in higher education.

Front Matter

Animal Law Review

No abstract provided.

A Critical Assessment Of Bill S-203, Ending The Captivity Of Whales And Dolphins Act: Challenging The Exclusivity Of Anthropocentrism And Science-Based Justifications, Rachel De Graaf

Animal Law Review

Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) became Canadian law in 2019, banning the captivity of cetaceans. This Article critically examines Bill S-203, arguing that it is underpinned by anthropocentric and science-based justifications that will work as exclusionary forces against many animals in need of legal protection. Instead, the Article advocates for an empathetic and multi-jural approach that accounts for human-animal interconnectedness and the unique cultures of animals. This argument is theoretically rooted in vegan ecofeminism’s empathic and non-binaristic perspective. As such, this Article scrutinizes the reasoning behind …

Exploited: The Unexpected Victims Of Animal Agriculture, Caitlin Kelly

Animal Law Review

Awareness of how nonhuman animals suffer in animal agriculture has been growing for years. But are they the only victims? Selling the products and parts of hundreds of millions of animals in the United States every year requires someone to manage those animals. It requires someone to kill those animals. And it requires someone to dismember those animals long before they ever reach the neat rows of plastic wrapped packaging at the grocery store. To accomplish this process at an industrial scale means hundreds to thousands of animals are together in barns which reek of their waste and create biohazards …

Environmental Enrichment For Farmed Animals, Alexandra Schauer

Animal Law Review

Environmental enrichment standards are set in many animal welfare laws, but such protections are generally withheld from farmed animals. Instead, farmed animals are subject to substandard enclosures that are under-stimulating and inappropriate for their species-specific behavioral needs. Scientific studies have shown that the inclusion of environmental enrichment in an animal’s enclosure balances their production of stress hormones, which has beneficial implications for the overall health and wellbeing of the animal. Establishing enclosure standards for farmed animals that include provisions relating to environmental enrichment would improve farmed animal well-being and, subsequently, the health of the humans who consume products deriving from …

Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender

Seattle University Law Review

The third annual EPOCH symposium, a partnership between the Seattle University Law Review and the Black Law Student Association took place in late summer 2023 at the Seattle University School of Law. It was intended to uplift and amplify Black voices and ideas, and those of allies in the legal community. Prompted by the swell of public outcry surrounding ongoing police violence against the Black community, the EPOCH partnership marked a commitment to antiracism imperatives and effectuating change for the Black community. The published symposium in this volume encompasses some, but not all, the ideas and vision detailed in the …

Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music, Nabil Yousfi

Seattle University Law Review

Whichever way you spin the record, rap music and courtrooms don’t mix. On one side, rap records are well known for their unapologetic lyrical composition, often expressing a blatant disregard for legal institutions and authorities. On the other, court records reflect a Van Gogh’s ear for rap music, frequently allowing rap lyrics—but not similar lyrics from other genres—to be used as criminal evidence against the defendants who authored them. Over the last thirty years, this immiscibility has engendered a legal landscape where prosecutors wield rap lyrics as potent instruments for criminal prosecution. In such cases, color-blind courts neglect that rap …

False Confessions And Police Torture In Mississippi, Chloe Ard

Merge

No abstract provided.

The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon

Seattle University Law Review

Affirmative-action-hostile admissions lawsuits are modern Trojan horses. The SFFA v. Harvard/UNC case—Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et. al., decided jointly—is the most effective Trojan horse admissions lawsuit to date. Constructed to have the distractingly appealing exterior façade of a lawsuit seeking greater fairness in college admissions, the SFFA v. Harvard/UNC case is best understood as a deception-driven battle tactic used by forces waging a multi-decade war against the major legislative victories of America’s Civil Rights Movement, specifically Title VI and Title VII …

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Metals Derivatives Markets And The Energy Transition, Colleen Baker, James W. Coleman

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Keynote Address: Law Schools Need Curricular Reform: Time To Address Transactional Students' Needs, Stephanie Hunter Mcmahon

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Having Fun While Learning: Pedagogical Techniques For Teaching Contract Drafting, Robin Boyle

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Transactional Skills For Tomorrow, Adam Eckart

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Teaching Transaction Planning And Project Management, Michelle Sonu

Transactions: The Tennessee Journal of Business Law

No abstract provided.