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Articles 61 - 90 of 93
Full-Text Articles in Social Welfare Law
Eliminating Cash Bail In Washington State—Amending Criminal Rule 3.2, Simran Kaur
Eliminating Cash Bail In Washington State—Amending Criminal Rule 3.2, Simran Kaur
Seattle University Law Review
This Note discusses the following three parts. Part I provides an overview of the cash bail system, its history, and its contemporary use in Washington state. Part II presents the effects of bail on pretrial release, analyzing low-income and racial inequalities and the adverse impacts it can have on the accused. Part III focuses on solutions and alternatives to the cash bail system, using other states as case studies.
“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
“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 …
Women In Shareholder Activism, Sarah C. Haan
Women In Shareholder Activism, Sarah C. Haan
Seattle University Law Review
Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …
Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud
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 …
Woke Capital Revisited, Jennifer S. Fan
Woke Capital Revisited, Jennifer S. Fan
Seattle University Law Review
Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
Seattle University Law Review
The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
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. …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
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 …
America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody
America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody
Seattle University Law Review
This Note addresses how the U.S. should rectify the harms it has perpetrated on non-citizen adoptees by amending the current deportation statutes to prevent their deportation. Part I addresses the history of adoption in the U.S. and related effects on immigration law. Part II highlights the stories of Adam Crapser and Philip Clay, who were adopted by American families who failed to naturalize them as minors, and who were subsequently deported after they sustained criminal records. Part III examines the policy goals behind deportation as a consequence of criminal convictions, as well as remedies instituted to prevent unwarranted deportation and …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler
Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler
Seattle University Law Review
Under federal law, the CDA has created a loophole for pimps and johns to exploit minors through the Internet. This Note uses Backpage as an example of how interactive computer services consistently evade liability under the current language of the CDA, and examines the need for an amendment to the language of the CDA. This Note argues that an interactive computer service should be held responsible under state law if it helps create the content, thus becoming an “information content provider” under the CDA. Part I provides the groundwork for what sex trafficking is and its relationship to prostitution. Additionally, …
Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni
Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni
Seattle University Law Review
Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it produced the …
The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell
The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell
Seattle University Law Review
When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These …
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope
Seattle University Law Review
In Robertson v. Baldwin, the Supreme Court held that merchant seamen under contract could be legally compelled to work notwithstanding the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. According to the Court, seamen were “deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults,” and therefore could—along with children and wards—be deprived of liberty. Over the past few years, however, several courts have applied statutory bans on “involuntary servitude” and “forced labor” (a “species of involuntary servitude”) to protect women and children in domestic settings. These cases suggest that Robertson’s categorical exclusion is …
The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde
The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde
Seattle University Law Review
Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction …
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
Seattle University Law Review
Child support enforcement is one of several contemporary contexts in which the state threatens to incarcerate people if they fail to work. This symposium essay explores whether this practice violates the Thirteenth Amendment’s ban on involuntary servitude. At first glance, such threats fall squarely within the ambit of the early 20th century peonage cases. There, the Supreme Court struck down criminal enforcement of legal obligations to work off a debt. Several modern courts have declined to reach a similar conclusion when child support enforcement puts obligors to a choice between paying, working, and going to jail. To do so, these …
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.
Seattle University Law Review
The Thirteenth Amendment currently enjoys a robust renaissance among legal scholars who contend that it provides a judicial remedy for and congressional authority to proscribe the “badges and incidents of slavery.” As discussed below, this interpretation, although not self- evident from the Amendment’s bare text, is well supported by the Amendment’s history and context, the Framers’ explicit intentions, the legislative debates in Congress leading to the Amendment’s adoption, and the contemporaneous legal understanding of the ways in which the Slave Power that had come to dominate and distort American society. This Article briefly explores whether the Thirteenth Amendment applies to …
The Constitution And Slavery Overseas, George Rutherglen
The Constitution And Slavery Overseas, George Rutherglen
Seattle University Law Review
This Article examines the resources available under American law to address the issues raised by extraterritorial enforcement of one of the most widely recognized human rights—to be free from physical coercion and the loss of liberty. Part I reviews the history of adoption, interpretation, and enforcement of the Thirteenth Amendment. The scope of the Amendment gradually expanded through the joint efforts of Congress and the Supreme Court, resulting in a prohibition that now goes beyond involuntary servitude to all forms of peonage, whether supported by state or private action. Part II then looks to other sources of congressional power—the Commerce …
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward
Seattle University Law Review
The two most recent federal statutes passed pursuant to Congress’s Thirteenth Amendment enforcement power are the Trafficking Victims Protection Act of 2000 (TVPA) and the Shepard-Byrd Hate Crimes Act of 2009. While the Thirteenth Amendment basis of the TVPA has never been questioned in court, the constitutionality of the Shepard-Byrd Act has been challenged (albeit unsuccessfully) in a series of recent cases. This Essay will consider this disparity and suggest that it tells us something about the parameters of the Thirteenth Amendment enforcement power. In particular, it suggests that congressional power is at its apex when the conduct regulated—like human …
A Positive Right To Free Labor, Rebecca E. Zietlow
A Positive Right To Free Labor, Rebecca E. Zietlow
Seattle University Law Review
This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary servitude …
Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros
Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros
Seattle University Law Review
The articles in this Symposium are arranged in three clusters. One cluster focuses on the definition of slavery and involuntary servitude and the reach of the Thirteenth Amendment in prohibiting oppressive labor relationships. Another cluster analyzes several positive class-based rights that emanate from the Thirteenth Amendment. The final cluster examines contemporary examples of oppressive labor that could violate the Thirteenth Amendment’s proscription against slavery and involuntary servitude.
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Seattle University Law Review
Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Seattle University Law Review
Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …