Environmental Law Commons^™

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Seeking Higher Ground: Developing A Tribal Model Code For Disaster And Emergency Management In A Complex Jurisdictional Environment, Brian Candelaria

American Indian Law Journal

“The teepee is much better to live in;

always clean, warm in winter, cool in summer; easy to move. The white man builds his big house, cost much money, like big cage, shut out sun, can never move; always sick. Indians and animals know better how to live than white man; nobody can be in good health if does not have all the time fresh air, sunshine, and good water.”

- Chief Flying Hawk[1]

In 2019, I opened my submission for the Sovereignty Symposium’s Doolin Award with the statement above. The entry was accepted and reprinted in the American …

Reclaiming Sacred Homelands: Asserting Treaty Rights And The Path Towards Restoration Of The Badger-Two Medicine, Sarah Greenberg

American Indian Law Journal

“In order for law to have an influence in the lives of ordinary people, it must have something to do with the emotional feelings of justice, it must speak to our basic humanity, and it must give us common sense directions as to what behavior and beliefs are right and wrong"

“I’Ll Have The Fish, Please” – Why Wild, Sustainable Fisheries In The United States Need Permanent Federal Protection, And Fast, Renee Larson

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.

Regulation, Radiation, And Rationality: Calculating An Intersection Of Law And Economics To Enable Nuclear Power Innovation In The United States, Sandra Roettgering

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Session 5: Banking, Capital Markets, And The Crypto Revolution - A Look Back And Projection Of The Future Of Fintech, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, Jill Williamson

SITIE Symposiums

In Session Five of the SITIE 2023 Symposium: Enabling Innovation in Law and Society, Joseph M. Vincent moderated as the four panelists, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, and Jill Williamson, discussed banking, capital markets, and the crypto revolution by looking back and projecting the future of the financial technology (FinTech) industry. The discussion commenced with a conversation on banking deposits, then moved into a discussion on cryptocurrency companies and the challenges they have faced in recent years in the banking industry. The panelists further discussed artificial intelligence (AI) technology’s impact on FinTech, open banking, and challenges facing cryptocurrency …

Session 4: Fireside Virtual Chat With Bruce Jackson, Associate General Counsel, Microsoft, Bruce Jackson

SITIE Symposiums

Rhymes all have in common? Besides musical talent, they have all been represented by Bruce Jackson, one of the founding partners of the entertainment law firm, Jackson, Brown, Powell, and St. George. Jackson, a Brooklynite and longtime Microsoft attorney, is a force in the legal industry. Jackson started at Microsoft in the year 2000 as Corporate Counsel for the digital media division. Jackson now serves as Associate General Counsel and Managing Director for Strategic Partnerships out of the Office of the President for Microsoft. Jackson recently published his first book, Never Far From Home: My Journey from Brooklyn to Hip …

Session 3: Diversity Enhancing Intellectual Property, Jordi Goodman, Nina Srejovic

SITIE Symposiums

The field of intellectual property suffers from a lack of diversity. Women are underrepresented as credited inventors in the United States. Additionally, multi-gender inventor groups are underrepresented compared to all-male and, sometimes, even all-female groups. This representation has changed over time, with changes not always reflecting an increase in female representation. This is particularly true when studying gender-disparity as it exists in the field of computer programming and software patents. While women were well represented in computer programming at field’s inception, this changed after World War II because men lobbied to push women out of the field. Women have since …

Session 2: Diversity As Key To Innovation - Stem Education, Richard Tapia

SITIE Symposiums

Richard A. Tapia is a professor at Rice University, where he has taught since 1970. Tapi specializes in optimization theory and numerical analysis. It has been his lifelong work to help underrepresented minorities achieve academic success and success in life.

In this talk, Tapia emphasizes the importance of diversity in STEM fields and highlights the failures of the education system in supporting underrepresented minorities. Tapia opines that more efforts need to be made to bring domestic underrepresented minorities into STEM positions and to recognize the value they bring. Tapia believes that, to address the lack of minority representation in STEM …

Session 1b: Innovation In Legal Contracts And Deals - How Lexion Is Incorporating Ai Into Document Revision, Lexion

SITIE Symposiums

Here, Gaurav Oberoi (CEO and Founder, Lexion) & Jessica Nguyen (Chief Legal Officer, Lexion) discuss Lexion and how it will change the legal industry. Lexion seeks to revolutionize how companies manage the contracts that they use. It has begun to corner a particular market in the rapidly growing field of Artificial Intelligence (AI), helping in-house attorneys to improve their workflow by automatically analyzing documents. By using AI, the program can successfully remove what the CEO of Lexion refers to as “low value” work. This allows overworked in-house attorneys to not only do more work in a faster time frame, but …

Session 1a: Innovation In The Delivery Of Legal Services And Access To Justice, Vikktoria

SITIE Symposiums

In session one, Walid Romaya and Tabrez Ebrahim, co-founders of Vikktoria, discuss their company and its contributions to improving access to justice. With a dual focus on achieving a broader access to justice and in providing matchmaking services for legal professionals looking for a larger client base, Vikktoria aims to disrupt the legal services industry through its mobile app. Based in California, Vikktoria has begun to expand to various metro areas around the country and hopes to provide broader access to justice by giving those with little to no legal knowledge an easy way to find a local attorney, book …

Introduction, Steven Bender

SITIE Symposiums

No abstract provided.

Vertical Farming: A Bottom-Up Approach, Michael Martinez

Seattle Journal of Technology, Environmental & Innovation Law

The twenty-first century will require innovative solutions to address the effects of climate change. Vertical farming is one solution that could help conserve a significant amount of freshwater and reduce the agricultural industry’ s overuse of pesticides and intensive tilling practices, which contributes to soil erosion and pesticide runoff. There has been significant investment in vertical farming in every region of the United States; however, the cost to produce foods with vertical farming remains more costly than traditional farming, which is in large part due to the substantial amount of electricity needed to power all the technology required to grow …

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

An update on American Indian case law from September 2021-October 2022.

Toward A Tribal Role In Groundwater Management, Alexandra Fay

American Indian Law Journal

This Article considers the Agua Caliente groundwater litigation a decade since its inception. It recounts the most recent developments in the case, notably the move to mediation and the strategic work that brought the water districts to the table. The Article places this monumental case in context: in the history of colonization and tribal-state relations, the present climate crisis, and the State of California’s groundwater management regime. The Article ultimately outlines the present opportunity to reimagine the role of tribes in groundwater management.

Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster

American Indian Law Journal

Coastal land loss driven by erosion and subsidence, and amplified by climate change, has forced the abandonment and resettlement of the remote Louisiana Indigenous community of Isle de Jean Charles. This relocation, to a relatively ‘safer’ site inland has led to division among the residents and will inevitably cause irreparable damage to the culture and traditions of the Houma and Biloxi Chitimacha Confederation of Muskogees peoples who called this small, isolated island home. Driven to the water’s edge by European colonization of south Louisiana, this community developed a dynamic subsistence lifestyle based on agriculture, hunting, and fishing which survived undisturbed …

Politics And The Criminal Enforcement Of The Toxic Substances Control Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle Mcgurrin

Seattle Journal of Technology, Environmental & Innovation Law

Environmental crimes related to chemical substances are governed under the Toxic Substances Control Act (TSCA). When these violations involve significant harm or culpable conduct they may be remedied through criminal prosecution. While Democratic and Republican presidents have offered historically varied support for criminal enforcement, we know very little about how politics affects TSCA enforcement outcomes or TSCA criminal enforcement generally. To address these issues, we performed a content analysis of 2,728 criminal prosecutions from 1983-2021 that derive from the United States Environmental Protection Agency (EPA) criminal investigations and select all TSCA prosecutions. Results show 75 prosecutions were adjudicated, involving 137 …

The Value Of Vehicle-To-Grid Systems In The Clean Energy Transition: Policy And Regulatory Issues, Alyssa Valentine

Seattle Journal of Technology, Environmental & Innovation Law

As the United States transitions to clean energy, advances in technology are making such a transition possible by enabling utility-scale renewable energy generation (primarily wind and solar) and transportation electrification. However, the growth in renewable energy generation and electric vehicles (EVs) has created new reliability issues for the electric grid due to the intermittent nature of solar and wind power and increased load on the grid from EV charging. New methods and tools are needed to balance energy supply and demand. One such tool is the vehicle-to-grid (V2G) system, which uses EV batteries to help balance the grid, providing additional …

Forests Up In Smoke: An Analysis Of The Washington State Legislatures 2016-2021 Actions To Combat And Reduce Wildfires, Mckaylin Hughes

Seattle Journal of Technology, Environmental & Innovation Law

“Forests Up in Smoke: An Analysis of the Washington State Legislatures 2016-2021 Actions to Combat and Reduce Wildfires” examines and scrutinizes recent legislation passed by the Washington State Legislature that is specifically focused on preventing and combatting wildfires across the State of Washington. Over the last decade, Washington State has experienced several of the worst wildfire seasons in the state’s history, and with this increase in wildfires, Washingtonians need more action from the State Legislature to manage, protect, and restore our forests.

One way Washington can take a more proactive approach to combatting wildfires is by utilizing alternative methods for …

Reframing The Dei Case, Veronica Root Martinez

Seattle University Law Review

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles

Seattle University Law Review

In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …

Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud

Seattle University Law Review

This Article adds to the literature that has linked feminist economics to foreign trade and development. It argues that two key factors need to be in place jointly if efforts to promote gender equity are to succeed. On the one hand it argues that foreign debt is an important constraint to domestic progressive social policies of all kinds as it increases the power of international creditors who generally tend to support austerity policies. On the other hand, while alleviating the burden of foreign debt via exportpromotion policies is necessary, it is by no means a sufficient condition to promote domestic …

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …

“What’S Past Is Prologue”: The Story Of The Sale Of The University Of Puget Sound School Of Law To Seattle University, Annette E. Clark

Seattle University Law Review

When the Seattle University Law Review editorial staff invited me to write an updated history of the Seattle University School of Law in honor of our 50th anniversary, I planned to start the narrative with the year 1989, which was where the prior written history (authored by former Law Library Director Anita Steele and published by the Law Review) had left off. It also happens to be the year when I graduated from this law school and joined the tenure-track faculty, so 1989 seemed like a propitious place to begin. However, as I began to do the research necessary to …

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki

Seattle University Law Review

On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …

Blood On The Tracks, Thomas D. Russell

Seattle University Law Review

Streetcars were the greatest American tortfeasors of the early twentieth century, injuring approximately one in 331 urban Americans in 1907. This empirical study presents never-before-assembled data concerning litigation involving streetcar companies in California during the early twentieth century.

This Article demonstrates the methodological folly of relying upon appellate cases to describe the world of trial court litigation. Few cases went to trial. Plaintiffs lost about half their lawsuits. When plaintiffs did win, they won very little money. Regarding the bite taken out of the street railway company, the Superior Court was a flea.

Professor Gary Schwartz and Judge Richard Posner …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents