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Articles 1 - 30 of 12107
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How Traditional And Social Media Shapes Public Perception Of United States Surpeme Court Decisions On Civil Liberties, Leila P. Martin
How Traditional And Social Media Shapes Public Perception Of United States Surpeme Court Decisions On Civil Liberties, Leila P. Martin
Williams Honors College, Honors Research Projects
This study examines how traditional and social medai shape public perception of U.S. Supreme Court decisions on Civil liberties, focusing on four landmark cases: Dobbs v. Jackson, District of Columbia v. Heller, Materpiece Cakeshop v. Colorado Civil Rights Commission, and Obergfell v. Hodges. Using Entmans framing theory, the research analyzes how tone, language, emphasis, and ideological slant differ across media platofrms and how these frames infleunce public attitudes, insitutional trust, and civic understanding. A mixed-methods design combines archival media analysis, national polling data from Pew Rsearch Center and gallup, and an independent survery to asses how media narratives, rather than …
An Open Door Policy: A Contemporary Analysis Of The Continuing Need For Court-Connected Civil Compulsory Arbitration Programs, Joshua D. Rogers
An Open Door Policy: A Contemporary Analysis Of The Continuing Need For Court-Connected Civil Compulsory Arbitration Programs, Joshua D. Rogers
Pepperdine Dispute Resolution Law Journal
Compulsory arbitration could be a crucial instrument in addressing an impending renewed litigation explosion. In the latter half of the twentieth century, numerous courts implemented court-connected civil compulsory arbitration programs to help address the substantial problems created by historic increases in civil litigation. Without much fanfare, these programs have been successfully operating to achieve the goals envisioned at their creation—improving judicial economy and efficiency. Despite the success and longevity in adopting jurisdictions, compulsory arbitration has peaked in its adoption and has seemingly faded into the background of the alternative dispute resolution conversation. Neglecting or dismissing this vital tool in the …
New Judicial Federalism At The Crossroads: Observations Of State Constitutionalism In Rhode Island, Melissa A. Long, Geoffrey H. Cole
New Judicial Federalism At The Crossroads: Observations Of State Constitutionalism In Rhode Island, Melissa A. Long, Geoffrey H. Cole
Northwestern University Law Review
Jurists nationwide are engaged in robust conversations about state constitutionalism and the degree to which their state constitutions are more protective of individual rights than is the United States Constitution. The Rhode Island Supreme Court, like several state supreme courts, largely adheres to the minimum standards of protection that the United States Supreme Court establishes under the federal constitution when interpreting analogous provisions under the state constitution; that is, it follows a lockstep approach with the United States Supreme Court’s interpretation of individual rights guaranteed by the federal constitution that are also protected under the Rhode Island Constitution.
Proponents of …
Geduldig's Footnote: Five-Plus Decades Of State Courts Reckoning With Federal Pregnancy Discrimination Doctrine, Martha F. Davis
Geduldig's Footnote: Five-Plus Decades Of State Courts Reckoning With Federal Pregnancy Discrimination Doctrine, Martha F. Davis
Northwestern University Law Review
In Geduldig v. Aiello (1974), the U.S. Supreme Court held that pregnancy discrimination does not constitute sex discrimination. The decision’s constitutional logic has recently been applied in Dobbs v. Jackson Women’s Health Organization and United States v. Skrmetti. Yet over five decades, state courts have overwhelmingly rejected Geduldig’s rationale—both in construing state employment discrimination statutes and in interpreting state constitutional equality provisions. Courts in at least sixteen states have rejected Geduldig’s rationale in construing state employment discrimination laws, while only four states have followed it. Of the ten states with Equal Rights Amendments that have addressed whether …
State Greenhouse Gas Emissions Disclosure Laws And The Dormant Commerce Clause: Leveraging The State Interest In Protecting Residents From Deception To Pass The Pike Balancing Test, Matthew Macphail
Northwestern University Law Review
Misleading corporate claims about greenhouse gas emissions pose a high risk of consumer deception, as there is currently no uniform federal standard governing how companies must measure or disclose those emissions. Without a national regulatory scheme, firms can selectively report, use inconsistent methodologies, or market vague “carbon neutral” claims, making it difficult for consumers to assess accuracy or compare companies’ representations.
In 2023, California introduced legislation requiring companies doing business in the state to disclose their greenhouse gas emissions in an effort to bring transparency to this area. But such state-level mandates face a constitutional obstacle: the Dormant Commerce Clause, …
Textual (In)Difference In State Search-And-Seizure Provisions, Quinn Yeargain
Textual (In)Difference In State Search-And-Seizure Provisions, Quinn Yeargain
Northwestern University Law Review
Over the past 250 years, state constitutional drafters have refined the scope of rights and liberties protected by their constitutions’ texts. Today, all state constitutions include a search-and-seizure provision—and though only a minority follow the layout, text, and context of the Fourth Amendment to the U.S. Constitution, most of them bear a striking resemblance to it. However, textual variations abound. Some of them may seem minor, like using the word “possessions” instead of “effects,” or mandating that warrants describe their intended targets “as nearly as may be” instead of requiring that they “particularly describ[e]” them. But others, like the addition …
The New Economic Liberties, Daniel B. Rodriguez
The New Economic Liberties, Daniel B. Rodriguez
Northwestern University Law Review
Despite the lack of serious interrogation at the federal constitutional level of economic regulations, there continues to be a fairly robust, energetic attention at the level of state constitutional law to so-called economic liberties. In a number of key cases, including, for example, matters involving occupational licensing, state courts have looked to unique features of their respective state constitutions to assess whether and to what extent regulations undertaken under the police power go too far. The rationales for evaluating and, in some cases, invalidating regulations under economic liberties principles are creative, and also controversial. The development of new interpretive approaches …
Child Labor And State Constitutionalism, Andrew Hammond, Helen Hershkoff
Child Labor And State Constitutionalism, Andrew Hammond, Helen Hershkoff
Northwestern University Law Review
Almost ninety years after Congress banned “oppressive” child labor as part of the Fair Labor Standards Act, employers are pushing state legislatures to let them put children to work in dangerous poultry plants, at hazardous construction sites, and during late shifts on school nights. Perversely, calls to rollback federal protections are camouflaged in the rhetoric of parents’ rights, casting child labor regulation as intrusive, paternalistic, and even socialist—echoing the same corporate arguments used a century ago when the Child Labor Amendment to the U.S. Constitution went down in defeat. These arguments mask the desperate economic circumstances of a parent claiming …
Court Reform And State Constitutions, Bryna Godar, Miriam Seifter
Court Reform And State Constitutions, Bryna Godar, Miriam Seifter
Northwestern University Law Review
State legislatures regularly propose and enact laws that seek to shape the substantive outcomes of state courts. These maneuvers, including court-packing, jurisdiction-stripping, and more creative changes to judicial selection or authority, would amount to legal earthquakes at the federal level. At the state level, these efforts often receive virtually no attention.
This Essay brings the potent category of outcome-shaping state court reform measures into focus and evaluates it as a question of state constitutional law. We argue that state constitutions, organized around principles of popular sovereignty, do not bar measures that align state courts with popular preferences or the public’s …
State Constitutionalism's Fragile Wall, Adam B. Sopko
State Constitutionalism's Fragile Wall, Adam B. Sopko
Northwestern University Law Review
The adequate and independent state grounds (AISG) doctrine has long demarcated the perimeter of the U.S. Supreme Court’s authority to review state court decisions, limiting review to questions of federal law. AISG maintains the Court’s primacy over federal law and state courts’ supremacy over state law. A comprehensive review of all filings on the Court’s docket from state courts over the last twenty years reveals that recent applications of AISG consist of subtle but significant departures from existing norms that, together, suggest a reformulation of the Court’s power over state courts that threatens their sovereign law development role. This Essay …
State Constitutional Rights And Judicial Power, Zachary D. Clopton
State Constitutional Rights And Judicial Power, Zachary D. Clopton
Northwestern University Law Review
On the one hand, we are in a moment when interest in state courts and state constitutional law is growing. Especially, though not exclusively, among those who question the Supreme Court of the United States, there are increasing calls for state supreme courts to rely on state constitutions to expand rights. On the other hand, we are in a moment when interest in reducing the power of the courts is growing. Especially, though not exclusively, among those who question the Supreme Court of the United States, there are increasingly calls for reining in judicial power.
This Essay is not an …
Foreword: Fifty-One Constitutions In An Evolving Federal Order, Misha Bogdanov, Olivia Christ
Foreword: Fifty-One Constitutions In An Evolving Federal Order, Misha Bogdanov, Olivia Christ
Northwestern University Law Review
On November 6 and 7, 2025, the Northwestern University Law Review, along with the Brennan Center for Justice and State Court Report, convened for its annual symposium, titled The Power of State Constitutional Rights. The symposium brought together judges, practitioners, and scholars to consider the substantive rights protected by state constitutions, the institutions charged with enforcing them, and the democratic processes through which state constitutional law changes. Across conversations about reproductive freedom, criminal procedure, labor, economic liberty, LGBTQ+ rights, voting, federalism, and judicial design, one proposition repeatedly, and emphatically, came into view: American constitutional law is not exhausted by the …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
Washington Search And Seizure Law: 2026 Update, Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven González
Washington Search And Seizure Law: 2026 Update, Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven González
Seattle University Law Review
This Survey is intended to serve as a resource which Washington lawyers, judges, law enforcement officers, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. As the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its decisions and reflections on Washington law are discussed.
Most of the Survey cases involve the Washington …
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Much Ado About Nothing: The Effect Of The "Nullity Rule" On Purported Pro Se Litigants In Federal Court, John T. Lambert
Much Ado About Nothing: The Effect Of The "Nullity Rule" On Purported Pro Se Litigants In Federal Court, John T. Lambert
Kentucky Law Journal
No abstract provided.
Timely Trials, Costly Remedies: Remedial Deterrence After Jordan, Maggie Morris
Timely Trials, Costly Remedies: Remedial Deterrence After Jordan, Maggie Morris
Dalhousie Law Journal
This article critiques the Supreme Court of Canada’s ceiling–stay regime under sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms, which imposes a presumptive limit on trial delay and mandates a stay when the ceiling is breached. The regime’s design is best understood through the analytical lens of remedial deterrence, which examines how the cost of a strong remedy shapes judicial interpretation of a right. I argue the automatic stay has produced meaningful gains by forcing governments and justice actors to internalize the costs of delay, but its rigidity has also encouraged doctrinal adjustments that risk narrowing …
Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh
Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh
BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية
This paper examines the concept of acts of sovereignty within the Palestinian legal system by analyzing its application in administrative and constitutional adjudication, particularly in cases arising from the 2021 presidential decree postponing the general elections. The paper presents the arguments advanced by the parties before the administrative courts and the Supreme Constitutional Court, and evaluates the extent to which the judicial rulings align with constitutional principles, especially the right to litigation and the right to political participation, including voting and candidacy. The paper also discusses the theoretical and practical foundations for excluding acts of sovereignty from judicial review, and …
Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge
Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd
Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong
Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey
Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Offside Advantage: Disparities In High School Athletic Funding And The Turn Toward State-Based Legal Remedies, Skylar Glass
Offside Advantage: Disparities In High School Athletic Funding And The Turn Toward State-Based Legal Remedies, Skylar Glass
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Legal And Functional Status Of The Public Prosecution Office In The Moroccan Judicial System - A Comparative Analytical Study, Hatim Anouar
Legal And Functional Status Of The Public Prosecution Office In The Moroccan Judicial System - A Comparative Analytical Study, Hatim Anouar
Journal of Police and Legal Sciences
Over the past decade, Morocco has chosen to embark on an experiment aimed at making the Public Prosecutor’s Office independent of the executive branch, by severing any links that might bind it to the Minister of Justice, and by enshrining this independence not at the constitutional level, but at the legislative level. Although this initiative continues to face numerous challenges and issues, it has not been accompanied by a review of the legal and operational status of the Public Prosecutor’s Office, which gives rise to many problems and contradictions.
In this article, the author seeks to shed light on the …
Pengabaian Hak Cipta Musik Dalam Pelatihan Algoritma Artificial Intelligence: Analisis Penggandaan Karya Dan Implikasi Hak Moral Pencipta, Adi Jaya, Reni B. Setianingrum
Pengabaian Hak Cipta Musik Dalam Pelatihan Algoritma Artificial Intelligence: Analisis Penggandaan Karya Dan Implikasi Hak Moral Pencipta, Adi Jaya, Reni B. Setianingrum
Jurnal Hukum & Pembangunan
The development of Artificial Intelligence in the music industry raises new legal challenges within copyright law, particulary regarding the use of copyrighted musical works as training data for AI algorithms, AI training processes typically involve digital reproduction, dataset storage, and musical pattern extraction, often conducted without consent or attribution, thereby posing risks to the protection of authors moral rights. This article examines whether AI training activities ca be legally classified as reproduction under Indonesia’s Copyright Law (Law No. 28 of 2014) and analyzes their implications for the protection of moral rights. Using a normative legal research method with statutory, conceptual, …
Kedudukan Hukum Perjanjian Jual Beli Tanah Ulayat Dalam Sistem Hukum Perdata Indonesia, Yeni Oktafia
Kedudukan Hukum Perjanjian Jual Beli Tanah Ulayat Dalam Sistem Hukum Perdata Indonesia, Yeni Oktafia
Jurnal Hukum & Pembangunan
Under Article 1457 of the Indonesian Civil Code, a sale and purchase agreement creates reciprocal rights and obligations between the parties. In Indonesian land law practice, however, transactions involving customary land (tanah ulayat) present legal complexities due to its communal nature and governance by indigenous law communities, coupled with the absence of explicit regulation in the Civil Code and the plurality of customary law systems. This research examines the legal position and juridical implications of tanah ulayat sale and purchase agreements within Indonesian civil law while acknowledging the continued applicability of customary law. Employing a normative legal research method with …